ISSUE OFAugust 16, 1991" Volume 16, Number 61, August 16, 1991 Pages 4429-4516 Emergency Sections Texas Education Agency 4439-School Districts 4439-Planning and Accreditation 4439-Teacher Certification State Board of Insurance 4440-State Fire Marshall Proposed Sections Public Utility Commission of Texas 4441-Substantive Rules Texas Education Agency 4442-Investment of the Permanent School Fund 4443-School Districts 4443-Instructional Resources 4444-Curriculum 4444-Adaptations for Special Populations 4447-Planning and Accreditation 4447-Teacher Certification Texas Workers' Compensation Commission 4448-Workers' Health and Safety-Extra Hazardous Employer Program Texas Department of Human Services 4449-Legal Services Withdrawn Sections Texas Workers' Compensation Commission 4451-Workers' Health and Safety-Extra Hazardous Employer Program Texas Youth Commission 4451-Treatment Texas Department on Aging 4451-Homemaker II/Home Health Aide Service Standards Adopted Sections Texas Higher Education Coordinating Board 4453-Program Development 4453-Campus Planning and Physical Facilities Development 4454-Student Services Texas Optometry Board 4454-Therapeutic Optometry Texas Department of Mental Health and Mental Retardation 4455-System Administration Texas Workers' Compensation Commission 4458-Medical Benefits-Guidelines for Medical Services, Charges, and Payments 4460-Workers' Health and Safety-Extra-Hazardous Employer Program Comptroller of Public Accounts 4466-Tax Administration Texas Youth Commission 4466-General Provisions 4467-Admission and Placement 4479-Treatment 4482-Discipline and Control Texas Department of Human Services 4490-Family Self-Support Services 4492-Medicaid Eligibility 4493-Long Term Care Nursing Facility Requirements for Licensure and Medicaid Certification 4493-Community Care for Aged and Disabled Texas Department on Aging 4494-Homemaker I Service Standards State Board of Insurance 4494-Notification Pursuant to the Texas Insurance Code, Chapter 5, Subchapter L Open Meetings 4499-Texas Department of Agriculture 4499-Bond Review Board 4499-Texas Department of Commerce 4499-Texas Department of Criminal Justice, Board of Pardons and Paroles 4499-Texas School for the Deaf 4500-Texas State Board of Dental Examiners 4500-Texas Education Agency 4500-Texas Employment Commission 4500-Texas Food and Fibers Commission 4500-Texas Health and Human Services Coordinating Council 4501-Texas Commission on Human Rights 4501-Texas Department of Human Services 4501-State Board of Insurance 4502-Judicial Advisory Council 4502-Texas Department of Licensing and Regulation 4502-Texas Motor Vehicle Commission 4503-Public Utility Commission of Texas 4503-Texas Low-Level Radioactive Waste Disposal Authority 4503-Railroad Commission of Texas 4504-Texas Real Estate Commission 4504-Texas Rehabilitation Commission 4505-School Land Board 4505-Structural Pest Control Board 4505-Texas Appraiser Licensing and Certification Board 4505-Texas State University System, Board of Regents 4506-Texas Water Commission 4506-Texas Water Development Board 4506-Texas Workers' Compensation Commission 4506-Regional Meetings In Addition Texas Department on Aging 4511-Request for Proposals Texas Department of Banking 4511-Notice of Application State Banking Board 4511-Notice of Hearing Office of Consumer Credit Commissioner 4512-Notice of Rate Ceilings Texas Education Agency 4512-Request for Applications Heart of Texas Council of Governments 4512-Request for Proposals Texas Higher Education Coordinating Board 4513-Notice of Meeting Texas Department of Human Services 4513-Notice of Public Hearings State Board of Insurance 4513-Company Licensing Texas State Library and Archives Commission 4513-Consultant Contract Award Board of Nurse Examiners 4514-Bid for Test Administration Service Requested State Preservation Board 4514-Request for Proposals Public Utility Commission of Texas 4515-Notice of Intent To File Pursuant To PUC Substantive Rule 23.27 State Purchasing and General Services Commission 4515-Request for Proposals Texas Water Commission 4516-Enforcement Orders Texas Water Development Board 4516-Applications Received Texas Workers' Compensation Insurance Facility 4517-Request for Proposals CONTENTS CONTINUED INSIDE ISSUE OFAugust 16, 1991" TAC Titles Affected TAC Titles Affected-August The following is a list of the administrative rules that have been published this month. TITLE 7. BANKING AND SECURITIES Part V. Office of Consumer Credit Commissioner 7 TAC sec.sec.85.1, 85.2, 85.4, 85.9, 85.12, 85.22, 85.30, 85.50, 85.57, 85.58--4389 Part VII. State Securities Board 7 TAC sec.105.10--4321 7 TAC sec.109.3--4349 7 TAC sec.109.5--4321, 4347 7 TAC sec.109.14--4322 7 TAC sec.111.2--4349 7 TAC sec.115.7--4350 7 TAC sec.139.12--4350 TITLE 10. COMMUNITY DEVELOPMENT Part V. Texas Department of Commerce 10 TAC sec.176.8--4261 TITLE 14. AGRICULTURE Part II. Animal Health Commission 4 TAC sec.35.2--4223 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas 16 TAC sec.11.201--4203 Part II. Public Utility Commission of Texas 16 TAC sec.23.43--4322 16 TAC sec.23.45--4323 16 TAC sec.23.56--4441 Part IV. Texas Department of Licensing and Regulation 16 TAC sec.69.208--4223 TITLE 19. EDUCATION Part I. Texas Higher Education Coordinating Board 19 TAC sec.5.154--4453 19 TAC sec.17.24--4453 19 TAC sec.21.60--4454 19 TAC sec.21.123--4454 Part II. Texas Education Agency 19 TAC sec.33.105--4442 19 TAC sec.61.1041--4439, 4443 19 TAC sec.67.131--4443 19 TAC sec.75.174--4444 19 TAC sec.89.41--4444 19 TAC sec.89.221--4445 19 TAC sec.89.233--4445 19 TAC sec.89.243--4446 19 TAC sec.97.10--4439, 4447 19 TAC sec.141.2--4439, 4448 19 TAC sec.141.421--4440, 4448 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 VI. Texas State Board of Registration for Professional Engineers 22 TAC sec.sec.131.101, 131.103, 131.104--4401 22 TAC sec.131.120--4402 22 TAC sec.131.134--4402 22 TAC sec.131.137--4402 22 TAC sec.131.151--4402 22 TAC sec.131.171--4403 22 TAC sec.131.224--4403 Part XI. Board of Nurse Examiners 22 TAC sec.211.5--4347 22 TAC sec.217.10--4351 22 TAC sec.218.9--4351 Part XII. Board of Vocational Nurse Examiners 22 TAC sec.231.1--4397 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 XIV. Texas Optometry Board 22 TAC sec.280.1-280.6--4454 Part XIX. Polygraph Examiners Board 22 TAC sec.391.3--4284 22 TAC sec.397.40--4263 Part XXI. Texas State Board of Examiners of Psychologists 22 TAC sec.463.5--4397 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 25 TAC sec.sec.313.1-313.6, 313.8, 313.12-313.13, 313.15, 313.17, 313.18--4323 Part II. Texas Department of Mental Health and Mental Retardation 25 TAC sec.sec.401.683-401.689, 401.692--4455 25 TAC sec.sec.405.101-405.114--4203 Part VIII. Interagency COucil on Early Childhood Intervention 25 TAC sec.sec.621.22-621.26 621.28--4327 25 TAC sec.621.25--4352 25 TAC sec.621.41, 621.42. 621.44--4333 TITLE 28. INSURANCE Part I. State Board of Insurance 28 TAC sec.sec.3.8001-3.8022--4403 28 TAC sec.5.6302--4255 28 TAC sec.sec.19.621-19.630--4256 28 TAC sec.27.605--4440 Part II. Texas Workers' Compensation Commission 28 TAC sec.102.7--4352 28 TAC sec.110.4--4352 28 TAC sec.134.5--4458 28 TAC sec.134.6--4459 28 TAC sec.164.1, sec.164.3--4460 28 TAC sec.164.2, 164.4-164.7, 164.9-164.12--4462 28 TAC sec.164.8 sec.164.13--4448, 4451 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part I. General Land Office 31 TAC sec.9.7--4353 31 TAC sec.sec.14.1-14.5--4315,4354 31 TAC sec.sec.19.1-19.6--4335 31 TAC sec.sec.19.11-19.20--4338 31 TAC sec.sec.19.31-19.39--4341 31 TAC sec.sec.19.51-19.54--4342 Part II. Parks and Wildlife Department 31 TAC sec.65.72--4354 31 TAC sec.65.261--4354 31 TAC sec.65.311--4355 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.334.301, 334.302, 334.304-334.306, 334.310, 334.312-334.316, 334.322--4316 31 TAC sec.sec.334.312-334.316--4320 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 I. Comptroller of Public Accounts 34 TAC sec.3.196--4466 Part IV. Employees Retirement System of Texas 34 TAC sec.71.9--4398 34 TAC sec.71.17--4398 34 TAC sec.73.19--4398 34 TAC sec.77.5--4399 34 TAC sec.81.1--4285 34 TAC sec.81.7--4399 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 III. Texas Youth Commission 37 TAC sec.sec.81.111, 81.113, 81.118--4466 37 TAC sec.sec.81.114, 81.116, 81.117, 81.120, 81.121 --4466 37 TAC sec.81.119--4466 37 TAC sec.sec.81.401-81.407--4467 37 TAC sec.85.1, sec.85.3--4467 37 TAC sec.85.21, 85.23, 85.25, 85.29, 85.35--4468 37 TAC sec.85.23, sec.85.29--4474 37 TAC sec.sec.85.27, 85.31, 85.33, 85.43--4475 37 TAC sec.85.37--4477 37 TAC sec.87.53--4451 37 TAC sec.sec.87.1, 87.3, 87.7, 87.9, 87.21, 87.23 --4479 37 TAC sec.87.7, 87.9, 87.21, 87.23--4482 37 TAC sec.87.75--4482, 37 TAC sec.sec.91.1, 91.3, 91.5, 91.7, 91.9, 91.11, 91.13 --4482 37 TAC sec.91.31--4486 37 TAC sec.sec.91.55, 91.57, 91.59, 91.63, 91.65, 91.69 --4486 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 IX. Texas Commission on Jail Standards 37 TAC sec.297.9--4357 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.sec.2.1008, 2.1010, 2.1012, 2.1016--4344 40 TAC sec.3.501--4358 40 TAC sec.3.902--4354 40 TAC sec.4.1002--4358 44 TAC sec.sec.4.1004, 4.1006, 4.1010--4412 40 TAC sec.10.2304--4259, 4276 40 TAC sec.sec.10.3411, 10.3412, 10.3414, 10.3415, 10.3424, 10.3433, 10.3453, 10.3454--4491 40 TAC sec.10.3456--4491 40 TAC sec.sec.10.3460-10.3465--4492 40 TAC sec.15.433--4492 40 TAC sec.15.455, sec.15.465--4492 40 TAC sec.15.500--4493 40 TAC sec.19.1805--4493 40 TAC sec.27.2801--4225 40 TAC sec.47.6901--4225 40 TAC sec.48.2906, sec.48.2918--4493 40 TAC sec.48.2908--4494 40 TAC sec.49.601, sec.49.603--4277 40 TAC sec.79.1611, sec.79.1612--4449 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 Part IX. Texas Department on Aging 40 TAC sec.sec.297.1, 297.3, 297.5, 297.7, 297.9, 297.11, 297.13, 297.15, 297.17--4494 40 TAC sec.sec.298.1, 298.3, 298.5, 298.7, 298.9, 298.11, 298.13, 298.15, 298.17--4451 Part X. Texas Employment Commission 40 TAC sec.301.16--4358 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 19. EDUCATION Part II. Texas Education Agency Chapter 61. School Districts Subchapter AA. Commissioner's Rules County Education Districts 19 TAC sec.61.1041 The Texas Education Agency (TEA) adopts on an emergency basis new sec.61. 1041, concerning military reservation districts. House Bill 2885, amended the Texas Education Code, sec.20.943, to increase the authority of county education districts and allow the commissioner of education to adopt rules relating to the operation and administration of the districts. Under this authority, the commissioner is adopting sec.61.1041 to clarify that military reservation districts or other school districts created under the Texas Education Code that do not receive funds under Tier 1 of the Foundation School Program are not entitled to membership on the County Education District Board. The section also clarifies that these districts cannot be charged for any county education district expenses. The new section is being adopted on an emergency basis to allow county education districts to comply with the new mandated legislation and the commissioner's rules relating to the districts' operation. The new section is adopted on an emergency basis under the Texas Education Code, sec.20.943(e), which provides the commissioner of education with the authority to adopt rules relating to the operation and administration of county education districts. sec.61.1041. Military Reservation Districts.
    Military reservation districts and other school districts created under the Texas Education Code that do not receive funds under Tier 1 of the Foundation School Program are not entitled to membership on the County Education District Board, nor shall these districts be charged for any county education district expenses. Issued in Austin, Texas, on August 2, 1991. TRD-9109441 Lionel R. Meno Commissioner of Education Effective date: August 26, 1991 Expiration date: December 24, 1991 For further information, please call: (512) 463-9701 Chapter 97. Planning and Accreditation Subchapter A. General Provisions 19 TAC sec.97.10 The Texas Education Agency (TEA) adopts on an emergency basis an amendment to sec.97.10, concerning state-operated school districts. Senate Bill 351 changed the ability of the commissioner to suspend the powers of local district trustees for school districts rated academically unaccredited from two years to one year. The amendment modifies the section to reflect this change. The amendment is being adopted on an emergency basis to comply with the requirements of Senate Bill 351 and to implement this requirement before the beginning of the next school year. The amendment is adopted on an emergency basis under the Texas Education Code, sec.21.758, which provides the commissioner of education with the authority to order the suspension of powers of the board of trustees of local school districts. sec.97.10. State-Operated School Districts. (a) The commissioner of education may order the suspension of the powers of the board of trustees of a school district if the school district has been rated academically unaccredited for a period of one year
      [two years]. (b)-(c) (No change.) Issued in Austin, Texas, on July 18, 1991. TRD-9109442 Lionel R. Meno Commissioner of Education Effective date: August 7, 1991 Expiration date: December 5, 1991 For further information, please call: (512) 463-9701 Chapter 141. Teacher Certification The Texas Education Agency (TEA) adopts on an emergency basis amendments to sec.141.2, concerning classes of certificates, and sec.141.421, concerning the teacher testing requirements. House Bill 1679, sec.1, provides that teachers who are hearing impaired, as specified in the Texas Education Code, sec.13.050(d)(1) of that bill, are temporarily exempt from the tests specified in the Texas Education Code, sec.13.032(e) (the Texas Academic Skills Program and the Examination for the Certification of Educators in Texas tests) and in the Texas Education Code, sec.13.316 (the Texas Master Teacher Examination), until the tests can be modified, pilot tested, and determined reliable and valid for these teachers. The amendment designates the procedure for individuals affected by this law to obtain their temporary exempt certificate. The amendment is being adopted on an emergency basis to allow teachers who are hearing impaired to obtain an exemption from testings scheduled for the near future. Subchapter A. Certification of Teachers in General 19 TAC sec.141.2 The amendment is adopted on an emergency basis under House Bill 1679, sec.1, 72nd Legislature, which provides the State Board of Education with the authority to adopt rules regarding the certification of teachers who are hearing impaired. sec.141.2. Classes of Certificates.
        The following provisions concerning classes of certificates shall be in effect. (1)-(4) (No change.) (5) Temporary certificates shall be issued to qualified individuals who meet requirements identified in Subchapter C of this chapter (relating to Texas Certificates for Aliens, Subchapter J of this chapter (relating to Requirements for Issuance of Texas Certificates Based on Certificates and College Credentials from Other States), Subchapter L of this chapter (relating to Certification of Special Service Positions), [or] Subchapter N of this chapter (relating to Emergency Teaching Permits, Special Assignment Permits, and Temporary Classroom Assignment Permits), or Subchapter S of this chapter (relating to Testing Program) for individuals who have a severe hearing impairment.
          The certificate identifies the level, area, and period of validity. Issued in Austin, Texas, on July 18, 1991. TRD-9109453 Lionel R. Meno Commissioner of Education Effective date: August 7, 1991 Expiration date: December 5, 1991 For further information, please call: (512) 463-9701 Subchapter S. Testing Program General Provisions 19 TAC sec.141.421 The amendment is adopted on an emergency basis under House Bill 1679, sec.1, 72nd Legislature, which provides the State Board of Education with the authority to adopt rules regarding the certification of teachers who are hearing impaired. sec.141.121. Testing Requirements. (a)-(f) (No change.) (g) Individuals seeking an exemption under TEC, sec.13.050 must have a report submitted to the Central Education Agency by an audiologist licensed by the State of Texas documenting that the applicant is hearing impaired as defined by TEC, sec.13.050(d)(1). The report from the audiologist must be dated no more than one year from the date of application for the exemption. (h) The report from the audiologist will be valid for purposes of TEC, sec.13.050 for a period not to exceed four years from the date of the application for the exemption. (i) This exemption affects the basic skills test and the certification tests authorized by TEC, sec.13.032(e) and the Texas Master Teacher Examination authorized by TEC, sec.13.316. Issued in Austin, Texas, on July 18, 1991. TRD-9109451 Lionel R. Meno Commissioner of Education Effective date: August 7, 1991 Expiration date: December 5, 1991 For further information, please call: (512) 463-9701 TITLE 28. INSURANCE Part I. State Board of Insurance Chapter 27. State Fire Marshal Subchapter F. Flammable Liquids 28 TAC sec.27.605 The State Board of Insurance adopts on an emergency basis an amendment to sec.27.605, concerning the regulation of the business of storing, handling, or use of flammable liquids at retail service stations and at bulk plants operated in conjunction with retail service stations. Adoption of the amendment on an emergency basis is necessary in order to provide immediate implementation to amendments to the Health and Safety Code, Chapter 753, and to implement recent changes to the National Fire Protection Association (NFPA) Standard Number 30A, pertaining to aboveground storage tanks for flammable liquids at retail service stations. An imminent peril to the public health, safety, and welfare requires adoption of amendment to sec.27.605 on an emergency basis to provide administrative regulation and guidelines for safe storage, handling, and use of flammable liquids regulated by the Health and Safety Code, Chapter 753. Without regulation for safe installation of aboveground tanks, the fire service will have no control over the situation and can be faced with numerous potentially dangerous aboveground tank installations at sites that have direct public access. The amendment provides for adoption by reference of the most recent editions of the adopted NFPA standards pertaining to storage, handling, and use of flammable liquids, including a Tentative Interim Amendment (TIA) adopted by NFPA applying specifically to aboveground storage tanks, and conforms the section to recent amendments to the Health and Safety Code, Chapter 753, enacted by the 72nd Legislature, 1991, in House Bill 531, on an emergency basis, to be effective and in force from and after its passage. The board has filed with the Office of the Secretary of State, Texas Register Section, a copy of the NFPA standards adopted by reference under the amendment. Other copies of these standards are available for inspection at the Office of the State Fire Marshal, Mail Code 205-1A, William P. Hobby State Office Tower Two, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104. The amendment is adopted on an emergency basis under the Texas Insurance Code, Article 1.04, which authorizes the State Board of Insurance to determine and adopt rules in accordance with the laws of this state, and under the Health and Safety Code, Chapter 753, which provides that the board shall adopt rules for the safe storage, handling, and use of flammable liquids at retail service stations. sec.27.605. Adopted Standards.
            The board adopts by reference the following copyrighted standards and recommendations, except to the extent they are in conflict with sections of this subchapter or any Texas statutes or federal law. The standards are published by and are available from the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269: (1) NFPA 30-1990
              [30-1987], Flammable and Combustible Liquids Code; (2) NFPA 30A-1990
                [30A-1987], Automotive and Marine Service Station Code, including the Tentative Interim Amendment (TIA Log Number 312R) adopted by the NFPA in 1991, except for Section 2-4.2 of the Tentative Interim Amendment concerning tank location and capacity. The board expressly adopts the tank capacity limitations of the Health and Safety Code sec.753.004(d) and (e), and the minimum distances for aboveground tanks set forth in the Health and Safety Code, sec.753.004(f).
                  [; and] [(3) NFPA 407-1985, Aircraft Fuel Servicing.] Issued in Austin, Texas, on August 9, 1991. TRD-9109590 Nicholas Murphy Chief Clerk State Board of Insurance Effective date: August 9, 1991 Expiration date: December 7, 1991 For further information, please call: (512) 463-6327 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 16. ECONOMIC REGULATION Part II. Public Utility Commission of Texas Chapter 3. Substantive Rules Customer-Service and Protection 16 TAC sec.23.56 The Public Utility Commission of Texas proposes an amendment to sec.23.56, concerning the components of the dual-party relay service, and the assessment of charges to local exchange carriers (LECs) and other telecommunications utilities. The section provides for the establishment of a statewide telecommunications dual-party relay service for the hearing-impaired and speech-impaired using special equipment such as telecommunications devices for the deaf (TDD), computers, and operator translations. The section is proposed to require that the dual-party relay service provide interstate service until federal regulations regarding interstate relay calling are effective, and to allow interstate service to receive funding through the Universal Service Fund (USF). Furthermore, the section is proposed to revise the assessment of charges to local exchange carriers and other telecommunications utilities. Assessments shall be made based on traffic patterns. Suzi Ray, assistant general counsel, has determined that for the first five-year period the proposed section is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Ray also has determined that for each year of the first five years the proposed section is in effect the public benefit anticipated as a result of enforcing the section will be expansion of the scope of dual-party relay service to encompass interstate calling. Additionally, assessments for the dual-party relay service will be based on traffic patterns, a more equitable method of allocation between LECs and other telecommunications utilities. There will be no effect on small businesses as a result of enforcing this section. The anticipated cost to all users of the telephone network will depend on whether the costs have been passed through in the form of the Universal Service Fund surcharge by the local exchange carrier and other telecommunications utilities from which they receive service. The amount of any such surcharge is not expected to be substantial, and is likely to be in the range of a few cents per month per telephone line. There will be no impact on employment in the geographical areas affected by implementing the requirements of this section. Comments on the proposed amendment (13 copies) may be submitted to Mary Ross McDonald, Secretary, Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Austin, Texas 78757, within 30 days after publication. Comments should refer to Project Number 10511. Parties are asked to comment on what public interest factors, in addition to traffic patterns, should be considered in setting the appropriate assessment percentages for LECs and other telecommunications utilities. The amendment is proposed under Texas Civil Statutes, Article 1446c, sec.96A, which provide the Public Utility Commission of Texas with the authority to make and to enforce rules establishing a statewide telecommunications relay access service for the hearing-impaired and speech-impaired. sec.23.56. Statewide Dual-Party Relay Service. (a)-(c) (No change.) (d) Dual-party relay service. The dual-party relay service shall provide the hearing-impaired and speech-impaired with access to the telecommunications network in Texas equal to that provided other customers. (1) (No change.) (2) Components of the dual-party relay service. The dual-party relay service shall consist of the following: (A)-(I) (No change.) (J) capability for callers to be able to place calls through the dual-party relay service from locations other than the primary location and utilize alternate billing arrangements; [and] (K) capability of providing both inbound and outbound interstate service, until federal guidelines for the provision of interstate relay calling are effective; and (L)
                    [(K)] other service enhancements proposed by the relay service carrier and approved by the commission. [(3) Scope of the dual-party relay service. The dual-party relay service should not duplicate any interstate relay services. However, the dual-party relay service should be capable of accommodating any interstate relay service that may be authorized and funded through federal jurisdiction. Additionally, interstate calling capability service may be offered as a service enhancement by the carrier. Any interstate service offered as a service enhancement cannot be reimbursed through the universal service fund and shall be calculated by the carrier in accordance with Federal Communications Commission Part 36 rules regarding separation of interstate and intrastate costs.] (3)
                      [(4)] Rates and charges. The following rates and charges shall apply to the dual-party relay service. (A)-(B) (No change.) (C) Interstate long distance charges. The rates for interstate service provided to users of the dual-party relay service shall be set by contract between the Commission and the relay service carrier. The calling or the called party shall bear one-half of the total charges established by this contract. (D)
                        [(C)] Access charges. Local exchange carriers shall not impose access charges on calls that make use of this service and which originate and terminate within the same toll-free local calling scope. (E)
                          [(D)] Billing and collection services. Upon request by the relay service carrier, local exchange carriers shall provide billing and collection services in support of this service at just and reasonable rates. (e)-(g) (No change.) (h) Universal Service Fund Assessment. (1) [Division of] Assessment of charges to
                            [between] local exchange carriers (LECs) and other telecommunications utilities. [For the purpose of funding the start-up costs of the relay access service and for the first year of the service, the commission shall require that 55% of the funds shall come from local exchange carriers and that 45% of the funds shall come from all other telecommunications utilities. At the end of the first year of service,] The
                              [the] commission shall set the appropriate assessment percentages for the funding of the service by all telecommunications utilities. In setting the appropriate assessment percentages [after the first year] for funding of the service, the commission shall consider the aggregate calling pattern of the users of the service [and all other factors found appropriate and in the public interest by the commission]. The commission shall review the assessment percentages annually and adjust the assessment percentages as found appropriate hereunder. Notification of the new assessment percentages will be made by publishing such assessment percentages in the Texas Register. The commission staff will notify the Administrator of the Universal Service Fund of the new assessment percentages. (2)-(3) (No change.) (i)-(m) (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 August 8, 1991. TRD-9109498 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Earliest possible date of adoption: September 16, 1991 For further information, please call: (512) 458-0100 TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 33. Investment of the Permanent School Fund 19 TAC sec.33.105 The Texas Education Agency (TEA) proposes an amendment to sec.33.105, concerning the guarantee program for school district bonds. The amendment includes changes made to the guarantee program by House Bill 2885, 72nd Legislature, which allows bonds issued under Texas Civil Statutes, Article 717k, to be included in the guarantee program. The amendment also updates the section to include current policy related to the eligibility of school district bonds. The amendment was adopted on an emergency basis in the July 26, 1991, issue of the Texas Register (16 TexReg 4043). Tom Patton, director of state funding, have determined that for the first five-year period the section is in effect there will be fiscal implications as a result of enforcing or administering the section. There will be no fiscal implications for state government. The effect on local government for the first five-year period will be an indeterminable cost savings. School districts using the guarantee program save the cost of private bonds insurance and some interest costs, since permanent school fund guaranteed bonds generally trade at a better rate than bonds with private bond insurance. Mr. Patton and Criss Cloudt, director for planning coordination, have 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 allowance of additional flexibility in debt insurance and savings on bond transactions for school districts. 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 Criss Cloudt, Planning Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed section submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register. The amendment is proposed under the Texas Education Code, sec.20.904, which provides the commissioner of education with the authority to approve bonds for guarantee by the corpus and income of the permanent school fund. sec.33.105. Guarantee Program for School District Bonds. (a)-(b) (No change.) (c) In accordance with the Texas Education Code, sec.20. 906, the commissioner of education shall investigate the applicant school district with regard to the district's accreditation status and financial status. A district must be accredited and in sound financial status to be eligible for approval by the commissioner of education. (1) The commissioner's review shall include, but need not be limited to, the following: (A)-(B) (No change.) (C) the district's financial status and stability, including, but not limited to, the approval of the bonds by the attorney general under the provisions of the Texas Education Code, sec.20.06 and sec.20. 09(d)
                                [the total amount of any outstanding guaranteed bonds]. (2) Districts which apply for approval for the guarantee of refunding bonds must be accredited and comply with the following
                                  [must demonstrate that the issuance of such bonds will represent a total interest saving to the district]. (A) The district must demonstrate that the issuance of such bonds will represent a total interest saving to the district, if the refunding bonds are to be issued under the authority of the Texas Education Code, sec.20.05. (B) If the refunding bonds do not meet the requirements of subsection (c)(2)(A) of this section, the district must show to the satisfaction of the commissioner of education that the refunding is otherwise beneficial to the district. (3) Districts may issue combination new money bonds and refunding bonds in a single guarantee bond issue and sell said issue at a private sale pursuant to Texas Civil Statutes, Article 717k. (d) (No change.) (e) If, in the judgment of the commissioner of education, it becomes necessary or advisable to place a limitation on the total amount of bonds which may be guaranteed under this program, the commissioner may further investigate the proposed issues submitted for approval. (1) The commissioner shall determine whether to guarantee an issue based on considerations which may include, but need not be limited to, the following: (A)-(C) (No change.) (D) percentage of savings to the district represented by the refunding bonds if any
                                    ; and (E) (No change.) (2) The commissioner may limit approval of the guarantee to those districts which have a bond rating below the "AAA" category by a nationally recognized municipal bond rating service
                                      [in the "A" category or less on the issue proposed for guarantee as determined by one or both of the major rating services (Moody's Investors Service; Standard and Poor's Corporation)]. When a rating is issued by more than one service
                                        [both services], the lower of the two ratings shall be used to determine whether or not the school district is eligible for the guarantee. [(3) The commissioner may limit approval of the guarantee for bond issues to $6 million per district per year, which would be calculated from the date on which the district sells its permanent school fund guaranteed bond to the date on which a subsequent application for guarantee is accepted. At the discretion of the commissioner, the $6 million limit may be applied or waived on a district-by-district basis.] (f)-(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 19, 1991. TRD-9109455 Lionel R. Meno Commissioner of Education Earliest possible date of adoption: September 16, 1991 For further information, please call: (512) 463-9701 Chapter 61. School Districts Subchapter AA. Commissioner's Rules County Education Districts 19 TAC sec.61.1041 (Editor's Note: The Texas Education Agency proposes for permanent adoption the new section it adopts on an emergency basis in this issue. The text of the new section is in the Emergency Rules section of this issue.) The Texas Education Agency (TEA) proposes new sec.61.1041, concerning military reservation districts. The section clarifies that military reservation districts or other school districts created under the Texas Education Code that do not receive funds under Tier 1 of the Foundation School Program are not entitled to membership on the County Education District Board. In addition, these districts cannot be charged for any county education district expenses. The section is being adopted on an emergency basis in this issue of the Texas Register. Kevin O'Hanlon, special counsel, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. O'Hanlon and Criss Cloudt, director for planning coordination, also have 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 a clarification of the requirements relating to military reservation districts and other school districts that do not receive funding under Tier 1 of the Foundation School Program. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Criss Cloudt, Planning Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed section submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register. The new section is proposed under the Texas Education Code, sec.20.943(e), which provides the commissioner of education with the authority to adopt rules relating to the operation and administration of county education districts. 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 August 2, 1991. TRD-9109440 Lionel R. Meno Commissioner of Education Earliest possible date of adoption: September 16, 1991 For further information, please call: (512) 463-9701 Chapter 67. Instructional Resources Subchapter A. State Textbook Program Special Textbooks 19 TAC sec.67.131 The Texas Education Agency (TEA) proposes an amendment to sec.67.131, concerning special textbooks to be made available by the state. The amendment implements legislation included in House Bill 2277, 72nd Legislative Session, pertaining to the production of Braille textbooks. The amendment requires publishers of newly adopted books in literary subjects to provide Braille organizations with appropriate computer diskettes no later than 30 days after adoption of textbooks by the State Board of Education. It also defines the term "literary subjects" as those subjects in which textbooks can be converted into Braille without the use of special music, foreign language, mathematics, science, or computer science Braille codes. Charles E. Mayo, manager, Braille Textbook Program, has determined that for the first five-year period the section is in effect 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 will be in effect will be some initial indeterminable costs for computer diskettes now required on newly adopted books in literary subjects. Braille versions of the textbooks can be developed from the diskettes on a more timely basis and at a savings in cost which is expected to offset the cost of the diskettes within three years. There will be no fiscal implications for local government. Mr. Mayo and Criss Cloudt, director for planning coordination, have 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 availability of newly adopted textbooks on computer diskettes. 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 Criss Cloudt, Planning Coordination, 1701 North Congress Avenue, Austin, Texas, 78701, (512) 463-9701. All requests for a public hearing on the proposed section submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register. The amendment is proposed under the Texas Education Code, sec.12.03, which provides the State Board of Education with the authority to acquire, purchase, or contract for textbooks. sec.67.131. Special Textbooks to be Made Available. (a)-(b) (No change.) (c) Not later than 30 days after the State Board of Education adopts textbooks each publisher of a newly-adopted textbook in a literary subject shall provide computer diskettes produced in ASCII to the Braille-producing organization designated by the Central Education Agency. Literary subjects are defined as those subjects in which textbooks can be converted into Braille without the use of special music. foreign language mathematics science or computer science Braille codes. All information contained in the adopted student edition of a literary-subject textbooks shall be included on the diskette(s). The Central Education Agency shall notify publishers of any additional formatting specifications for diskettes to be used by Braille-producing organizations. (d)
                                          [(c)] All books adopted shall be made available by the state in large type. Specifications for large type textbooks shall be developed by the commissioner of education. Publishers may supply the large type editions themselves or contracts for the production of large type editions may be entered into by the commissioner of education. (e)
                                            [(d)] Gifts of textbooks and instructional materials for the education of the blind tendered by individuals, groups, or school district officials may be accepted by the State Board of Education and shall become state property and subject to the same regulations as like items purchased with state fund. Gift books may be shipped freight collect to the state depository. (f)
                                              [(e)] Copies of student editions and teacher editions of textbooks in Braille and large type needed by a blind or visually handicapped person in carrying out the duties of a teacher in the public schools of this state shall be furnished without cost. The materials are to be loaned to the public school districts as long as needed and are to be returned to the state when they are not longer needed. Textbooks in the medium needed by a blind or visually handicapped teacher may be requisitioned by a textbook custodian after the superintendent of schools has certified to the commissioner of education: (1)-(3) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on July 19, 1991. TRW-9109450 Lionel R. Meno Commissioner of Education Earliest possible date of adoption: September 16, 1991 For further information, please call: (512) 463-9701 Chapter 75. Curriculum Subchapter G. Other Provisions 19 TAC sec.75.174 The Texas Education Agency (TEA) proposes an amendment to sec.75.174, concerning students with dyslexia and related disorders. Subsection (e) of the section does not comport with the requirements of the federal law prohibiting discrimination against persons with handicaps (the Rehabilitation Act, sec.504, 1973). School districts are required by implementing federal regulations to provide a hearing by an impartial hearing officer whose decision can be appealed to the court. Therefore, subsection (e) is being deleted from the section. Kevin O'Hanlon, special counsel, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. O'Hanlon and Criss Cloudt, director for planning coordination, also have determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the assurance that the section is compliance with federal regulations. 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 Criss Cloudt, Planning Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed section submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register. The amendment is proposed under the Rehabilitation Act, s504, 1973, and the Texas Education Code, sec.21.924, which provide the State Board of Education and the Central Education Agency with the authority to develop rules and standards necessary to administer the program for students with dyslexia and related disorders. sec.75.174. Students with Dyslexia and Related Disorders. (a)-(d) (No change.) [(e) A parent who, after pursuing resolution of the matter with the local board of trustees in accordance with its local policy on public complaints, believes the school district in which his or her child is enrolled has not complied with this section, as it pertains to his or her child, may either appeal to the commissioner of education pursuant to the Texas Education Code, sec.11.13(b), or may complain in writing to the Texas Education Agency. In investigation any such complaint, the agency shall determine whether there is substantial evidence for the district's position.] 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 19, 1991. TRD-9109449 Lionel R. Meno Commissioner of Education Earliest possible date of adoption: September 16, 1991 For further information, please call: (512) 463-9701 Chapter 89. Adaptations for Special Populations Subchapter B. Remedial and Compensatory Instructions 19 TAC sec.89.41 The Texas Education Agency (TEA) proposes an amendment to sec.89.41, concerning the definition of remedial and compensatory instruction. Several legislative bills have been enacted that change the fiscal and programmatic requirements of the Texas Education Code, sec.16.152 and sec.21.557. House Bill 2885 amended sec.16.152 of the Code to delete the word "supplemental" and required instead that state compensatory education funds be used to "improve and enhance programs and services funded under the regular education program." The proposed amendment to the section implements these legislative requirements. Madeline D. Manigold, assistant commissioner for special programs funding and compliance, 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. Ms. Manigold and Criss Cloudt, director for planning coordination, also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the implementation of new legislative requirements that require that state compensatory education funds be used to improve and enhance programs and services funded under the regular education program. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Criss Cloudt, Planning Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed section submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register. The amendment is proposed under Texas Education Code, sec.16.152 and sec.21.557, which provides the State Board of Education with the authority to develop rules relating to the compensatory and remedial instruction. sec.89.41. Definition of Remedial and Compensatory Instruction. (a) (No change.) (b) Compensatory funds are to be used to improve and enhance the regular school program so that identified students can achieve success in school and meet the desired student outcomes, such as attaining grade level proficiency, performing satisfactorily on the state assessment instruments, and graduating from school. Special instruction that satisfies basic program requirements may be funded provided it is specifically designed to meet the needs of students identified for these programs and is not a standard approach to courses or subjects currently offered. [(b) Compensatory funds are to be used to provide specifically designed supplementary remedial or compensatory services or programs. Generally, costs charged to the compensatory education allotment would represent only those costs above and beyond the basic program. However, special instruction that satisfies basic program requirements may be funded provided it is specifically designed to meet the needs of students identified for these programs and is not a standard approach to courses or subjects currently offered. During 1990-1991, school districts should transition compensatory and remedial programs as necessary in order to comply fully with these provisions beginning in 1991-1992.] (c) A student eligible to be served by this program is one that meets one or more of the criteria specified in the Texas Education Code, sec.21. 557(b) and (c) or who is identified as at-risk of dropping out of school according to local board policy in accordance with the Texas Education Code, sec.11.205(c), concerning Dropout Reduction Program. (d)
                                                [(c)] Districts may use up to 15% of state compensatory education funds for general administrative costs. (e)
                                                  [(d)] Each school district shall allocate a percentage of the district's state compensatory education funds for remedial and support programs specifically for students at risk of dropping out of school as required in the Texas Education Code, sec.16.152(e), concerning compensatory education allotment. This targeted allotment shall be: (1)-(2) (No change.) (f)
                                                    [(e)] Remedial and support programs and services for students at risk of dropping out of school as determined by subsection (c) of this section shall include: (1)-(4) (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 19, 1991. TRD-9109444 Lionel R. Meno Commissioner of Education Earliest possible date of adoption: September 16, 1991 For further information, please call: (512) 463-9701 Subchapter G. Special Education Clarification of Provisions in Federal Regulations and State Law 19 TAC sec.89.221 The Texas Education Agency (TEA) proposes an amendment to sec.89.221, concerning the admission, review, and dismissal (ARD) committee. The amendment adds language to the subsection governing the 10-day provision granted to parents who disagree with the decision of the ARD committee. The language only changes the section for ARD committees convened for the purpose of making disciplinary decisions under 19 TAC sec.133.28, relating to the discipline of students with handicaps, to prevent a student who presents a danger of welfare to the student or other individuals, from returning to school during the 10-day recess. Gene Lenz, director of programs I, has determined that for the first five-year period the section is in effect there will be fiscal implications for local government as a result of enforcing or administering the section. The effect on local government for the first five-year period will be a small indeterminable cost savings if the amendment leads to fewer ARD committee meetings. There will be no fiscal implications for state government. Mr. Lenz and Criss Cloudt, director for planning coordination, also have 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 student who presents a danger of welfare to the student or other individuals from returning to school during the 10-day ARD committee recess. 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 Criss Cloudt, Planning Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed section submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register. The amendment is proposed under the Texas Education Code, sec.21.5041, which provides the State Board of Education with the authority to develop by rule alternate methods for ARD committees to develop an individualized education program. sec.89.221. The Admission, Review, and Dismissal (ARD) Committee. (a)-(g) (No change.) (h) All members of the ARD committee shall have the opportunity to participate in a collaborative manner in developing the IEP. Decision of the committee, concerning required elements of the IEP, shall be made by mutual agreement of the required members if possible. The committee may agree to an annual IEP or an IEP of shorter duration. (1) When mutual agreement about all required elements of the IEP is not achieved, the parent(s) or adult student who disagree(s) shall be offered a single opportunity to have the committee recess for a period of time not to exceed 10 school days. This recess is not required when the student's presence on the campus presents a danger of physical harm to the student or others; or when the student has committed an expellable offense. (2)-(7) (No change.) (i) (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 19, 1991. TRD-9109448 Lionel R. Meno Commissioner of Education Earliest possible date of adoption: September 16, 1991 For further information, please call: (512) 463-9701 19 TAC sec.89.233 The Texas Education Agency (TEA) proposes an amendment to sec.89.233, concerning comprehensive individual assessment. The amendment implements legislation included in House Bill 2885, sec.62, 72nd Legislature, 1991, that deletes the requirement for an assessment of an individual's intellectual functioning unless the assessment is required to establish eligibility for special education services. The amendment also deletes the requirement for a State Board of Education list of approved assessment instruments. Gene Lenz, director of programs I, has determined that for the first five-year period the section is in effect there will be fiscal implications for state and local government as a result of enforcing or administering the section. The effect on state government for the first five-year period the section is in effect is a small indeterminable cost saving because intelligence tests will no longer have to be approved by the State Board of Education. The effect on local government for the first five-year period the section is in effect is a small indeterminable cost saving because fewer students will need to be given an intelligence test. Mr. Lenz and Criss Cloudt, director for planning coordination, also have determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the implementation of new legislative requirements associated with special 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 section as proposed. Comments on the proposal may be submitted to Criss Cloudt, Planning Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed section submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register. The amendment is proposed under the Texas Education Code, sec.21.911, as amended by House Bill 2885, sec.62, 72nd Legislature, 1991, which provides the State Board of Education with the authority to develop rules relating to testing pupils for assignment to special education classes. sec.89.233. Comprehensive Individual Assessment. (a)-(c) (No change.) (d) Areas to be considered. Assessment of physical, mental, and emotional conditions must include a consideration of the student's functioning in the following six areas: language dominance, language, physical, emotional/behavioral, sociological, and intellectual. The professional responsible for assessing each area shall make professional judgments regarding the degree to which the assessment in each area is necessary. Specific eligibility criteria for the handicapping condition in question should indicate the minimum intensity of assessment needed in each area, but all six areas must be addressed in the written report to the admission, review, and dismissal committee. (1)-(5) (No change.) (6) Intellectual. The assessment of an individual's intellectual functioning [must include an assessment of verbal ability or performance or both. While the] and
                                                      adaptive behavior [of all students] must be considered to some degree;
                                                        [degree,] however,
                                                          formal measures [of adaptive behavior] shall be required only when they are necessary to establish eligibility for service in accordance with sec.89.211 of this title (relating to Eligibility Criteria).
                                                            [a student is being assessed for mental retardation.] Intellectual functioning should be the last factor assessed, since the student's performance in this area should be analyzed and interpreted in light of all the other data. [Assessment instruments must be selected from the list of instruments approved by the State Board of Education.] (e)-(g) (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 19, 1991. TRD-9109447 Lionel R. Meno Commissioner of Education Earliest possible date of adoption: September 16, 1991 For further information, please call: (512) 463-9701 19 TAC sec.89.243 (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 Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Education Agency (TEA) proposes the repeal of and new sec.89.243, concerning the provision of services for students residing in intermediate care facilities for the mentally retarded (ICF-MR) in Texas. The new section implements a new memorandum of understanding between the agency and the Texas Department of Human Services that establishes the respective responsibility of school districts and ICF-MR facilities for the provision of classrooms and educationally related therapy for students who reside in those facilities. The previous memorandum of understanding is being repealed. Kenneth Crow, director for the division of interagency coordination, has determined that for the first five-year period the repeal and new section are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal and new section. Mr. Crow and Criss Cloudt, director for planning coordination, have determined that for each of the first five years the repeal and new section are in effect the public benefit anticipated as a result of enforcing the repeal and new section will be the clarification of agency responsibilities for the provision of classrooms and educationally related therapy for students who reside in ICF-MR facilities. Comments on the proposal may be submitted to Criss Cloudt, Planning Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed sections submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the sections has been published in the Texas Register. The repeal is proposed under the Texas Education Code, s21.508, which provides the Central Education Agency with the authority to develop a memorandum of understanding with the Texas Department of Human Services for the provision of classrooms and educationally related therapy for students residing in ICF-MR facilities. sec.89.243. Provision of Services for Students Residing in Intermediate Care Facilities for the Mentally Retarded in Texas. 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 19, 1991. TRD-9109445 Lionel R. Meno Commissioner of Education Earliest possible date of adoption: September 16, 1991 For further information, please call: (512) 463-9701 The new section is proposed under the Texas Education Code, sec.21.508, which provides the Central Education Agency with the authority to develop a memorandum of understanding with the Texas Department of Human Services for the provision of classrooms and educationally related therapy for students residing in ICF-MR facilities. sec.89.243. Memorandum of Understanding Relating to School-Age Residents of Intermediate Care Facilities for the Mentally Retarded. (a) Purpose. (1) The Texas Department of Human Services (department) and the Central Education Agency (agency) are required by the Texas Education Code, sec.21.508, as adopted by the 71st Texas Legislature, to develop and each by rule to adopt a memorandum of understanding relating to certain respective responsibilities of school districts and intermediate care facilities for the mentally retarded (ICF-MR). School-age individuals residing in an ICF-MR are, for purposes of education, residents of the school district in which the ICF-MR is located. (2) The purpose of this memorandum is to clarify responsibilities for the provision of educational space, educationally related services, and noneducational treatment services for school-age individuals who reside in those facilities. The department and the agency assure that the responsibilities contained herein are consistent with state and federal law and rules and regulations relating to the state medical assistance program and the education of all students with disabilities. (b) Provision of educational space. (1) Each school district in which an ICF-MR is located shall ensure that all school-age residents of the ICF-MR are provided free appropriate public education in the least restrictive environment pursuant to 34 Code of Federal Regulations (CFR), sec.sec.300.500-300.554 inclusive. The decision as to the least restrictive educational arrangement for such a resident must be based on the individual's needs and cannot be based on other issues, such as the most convenient arrangement for the ICF-MR and/or the school district. (2) If the school district's admission, review, and dismissal committee determines in accordance with these applicable federal regulations that the ICF-MR is the least restrictive instructional arrangement for an ICF-MR resident and the committee documents in the resident's individual educational plan, that such an educational arrangement is consistent with the resident's medical and active treatment needs the following provisions shall apply: (A) the ICF-MR is responsible for providing adequate educational space; (B) the costs of providing this educational space including the costs related directly to the operation and maintenance of the educational space itself, are an allowable Medicaid expense and may be reported as such on the ICF-MR's Medicaid cost report; and (C) the ICF-MR shall not charge the school district for any of the costs set forth in this section. Any such charge would constitute an illegal supplementation of the Medicaid vendor rate. (c) Provision of educationally related services and noneducational treatment services. (1) School-age individuals placed in an ICF-MR by any party other than a school district are deemed to be placed primarily for care and treatment purposes. The ICF-MR shall determine the individual's care and treatment needs prior to the determination of the individual's educational needs by the school district. (2) Pursuant to 34 CFR, sec.300.601 and sec.483.440: (A) an ICF-MR shall not reduce or fail to provide treatment services solely because such services are or may be included in a school-age resident's individual educational plan; and (B) a school district shall not reduce or fail to provide educationally related services solely because such services are or may be included in a school-age resident's individual program plan. (3) Upon notice of a student's initial admission to the ICF-MR, the school district shall act pursuant to sec.89.221(e) of this title (relating to the Admission, Review, and Dismissal (ARD) Committee). (4) The ICF-MR shall act pursuant to 42 CFR, sec.483.440 and provide a copy of each school-age resident's current assessment report(s) and individual program plan to the school district. (5) Upon receipt of the ICF-MR's assessment reports and individual program plan and with any additional data the district has collected, the district's admission, review, and dismissal committee shall review and update the student's individual educational plan as appropriate. (d) Coordination of services. (1) To ensure the provision of appropriate services and to eliminate or minimize duplication of services, the ICF-MR and the school district shall share all appropriate client/student records pursuant to the rules and regulations of the department and the agency relating to the protection of confidential information. (2) The ICF-MR and school district shall each ensure that respective representatives are allowed to attend and participate as resource persons in all individual program plan meetings and admission, review and dismissal committee meetings. (3) In accordance with their respective responsibilities as addressed in this memorandum of understanding, the ICF-MR and the school district shall enter into a written agreement concerning ongoing functions and services. The agreement must contain procedures for resolving problems in a timely manner and must contain the names of the respective contact persons to which problems should be addressed. Such agreements-shall be consistent with state and federal laws, rules, and regulations relating to the state medical assistance program and the education of all students with disabilities program and shall be binding upon both parties. (e) Resolution of problems. (1) In the event that a problem cannot be resolved at the local level to the mutual satisfaction of either party, a written request for technical assistance may be submitted to the appropriate state agency. (A) The ICF-MR should send the request to: Institutional Policy Unit, W-519, Long Term Care Department, Texas Department of Human Services, P.O. Box 149030, Austin, Texas 78714-9030. (B) The school district should send the request to: Texas Education Agency, Division of Special Education Programs, 1701 North Congress Avenue, Austin, Texas 78701-1494. (2) Upon receipt of a request for technical assistance, the department and the agency will jointly review the problem(s) indicated in the request. Following this review, a recommended resolution, coordinated between the department and the agency, will be provided to the requestor. (3) Concerns by either the ICF-MR or the school district concerning the appropriateness of care, treatment, or education services are subject to the procedural safeguards (client/student rights) as established for school-age individuals served by an ICF-MR and a school district respectively, procedural safeguards-relating to an ICF-MR are contained in state regulations found at 40 TAC 27.507(b) (relating to Level of Care Determination) and 27.717 (relating to Abuse and Neglect Reporting Requirements). Procedural safeguards relating to a school district are contained in the publication, Special Education: Parent and Student Rights
                                                              , Publication Number GE0 312.02. (f) Terms of the memorandum of understanding. (1) This memorandum of understanding shall be adopted by rule by the department and the agency and shall be effective upon adoption. (2) The memorandum may be considered for expansion, modification, or amendment at any time upon the mutual agreement of the executive officers of the department and the agency. (3) In the event that federal and/or state laws or regulations should be amended, federally interpreted, or judicially interpreted so as to render continued fulfillment of this agreement unreasonable or impossible, the department and the agency agree to amend or terminate this agreement. (4) The memorandum shall be reviewed jointly and, if necessary, updated prior to the close of each fiscal year. 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 19, 1991. TRD-9109446 Lionel R. Meno Commissioner of Education Earliest possible date of adoption: September 16, 1991 For further information, please call: (512) 463-9701 Chapter 97. Planning and Accreditation Subchapter A. General Provisions 19 TAC sec.97.10 (Editor's Note: The Texas Education Agency proposes for permanent adoption the amended section it adopts on an emergency basis in this issue. The text of the amended section is in the Emergency Rules section of this issue.) The Texas Education Agency (TEA) proposes an amendment to sec.97.10, concerning state-operated school districts. Senate Bill 351 changed the ability of the commissioner to suspend the powers of local district trustees for school districts rated academically unaccredited from two years to one year. The amendment modifies the section to reflect this change. The amendment is being adopted on an emergency basis in a separate submission. Pat Whelan, attorney, has determined that for the first five-year period the section is in effect 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 indeterminable and will vary because the determination will be influenced by the size of the school district, extent of remedial action required, contracted salaries and liabilities, and other factors. The effect on local government for the first five-year period the section is in effect will also be indeterminable because the section allows the commissioner the flexibility to appoint any management team, including the previous board, to oversee the rehabilitation of the school district. Mr. Whelan and Criss Cloudt, director for planning coordination, also have determined that for the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be a reduction in the amount of time that the powers of local district trustees may be suspended when a district is rated academically unaccredited. 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 Criss Cloudt, Planning Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed section submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register. The amendment is proposed under the Texas Education Code, sec.21.758, which provides the commissioner of education with the authority to order the suspension of powers of the board of trustees of local school districts. 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 18, 1991. TRD-9109443 Lionel R. Meno Commissioner of Education Earliest possible date of adoption: September 16, 1991 For further information, please call: (512) 463-9701 Chapter 141. Teacher Certification (Editor's Note: The Texas Education Agency proposes for permanent adoption the amended section it adopts on an emergency basis in this issue. The text of the amended section is in the Emergency Rules section of this issue.) The Texas Education Agency proposes amendments to sec.141.2, concerning classes of certificates, and sec.141.421, concerning the teacher testing requirements. House Bill 1679, sec.1, provides that teachers who are hearing impaired, as specified in the Teacher Education Code, sec.13.050(d)(1) of that bill, are temporarily exempt from the tests specified in the Texas Education Code, sec.13.032(e) (the Texas Academic Skills Program and the Examination for the Certification of Educators in Texas tests) and in the Texas Education Code, sec.13.316 (the Texas Master Teacher Examination), until the tests can be modified, pilot tested, and determined reliable and valid for these teachers. The amendments designate the procedure for individuals affected by this law to obtain their temporary exempt certificate. The amendments are being adopted on an emergency basis in a separate submission. Marvin Veselka, assistant commissioner for assessment, 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. Veselka and Criss Cloudt, director for planning coordination, have 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 that teachers who are hearing impaired may be exempted from the specified teacher certification tests until the tests can be reliable and valid for these teachers. 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 Criss Cloudt, Planning Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed sections submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register. Subchapter A. Certification on Teachers in General 19 TAC sec.141.2 The amendment is proposed under House Bill 1679, sec.1, 72nd Legislature, which provides the State Board of Education with the authority to adopt rules regarding the certification of teachers who are hearing impaired. 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 18, 1991. TRD-9109454 Lionel R. Meno Commissioner of Education Earliest possible date of adoption: September 16, 1991 For further information, please call: (512) 463-9701 Subchapter S. Testing Program General Provisions 19 TAC sec.141.421 (Editor's Note: The Texas Education Agency proposes for permanent adoption the amended section it adopts on an emergency basis in this issue. The text of the amended section is in the Emergency Rules section of this issue.) The amendment is proposed under House Bill 1679, sec.1, 72nd Legislature, which provides the State Board of Education with the authority to adopt rules regarding the certification of teachers who are hearing impaired. 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 18, 1991. TRD-9109452 Lionel R. Meno Commissioner of Education Earliest possible date of adoption: September 16, 1991 For further information, please call: (512) 463-9701 TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 164. Workers' Health and Safety-Extra Hazardous Employer Program 28 TAC sec.164.8, sec.164.13 The Texas Workers' Compensation Commission proposes new s164.8 and sec.164. 13, concerning the program the Health and Safety Division of the Commission will operate to identify, and counsel, extra-hazardous employers, as that program is described in the Texas Workers' Compensation Act (the Act), Article 8308, sec.7. 04. The sections are necessary to describe the procedure for continuing to classify an employer as an extra-hazardous employer who continues to substantially exceed the injury frequency that may be expected or who has failed or refused to implement an accident prevention plan and the actions which must be taken to be removed from this status, and to further define the applicability of Chapter 164 of this title, having to do with the extra-hazardous employers program. Proposed sec.164.8 requires that the employer remain on extra-hazardous status if the division finds during the follow-up inspection that the employer failed or refused to implement the accident prevention plan or other suitable hazard abatement measures. The employer is required to take the actions specified in the follow-up inspection report or other suitable measures as a condition of removal from extra-hazardous employer status. The employer is required to file a progress report every 60 days until removal from extra-hazardous employer status. The report must include the areas of the plan identified as not being fully implemented at the time of the inspection, additional problem areas identified in the inspection report, and the steps being taken to address them. The proposed section requires the employer to notify the division and request a reinspection after the corrective actions have been taken. The request for reinspection shall be made no later than six months after the date of the follow-up inspection. The inspection shall be done no later than 30 days after receiving a request to reinspect. If the employer is removed from extra-hazardous employer status, any penalties imposed shall he terminated retroactive to the date the reinspection was requested. The section further allows the employer to request a hearing to contest continuation on extra-hazardous employer status. Proposed sec.164.13 outlines how the Chapter 164 sections will be applied. The section defines the applicability of the Act for calendar year 1991-1993, and thereafter. This clarification is necessary because the Texas Workers' Compensation Act, Article 7, which relates to Workers' Health and Safety, contains certain phase-in provisions, in Article 8308-7.01(d), which apply provisions of that article, including the extra-hazardous employers program, to more employers each calendar year, depending upon the size of the employer. Further, those provisions apply to an employer who obtains workers' compensation insurance coverage, so it is necessary to interpret, by rule, how the extra-hazardous provisions would be applied to an employer who drops coverage while on the program. Drew Thigpen, manager of fiscal management, 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. There is no anticipated impact on employment, locally or statewide, as a result of implementing the sections. Mr. Thigpen also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be the implementation of the Texas Workers' Compensation Act adopted by recent legislation, specifically the extra-hazardous employers safety program. There will be no effect on small businesses. There is no anticipated additional economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Susan M. Kelley, General Counsel, Texas Workers' Compensation Commission, 4000 South IH-35, Austin, Texas 78704. Comments will be accepted for 30 days after publication of this proposal in the Texas Register. The new sections are proposed under the Texas Workers' Compensation Act, Texas Civil Statutes, Article 8308-2.09(a), which authorizes the commission to adopt rules necessary to implement and enforce the Act, and Article 8308-7.04(a), which authorizes the division of health and safety of the commission to develop a program to identify extra-hazardous employers, as that term is defined therein. sec.164.8. Continuation of Extra-Hazardous Employer Status. (a) An employer shall remain on extra-hazardous employer status if the employer is found under sec.164.5 of this title (relating to Follow-up Inspection by the Division) to have failed or refused to implement an accident prevention plan or other suitable hazard abatement measures as approved by the division. (b) If the employer has complied with the accident prevention plan but continues to substantially exceed the injury frequency that may be expected in that employer's business or industry, the employer will be continued on extra-hazardous employer status. For purposes of continuing an employer on extra-hazardous employer status, substantially exceeds is defined as: "the employer's critical injuries, 'C', as used in the Poisson probability distribution calculation, for extra-hazard employers." Refer to sec.164.1 of this title (relating to Criteria for Identifying Extra-Hazardous Employers). Determining continuation on extra-hazardous employer status will be based on injury data from the most recent 12 months period for which data is available. (c) If an employer is not certified for removal from extra-hazardous employer status after the follow-up inspection, the employer shall take the actions specified in the follow-up inspection report, or other suitable hazard abatement measures as approved by the division, as a condition of removal from extra-hazardous employer status. (d) An employer shall file a progress report with the division every 60 days until the employer has been removed from extra-hazardous employer status. The report shall include: (1) for subsection (a) of this section only, the list of areas of the accident prevention plan which were identified as not being fully implemented at the time of the follow-up inspection; (2) additional areas identified in the follow-up inspection report; and (3) the steps which are being taken to address them. (e) After the required corrective actions have been taken, the employer shall notify the division and request a reinspection. The request for reinspection shall be made no later than six months after the date of the follow-up inspection. (f) The division shall reinspect the employer as soon as practical and no later than 30 days after receiving a request to reinspect. (g) An employer may request a hearing to contest the finding of continuation on extra-hazardous employer status as provided by Chapter 145 of this title (relating to Dispute Resolution-Hearings Under the Administrative Procedure and Texas Register Act). sec.164.13. Applicability. (a) During the calendar year 1991, this chapter applies to every employer who has workers' compensation insurance coverage to the extent that any finding as to extra-hazardous employer status made during such coverage shall continue even if such coverage is terminated, until such status is removed pursuant to this chapter. (b) During the calendar year 1992, this chapter applies to every employer who has workers' compensation insurance coverage to the extent that any finding as to extra-hazardous employer status made during such coverage shall continue, even if such coverage is terminated, until such status is removed pursuant to this chapter. In addition, this chapter applies to every employer who is not required to have such coverage and does not have such coverage and employs 150 or more nonexempt employees. (c) During the calendar year 1993, this chapter applies to every employer who has workers' compensation insurance coverage to the extent that any finding as to extra-hazardous employer status made during such coverage shall continue, even if such coverage is terminated, until such status is removed pursuant to this chapter. In addition, this chapter applies to every employer who is not required to have such coverage and does not have such coverage and employs 50 or more nonexempt employees. (d) After calendar year 1993, this chapter applies to every employer who has workers' compensation insurance coverage to the extent that any finding as to extra-hazardous employer status made during such coverage shall continue, even if such coverage is terminated, until such status is removed pursuant to this chapter. In addition, this chapter applies to every employer who is not required to have such coverage and does not have such coverage and employs five or more non-exempt employees. 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 August 12, 1991. TRD-9109627 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Earliest possible date of adoption: September 16, 1991 For further information, please call: (512) 440-3972 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 79. Legal Services Subchapter Q. Contract Appeals 40 TAC sec.79.1611, sec.79.1612 The Texas Department of Human Services (DHS) proposes amendments to sec.79. 1611 and sec.79.1612, concerning prehearing procedure and evidence and depositions in its Legal Services chapter. The purpose of the amendments is to make procedural changes to DHS's rules concerning depositions to perpetuate testimony and taking testimony using telephonic means. 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 government 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 clarified procedures necessary to enable DHS to more efficiently prosecute cases involving abuse of public assistance 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. 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.79.1611. 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.79.1612. Evidence and Depositions. (a) Rules of evidence. (1)-(3) (No change.) (4) The Texas Department of Human Services (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 August 8, 1991. TRD-9109476 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 Withdrawn Sections An agency may withdraw proposed action or the remaining effectiveness of emergency action on a section by filing a notice of withdrawal with the Texas Register. The notice is effective immediately upon filling or 20 days after filing. If a proposal is not adopted or withdrawn six months after the date of publication in the Texas Register, it will automatically be withdrawn by the office of the Texas Register and a notice of the withdrawal will appear in the Texas Register . TITLE 28. INSURANCE Part II. Texas Workers' Compensation Chapter 164. Workers' Health and Safety-Extra Hazardous Employer Program 28 TAC sec.164.8, sec.164.13 The Texas Workers' Compensation Commission has withdrawn from consideration for permanent adoption proposed new sec.164.8, sec.164.13, which appeared in the May 21, 1991, issue of the Texas Register (16 TexReg 2819). The effective date of this withdrawal is August 12, 1991. Issued in Austin, Texas, on August 12, 1991. TRD-9109628 Patricia J. Schnautz Staff Services Assistant Texas Workers' Compensation Commission Effective date: August 12, 1991 For further information, please call: (512) 440-3972 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 87. Treatment Other Programs 37 TAC sec.87.53 The Texas Youth Commission has withdrawn from consideration for permanent adoption a proposed repeal of sec.87.53, which appeared in the July 12, 1991, issue of the Texas Register (16 TexReg 3847). The effective date of this withdrawal is August 9, 1991. Issued in Austin, Texas, on August 9, 1991. TRD-9109586 Gail Graham Policy and Manuals Coordinator Texas Youth Commission Effective date: August 9, 1991 For further information, please call: (512) 483-5244 The Texas Youth Commission has withdrawn from consideration for permanent adoption a proposed new sec.87.53, which appeared in the July 12, 1991, issue of the Texas Register (16 TexReg 3846). The effective date of this withdrawal is August 9, 1991. Issued in Austin, Texas, on August 9, 1991. TRD-9109585 Gail Graham Policy and Manuals Coordinator Texas Youth Commission Effective date: August 9, 1991 For further information, please call: (512) 483-5244 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part IX. Texas Department on Aging Chapter 298. Homemaker II/Home Health Aide Service Standards Statutes and Regulations 40 TAC sec.sec.298.1, 298.3, 298.5, 298.7, 298.11, 298.13, 298.15, 298.17 Pursuant to Texas Civil Statutes, Article 6252-13, sec.5(b), and 1 TAC sec.91. 24(b), the proposed new sec.sec.298.1, 298.3, 298.5, 298.7, 298.11, 298.13, 298.15, and 298.17, were submitted by the Texas Department on Aging has been automatically withdrawn, effective August 9, 1991. The new sec.sec.298.1, 298.3, 298. 5, 298.7, 298.11, 298.13, 298.15, and 298.17 as proposed appeared in the February 8, 1991 issue of the Texas Register (16 TexReg 763). TRD-9109662 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 19. EDUCATION Part I. Texas Higher Education Coordinating Board Chapter 5. Program Development Subchapter H. Approval of Off-Campus and Out-of-District Instruction for Public Colleges and Universities 19 TAC sec.5.154 The Texas Higher Education Coordinating Board adopts an amendment to sec.5. 154, concerning program development, without changes to the proposed text as published in the May 24, 1991, issue of the Texas Register (16 TexReg 2859). The amendment will provide an effective means to coordinate the delivery of programs and services to provide access to programs and minimize duplication consistent with each institution's role and mission. Clarification of existing rules will provide a prompt response to interested communities desiring services while involving the Coordinating Board at the beginning of the process to expedite coordination of services with the appropriate educational provider consistent with its role and mission. The amendment clarifies that it is the responsibility of each institution, when contacted, to notify the Coordinating Board which will assist in arranging for educational services from the appropriate institution(s). No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, Texas Civil Statutes, sec.61.027 and sec.130.001, which provides the Coordinating Board with the authority to adopt rules regarding criteria and procedures for considering lower-division courses proposed off-campus by senior institutions and out-of-district by community junior colleges and technical institutions. 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 August 2, 1991. TRD-9109465 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: August 29, 1991 Proposal publication date: May 24, 1991 For further information, please call: (512) 483-6160 Chapter 17. Campus Planning and Physical Facilities Development Subchapter A. Criteria for Approval of New Construction and Major Repair and Rehabilitation 19 TAC sec.17.24 The Texas Higher Education Coordinating Board adopts an amendment to sec.17. 24, without changes to the proposed text as published in the May 24, 1991, issue of the Texas Register (16 TexReg 2862). The amendment to the rule will incorporate a policy on new construction and deferred maintenance. The amendment will make an institution's record of reducing its deferred maintenance and its plans to reduce deferred maintenance part of the board's criteria for approval of new construction of educational and general space. All of the commenters concurred with the need for a policy on deferred maintenance. Several comments were that a 15% annual reduction was too high. Several commenters voiced concern that the rule should permit the board under exceptional circumstances to approve new construction even though the deferred maintenance criteria have not been met. Some commenters mentioned that the policy might result in under-reporting of deferred maintenance by institution. Commenters in favor of adopting the sections as proposed were: UT-Health Science Center-Houston, Texas A&M University, Texas A&I University, Texas A&M University-Galveston, University of North Texas, UT-Austin, Stephen F. Austin State University, and UT System Office. The Agency did not disagree with comments and there were some changes made to the rules as a result of the comments. The amendment is adopted under the Texas Education Code, Texas Civil Statutes, sec.61.0582 and sec.61.058, which provides the Coordinating Board with the authority to adopt rules regarding new construction. sec.17.24. New Construction. (a) Coordinating Board approval for new construction financed from any source shall be limited to projects the total cost of which is in excess of $300,000. (b) In addition to other criteria that may be used by the board, its approval of new construction of educational and general space will adhere to the following principles and procedures. (1) Each institution must establish a plan to reduce by at least 15% its total deferred maintenance each year based on the total projected cost for correcting deferred maintenance as included in its master plan to be filed by October 15, 1991. The plan should indicate the amount and source of funds to be allocated for each deferred maintenance item. (2) Total deferred maintenance is defined as maintenance projects from prior years and the current year that were not carried out because of lower priority status than those funded within available resources. Deferred maintenance includes "postponed renewal and replacement maintenance" and "unperformed unscheduled major maintenance," as these terms are used by the National Association of College and University Business Officers and the Association of Physical Plant Administrators. (3) The Coordinating Board will not approve new construction at any institution which has not established a deferred maintenance plan as described in paragraph (1) of this subsection by October 15, 1991. The board will not approve new construction at any institution that does not reduce its total deferred maintenance as included in its master plan update for October 15, 1991, by at least 15% of the 1991 total in each successive year. For a particular project, the board may waive the requirements of this section upon a determination by the board that the effective and efficient management of physical plants requires a waiver. (4) As a part of the October 15th update each year, an explanatory report of the deferred maintenance needs met during the previous year will be included covering both the work that was done and the cost of each project. 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 August 2, 1991 TRD-9109464 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: August 29, 1991 Proposal publication date: May 24, 1991 For further information, please call: (512) 483-6160 Chapter 21. Student Services Subchapter C. Hinson-Hazlewood College Student Loan Program For All Loans Which Are Subject to the Provisions of the Guaranteed Student Loan Program, the College Access Loan Program, the Health Education Assistance Loan Program, and the Health Education Loan Program 19 TAC sec.21.60 The Texas Higher Education Coordinating Board adopts an amendment to sec.21. 60, without changes to the proposed text as published in the May 24, 1991, issue of the Texas Register (16 TexReg 2862). The proposed amendment to the rule is needed to bring the loan program into compliance with a federal requirement which provides that the federal guarantee is lost on loans for which the loan check or warrant has not cleared within 120 days from issue. The state comptroller has advised that adoption of a rule on the matter will empower that office to restrict the time for the warrant's clearance. The amendment will bring the loan program into compliance with a federal requirement which provides that the federal guarantee is lost on loans for which the loan check or warrant has not cleared within 120 days from issue. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, Texas Civil Statutes, sec.61.027 and sec.61.229, which provides the Coordinating Board with the authority to adopt rules regarding the Hinson-Hazlewood College Student Loan Program. 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 August 2, 1991 TRD-9109463 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: August 29, 1991 Proposal publication date: May 24, 1991 For further information, please call: (512) 483-6160 Subchapter F. Tuition Equalization Grants Program 19 TAC sec.21.123 The Texas Higher Education Coordinating Board adopts an amendment to sec.21. 123, without changes to the proposed text as published in the May 24, 1991, issue of the Texas Register (16 TexReg 2862). The amendment to the rule clarifies the definition of institutions of higher education which are eligible to participate in the Tuition Equalization Grant Program. The amendment will provide further clarification of the definition of institutions of higher education which are eligible to participate in the Tuition Equalization Grant Program. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, Texas Civil Statutes, sec.61.027 and sec.52.54, which provides the Coordinating Board with the authority to adopt rules regarding the Tuition Equalization Grant Program. 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 August 2, 1991 TRD-9109462 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: August 29, 1991 Proposal publication date: May 24, 1991 For further information, please call: (512) 483-6160 TITLE 22. EXAMINING BOARDS Part XIV. Texas Optometry Board Chapter 280. Therapeutic Optometry 22 TAC sec.sec.280.1-280.6 The Texas Optometry Board adopts new sec.sec.280.1-280.6, concerning therapeutic optometry authorized by Senate Bill 774, 72nd Legislature. Sections 280.1, 280.2, and 280.6 are adopted with changes to the proposed text as published in the June 25, 1991, issue of the Texas Register (16 TexReg 3393). Sections 280.3-280.5 are adopted without changes and will not be republished. The rules are necessary in order to implement Senate Bill 774, requiring changes to the Texas Optometry Act. The statutes and rules authorize the use of pharmaceutical drugs by a certified optometrist, and the rules establish the required education, application and certification processes, certification examination, and establish procedures for an advisory committee authorized by the legislation. The rules set forth all procedures to be followed by licensees in becoming certified; establish criteria for required education to be followed by accredited institutions; and fully inform the public and licensees of the certification processes to assure the safety and welfare of patients. Majority of comments concerned the required education established by the rules, as well as advertising and housecleaning changes. Sections 280.1-280.6 were required to be adopted in compliance with Senate Bill 774, 72nd Legislature and the Texas Optometry Act, effective September 1, 1991. Two groups offered comments on the rule. The Texas Optometric Association, Inc. spoke in favor of the proposed rules; the Texas Association of Optometrists, Inc. offered written proposed changes which were either adopted by the Board or withdrawn by the association. The only additional substantive proposal offered by other interested individuals was that some optometrists be grandfathered from the educational requirements of sec.280.2. This proposal was rejected by the board because it was contrary to the intent of the legislation. The new sections are adopted under Texas Civil Statutes, Article 4552, sec.2. 14, which provide the Texas Optometry Board with the authority to promulgate and substantive rules. sec.280.1. Application for Certification. (a) To be certified to administer and prescribe ophthalmic devices, over-the-counter oral medications, and topical ocular pharmaceutical agents, other than antiviral agents and antiglaucoma agents, for the purpose of diagnosing and treating visual defects, abnormal conditions and diseases of the human eye and adnexa, and to be able to remove superficial foreign matter and eyelashes from the external eye or adnexa, a licensed optometrist must submit a completed application on forms provided by the Texas Optometry Board (board). After September 1, 1992, all applicants for initial licensure in Texas must be licensed as therapeutic optometrists in order to practice optometry in Texas. (b) A licensed optometrist who is not certified as a therapeutic optometrist may only use topical ocular pharmaceutical agents for the purpose of ascertaining and measuring the powers of vision of the human eye, examining and diagnosing visual defects, abnormal conditions, and diseases of the human eye and adnexa, and fitting lenses or prisms to correct or remedy any defect or abnormal condition of vision. (c) An application for certification must be completed by the applicant, signed and notarized and forwarded to the board along with an application fee of $55. Proof of the required education as set forth in sec.280.2 of this title (relating to Required Education) must accompany the application form. (d) Once the board has approved the application and required education, and has received successful examination results, the optometrist will be notified, and a certification fee of $25 must be submitted prior to the issuance of the certificate to practice as a therapeutic optometrist. The certificate must be displayed along with the initial license in a conspicuous place in the principal office where the optometrist practices. (e) Designation of authority as a certified therapeutic optometrist will appear along with the optometrist's license number in the format of the license numbers followed by the letter "T". Such designation must appear whenever the license number is required under board statutes or board rules. (f) In the event the original certification is lost or destroyed, the board may issue a duplicate certificate; the person entitled thereto must make written application to the board for a duplicate, under affidavit setting forth that such certificate was lost or destroyed, and the circumstances under which loss or destruction occurred. Should the original subsequently be found, it must be forwarded immediately to the board and not used by the person to whom issued originally or by any other person. A fee of $10 must be submitted to the board along with the affidavit for the duplicate issue. (g) Successful completion of a board approved examination testing knowledge of general and ocular pharmacology and related pathology with particular emphasis on the topical application of pharmaceutical agents shall be required, as defined in s280.3 of this title (relating to Certified Therapeutic Optometrist Examination). sec.280.2. Required Education. (a) In order to demonstrate compliance in regard to therapeutic optometry, successful completion of at least 90 classroom hours of board approved post graduate course work and clinical training in general and ocular pharmacology and related pathology conducted by an accredited institution which has facilities for both didactic and clinical instruction, or via other educational programs approved by the board, is required. Of the required 90 classroom hours, a minimum of 20 hours must be obtained in applied clinical skills. The applicant must provide documentation of successful completion of course work from the institution. (b) In order to assure that therapeutic optometrists are current and proficient in up-to-date therapeutic knowledge and techniques, optometrists having been graduated prior to January 1, 1991, shall obtain a minimum of 90 classroom hours in post graduate courses of general and ocular pharmacology and related pathology. Optometrists graduated after January 1, 1991, shall be considered as having met the educational requirements. (c) To be acceptable, courses of classroom hours must receive prior approval by the board, upon recommendation of the Therapeutic Education Committee. Any courses taken subsequent to January 1, 1991, and prior to September 1, 1991, may be submitted for consideration of approval by the board. Approved courses may be given only by accredited colleges and schools of optometry or via other educational programs approved by the board. sec.280.6. Advertising by Therapeutic Optometrists. All advertising must be in compliance with the Texas Optometry Act, sec.5.09. Any advertising regarding services to be provided by a therapeutic optometrist must not be false, deceptive, or misleading and may state "Certified as a Therapeutic Optometrist by the Texas Optometry Board." 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 August 9, 1991. TRD-9109605 Lois Ewald Executive Director Texas Optometry Board Effective date: September 2, 1991 Proposal publication date: June 25, 1991 For further information, please call: (512) 835-1938 TITLE 25. HEALTH SERVICES Part II. Texas Department of Mental Health and Mental Retardation Chapter 401. System Administration Subchapter L. In-Home and Family Support Program 25 TAC sec.sec.401.683-401.689, 401.692 The Texas Department of Mental Health and Mental Retardation (TDMHMR) adopts amendments to sec.sec.401.683-401.689, and 401.692 concerning system administration. Sections 401.683, 401.685, and 401.688 are adopted with changes to the proposed text as published in the May 21, 1991, issue of the Texas Register (15 TexReg 2812). Sections 401.684, 401.686, and 401.687, 401.689, and 491.692 are adopted without changes and will not be published. Revisions to the rule include a clarification of the definitions "date of request," "developmental delay," and "natural home." Regarding income eligibility in sec.401.685(a)(3), income determination in subparagraph (A) no longer excludes income from fixed assets such as real property or trusts, and "locally acceptable" indicators are no longer acceptable documentation of income. In subparagraph (B), the Texas median income levels established annually by the Texas Department of Human Services in effect on September 1 will be used to calculate copayment. Under certain conditions in s401.685 (a)(4)(A), recipients of Home and Community Based Services and Prospective Payment Program living in a natural home are eligible to receive funds from the In-Home and Family Support Program for the sole purpose of architectural modifications. The reference defining "felony of the third degree" was added to sec.401.685(d) and deleted in subsection (e) of the same section. In sec.401.685(g) new language clarified the evaluation and reevaluation process for eligibility and more clearly defined continuation of support and termination of support. In sec.401. 688(f), reasons for failure to obtain competitive bids must be documented in the written plan. Comments concerning the proposed amendments were received from Permian Basin Community MHMR Center, Midland; Dallas County MHMR Center, Dallas; and the MHMR Authority of Harris County, Houston. A commenter requested a clarification of "initial screening" used in the definition of "date of request." The department has replaced the phrase with new language which clarifies its meaning. A commenter expressed concern with the exclusion of income from fixed assets such as real property and trusts in the determination of income. That phrase has been deleted to reflect the commenter's concern. The same commenter suggested using the Texas median income index in effect on September 1 for the entire fiscal year. The department agrees, and the language has been revised accordingly. A commenter objects to the ineligibility of persons participating in programs that do not provide comprehensive needs. The department responds that the programs mentioned in the rule are intended to provide comprehensive services. The programs listed in the rule provide funds for most of the same services as the In-Home and Family Support Program and law dictates that In-Home and Family Support Program funds not supplant other programs. In-Home and Family Support Program funds should only be used as a last resort. Regarding sec.401.685(b)(1), a commenter wrote, "A critical point in the determination process seems to be overlooked, namely, what if the applicant is determined to be ineligible based on any of the qualifying factors. The last four words in this section should be taken out (it is already addressed in Section 2) and the new section state: The administering agency shall determine if the applicant is eligible to receive the service." The department responds that the original language came directly from the law and that same issue is not addressed in sec.401.685(b)(2), which continues to the next step in the same process. The same commenter pointed out that the rules are unclear regarding the appeal rights of applicants who are determined to be ineligible and recommended that those applicants be denied the appeal process. State law dictates the right to appeal for persons determined ineligible. A new subsection titled "Appeal" has been added for clarification. A commenter suggested the referencing statute for the definition of "felony of the third degree" be moved to sec.401.685(c) from (d). The department agrees, and the language has been revised to reflect the commenter's concerns. A commenter called for the allocation of grants to be prioritized based on the severity of need as stated in the Texas Mental Health and Mental Retardation Act. The department responds that this is a consumer-driven program, not a service-driven program, and is no different than the department's Home and Community Based Services Program which allocates funds in the same manner. Regarding sec.401.685(f), a commenter suggested new language clarifying the evaluation, reevaluation, continuation of support, and termination of support processes. The department concurs, and the language has been revised to reflect this. A commenter requested clarification concerning the length of time necessary to pass before a recipient is considered inactive. The department responds that there is no "inactive" status. The recipient is either in the program or not in the program. A commenter expressed concern about the competitive bid process: why are the In-Home and Family Support Program rules more stringent than those of the administering agency; by what method and by whom will the administering agency verify oral bids; will the administering agency be required to accept the lowest bid; and, this seems contradictory to the intent of the legislation which is to minimize the bureaucratic process and facilitate ease in caring for the individual with the disability within the community. The bidding requirement of the rule are consistent with the guidelines of the State Purchasing and General Services Commission; the rule was amended on adoption to permit deviation provided it is documented in the written plan. The department adds that verification of oral bids is not required. Section 401.688(f)(2) states the selection of vendor shall be negotiated between the person with a mental disability or family and the administering agency, meaning it is not required that the lowest bid be accepted. Addressing the intent of the legislation, it should be noted that obtaining competitive bids is a widely accepted, common business practice. The department wishes to encourage a prudent and effective process of managing state funds. In response to the fiscal note, one commenter suggested there would be an increase in administration cost due to additional monitoring and other expanded activities. The department responds that no additional monitoring or expanded activities are required of the administering agency and therefore there should not be any additional cost. Regarding the 10% emergency appropriation, a commenter supports and agrees with the concept. The amended sections are adopted under Texas Civil Statutes, Article 5547-202, sec.2.11, which provides the Texas Board of Mental Health and Mental Retardation with rulemaking powers. sec.401.683. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Administering agency -The TDMHMR or a mental health or mental retardation authority which the department designates to administer theTDMHMR In-Home and Family Support Program. CARE-The Client Assignment and Registration System database of TDMHMR. Date of request -The documented date the person with a mental disability or the family member of the person with a mental disability contacts the administering agency and preliminary eligibility is determined based on diagnosis, residency, income, and need. Developmental delay -A significant variation in normal development, determined by informed clinical opinion, in one or more of the following areas: cognitive; physical, including vision and hearing; language or speech; psychosocial; or self-help skills. This also includes: (A) biologically at risk infants who have a history of prenatal, perinatal, or early developmental events suggestive of biological insults to the developing child; (B) environmentally at risk infants whose early life experiences and/or home environments, including maternal and family caregiver characteristics, health care, opportunities for adaptive behaviors, and patterns of physical and social stimulation are sufficiently limiting or inappropriate that they impart a high probability of developmental delay. Emergency situation -A crisis that would cause immediate removal of the person with a mental disability from his or her natural home. Family-A group of two or more people that includes a person with a mental disability, who may or may not live with the family, and that person's parent, guardian, spouse, child, or sibling. Guardian-An individual who, under court order, is the guardian of the person of another or is a limited guardian under the Texas Probate Code, sec.130A-O. Mental health authority-The entity designated by the department to direct, operate, facilitate, or coordinate such services to mentally ill persons as are required to be performed at the local level by state law and by the department. Mental illness -Consistent with the Texas Mental Health Code, Texas Civil Statutes, Article 5547-4, an illness, disease, or condition which either: (A) substantially impairs the person's thought, perception of reality, emotional process, or judgment; or (B) grossly impairs behavior as manifested by recent disturbed behavior. Mental retardation -Consistent with the Mentally Retarded Persons Act, Texas Civil Statutes, Article 5547-300, sec.3(5), significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating during the developmental period. Mental retardation authority-The entity designated by the department to direct, operate, facilitate, or coordinate such services to mentally retarded persons as are required to be performed at the local level by state law and by the department. Natural home-The home in which the person with a mental disability lives that is either the residence of his or her parent or guardians, or extended family members or the home where the person has selected to live, with or without roommates, in the community. A natural home utilizes natural support systems such as family, friends, coworkers, and services available to the general population. Other support programs-All forms of local, state, or federal assistance; contract programs; or support provided by public or private funds for persons with a mental disability or their families. Parent-A natural, foster, surrogate, or adoptive parent. Person with a mental disability-A person with mental illness, mental retardation, or a pervasive developmental disorder, or children between the ages of 0 and four who have a developmental delay. Pervasive developmental disorder-A pervasive developmental disorder beginning in childhood, including autism, that meets the criteria established in the most recent edition of the Diagnostic and Statistical Manual (DSM). Support-A subsidy granted by TDMHMR to acquire support services to a person with a mental disability and/or that person's family. TDMHMR In-Home and Family Support Program -The program developed in response to House Bill 1154 and Appropriations Rider 33 of the 70th Texas Legislature, the purpose of which is to foster independent choice by persons with a mental disability in the selection of services to be provided; to assist such persons to be able to live independently in situations most like those experienced by persons without disabilities; to uphold the value of the family and the human dignity, pride, and independence of the individual; and to recognize the family as the primary mainstay for many persons with mental disabilities. The program enables flexibility in service delivery; innovation in service provision; minimization of barriers to service accessibility; placement of accountability for quality in the control of the person and/or family and the local provider; and non-duplication of services. The program does not serve persons with developmental disabilities who do not otherwise meet the definition of "person with a mental disability." Such persons may be eligible for services through the in-home and family support program of the Texas Department of Human Services (TDHS). sec.401.685. Eligibility Determination. (a) Criteria for eligibility. A request for support must be made on an individual basis by the person with a mental disability or a family member of the person with a mental disability. If the person with a mental disability lives independently, that person must be 18 years of age or older to apply for support. Upon receipt of a request for support, eligibility will be determined on the basis of the following four factors. (1) Diagnosis. The person with a mental disability or family is eligible for services if the person has been diagnosed to have mental illness, mental retardation, or a pervasive developmental disorder, or is between the ages of 0 and four and has a developmental delay. (A comprehensive diagnosis and evaluation is not required for persons with mental retardation to be eligible for services.) The person with a mental disability or family may be eligible to receive support if the person is determined to be diagnostically eligible for services in three ways. (A) A person meeting the criterion in paragraph (1) of this subsection who has previously received services from the Texas Department of Mental Health and Mental Retardation or a community mental health and mental retardation center is eligible for services. Additional evaluation or documentation of diagnosis is not required unless deemed necessary by intake staff. (B) A person who submits a current diagnosis or assessment of private licensed or certified service providers that indicate that the person meets the criterion in paragraph (1) of this subsection is eligible for services. Additional evaluation or documentation may be required. (C) A person who is determined to meet the criterion in paragraph (1) of this subsection by the professional staff of the administering agency is eligible for services. For persons otherwise meeting the residency, income, and need criteria described in paragraphs (2)-(4) of this subsection, emergency eligibility may be granted on a temporary basis for up to 90 days on a one-time basis. Documentation substantiating the diagnostic basis of eligibility is required within 90 days of emergency admission to services. (2) Residency. A person with a mental disability is eligible to receive support if the person resides in Texas. A family is eligible to receive support if the family resides in Texas. Applicants must provide proof of residence. (3) Income. Income eligibility will be determined based on the income of the person with a mental disability as documented in the written plan. If the person with a mental disability is under 18 years of age, the determination shall be based on the family's income. (A) The administering agency shall base its determination of income on the taxable income from the previous year's federal income tax return (Form 1040EZ, 1040A, or 1040) or other documented indicators. (B) The administering agency shall determine the percentage of copayment required using a sliding scale with a base for full compensation that corresponds to prevailing Texas median income levels established annually by TDHS in effect on September 1 of each fiscal year, without adjustment for present or future expenses. (C) The amount of copayment shall be the appropriate percentage of the total cost of services requested. (4) Need. The need for services shall be determined jointly by the applicant and staff of the administering agency. The request for support services must be related to the person's disability. (A) A person or the family of that person who has a diagnosis of mental retardation or pervasive developmental disorder, or who is between the ages of 0 and four and has a developmental delay and is being served in a 24-hour residential program or in one of the following programs is not eligible to receive support through TDMHMR's In-Home and Family Support Program: ICF/MR; HCS; HCS-OBRA; CLASS; PPP; nursing facilities; components of TDMHMR; and other residential programs funded by the state. Excluding TDMHMR contract or certified homes, recipients of HCS or PPP living in a natural home are eligible for a one-time grant of not more than $3,600 in In-Home and Family Support Program funds for the sole purpose of architectural modifications with review at the local program level. (B) A person or the family of that person with a diagnosis of mental illness who is being served in one of the following programs is not eligible to receive support through TDMHMR's In-Home and Family Support Program: medicaid facilities; state hospitals, state schools, and state centers of TDMHMR; and residential facilities of other state agencies. (C) TDMHMR In-Home and Family Support Program funds shall not be used to supplant services available through other local, state, or federal programs, but may be used to supplement services provided and may be granted to persons receiving benefits under any governmental entitlement programs. (D) TDMHMR shall coordinate with TDHS to ensure that individuals receiving services through the TDHS in-home and family support program are excluded from eligibility from the TDMHMR In-Home and Family Support Program. (E) Unless required by federal regulations, a local or state agency may not consider support received through the TDMHMR In-Home and Family Support Program in determining eligibility for another support program. (b) Determination of services to be provided. When a person with a mental disability or family applies for support services, the administering agency shall make the following determinations for each support service requested. (1) The administering agency shall determine if the applicant is eligible to receive the service from other support programs. (2) If the administering agency determines that an applicant is eligible to receive the service from another support program and that the service is available, the administering agency may deny the request for the service. Denial of a request for a specific service does not constitute denial of a request for other services. In cases of emergency, support may be provided prior to the initiation of services in the other program. (3) If the administering agency denies the request for the service, it shall provide to the applicant information for referral to the appropriate support program. (c) Appeal. If the administering agency denies an applicant's request, it shall provide to the applicant information concerning the right to appeal the denial of services and to request a hearing (for which the department will provide a hearing officer) in accord with Chapter 403, Subchapter O of this title (relating to Practice and Procedure with Respect to Administrative Hearings of the Department in Contested Cases). Denial of a request for services due to lack of available funding shall not be considered grounds for appeal. (d) Penalties. For purposes of applying for support through the TDMHMR In-Home and Family Support Program, a person commits a felony of the third degree as defined by Texas Civil Statutes, Article 5547-205, sec.5.09, who: (1) makes or causes to be made a statement or representation that the person knows to be false; or (2) solicits or accepts support for which the person knows he, or the person for whom the solicitation is made, is not eligible. (e) Reporting a felony of the third degree. The administering agency which suspects a felony of the third degree will report such information to the appropriate law enforcement officials in the county where the person suspected of violating the statute makes an application for In-Home and Family Support Program funds. (f) Processing of requests. Requests for In-Home and Family Support Program funds shall be processed in chronological order by the administering agency based upon the date of request. A record of persons with a mental disability waiting for In-Home and Family Support Program funds shall be maintained across fiscal years by the administering agency. (g) Distribution of support. Support will be determined through the development of an individualized written plan that is negotiated annually by the person with a mental disability or family and the administering agency. (1) The continuation of support for a person with a mental disability or family through the TDMHMR In-Home and Family Support Program requires an annual evaluation of eligibility in accordance with subsection (a) of this section, prior to the beginning of each fiscal year, which will include the development of a revised written plan which justifies continuation in the program. (2) If a current recipient's qualifying factors change during the fiscal year, the recipient must immediately notify the administering agency which must conduct a reevaluation of that recipient's eligibility in accordance with subsection (a) of this section. (3) Support will be terminated when the person with a mental disability or family of the person with a mental disability chooses to leave the program or when an annual evaluation indicates the written plan has been completed or when a periodic reevaluation indicates the eligibility criteria is no longer met. (4) Former recipients who no longer participate in the program may make a new request for funds. This new request for funds will be processed in chronological order based upon the new date of request. (5) Support may be provided in emergency situations to eligible individuals on record as waiting for services to the extent necessary to resolve that emergency. After resolution of the emergency the eligible person will remain on record as waiting for services. The written plan will address only those supports required to resolve the emergency. sec.401.688. Payment System. (a) Support for services. The amount of support, not to exceed $3,600 in each fiscal year for each person with a mental disability or family, will be determined individually and must be related to the person's disability. (1) Funds may be disbursed in a lump sum or on a periodic basis. (2) With the agreement of the person with a mental disability or family, as appropriate, payment may be made to the person with a mental disability, the family, or the vendor. (3) The amount of support shall be reduced by the appropriate copayment, if any. (4) On a case-by-case basis, the commissioner may grant additional amounts to persons with a mental disability or their families. (b) Support for architectural modification and/or the purchase or lease of equipment or supplies which specifically relates to the person's disability. Additional support may be awarded as a one-time grant of not more than $3,600. (1) Upon specific request and with the agreement of the administering agency, funds may be encumbered for this purpose as monies are available. (2) All architectural modifications, equipment, and supplies purchased with these funds become the property of the person with a mental disability or family and shall not be inventoried by the administering agency or TDMHMR. (3) Architectural modifications to leased or rented property shall be funded only upon the written approval of the owner or property manager and become the property of the owner. (4) On a case-by-case basis, the commissioner may grant additional amounts to persons with a mental disability or their families. (c) Accountability. The disbursement of support shall be in accordance with the laws of the state and shall include documentation that permits auditing by TDMHMR and the administering agency. (d) Payment rates. Funding for services or architectural modifications and special equipment shall not exceed the prevailing rates for the area as determined by the administering agency. (e) Emergency situation appropriation. Administering agencies may set aside no more than 10% of allocated in-home and family support funds to administer support in emergency situations. (f) Competitive bids. Prior to disbursement of funds, eligible recipients will obtain bids to determine the prevailing costs for capital expenditures and architectural modifications. The reasons for not obtaining bids must be documented in the written plan. (1) Three oral bids will be obtained for costs between $250 and $1,000 and three written bids will be obtained for costs $1,000 and up. (2) The selection of vendor shall be negotiated between the person with a mental disability or family and the administering agency. (3) In the event of sole source, documentation must be included in the written plan supporting that no other source was available. 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 August 9, 1991. TRD-9109564 Ann Utley Chairman Texas Board of Mental Health and Mental Retardation Effective date: August 30, 1991 Proposal publication date: May 21, 1991 For further information, please call: (512) 465-4670 TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 134. Medical Benefits-Guidelines for Medical Services, Charges, and Payments Subchapter A. Medical Policies 28 TAC sec.134.5 The Texas Workers' Compensation Commission adopts new sec.134.5, concerning attendance at a medical examination (under a medical examination order) by an injured employee's treating doctor with changes to the proposed text as published in the April 23, 1991, issue of the Texas Register (16 TexReg 2273). The new sec.134.5 is necessary to clarify payment for the employee's doctor, who is allowed to be present at a medical examination that is ordered by the commission. The section indicates that the doctor who attends must be the treating doctor, who will be paid by the insurance carrier, at the rate of $100 per hour (not to exceed four hours) as calculated under subsection (a)(1)-(3) of the section. A charge for time that exceeds four hours must have the carrier's approval in advance. The section tells how to compute the hours for which the doctor will be compensated for his/her attendance at the examination. The section instructs the doctor to use TWCC Form 67 to request reimbursement. The treating doctor, with the carrier's prior approval, may send another doctor to the examination. One commentor stated that subsection (a)(2) of the section regarding the beginning point and the ending point of a doctor's travel is too vague. Commentor proposed adding "the calculation of time shall commence with the beginning of the medical exam and end with the completion of the medical exam; and..." The commission agrees that the "portal-to-portal" language needed clarification, but has adopted language recommended by staff in subsection (a)(2) of the section. Another commentor stated that subsection (c) of this section should reference the TWCC Form 67 instead of the HCFA 1500. The commission agrees and has made the suggested change, in order for consistency in following commission instructions for completing required forms. The American Insurance Association and the Alliance of American Insurers commented against the proposed section. No comments in favor of the proposed section were received. The new section is adopted under Texas Civil Statutes, Article 8308-2.09(a), which authorizes the commission to adopt rules necessary to implement and enforce the Texas Workers' Compensation Act; Article 8308-8.01(a), which authorizes the commission to adopt rules relating to medical policies and fee guidelines governing the provision and payment of medical services for compensable injuries; Article 8308-4.16(d) which authorizes the commission to fix the fee to be paid to the doctor selected by the employee to attend the ordered medical examination; and Article 8308-8.21(a), which authorizes the commission to establish guidelines relating to the fees changed or paid for medical services rendered to injured employees. sec.134.5. Treating Doctor Attendance at Medical Examination Under a Medical Examination Order. (a) The injured employee's treating doctor may be present at a required medical examination as described in sec.126.6 of this title (relating to Order for Required Medical Examinations). The treating doctor shall be reimbursed by the insurance carrier for time as specified in the following guidelines: (1) a rate of $100 an hour limited to four hours of reimbursement of time or, if in excess of four hours, with prior approval from the insurance carrier; (2) reimbursement is limited to the time required to travel from the doctor's usual place of business to the place of the examination. In addition, it includes the duration of the examination and the time required to return from the examination location to the doctor's usual place of business (departure point). The travel shall be by the most direct route. This time does not include time spent for meals or other elective activities engaged in by the doctor; (3) the charge shall be calculated in quarter hour increments with any amount over 10 minutes to be considered an additional quarter hour. (b) A charge for attendance that exceeds these guidelines, shall have prior approval from the insurance carrier of the commission. (c) After accompanying the injured employee to the examination, the treating doctor shall submit request for reimbursement on TWCCF Form 67. (d) The injured employee's treating doctor shall be the only doctor permitted to attend an charge for the attendance at the examination, unless the treating doctor receives prior approval from the insurance carrier to send a different doctor to observe the examination. 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 August 12, 1991. TRD-9109626 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Effective date: September 2, 1991 Proposal publication date: April 23, 1991 For further information, please call: (512) 440-3972 28 TAC sec.134.6 The Texas Workers' Compensation Commission adopts new sec.134.6, concerning allowable travel expenses for an injured employee who must travel to obtain appropriate and necessary medical care for his or her work-related injury with changes to the proposed text as published in the April 26, 1991, issue of the Texas Register (16 TexReg 2354). The new sec.134.6 is necessary to clarify the amounts for which an injured employee may obtain payment from the insurance carrier, under the worker's compensation laws, of reasonable travel costs incurred for transportation to and from medical care. The section states that reasonable travel costs will be paid by the insurance carrier for travel that is reasonably necessary in order for the injured employee to obtain medical treatment, under certain circumstances listed in the section: that an injured employee must be required to travel 20 miles one way in order to receive reimbursement; that the rate will be based upon the current rate for state employees; that the shortest distance between two points shall be used; and that food and lodging related to the travel shall also be reimbursed at the current rate for state employees. The employee who seeks reimbursement for travel must make a written request itemizing mileage travelled and expenses incurred, and attach copies of all receipts that support the amounts requested. The section allows the carrier to limit compensation for food and lodging to amounts allowed to state employees for food and lodging. Finally, the section states that if emergency ambulance transportation is used, fair and reasonable rates must be paid by the carrier, until such time as the commission establishes guidelines for ambulance transportation. Concerning the proposed section, one commentor stated that subsection (c) of this section should be changed to require that no reimbursement shall be made for travel without supporting receipts. The commission disagrees with changing the section, because the section clearly requires an employee to submit receipts when requesting reimbursement. On its own motion, the commission added, for clarification, subsection (d) which makes clear that reimbursement for food and lodging expense can be limited to that allowed for state employees. Darr Equipment Company commented against the proposed section. No comments specifically in favor of the proposed section were received. The new section is adopted under Texas Civil Statutes, Article 8308-2.09(a), which authorizes the commission to adopt rules necessary to implement and enforce the Texas Workers' Compensation Act, and Article 8308-8.01(a), which authorizes the commission to establish by rule fee guidelines governing the provision and payment of medical services that are designed to assure the quality of medical care rendered to injured employees. sec.134.6. Travel Expenses. (a) When it becomes reasonably necessary for an injured employee to travel in order to obtain appropriate and necessary medical care for the injured employee's compensable injury, the reasonable costs shall be paid by the insurance carrier. The reimbursement shall be based on the following guidelines: (1) the mileage shall be greater than 20 miles, one way, to entitle the injured employee to travel reimbursement; (2) reimbursement shall also be paid based upon the current travel rate for state employees. The shortest route between two points shall be used; and (3) when travel involves food and lodging, these items will be based upon the current rate for state employees. (b) When emergency ambulance service is required, however, the insurance carrier shall pay at a fair and reasonable rate for ambulance service, until such time as fee guidelines are established by the commission. (c) An injured employee seeking reimbursement for travel expenses shall submit to the carrier a written request itemizing the mileage traveled and the expenses incurred. All receipts pertinent to the travel shall be attached to the request. (d) If the employee pays more for food and lodging than the current rate for state employees, the carrier may reduce the reimbursement to that allowed for state employees. 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 August 12, 1991. TRD-9109624 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Effective date: September 2, 1991 Proposal publication date: April 26, 1991 For further information, please call: (512) 440-3972 Chapter 164. Workers' Health and Safety-Extra-Hazardous Employer Program 28 TAC sec.164.1, sec.164.3 The Texas Workers' Compensation Commission adopts new sec.164.1 and sec.164.3 concerning the extra-hazardous employer program which is established under Texas Civil Statutes, Article 8308-7.04, with changes to the proposed text as published in the April 23, 1991, issue of the Texas Register (16 TexReg 2274). The new sections are necessary to establish a criteria for identifying extra-hazardous employers and to establish a program for diminishing employee risks, as required in the Texas Workers' Compensation Act, Article 8308-7.04. In addition to comments received during an extended public comment period, the commission also considered testimony given at a public hearing on these proposed sections, on June 26, 1991. New sec.164.1 provides for quarterly identification of extra-hazardous employers and specifies the methodology for such identification. The section indicates that the commission's division of health and safety will use the Poisson probability distribution, which uses information about an employer's work force, the applicable industry's work force, and the number of various types on injuries that occur with the employer, and with its industry. The section describes the period of time for which injury data will be used in the identification. The section describes the use of the Standard Industrial Classification Code (SIC) in establishing the industry of the employer and similar employers. The section states that the first identification will count fatalities, occupational diseases, and injuries that result in eight or more days lost time from work, and compare the employer's injuries in these categories to injury rates in the same industry. The second identification will count fatalities, occupational diseases, and injuries that result in more than one day of lost time from work. The third identification will add to these factors medical-only injuries that result in impairment, whether or not time is lost from work. Finally, the commission section provides that the division will conduct a study as to the feasibility and cost of capturing data on medical only injuries for use in the extra-hazardous computation. A report on the results of the study will be placed on the commission agenda for review and evaluation no later than March 31, 1993. The section further informs employers of three commission forms that will be used in the extra-hazardous identification process. New sec.164.3 provides for a safety consultation to be obtained by an employer identified as extra-hazardous, no later than 30 days following receipt of the notice of identification by the employer. The source used must be approved by the division. The section indicates what the consultant must evaluate in its hazard report, which shall also include recommendations for controlling the hazardous conditions or practices found by the consultant. The section provides for an employer to request a waiver of the 30-day time limit, but states that in no case may the initial consultation exceed 60 days following the receipt of the notification. The consultant must file its report with the division of health and safety within 24 hours after the consultation is completed. In addition, the section makes clear that consultants may charge the employer for services rendered under the extra-hazardous program. Concerning sec.164.1, one commentor generally commented in favor of the extra-hazardous employer program but indicated concern that subsection (c) of the proposed section should reflect a minimum of 50 employers in a SIC code grouping with 100 preferred. The commission disagrees that such is necessary, noting that statistical analysis is possible with the 20 employer minimum. The commentor also indicated that identification of extra-hazardous employers should be made with injury categories described in subsections (e)(1), (e)(3), and (e) (5) only. The commission disagrees that categories (e)(2), (e)(4) and (e)(6) should be deleted, however, believing that the use of all categories described will accurately yield "extra-hazardous" employers. Another commentor asserted that subsection (e)(6) should be deleted, as not appropriate to an agency rule. The commission disagrees with deleting this clause, noting that a study of such injuries will provide data that may enhance the extra-hazardous calculation. The commission has, however, changed the dates for performing and reporting the results of the study to the commissioners, by giving more time for analysis. Another commenter said that subsection (e)(5) of the proposed section should be deleted because of the additional paperwork burden, and that subsection (e)(6) should be deleted because of the cost and waste of taxpayer money. The commission disagrees that subsection (e)(5) will cause additional paperwork or that the study proposed in subsection (e)(6) is a waste of money. Another commenter objected to the use of injury categories set forth in subsections (e)(2), (e)(4), (e)(5), and (e)(6), for identifying extra-hazardous employers. The commission disagrees that deletion of these categories would result in a statistically sound system, and disagrees also for reasons noted above in a similar comment. Several commenters believed that subsections (e)(5) and (e)(6) should be deleted because of the costs and time required of both the employers and the agency in collecting, reporting and using such information. The commission disagrees that the costs of implementing the use of these categories will be high with respect to the substantial benefit to be realized by counselling extra-hazardous employers. Another commenter agreed with the probability method of selecting extra-hazardous employers but recommended deleting subsection (e)(6) because of the lack of statutory authority to obtain such data and recommended deleting subsection (e)(5) because of the unreliability of reports containing such data. The commission disagrees that such data either cannot be collected or that there is unreliability in reports of such data; further, the commission notes that it has authority to perform feasibility studies for consideration in future actions. Another commenter recommended changing subsection (d) to reflect a requirement for 12 months of data to be used, including any 1990 data to make up the 12 months, on the basis that using less than 12 months of data on the initial identifications would create inequities; the commenter also recommended limiting the types of fatalities to be included in the identification process by excluding "fatalities caused by other entities or their agencies" and "fatalities unrelated to workplace operations or conditions." The commission disagrees that subsection (d) as proposed will create inequities. The commission further disagrees that the described fatalities should be excluded from subsections (g)(1) and (2), because procedures which address these categories of injuries are included in another section. Another commenter opposed this section as well as all other sections regarding extra-hazardous employers because of verbosity, format, lack of use of experienced resources, and the methods by which the proposed sections were developed. The commission disagrees with these characterizations and believes that these sections represent the best efforts of all concerned. Commenting against sec.164.1 as proposed were the Texas Association of Business, the Associated General Contractors of Texas, J.C. Evans Construction Company, Jeanneret Associates, Inc., Young Brothers, Inc., Contractors, Hunter Industries, Inc., Zack Burnett Company, Employers' Casualty Company, Pasadena Tank Corporation, and various individuals. The Texas Association of Business, Jeanneret Associates, Inc., and Hunter Industries, Inc. also made comments favorable to the proposed section. Concerning sec.164.3, several organizations commented that subsection (a) should specify that the time frame be measured from the date of receipt of notice of identification; the commission agrees, and has made the suggested clarification. One of the same commentors noted that the rule should contain a provision for early inspection. The commission notes that provision for early inspection is covered by another section, and disagrees with the suggestion to include it here. Several commentors complained that the 24 reporting requirement was too short; one commenter suggested that subsection (d) be changed from 24 hours to "no more than five days". The commission disagrees that more than 24 hours is needed to file the report. Another commenter suggested changing the phrase "job site" to "workplace" in subsection (c). The commission disagrees, noting that "job site" was chosen to include all worksites where employers with multiple outlets would be located. Another commenter suggested adding the words "along with recommendation for controlling the identified hazardous condition or practices" after the word "identified" in subsection (c); the commission agrees and has added the suggested wording. The same commentor suggested allowing thirty-five days for filing a hazard report; the commission disagrees, for reasons noted above. The same commentor suggested that the commission change the responsibility for requesting an extension of time, under subsection (e) to the consultant, rather than the employer. The commission disagrees with this suggestion, because the employer, rather than the consultant, is in the best position to know when an extension of time, which runs from the date the employer receives notice of extra-hazardous status, will be needed. The Associated General Contractors, Yomg Brothers, Inc., Contractors, Zack Burnett Comparly, Pasadena Tank Corporation, Hunter Industries, Inc., Employers' Casualty Company, and American Insurance Association commented against the proposed section. No comments specifically in favor of the proposed section were received. The new sections are adopted under the Texas Workers' Compensation Act, Texas Civil Statutes, Article 8303-2.09(a), which authorizes the commission to adopt rules necessary to implement and enforce the Act, and Article 8308-7.04(a), which authorizes the division of health and safety of the commission to develop a program to identify "extra-hazardous" employers, as that term is defined therein. sec.164.1. Criteria for Identifying Extra-Hazardous Employers. (a) An employer, who is subject to this chapter under the Texas Workers' Compensation Act, sec.7.01, shall be identified as an extra-hazardous employer using the Poisson probability distribution. The information required to compute the distribution is as follows: (1) the employer's workforce; (2) the industry workforce; (3) the employer's injuries as identified in subsection (e) of this section; and (4) the industry's injuries as identified in subsection (e) of this section. (b) The most recent available employer and industry workforce data at the four-digit standard industrial classification (SIC) code level will be obtained from the Texas Employment Commission. (c) If an employer is a member of a four-digit SIC code industry of less than 20 companies, all companies within the industry group (three-digit SIC code) will be included to increase the population of companies to 20 or above. The major group (two-digit SIC code) will be used, if necessary, to achieve the minimum 20-company population. If necessary, major groups will be combined using the most closely related industries, as determined by the division, to achieve the minimum 20-company population. (d) Extra-hazardous employers will be identified at least quarterly. Injury data, beginning January 1, 1991, will be included until 12 months of data are available. Thereafter, only the most recent 12 months of data will be included. The commission may elect to use 1990 injury data to provide 12 months of injury data until January 1992. (e) The following injuries will be sequenced into the Poisson probability distribution calculation for use by the division of health and safety to identify extra-hazardous employer: (1) injuries resulting in fatalities; (2) occupational diseases (excluding fatalities); (3) injuries (excluding occupational diseases and fatalities) resulting in eight or more days lost time; (4) injuries (excluding occupational diseases and fatalities) resulting in more than one, but less than eight days lost time; (5) medical only, no lost time injuries with impairment (excluding occupational diseases); and (6) propose a study by the division of health and safety to determine the cost to the commission and the employers of capturing medical only's no lost time incidents. This study will commence July 1, 1992, and be completed by December 31, 1992. The results of the study would be placed on the commission agenda for a review and evaluation no later than March 31, 1993. The cost of obtaining the information and administering this phase of the procedure will be included in determining if it is feasible for identifying extra-hazardous employers. (f) The phased sequence of injury categories, in subsection (e) of this section, used for identifying extra-hazardous employers will be the following. (1) The first identification of extra-hazardous employers will include injuries from subsection (e)(1)-(3) of this section. (2) The second identification of extra-hazardous employers will include injuries from subsection (e)(1)-(4) of this section. Subsection (e)(4) data, when added, will include injuries accumulated from January 1, 1991. (3) The third identification of extra-hazardous employers will include injuries from subsection (e)(1)-(5) of this section. Subsection (e)(5) data, when added, will include injuries accumulated from January 1, 1991. (g) The thresholds used in the Poisson distribution calculations will be phased in based on the following schedule. (1) The first identification calculation will use a threshold of .000000001 for a company with injuries, none of which were fatalities, and a threshold of .01 will be used for a company with one or more fatalities. (2) The second and subsequent identification calculations will use a threshold of .000001 for a company with injuries, none of which were fatalities, and a threshold of .01 will be used for a company with one or more fatalities. (h) To be declared extra-hazardous, the record of the company being considered must be such that: (1) in the initial calculation for a company with zero fatal injuries, another company of the same size in the same industry would have a probability of greater than 999,999,999 in 1,000,000,000 (.000000001 threshold) of having a better injury record. For a company with at least one fatality, another company of the same size in the same industry would have a probability of greater than 99 in 100 (.01 threshold) of having a better injury record; and (2) in the second and subsequent calculations for a company with zero fatal injuries, another company of the same size in the same industry would have a probability of 999,999 in 1,000,000 (. 000001 threshold) of having a better injury record. For a company with at least one fatality, another company of the same size in the same industry would have a probability of greater than 99 in 100 (.01 threshold) of having a better injury record. (i) The commission will review the injury sequence in subsection (f) of this section and the thresholds in subsection (g) of this section quarterly for effectiveness and may adjust the injury categories and thresholds for the subsequent calculations. (j) The division will publish the following: (1) TWCC-112, extra-hazardous employer projection worksheet, that may be used by an employer to compute a company's expected injuries, "L;" (2) TWCC-113, TWCC standard industrial classification (SIC) code information for computing extra-hazardous employer projections, a look-up table that provides industry-wide employment and injury data by four-digit SIC code, for use with the TWCC-112 worksheet. (3) TWCC-114, look-up table for extra-hazardous employer projections, that will allow an employer to determine if the employer has attained the critical level of injuries for identification as an extra-hazardous employer. A separate TWCC-114 will be published for each Poisson distribution threshold. sec.164.3. Safety Consultation. (a) Not later than 30 days following receipt of notice of identification as an extra-hazardous employer the employer shall complete a safety consultation from a division pre-approved professional source. The source may be provided by: (1) the division; (2) the employer's insurance carrier; or (3) another professional source. (b) Upon request, the division shall provide a list of approved professional sources. (c) The safety consultant shall conduct a hazard survey at each appropriate job site and prepare a hazard survey report. The report shall be in writing in the format prescribed by the commission and shall include a description of any hazardous conditions or practices identified, along with recommendations for controlling the identified hazardous conditions or practices. (d) The hazard survey report(s) and any attachments shall be filed by the consultant with the division within 24 hours of completing the consultation. (e) If the initial consultation and report cannot be completed in the time allowed under this section, the employer may apply to the commission for a waiver of the time requirements. In no case shall the initial consultation exceed 60 days following the date of notification. (f) The consultants identified in subsection (a) of this section may charge the employer for consultations provided under the extra-hazardous employer program. 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 August 12, 1991. TRD-9109625 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Effective date: September 2, 1991 Proposal publication date: April 23, 1991 For further information, please call: (512) 440-3972 28 TAC sec.sec.164.2, 164.4-164.7, 164.9-164.12 The Texas Workers' Compensation Commission adopts new sec. s164.2 and 164.4, 164.5, 164.6, 164.7, 164.9, 164.10, 164.11, and 164.12 concerning the extra-hazardous employer program. Sections 164.2, 164.4, 164.5, 164.6, 164.7, 164.9, 164.10, and 164.11 are adopted with changes to the proposed text as published in the May 21, 1991, issue of the Texas Register (16 TexReg 2819). Section 164.12 is adopted without changes and will not be republished. The commission withdraws proposed s164.8 and sec.164.13, and intends to propose new provisions under those sections. In addition to comments received during all extended public comment period, the commission also considered testimony given at a public hearing on these proposed sections, on June 26, 1991. The sections are necessary to carry out the extra-hazardous employers program described in Texas Civil Statutes, Article 8308-7.04, by provisions which establish the content of the notice to extra-hazardous employers, prescribe the formulation of the accident prevention plan, provide for the follow-up inspection and report, provide for the removal of an employer from "extra-hazardous employer" status, provide for continuation of the "extra-hazardous employer" status, provide for the approval of professional sources for safety consultations, provide for removal from the list of approved professional sources, provide for obtaining safety consultation from the agency and reimbursement for such consultations and to describe the employer affected by the extra-hazardous employer program. New sec.164.2 provides where the written notice to an extra-hazardous employer shall be sent, and the information that such notice shall contain. The section provides for the information to include information to the employer of the right to request an administrative review of the division's record of injuries upon which the designation is based; such review requires that an employer allow complete and open inspection of its records that may impact on the determination of the "extra-hazardous" designation. The section also requires the notice to inform the employer that it may contest the extra-hazardous status by requesting a hearing under Chapter 145; the grounds for requesting such a hearing are described. New sec.164.4 provides for the formulation of an employer's accident prevention plan, and dispute resolution of disagreements between the employer and safety consultant about the plan. The specific elements a plan must include are described in the section. New sec.164.5 provides for a follow-up inspection to be conducted by the division at the employers' place of business by agency personnel six months after the formulation of the employer's accident prevention plan. The section establishes a procedure by which an employer who refuses access to the division's inspector may be served with a commission order for access. The section contains a penalty for violation of the commission's order. New sec.164.6 provides for the report of a follow-up inspection within 30 days of the inspection and specifies the information to be included. The section recites the additional information that the report must include in the event an employer is found not to have implemented the required safety plan. New sec.164.7 provides for the removal of an employer from extra-hazardous status upon certain conditions, and establishes a "monitoring status for employers who continue to exceed the injury frequency that may reasonably be expected to occur in their industry. New sec.164.9 provides for the approval of professional sources for safety consultations for the Extra-Hazardous Employer Program, and lists certain education and experience requirements necessary to obtain approval. New sec.164.10 provides for the removal of consultants, and lists the reasons that may cause removal from the list. New sec.164.11 provides for the health and safety division to provide a safety consultation upon request. The section tells how to make the request. New sec.164.12 provides for reimbursement for the cost of services provided by the division to an "extra-hazardous" employer. Concerning sec.164.2, one commenter made four recommendations: (1) change the term "Extra-Hazard" to "Extra-Hazardous"; (2) consolidate subsections (b)(4) and (5) and permit a hearing to consider exclusion of certain injuries; (3) expand the time to request an administrative review in subsection (b)(4) from the "10th day" after date of notice to "10 working days" after date of notice; (4) suspend extra-hazardous status pending outcome of hearing and appeal. The commission agreed with the first suggestion. However the commission disagreed with the remaining three comments, for these reasons: for (2) the commission notes that the two subsections describe different functions in review of the designation and cannot be combined; for comment (3), the commission disagrees and notes that ten calendar days is reasonable in light of the fact that the time count does not start until the employer receives the certified mail letter; for comment (4), the division notes that suspension of an extra-hazardous identification pending court appeal could be abused. An employer should have immediate access to its own accident records to be able to prove discrepancy with division's records. The final determination of the commission should be acted upon not withstanding an appeal to court; there is no statutory authority for suspension of the commissions finding pending judicial review. Another commenter stated that subsection (a)(2) of the proposed section should be changed to include the employer's loss control department or the equivalent of the workers' compensation carrier of record as persons to whom notice of extra-hazardous status should be mailed. The commission agrees and has incorporated the suggested change. The commission added, in subsection (b)(4) of this section, clarification that an employer who disputes the division's record of injuries must allow, upon request, complete and open inspection of all of its records that may impact upon the extra-hazardous designation. Also for purposes of clarity, the commission made a non-substantive deletion of an extra phrase in subsection (a) of the section, because it is already self-evident from the section that the notice is mailed after the identification of extra-hazardous status is made. The Texas Association of Business and Employers' Casualty Company commented against the proposed section. No comments specifically in favor of the section were received. Concerning 164.4, one commenter expressed concern with the terminology in subsection (a) which refers to "established" federal and state codes and standards and with the possibility that "accepted industry practices" could result in conflicts with such codes and standards. The commission disagrees that the reference to established practices should be deleted, but agrees to add language in subsection (a) of the section to make clear that accepted industry practices will be applied only where there are no codes or standards. Another commenter suggested including a statement in subsection (a) addressing management deficiencies that result in hazards being present. The commission disagrees with changing the section, noting that the section provides that the identified hazards be those that are likely to cause death or serious physical harm; if a management practice could result in this occurrence, a consultant would have the discretion under this section to include that in his/her report. Another commenter suggested that subsections (a) and (g) of the section should each allow 60 days instead of 30 days to complete and file a plan. The commission disagrees that more than 30 days is needed either to complete a hazard survey or to formulate an accident prevention plan. The section does allow for delays requested for good cause. The Associated General Contractors, American Insurance Association, and an individual commented against the proposed section. No comments specifically in favor of the proposed section were received. Concerning sec.164.5, no comments were received but upon recommendation of staff the commission added wording to subsection (c) that correctly establishes the punishment for an employer that refuses to grant work place access to agency employees; the proposed rule indicated that such refusal would be deemed to be non-compliance with the plan, but the adoption makes clear that the violation is failure to obey a commission order for access, not deemed non-compliance with the plan. Concerning sec.164.6, one commentor expressed concern that an employer was not provided with an opportunity for a hearing to contest continuation of the "extra-hazardous employer" status; the commission disagrees that this section should be changed, noting that sec.164.8 deals with continuation of status and the right to a hearing. Another commenter suggested changing the time in subsection (a) for completing the report from 30 days to 10 days. The commission disagrees that 10 days would be impractical given the workload of each inspector. The commission made a technical change to subsection (c)(4) to reflect that notice of a referral to Compliance and Practices Division shall be made; the proposed rule had indicated that a notice of administrative violation would be directly issued by Health and Safety Division, which did not reflect the practice to be followed for compliance actions by the commission. Also, the word "practical" in proposed subsection (a) was changed to "practicable" for grammatical correctness. The Associated General Contractors and an individual commented against the proposed section. No comments specifically in favor of the proposed section were received. Concerning sec.164.7, one commenter suggested adding certain words to subsection (a) after "if the division determines", so that removal from the extra-hazardous status would await not only division determination, but that of a hearing or appeals court. The commission disagrees that such wording is necessary, because an employer that prevails in a hearing on status under sec.164. 2 would automatically be removed from the list of extra-hazardous employers, and will not be affected by this section, which has to do with compliance with a plan after identification. Another commenter expressed concern that proposed subsection (b), which maintained an employer on extra-hazardous statute, was not in compliance with the statute, which indicated that compliance with the safety plan required removal from the list while on monitoring status. The commission agrees, and has removed this language; continuation on status will be dealt with solely by sec.164.8 of this title (relating to Continuation of Extra-Hazardous Employer Status). The same commentor expressed two concerns about the criteria for determining when a injury frequency "substantially exceeds" its industry standard, and time period to be used in calculating the "L". The commission disagrees that there is need for changing this section, because it specifically refers the reader to the criteria established in sec.164.1 of this title (relating to Criteria for Identifying Extra-Hazardous Employers). The same commentor requested clarification of the injury data used for remaining in monitoring because it was not clear whether the rate during the extra-hazardous period, or the prior 12 months, would be the data base. The commission agrees that clarification is desirable, and has added a section at the end of subsection (b) to specify the time period. The Texas Association of Business and the Associated General Contractors commented against the proposed section. No comments specifically in favor of the section were received. Proposed sec.164.8 was withdrawn. Concerning sec.164.9, one commenter suggested combining subsections (b)(3), (b)(4), and (b)(5), to read "A Safety Professional or Industrial Hygienist certified by an organization which has been approved by the division for that purpose." The commission disagrees that such combination is necessary, noting that any certifying organization not specifically named in subsections (b)(3) and (4) may submit to the division of health and safety for recognition of its certification as set out in (b)(5); the section as proposed accomplishes the same objective sought by the commentor. Another commenter objected that the rule restricts current field safety representatives from working with extra-hazardous employers; commentor argues that there is no demonstrated difference in individual risk, only in the frequency of occurrences; therefore, an ordinary FSR should be able to perform an extra-hazardous consultation. The commission disagrees that there is no difference in these two positions since there is greater risk for professional sources because of the tasks they perform: hazard identification, development of accident prevention plans, and assistance in implementing the plan; therefore, the proposed criteria for approved professional source for this program should impose a greater requirement of professional expertise. One organization pointed Out that subsection (d) of the proposed section was vague. The commission agrees and changed the wording, so that the four-hour course requirement is more clear. Another commentor expressed support of the criteria spelled out in the section, specifically favoring inclusion of Texas-registered P.E.s with a minimum five-year safety background; with the certifying authorities specified in (b)(3) and (4); and with the general desirability of maintaining high professional standards for the approved professional sources under the extra-hazardous employers program statute. The commission agrees with the commentor. The American Insurance Association, Texas Chapter of the World Safety Organization and Texas Farmers Insurance Company commented against the proposed section. Employer's Casualty Company commented in favor of the proposed section. Concerning sec.164.10, one commenter objected that the rule is harsh and inflexible and permits no minor inconsequential variations from mandatory standards. The commission disagrees with changing the section, noting that a qualified professional source knows the codes and standards applicable and has the ability to use good judgment, and that the section is concerned with accident prevention plan's basic noncompliance with standards, not with small commissions. The commission made minor changes to subsection (d) of the section to conform it to the Texas register language for cross-referencing other sections of this title. The Association of General Contractors commented against the proposed section. No comments specifically in favor of the proposed section were received. Concerning sec.164.11, no public comments were received either for or against the proposed section. The commission made only non-substantive wording changes suggested by staff, to improve the readability of the section. Concerning sec.164.12, no public comments were received either for or against the proposed section. Proposed sec.164.13 was withdrawn. The new sections are adopted under Texas Civil Statutes, Article 8308-2.09(a), which authorize the commission to promulgate rules necessary to implement and enforce the Texas Workers' Compensation Commission Act, Article 8308-1.01 et seq. sec.164.2. Notice to "Extra-Hazardous Employers." (a) The division shall notify the extra-hazardous employer and the employer's workers' compensation insurance carrier, if any. The notice shall be sent to: (1) the employer by certified mail at the employer's principal place of business; and (2) the loss control department or equivalent of the employer's workers' compensation insurance carrier of record in the commission's files. (b) The notice shall be in writing and shall inform the employer of the following provisions: (1) state that the employer has been identified as all extra-hazardous employer; (2) state the facts on which the identification of extra-hazardous employer is based; (3) outline the steps the employer is required to take as an identified extra-hazardous employer; (4) inform the employer that, if the employees injury records differ from those injuries on which the identification of extra-hazardous employer is based, the employer may request an administrative review by the division. Such review requires that the employer allow complete and open inspection of all employer records that may impact upon the determination of being designated as an extra-hazardous employer and provide records upon request. The request for administrative review must be filed with the division no later than the 10th day after the date the notice was received. The extra-hazardous employer status will remain in effect until notified by the division that the status has been revoked; (5) inform the employer of the right to contest extra-hazardous employer status by requesting a hearing, as provided by Chapter 145 of this title (relating to Dispute Resolutions Hearings Under the Administrative Procedure and Texas Register Act). An employer may request a hearing on the following grounds: injuries resulting from third parties unrelated to the work place, circumstances beyond the control or jurisdiction of the employer, or disagreement with the division's administrative review of the facts. A request for a hearing will suspend identification as an "extra-hazardous employer" pending the outcome of the hearing; (6) inform the employer of the penalties for failure to take the steps required under the Extra-Hazardous Employer Program; (7) inform the employer that any information or documents provided to the commission may be subject to disclosure under the Open Records Act. sec.164.4. Formulation of Accident Prevention Plan. (a) Within 30 days of the date of the consultant's initial report, the safety consultant and the employer shall develop an accident prevention plan which is consistent with established federal and state codes and standards, or in the absence of such standards, with accepted industry practices if recognized hazards exist that are causing or are likely to cause death or serious physical harm to employees, and that addresses each hazard and/or unsafe practice identified in the report. The accident prevention plan shall be developed by an approved professional source as defined in sec.164.9 of this title (relating to Approval of Professional Sources for Safety Consultations), shall be in the format prescribed by the commission, and shall include: (1) a management component with a written safety policy statement and assignment, by position or title, of safety responsibilities and authority; (2) an analysis component which includes identified operational and safety hazards; (3) a safety program recordkeeping system component; (4) a safety and health education and training component; (5) a safety audit/inspection component which includes the identification, by title or position, of a qualified person(s) to conduct the audits/inspections; (6) an accident investigation component to identity the cause factors of injuries; and (7) a periodic review and revision to the safety program and operational procedures component to determine effectiveness of abatement measures. (b) Reference material for the development of an accident prevention plan may be obtained from the division. (c) An implementation time line, not to exceed 6 months after the formulation of the plan, shall be developed and included with the plan. (d) If the employer disagrees with any or all of the plan, the employer shall sign the plan and attach a statement containing the specific reasons for disagreement to the plan. The division will review the areas of disagreement and notify the employer and the consultant of the decision on each area of disagreement. If the employer disagrees with the decision rendered by the division, the employer may request a hearing as provided by Chapter 145 of this title (relating to Dispute Resolution Hearings Under the Administrative Procedure and Texas Register Act). (e) The employer's signature is understood to exclude those areas of the plan for which a disagreement has been attached to the plan, pending review by the division or a formal appeal. (f) If the division finds it is practical to do so, the division may direct the employer to begin implementation of any or all parts of the plan that are not subject to the employer's disagreement. The timeliness specified in the plan shall remain in effect for those parts of the plan the employer is directed to implement (g) The employer shall be responsible for filing the accident prevention plan with the division no later than 30 days after completion of the safety consultation and no later than 90 days after the employer received notification of identification as an extra-hazardous employer. Delays requested for good cause will be reviewed by the division. sec.164.5. Follow-up Inspection by the Division. (a) Six months after the formulation of the employer's accident prevention plan, or earlier when requested by the employer and with the concurrence of the professional source, the division shall conduct a follow-up inspection to ensure compliance with, and effectiveness of, the accident prevention plan at the employer's premises. (b) The inspection shall be conducted and completed during normal work hours. (c) The employer shall allow the division access to the employer's premises, including remote job sites, and employees during normal work hours to conduct the follow-up inspection. An employer who without good cause refuses to allow the division access to the employer's premises may be served with an order of the commission demanding such access. Failure to comply with the commission order will subject the employer to penalties and sanctions as provided in the Texas Workers' Compensation Act, sec.10.21(b)(3). (d) At the time of the inspection, the division may consider as evidence of compliance information which includes, but is not limited to, visual verification, written policies and procedures, attendance rosters for training programs, employee interviews, and purchase orders or receipts for equipment or services necessary to support the accident prevention plan. sec.164.6. Report of Follow-up Inspection. (a) As soon as practical, but not later than 30 days from the date of inspection, the employer, the safety consultant, and the employer's workers' compensation insurance carrier, if any, shall be provided copies of the report of the follow-up inspection by the division. (b) The report shall be in writing and shall specify whether the employer has, or has not, implemented the accident prevention plan or other acceptable corrective measures approved by the division. (c) If the employer is found not to have implemented the accident prevention plan, the report shall also contain: (1) a notification that the employer's extra-hazardous employer status is being continued; (2) a list of the specific areas of the accident prevention plan which have not been implemented; (3) a list of the specific actions required of the employer to correct the identified deficiencies; and (4) a notice that the matter is being referred to the Division of Compliance and Practices for investigation. sec.164.7. Removal From "Extra-Hazardous Employer" Status. (a) An employer shall be certified for removal from extra-hazardous employer status by the division if the division determines that the employer has complied with the terms of the accident prevention plan or implemented other acceptable corrective measures approved by the division. (b) If the employer has complied with the accident prevention plan but continues to exceed the injury frequency that may reasonably be expected in that employer's business or industry, the employer will be placed in a monitoring status. For purposes of placing an employer in monitor status, "reasonably expected" is defined as: "the employer's expected injuries, 'L', as used in the Poisson probability distribution calculation, for "extra-hazardous employers." Refer to sec.164.1 of this title (relating to Criteria for Identifying Extra-Hazardous Employers) for extra-hazardous employer identification. Determining placement on monitor status will be based on injury data from the most recent 12 months period for which data is available. (c) During the monitoring period, the division: (1) shall monitor injury frequency for trends and review injury causes in relation to the accident prevention plan and direct appropriate abatement measures; (2) may investigate accidents, as appropriate; and (3) may formulate additional accident prevention plans reasonably calculated to abate hazards. (d) If, at the end of a six month monitoring period, an employer continues to exceed the injury frequency that may reasonably be expected in that employer's business or industry, the employer shall be evaluated during the next extra-hazardous employer identification cycle and, if identified, will be required to fulfill all requirements of sec.sec.164.1-164.4 of this title. (e) An employer who fails or refuses to implement accident prevention plans formulated by the division under subsection (c) of this section commits a Class B administrative violation with a penalty not to exceed $5,000 a day. sec.164.9. Approval of Professional Sources For Safety Consultations. (a) An individual seeking to become an approved professional source to provide safety consultations under the Extra-Hazardous Employer Program shall apply to the division. (b) To be approved by the division as a professional source, an individual must have at least five years active practice within the last eight years in the occupational health and safety profession and must meet at least one of the following qualifications: (1) a bachelor's degree in safety, science, or engineering; (2) a professional engineer registered in Texas; (3) a certified safety professional certified by the Board of Certified Safety Professionals (BCSP); (4) a certified industrial hygienist certified by the American Board of Industrial Hygiene (ABIH); (5) a certification by another certifying organization which is approved by the division; or (6) complete a certified training program in accident prevention services approved by the division. At a minimum, a safety training program shall include no less than 800 hours of classroom instruction laboratory instruction, and supervised field training in: safety management practices and techniques; accident analysis; industrial hygiene sampling techniques; industrial health and hygiene; ergonomics; regulations, standards, and codes relating to safety and health; and safety consultation. As a prerequisite to completion, the program must require each participant to take and pass an exam approved by the division of workers' health and safety. (c) Additionally, a total of 10 years active practice in the occupational health and safety profession may qualify an applicant as a professional source. (d) Applicants who meet the requirements of either subsection (b) or (c) of this rule must, in addition, complete a four hour professional source seminar conducted by the division prior to their approval as a professional source. (e) An application form shall be prescribed by the commission which provides specific information for an applicant to request approval as a professional source. (f) An individual who meets the requirements of subsections (b) or (c), and (d) of this section shall be approved as a professional source to provide safety consultations for extra-hazardous employers. Applications will be processed by the division within seven days of receipt of all required documentation. (g) If an applicant is not approved, the division shall notify the applicant in writing and specify the basis of the denial. An applicant may contest denial by requesting a hearing, as provided by Chapter 145 of this title (relating to Dispute Resolution-Hearings Under the Administrative Procedure and Texas Register Act). sec.164.10. Removal From the List of Approved Professional Sources. (a) A safety consultant shall remain on the list of approved professional sources until: (1) the safety consultant's hazard analysis and accident prevention plan development is in conflict with mandatory state and/or federal safety and health standards applicable to the workplace; (2) the safety consultant knowingly gives false or misleading information in any report required under the Extra-Hazardous Employer Program; (3) the safety consultant, without good cause, fails to file the reports required under the Extra-Hazardous Employer Program; or (4) the safety consultant no longer meets the qualifications of an approved professional source under sec.164. 9 of this title (relating to Approval of Professional Sources for Safety Consultations). (b) A safety consultant removed from the list of approved professional sources under subsection (a)(1) or (2) of this section shall not be reinstated on the list. (c) A safety consultant removed from the list of approved professional sources under subsection (a)(3) of this section may apply for reinstatement on the list after a period of one year. (d) A safety consultant removed from the list of approved professional sources under subsection (a)(4) of this section may apply for reinstatement on the list as soon as the consultant satisfies the requirements of sec.164.9. (e) A safety consultant removed from the list of approved professional sources by the commission may contest removal by requesting a hearing, as provided by Chapter 145 of this title (relating to Dispute Resolution-Hearings Under the Administrative Procedure and Texas Register Act). sec.164.11. Request for Safety Consultation From the Division. (a) An employer notified as extra-hazardous may request that the division perform the safety consultation. (b) The request shall be in writing on the form prescribed by the commission and may be delivered to the division by mail, in person, or by telephonic document transfers. The form shall include: (1) the employer's name, address, and telephone number; (2) the name of the contact person at the employer's place of business; and (3) the date the employer received notice of identification as an extra-hazardous employer. (c) The division shall accept only the number of requests that it can serve in the time frames established by the applicable rules and the Texas Workers' Compensation Act, sec.7.04. Priority shall be based on the order in which the requests are received, available consultant expertise in the requesting employer's industry, or extra-hazardous employer status involving multiple fatalities. (d) The division shall notify each employer who requests services whether the division has accepted or rejected the request. The notice shall be in writing, shall be made within three working days of the date the commission received the request, and, it denied, include a list of approved professional sources. 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 August 12, 1991. TRD-9109629 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Effective date: August 2, 1991 Proposal publication date: May 21, 1991 For further information, please call: (512) 440-3972 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter L. Motor Fuels Tax 34 TAC sec.3.196 The Comptroller of Public Accounts adopts an amendment to sec.3.196, concerning reports, due dates, bonding requirements, and qualifications for annual filers, without changes to the proposed text as published in the June 25, 1991, issue of the Texas Register (16 TexReg 3395). The amendment allows permitted interstate truckers, who have elected to file annual reports and file the annual reports after the due date, to request a retroactive change to file reports on a quarterly basis. The amendment requires the filing of the quarterly reports. No comments were received regarding adoption of the amendment. The amendment is adopted under the Tax Code, sec.111.002, which provides the Comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. 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 August 7, 1991 TRD-9109406 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: August 28, 1991 Proposal publication date: June 25, 1991 For further information, please call: (512) 463-4028 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 81. General Provisions Case Management System for Delinquent Youth 37 TAC sec.sec.81.111, 81.113, 81.118 The Texas Youth Commission (TYC) adopts the repeal of sec. s81.111, 81.113, and 81.118, concerning the placement assignment system; the minimum length of stay assigned each youth; and sentenced offender disposition, without changes to the proposed text as published in the July 12, 1991, issue of the Texas Register (16 TexReg 3830). The sections are being repealed to adopt new rules. New sections adopted simultaneously will allow for more efficient use of bedspace. No comments were received regarding adoption of the repeals. The repeals are adopted under the Human Resources Code, s61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to proper accomplishment of its functions. 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 August 9, 1991. TRD-9109575 Ron Jackson Executive Director Texas Youth Commission Effective date: August 30, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 483-5244 The Texas Youth Commission (TYC) adopts the repeal of sec. s81.114, 81.116, 81.117, 81.120, 81.121, and 81.401-81.407, concerning general provisions. Sections 81.114, concerning the levels of restriction for youth committed to TYC; 81.116, concerning the evaluation of the youth's home prior to the release of youth from residential placement; 81.117, concerning procedures for parole release of youth whose parents or closest adult relatives live in Mexico; 81.120, concerning the development of an individual case plan (ICP) for every youth in TYC care based on the individual youth's need for services; 81.121, concerning the levels system used as criteria for youth program completion; 81.401, concerning a uniform discipline system used to teach and manage behavior of youth committed to TYC; 81.402, concerning rules of conduct, contraband, and dress applied to youth; 81.403, concerning procedure for the referral of a youth to criminal court; 81.404, concerning procedure for the reclassification of youth as a consequence; 81.405, concerning procedure for revoking a youth's parole as a consequence; 81.406, concerning procedure by which a youth is given a disciplinary transfer or assigned minimum length of stay consequence; and 81. 407, concerning on-site disciplinary consequences assigned to youth in a residential program for minor violations of rules of conduct are adopted without changes to the proposed text as published in the July 12, 1991, issue of the Texas Register (16 TexReg 3830). The sections are being repealed to adopt new rules. Adoption of new rules simultaneously will provide for more efficient program release procedures and disciplinary sanctions. No comments were received regarding adoption of the repeals. 37 TAC sec.sec.81.114, 81.116, 81.117, 81.120, 81.121 The repeals are adopted under the Human Resources Code, s61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. 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 August 9, 1991. TRD-9109577 Ron Jackson Executive Director Texas Youth Commission Effective date: August 30, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 483-5244 37 TAC sec.81.119 The Texas Youth Commission (TYC) adopts the repeal of sec.81.119, without changes to the proposed text as published in the April 9, 1991, issue of the Texas Register (16 TexReg 2048). The repeal is justified in order to adopt a new section providing a more efficient discharge system for youth committed to the TYC. Adoption of a new rule simultaneously will provide for a more efficient discharge system. No comments were received regarding adoption of the repeal. The repeal is adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to proper accomplishment of its functions. 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 August 9, 1991. TRD-9109576 Ron Jackson Executive Director Texas Youth Commission Effective date: August 30, 1991 Proposal publication date: April 9, 1991 For further information, please call: (512) 483-5244 Disciplinary Practices 37 TAC sec.sec.81.401-81.407 The repeals are adopted under the Human Resources Code, s61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. 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 August 9, 1991. TRD-9109578 Ron Jackson Executive Director Texas Youth Commission Effective date: August 30, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 483-5244 Chapter 85. Admission and Placement Commitment and Reception 37 TAC sec.85.1, sec.85.3 The Texas Youth Commission (TYC) adopts the repeal of sec.85.1, and sec.85.3, concerning legal requirements for admission; and admission process, without changes to the proposed text as published in the July 12, 1991, issue of the Texas Register (16 TexReg 3831). The sections are being repealed to adopt new rules with current requirements. Adoption of new rules simultaneously will provide for more efficient admissions process of youth committed to TYC. No comments were received regarding adoption of the repeals. The repeals are adopted under the Human Resources Code, s61.035 and sec.61. 07, which provides TYC with the authority to establish requirements of admission and examine each child committed to it. 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 August 9, 1991. TRD-9109579 Ron Jackson Executive Director Texas Youth Commission Effective date: August 30, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 483-5244 The Texas Youth Commission (TYC) adopts new sec.sec.85.1, 85.3, 85.27, 85.31, 85.33, and 85.43. Sections 85.3, 85.31, and 85.43, concerning admission process, which adds a reference to sentenced offender; home placement, in which the change eliminates director of community services approval for home placements currently required under certain conditions; and interstate compact for TYC youth, in which the change adds that courtesy supervision of out-of-state youth cannot be rejected on the basis that the offense is not delinquent conduct in Texas are adopted with changes to the proposed text as published in the July 12, 1991, issue of the Texas Register (16 TexReg 3831). Sections 85.1, 85.27, and 85.33 are adopted without changes and will not be republished. The new rules will update current procedures. Adoption of new sections simultaneously will provide more efficient reception and evaluation processes. No comments were received regarding adoption of the new sections. The new sections are adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. 37 TAC sec.85.3 sec.85.3. Admission Process. (a) Policy. Intake activities, including receipt of the youth from the committing county and orienting the youth to new surroundings, are performed by Texas Youth Commission (TYC) intake programs mobile diagnostic team and the statewide reception center. Each newly committed youth is assigned an official TYC registration number by the statewide reception center. (b) Rules. (1) Admission by the mobile diagnostic team. (A) The South Texas mobile diagnostic team serves youth committed by the following counties: [graphic] (B) Committed youth are held by the committing county until the mobile diagnostic team arrives to conduct assessments and take receipt of youth except youth sent directly to the statewide reception center including any youth: (i) sentenced; or (ii) committed or a violent offense; or (iii) committed by a county unable to detain the youth until the mobile diagnostic team can arrive. (C) The team conducts initial assessment of the youth in the detention center except for physical examinations. (D) Orientation to the admission process and the TYC system is provided and documented as required in General Operating Policy (GOP).53.03 sec.87.55 of this title (relating to Youth Orientation). (E) The youth is transported to his or her assigned placement by the committing county. (F) Mobile diagnostic staff identifies the home parole officer through the agency assignment system based on zip code area. The staff forwards to the home parole officer, within five working days of admission, the following: (i) copy of the court order; (ii) copy of the Common Application (CCF-002); (iii) county social summary; and (iv) immediate notification when a youth is stating that he or she refuses to live at home when residential placement is complete. (G) The placement program completes the following admission activities. (i) Each youth and his possessions are searched. (ii) Youth property is inventoried. (iii) Each youth showers and receives hair care and treatment as needed. (iv) Clothing is inventoried and laundered if necessary. Clothing is issued as necessary in compliance with GOP.55.03 sec.87.73 of this title (relating to Clothing). (v) Personal hygiene articles are made available as needed. (H) Immediately following placement, the youth's parents are advised of the placement and are provided information on mail procedures and advised to contact the placement for visiting procedures. (I) The region notifies the parole officer, judge, prosecuting attorney, chief probation officer, and others as needed of the placement. (2) Admission to the statewide reception center. (A) The statewide reception center in Brownwood receives youth committed to TYC five days per week, between 8 a.m. and 5 p.m. Youth may be received after 5 p.m. only if prior arrangements are made. (B) Youth are allowed to have a limited number of personal possessions while at the reception center. Personal items beyond basic necessities are inventoried and returned to the county transporter. The transporter is asked to sign a receipt for items returned to his care. Items a youth is allowed to keep are inventoried and a receipt issued to the transporter. (C) Parents are notified of youth's admission and advised of procedures for mail and visits. (D) Staff completes personal data and commitment information. (E) A youth is assigned to a dormitory and caseworker. (F) Orientation to the admissions process and the TYC system is provided and documented as required in GOP.53.05 s87.55. (G) Routine admission procedures include, but are not limited, to the following. (i) Each youth and his possessions are searched. (ii) Youth property including clothing is inventoried. (iii) Each youth showers, is screened for pediculosis and receives treatment as needed. (iv) Clothing is laundered if necessary. Clothing is issued as necessary. (v) Personal hygiene articles are made available as needed. (vi) Initial health screening is performed for each youth. (H) In addition to assessment and placement activities, the statewide reception center provides a program including recreation, education, and counseling. (I) Reception staff identifies the home parole officer according to the agency assignment system based on zip code area. The staff forwards to the home parole officer, within five working days of admission, the following: (i) copy of the court order; (ii) copy of the Common Application (CCF-002); (iii) county social summary; and (iv) immediate notification when a youth is stating that he or she refuses to live at home when residential placement is complete. (J) Reception staff transports youth to their initial placements and notifies the youth's families, the region parole officer, judge, prosecuting attorney, chief probation officer, and others as needed of the placement location. 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 August 9, 1991. TRD-9109569 Ron Jackson Executive Director Texas Youth Commission Effective date: August 30, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 483-5244 Placement Planning 37 TAC sec.sec.85.21, 85.23, 85.25, 85.29, 85.35 The Texas Youth Commission (TYC) adopts new sec.sec.85.21, 85.23, 85.25, 85.29, and 85.35, concerning admission and placement. Sections 85.21, 85.23, 85.29, and 85.35 are adopted with changes the proposed text as published on the July 12, 1991, issue of Texas Register (16 TexReg 3833). Section 85.25 is adopted without changes and will not be republished. New sections are justified in order to maintain basic services within current budgeted cost per day limitations by shortening minimum length of stay requirements in residential programs. TYC is adopting new classifications for youth committed to the agency which will assist in identifying high risk youth. High risk youth are assigned to placements with greater restrictions and longer length of stay requirements than are lower risk youth. Section sec.85.21, concerning the assessment and placement process, changes the requirement from placing sentenced offender youth in maximum or high security to placing them in a TYC perimeter secure facility which is a TYC fenced facility; sec.85.23, concerning the procedures for classification of individual youth, includes in the definition of firearms offender the condition that the court or a TYC, hearings examiner find that the youth possessed a firearm during an offense; sec.85.29, concerning criteria and procedures for program completion and movement of youth committed to TYC, is revised to include special rules for sentenced offenders; and sec.85.35, concerning the release hearing for sentenced offenders, is revised to exclude information not directly related to court hearings and discharge. No comments were received regarding adoption of the new sections. The new sections are adopted under the Human Resources Code, sec.61.075, which provides the Texas Youth Commission with the authority to determine the most appropriate placement and treatment of youth. sec.85.21. Program Assignment System. (a) Policy. The Texas Youth Commission (TYC) utilizes an objective, equitable system of program assignment for each youth in TYC care. Based on each youth's age, offense(s), and risk level, TYC has predetermined the most appropriate level of restriction and minimum length of stay. Services provided by each program are matched with youth service needs to determine the most appropriate program placement. The assessment and placement process provides Current information on individual youth needs. Male and female youth have equal access to agency programs and activities. (b) Rules. (1) Guiding principles. TYC's development of the system of program assignments is based on the following. (A) Program placements are in the least restrictive, most appropriate and available placement. (B) Among program placement alternatives which each provide the required services and level of restriction, the placement selected is the one closest to the youth's home. (2) Placement system factors. The program placement system incorporates the following factors. (A) Classification is determined by the classifying offense and a finding regarding extenuating circumstances. (B) The minimum length of stay is designated by the classification. See General Operating Policy (GOP).47.05, sec.85.25 of this title (relating to Minimum Length of Stay). (C) Special consideration is given to the placement of youth under the age of 13. (D) Risk is assessed and used as a guideline in designating placement. (E) The level of restriction required of the placement selected is determined by classification, age, and risk level. See GOP.47.07, sec.85.27 of this title (relating to Program Restriction Levels). (F) The youth's assessed service needs are used to select a placement within the required level of restriction. (G) See paragraph (5) of this subsection for waivers and exceptions to the placement system factors. (3) System description. The determining factors and guiding principles result in the following initial placement determinations. (A) A sentenced offender is assigned a minimum length of stay equal to the court sentence or time until transfer, or recommitment, or discharge and, regardless of age, with any risk level, is assigned to a TYC perimeter secure facility. (B) A Type A violent offender is assigned a minimum length of stay of 24-48 months as set by the executive director and if 13 years or older, with any risk level, is assigned to a program of maximum restriction. (C) A Type A violent offender is assigned a minimum length of stay of 24-48 months as set by the executive director and if younger than 13 years, with any risk level, is assigned to a program of high restriction. (D) A Type B violent offender classified for conspiracy to commit murder or capital murder; or solicitation of murder or capital murder; is assigned a minimum length of stay of 12 months and if 13 years or older, with any risk level, is assigned to a program of maximum or high restriction. (E) A Type B violent offender classified for conspiracy to commit murder or capital murder; or solicitation of murder or capital murder; is assigned a minimum length of stay of 12 months and if younger than 13 years, with any risk level, is assigned to a program of high restriction. (F) A Type B violent offender is assigned a minimum length of stay of nine months and if 13 years or older, with any risk level, is assigned to a program of maximum or high restriction. (G) A Type B violent offender is assigned a minimum length of stay of nine months and if younger than 13 years, with any risk level, is assigned to a program of medium restriction. (H) A chronic serious offender is assigned a minimum length of stay of six months and if 13 years or older, with any risk level, is assigned to a program of high restriction. (I) A chronic serious offender is assigned a minimum length of stay of six months and if younger than 13 years, with any risk level, is assigned to a program of medium restriction. (J) A controlled substances dealer is assigned a minimum length of stay of six months and if 13 years or older, with any risk level, is assigned to a program of high restriction. (K) A controlled substances dealer is assigned a minimum length of stay of six months and if younger than 13 years, with any risk level, is assigned to a program of medium restriction. (L) A firearms offender is not assigned a minimum length of stay and if 13 years or older, with any risk level, is assigned to a program of high restriction. (M) A firearms offender is not assigned a minimum length of stay and if younger than 13 years, with any risk level, is assigned to a program of medium restriction. (N) A general offender is not assigned a minimum length of stay and if 13 years or older, with a high risk level, is assigned to a program of high restriction. (O) A general offender is not assigned a minimum length of stay and if 13 years or older, with a medium risk level, is assigned to a program of medium restriction. (P) A general offender is not assigned a minimum length of stay and if 13 years or older, with a low risk level, is assigned to a program of minimum restriction. (Q) A general offender is not assigned a minimum length of stay and if younger than 13 years, with a high or medium risk level, is assigned to a program of medium restriction. (R) A general offender is not assigned a minimum length of stay and if younger than 13 years, with a low risk level, is assigned to a program of minimum restriction. (S) A violator of conduct indicating a need for supervision (CINS) probation is not assigned a minimum length of stay and regardless of age, with high or medium risk level, is assigned to a program of medium restriction. (T) A violator of CINS probation is not assigned a minimum length of stay and regardless of age, with low risk level, is assigned to a program of minimum restriction. (4) Responsibility. The specific program placement selection for each youth is the responsibility of the Statewide Reception Center for TYC training school placements; the south region assessment team for youth placed in Evins Regional Juvenile Center in the south region; and centralized placement unit for all other placements. Specific selection is based on: (A) programs available which can meet determined service needs and do so within the restrictions of placement assignment matrix; (B) a program's proximity to the youth's home; and (C) a recommendation by the previous program staff, if applicable. (5) Waivers and exceptions. Waivers and exceptions may be granted under special circumstances. (A) A placement designation, except that of sentenced offender or Type A violent offender, which is a disposition to a more restrictive placement following a disciplinary hearing or a placement designation following initial reception center evaluation may be waived by the reception center superintendent when a youth is qualified. A designated placement may be waived in order to provide specialized treatment not available in the designated placement when it is determined a youth: is physically handicapped; has a special medical condition; or (3) is emotionally disturbed, if such condition would prevent the youth from functioning in the designated placement. The waiver is effective for the period of time necessary to stabilize the youth or to treat the condition as long as the condition inhibits the youth's ability to function in the designated placement. (B) Any placement designation except those of sentenced offenders and Type A violent offenders may be waived by the reception center superintendent when population is at or above established capacity. (C) Any designated placement may be waived or the youth moved to any other placement if requested by the superintendent where the youth is located and granted by the executive director or designee. (D) For waiver of classification, see GOP.47.03, sec.85.23 of this title (relating to Classification). (E) For movement for population control see GOP.47.09, sec.85.29 of this title (relating to Program Completion and Movement). (6) Parent notification. Parents/guardians are notified of all placements. sec.85.23. Classification. (a) Policy. Classification is based on the youth's offense history, the classifying offense, and a finding regarding extenuating circumstances incident to the classifying offense. A youth who commits an offense while in Texas Youth Commission (TYC) custody may be administratively reclassified through a Level I hearing. (b) Explanation of terms used. (1) Classifying offense. The classifying offense is the most serious of the relevant offenses documented in the youth's record. Relevant offenses are: (A) on commitment, the committing offense and any offense(s) for which the youth was on probation at the time of the committing offense; or (B) following a Level I hearing, the offense(s) found at the hearing. (2) Committing offense. The committing offense is the most serious of the offenses found at the youth's most recent judicial adjudication. (3) Most serious offense. The most serious offense is determined according to the following hierarchy, with each subsequent factor being considered only if two or more relevant offenses yield the same result under the preceding factor. If two or more offenses yield the same results through all steps of the hierarchy, determination of the most serious offense is left to the discretion of the staff assigning classification: (A) an offense which carries a determinate sentence; (B) the offense for which the designated minimum length of stay will produce the longest time in the physical custody of TYC; (C) the offense which requires the highest level of restriction in placement; (D) the offense which carries the most severe criminal penalty; and (E) the most recently adjudicated offense. (c) Rules. (1) Classifications. (A) Sentenced offender. A sentenced offender is a youth committed to TYC pursuant to the Family Code, sec.54.04(d)(3) or sec.54.05(f) : (i) murder, sec.19.02, all; (ii) capital murder, s19.03, all; (iii) aggravated kidnapping, sec.20.04, all; (iv) aggravated sexual assault, sec.22.021, all; (v) deadly assault on a law enforcement officer, corrections officer, or court participant, sec.22.03, all; (vi) criminal attempt, s15.01, only if the offense attempted was Capital Murder (sec.19.03). (B) Type A-violent offender. A Type A violent offender is a youth whose classifying offense is one of the offenses listed in this subparagraph and who has not been sentenced to commitment in TYC. TYC adopts the Texas Penal Code definition (Title 5) for each offense in its entirety except where TYC policy limits the applicability to the specific subsections or under the conditions named: (i) murder, sec.19.02, all; (ii) capital murder, s19.03, all; (iii) voluntary manslaughter, sec.19.04, all; (iv) criminal attempt, s15.01, only if the offense attempted was Capital Murder (sec.19.03) or murder ( s19.02). (C) Type B-violent offender. A Type B violent offender is a youth whose classifying offense is the commission, attempted commission, conspiracy to commit, or solicitation of one of the offenses listed in this subparagraph and who has not been sentenced to commitment in TYC. TYC adopts the Texas Penal Code definition (Titles 5 and 7) for each offense in clauses (i)-(xvii) of this subparagraph in its entirety except where TYC policy limits the applicability to specific subsections or under the conditions named: (i) murder, sec.19.02, conspiracy or solicitation only; (ii) capital murder, s19.03, conspiracy or solicitation only; (iii) voluntary manslaughter, sec.19.04, attempts, conspiracy or solicitation only; (iv) involuntary manslaughter, sec.19.05, all; (v) kidnapping, sec.20.03, all; (vi) aggravated kidnapping, sec.20.04, all; (vii) sexual assault, s22.011, all; (viii) intentionally exposing another, sec.22.012, all to AIDS or HIV; (ix) aggravated assault, sec.22.02, only causing serious bodily injury, or involving use of a deadly weapon; (x) aggravated sexual assault, sec.22.021, all; (xi) deadly assault on a law officer, sec.22.03, all enforcement or corrections officer or court participant; (xii) injury to child or, sec.22.04, first degree elderly individual felony only; (xiii) aiding suicide, s22.08, felony only; (xiv) tampering with a consumer product, sec.22.09, first and second degree felony only; (xv) arson, sec.28.0, all; (xvi) aggravated robbery, sec.29.03, all; (xvii) burglary, sec.30.02, only with intent to commit any other violent offense defined in this subparagraph; (xviiii) intentionally, knowingly, or recklessly causing bodily injury to a TYC staff member if the assault: (I) is incident to and in furtherance of an escape; or (II) involves the use of a deadly weapon; or (III) causes serious bodily injury; or (IV) appears from evidence to have been the result of planning; or (V) appears from evidence to have been the result of concerted action by more than one youth; or (VI) is deliberate, unprovoked, and causes bodily injury requiring medical attention. (D) Chronic serious offender. A chronic serious offender is a youth whose classifying offense is a felony and who has been found to have committed at least one felony in each of at least three separate and distinct due process hearings, where the second felony was committed after the disposition of the first felony and the third felony was committed after the disposition of the second felony. (E) Controlled substances dealer. A controlled substances dealer is a youth whose classifying offense is any felony grade offense defined as a manufacture or delivery offense under the Texas Controlled Substances Act, Chapter 481, Health and Safety Code. (F) Firearms offender. A firearms offender is a youth whose classifying offense involved a finding by the court or TYC hearings examiner that the youth possessed a firearm during the offense. Classifying offenses for this classification are not limited to offenses specified in the Texas Penal Code, Chapter 46. (G) Violator of conduct indicating a need for supervision (CINS) probation. A violator of CINS probation is a youth who: (i) is committed for violating terms of probation by an act which would not be punishable by imprisonment or confinement in jail if committed by an adult; and (ii) was on probation at the time of the probation revocation for no act more serious than CINS defined in the Texas Family Code, Title 3. (H) General offender. A general offender is a youth who is not eligible for any other classification. (2) Extenuating circumstances. (A) The staff assigning classification will consider any extenuating circumstances incident to the classifying offense. (B) Extenuating circumstances incident to a violent offense are those facts which indicate that the youth is not a significant danger to the physical or emotional well-being of another. Examples of such facts include, but are not limited to: (i) the youth was an indirect or passive participant in a violent act; (ii) the youth set fire to an abandoned vehicle; (iii) the youth engaged in consensual sexual intercourse with someone who was capable of appraising the nature of that act and of resisting it. (C) Extenuating circumstances incident to offenses other than violent offenses are those facts which explain a youth's conduct but do not constitute a legally-recognized defense to the conduct. Examples of such facts include, but are not limited to, acts in which: (i) the only property involved in the offense was of minimal value and was returned undamaged to its owner; (ii) the only bodily injury intended or inflicted by the youth consisted of brief or minor discomfort; (iii) the youth's conduct was an impulsive response to perceived provocation and posed no threat to persons or property; (iv) the youth was persuaded to participate in the offense by a parent or other authority figure. (D) When extenuating circumstances incident to the classifying offense are found, the designated classification may be waived. (3) Waivers. (A) A designated classification, except sentenced offender, may be waived and a less restrictive classification assigned when a waiver is requested by the youth assessment panel and granted by the executive director or his designee. (i) The assessment panel may request a waiver when, in the professional judgment of its members, a youth's needs can best be met by such a waiver. (ii) The assessment panel will always consider requesting a waiver when a youth's classifying offense is a violent offense and there are extenuating circumstances incident to the offense. (B) A designated classification except sentenced offender may be waived and a less restrictive classification assigned by a TYC hearings examiner at a TYC Level I due process hearing when the hearings examiner finds extenuating circumstances. (C) When a designated classification is waived, the youth will be assigned the classification with the longest minimum length of stay from among the remaining applicable classifications. sec.85.29. Program Completion and Movement. (a) Policy. The Texas Youth Commission (TYC) uses specific objective criteria to determine when a youth has completed a program and is eligible to be released home or to another program. Progress toward successful completion of criteria is evaluated at specific regular intervals. When criteria are substantially completed, the youth attains parole status and is moved to his or her home. When certain criteria are met but completion of required criteria is not possible or is not desirable in the current placement program, the youth is moved to a follow-up placement where completion is possible. TYC does not accept the presence of a detainer as an automatic bar to earned release. The agency releases a youth to authorities pursuant to a warrant. Additional procedures and restrictions are applied prior to the release on parole from TYC facilities for all sentenced offender youth. See General Operating Policy (GOP).47.15, sec.85.35 of this title (relating to Sentenced Offender Disposition). Youth may be moved to a placement of equal or more restriction as a disciplinary consequence. Each of these and other types of placement changes are subject to policies in this chapter and in the Disciplinary Practices chapter, GOP.63. (b) Rules. (1) Program completion criteria. (A) Youth become eligible for program release and parole status when the following criteria are met: (i) completion of the minimum length of stay; (ii) completion of required individual case plan (ICP) objectives; and (iii) no major violations of rules of conduct within 30 days: (I) prior to the case review to determine eligibility for parole release; and (II) prior to the actual release. (B) TYC program staff where the youth is assigned determine when criteria have been met. (C) Program completion criteria are explained to every youth through the youth handbook and during orientation to each placement. (2) Sentenced offender treatment. Due to the nature of determinate sentences, some rules governing the classification, placement, release, follow-up, parole status, and disciplinary movement of TYC youth must be applied differently to sentenced offenders. (A) Classification. A youth classified at commitment as a sentenced offender retains that classification as long as the youth remains in the custody of TYC as a result of that commitment. See GOP.47.03, sec.85.23 of this title (relating to Classification). (B) Initial placement. All sentenced offenders are assigned to TYC-operated perimeter-secure facilities unless the executive director waives such placement for a particular youth in compliance with GOP.47. 01, section sec.85.21 of this title (relating to Program Assignment System). (C) Movement and parole. Sentenced offenders who meet program completion criteria for release on follow-up or parole may not be released without proper authorization. (i) Prior to a sentenced offender's 18th birthday, a youth may be placed in an appropriate follow-up program if approved by the deputy executive director. A follow-up placement may be to any location other than home or home substitute. (ii) When a juvenile court orders that a sentenced offender be released under supervision, the youth shall be released on follow-up or parole, as appropriate to the youth's progress at the time of the court's order. (iii) When the juvenile court orders that a sentenced offender be recommitted to TYC without a determinate sentence, the youth's eligibility for release on parole or follow-up shall be governed by the release criteria and procedures for the classification the youth would have received if not a sentenced offender. (D) Disciplinary movement. A sentenced offender may be assigned to any appropriate placement, including a maximum restriction facility, following a disciplinary hearing. The appropriate placement is selected according to the totality of the circumstances, including the youth's age, sentencing offense, length of time and progress in TYC custody, and the nature of the misconduct for which the youth is being disciplined. (E) Release exceptions. Sentenced offenders will be considered for release under a hardship or for population control only if: (i) the youth is less than 18 years of age and the release is approved by the committing court; or (ii) the youth is 18 years of age or older and meets the exception criteria for the classification the youth would have received if not a sentenced offender. (3) Release review requirements. (A) A release review is held specifically to evaluate a youth's status in meeting all program completion criteria and thus his or her release and parole status eligibility. Release reviews are held on the following schedule: (i) for youth in TYC operated residential programs as an initial placement, i.e., on commitment, recommitment, or following a disciplinary movement: (I) every 90 days; and (II) within 30 days prior to completion of minimum length of stay; and/or (III) within 30 days prior to release; (ii) for youth in TYC operated residential programs as a follow-up placement or in a TYC contract program, every 30 days. (B) If, at the release review, it is determined the youth has not completed all criteria and that substantial completion is possible in the current program, the youth continues in the current program. (C) If, at the release review, it is determined the youth has not completed all criteria and that completion may be more appropriate in a different placement, follow-up placement is considered and the objective(s) not met is documented. (D) If, at the release review, it is determined the youth has completed all required program completion criteria, a date of release and parole is set for within 30 days. (4) Criteria incomplete-follow-up movement procedures. (A) A youth may be released to a follow-up placement when at a release review, program staff finds and documents that: (i) the youth has met all program completion criteria except required ICP objective(s) and that a follow-up program is a more appropriate placement in which the youth can meet remaining objective(s); or (ii) the youth is not a Type A violent offender and has met program completion criteria except required minimum length of stay and required ICP objective(s) and that a follow-up program is a more appropriate placement in which the youth can meet remaining objective(s). The youth is required to complete the minimum length of stay in the follow-up placement. A youth who may be considered is one who: (I) has been in initial placement at least four months; (II) has made substantial progress on ICP objectives; and (III) is low risk according to the parole risk assessment. (B) A follow-up placement is always of equal or less restriction than the youth's current placement. (C) A youth may request and in doing so will be granted a Level II (transfer) hearing prior to the release movement. (5) Criteria complete-parole release procedures. (A) If, at a release review, it is determined the youth has completed all required program completion criteria, the youth is released to his home or home substitute within 30 days unless such movement is not possible according to GOP.47.11, sec.85.31 of this title (relating to Home Placement). If a youth's release to his home or home substitute is not immediately possible, he is released as soon as possible. If a youth in a maximum or high restriction program has not been placed within 30 days of determining that criteria have been met, he is moved to a temporary placement. (B) Release of Type A violent offenders must be approved by the executive director. A release packet includes the ICP, record of progress through the level system, record of major rules violations, the home evaluation, parole plan, a current psychiatric and/or psychological report, and the institutional superintendent's and director of institutions' recommendations and justifications. The executive director notifies the youth, superintendent, and director of institutions in writing of the decision. If release is denied, the executive director indicates a date for resubmitting the release packet. (C) A youth may request and in doing so will be granted a Level II (transfer) hearing prior to the release movement. (D) When it is determined that a youth will be paroled out of state upon completion of the program, see GOP.47.23, s85.43 of this title (relating to Interstate Compact for TYC Youth). Arrangements for out-of-state supervision require a minimum of six to eight weeks to complete. (6) Parole-earned and granted. (A) Parole status means that a youth, having attained parole status, shall not be moved into a placement of maximum or high restriction without a Level I hearing. A youth either earns parole status or is granted parole status under specific conditions. (B) A youth earns parole status when he is deemed to have substantially completed all program completion criteria. When a youth has earned parole status and release is pending, he attains parole status in the current program prior to the release unless he is in a high or maximum restriction program, in which case he attains parole status on leaving the facility. (C) If a youth does not earn parole status, he is granted parole status in the following circumstances. (i) A youth in a follow-up program who has not earned parole, by meeting release criteria, attains parole status automatically when he has been in follow-up for six consecutive months after release to the first follow-up program. Parole status is automatically attained in six months: (I) regardless of progress toward completion of ICP objectives in the follow-up plan; (II) regardless of the number of consecutive follow-up placements the youth has been in since the first follow-up placement; and (III) if the youth has not been moved to any placement as a disciplinary move since his placement in the first follow-up program. (ii) A youth whose initial placement is a minimum restriction level facility because his needs are primarily for basic care, shall attain parole status after completion of six months if the youth has not been moved to any other placement as a disciplinary move. (7) Disciplinary movements. (A) A disciplinary movement is the movement of a youth, following appropriate due process, as a consequence of violation of rule(s). Disciplinary movements are always to placements of equal or more restriction than the current placement, as defined by GOP.47.07, sec.85.27 of this title (relating to Program Restriction Levels). (B) Disciplinary movements and assigned minimum lengths of stay must be justified through an appropriate due process hearing. See chapter on disciplinary practices. (C) Any disciplinary movement requires that a new set of program completion criteria be developed in the new placement which must be met prior to release from the new program. (D) When a youth in a follow-up program is assessed a disciplinary movement, he loses credit for the time spent in follow-up program(s). The six-month time count begins again if, upon completion of the necessary program completion criteria, the youth is assigned to a different follow-up program. (E) In accordance with disciplinary policies, a disciplinary movement justified through a due process hearing may not always physically occur. When a youth in a follow-up program is held in the same program and assigned a minimum length of stay in lieu of a transfer, the program is no longer considered a follow-up program. When this occurs, a new set of program completion criteria is assigned and any accumulated follow-up time is lost just as it would be if the youth had physically moved. (8) Six-month justification. Retention of a youth in any community residential placement beyond six months must be justified to and approved by the regional director. Retention of a youth in order to complete a minimum length of stay is adequate justification. (9) Release exceptions in hardship cases. Youth may be released and paroled home without meeting completion criteria in hardship cases upon the recommendation by parole staff. Release in hardship cases requires approval of the executive director if the youth is a Type A violent offender, or of the deputy executive director for any other classification. (10) Release exceptions to control population. When necessary to control population and/or manage available funds concerning youth in residential placement, the deputy executive director may approve one or more of following options. Youth, except Type A violent offenders, may be: (A) moved into similar residential placements of equal restriction without meeting completion criteria when early release or movement to a less restrictive placement is not indicated, but movement is necessary to manage available funds; or (B) released early without meeting completion criteria when population is at or above established capacity. Youth who have completed the minimum length of stay and are low risk are released first. In general, youth who are closest to completing criteria may be released next; however, Type B violent, chronic serious, and controlled substance dealer offenders must meet the following criteria: (i) completion of a portion of the minimum length of stay: (I) if 12 months, complete nine months; (II) if nine months, complete seven months; (III) if six months, complete five months. (ii) substantial completion of ICP objectives; (iii) no major violations of rules of conduct within 30 days prior to consideration for waiver and prior to the actual release; and (iv) recommendation by superintendent. (11) Notification. (A) Parents or guardians are notified prior to all movements. (B) Send original Notification to the Juvenile Court, CCF-181, to the committing juvenile judge and copies to the prosecuting attorney and parole officer no later than 15 days prior to the youth's: (i) release under supervision (release to youth's home or home substitute whether paroled or as follow-up); (ii) authorization for an absence from custody (out-of-state placement); or (iii) discharge. (C) Send original Notification to Chief Juvenile Probation Officer, CCF-185 to the county chief juvenile probation officer in the county to which the youth is being moved (any placement other than into an institution) within 10 days of the placement. sec.85.35. Sentenced Offender Disposition. (a) Policy. Youth who are sentenced to commitment in the Texas Youth Commission (TYC) with a transfer to the Texas Department of Criminal Justice (TDCJ) for a term of years (sentenced offenders) are subject to a release hearing by the court just prior to their 18th birthdays to consider the youth's disposition when a youth's sentence will not be completed prior to the youth's 18th birthday. (b) Rules. (1) Court hearing preparation. (A) During the sixth month before the month in which the youth will turn 18 years old prior to completing sentence, the TYC program administrator of the youth's placement sends the committing court "notice of transfer to TDCJ." (B) The committing court sets a date for a hearing on the notice of transfer and notifies all parties. (C) Prior to the hearing on the notice of transfer, the staff of the youth's placement shall review all relevant records and reports concerning the youth, and at least 14 days prior to the hearing, recommend to the executive director the most appropriate disposition. The executive director shall determine the disposition to be recommended to the court. (D) The deputy executive director appoints appropriate TYC staff to represent TYC at the hearing. (2) Youth under 1987 sentencing law. (A) This section applies to youth committed to TYC under determinate sentences for conduct that occurred on or after September 1, 1987, and before September 1, 1991. (B) On conclusion of the transfer hearing, the court will order: (i) release under supervision; or (ii) transfer to TDCJ. (C) A youth residing in an any program other than the maximum restriction facility at the time of a court order directing the youth's transfer to TDCJ will be moved to the maximum restriction facility for the time remaining before the youth's transfer at age 18. (3) Youth under 1991 sentencing law. (A) This section applies to youth committed to TYC under determinate sentences for conduct that occurred on or after September 1, 1991. (B) On conclusion of the hearing, the court will order: (i) recommitment to TYC without a determinate sentence; (ii) transfer to TDCJ; or (iii) final discharge. (C) On entry of an order that the youth be transferred to TDCJ, the youth is immediately transported and transferred to TDCJ. (4) Discharge. Sentenced youth are discharged: (i) if ordered by the court; (ii) on the 21st birthday; (iii) prior to age 18 with approval of the committing court; or (iv) on the day the sentence is completed, including the time spent in detention in connection with the offense plus time spent at TYC under the order of commitment. 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 August 9, 1991. TRD-9109570 Ron Jackson Executive Director Texas Youth Commission Effective date: August 30, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 483-5244 37 TAC sec.85.23, sec.85.29 The Texas Youth Commission (TYC) adopts the repeal of sec.85.23 and sec.85.29, concerning the procedures for classification of individual youth; and criteria and procedures for program completion and movement of youth committed to TYC, without changes to the proposed text as published in the July 12, 1991, issue of the Texas Register (16 TexReg 3839). The sections are being repealed to adopt new rules. Adoption of new rules simultaneously will provide more efficient classification, program completion, and movement of youth committed to TYC. No comments were received regarding adoption of the repeals. The repeals are adopted under the Human Resources Code, s61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. 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 August 9, 1991. TRD-9109580 Ron Jackson Executive Director Texas Youth Commission Effective date: August 30, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 483-5244 37 TAC sec.sec.85.27, 85.31, 85.33, 85.43 The new sections are adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. sec.85.31. Home Placement. (a) Policy. (1) The Texas Youth Commission (TYC) staff evaluates each youth's home to determine whether the home is approved or disapproved for placement and whether the youth will be returned to his or her home upon release from residential placement. A youth's home is considered approved for placement unless one or more of the following disapproval criteria exists, and can be documented: (A) physical abuse; (B) sexual abuse; (C) physical absence of parent caretaker due to criminal incarceration or physical/psychiatric hospitalization; (D) serious physical/survival neglect; (E) legal termination of parental rights. (2) Youth with approved homes with no placement objection are placed in their homes. Youth with approved homes but with a placement objection may or may not be placed in their homes. Youth with disapproved home placements are not placed in their homes. Emergency furloughs of youth with a current disapproved home or pending evaluation status may be granted if necessary. Administrative furloughs are prohibited. (3) The home evaluation process is applied to the home of each youth's legal parent(s), or guardian or relative who has volunteered to have the youth placed in his home. Nonrelatives are not considered for placement through this process. Incidents of a parent refusing to accept supervision of his child and/or incidents of a TYC youth claiming abuse in his home are reported to the Child Protective Services Division of the Texas Department of Human Services. (b) Rules. (1) When a home evaluation is conducted. (A) Immediately upon admission, the mobile diagnostic team or reception center staff sends the home parole officer: (i) a copy of the court order; (ii) a copy of the Common Application, Form CCF-002; (iii) a copy of the social summary if received from the county; (iv) notification when a youth is refusing to live at home when residential placement is complete. See paragraph (3)(A)of this subsection. (B) From the date of admission to TYC the parole officer completes initial home evaluations for: (i) 85% of caseload within 21 days; (ii) 95% of caseload within 45 days; or (iii) makes and documents at least three assertive attempts to conduct the evaluation within that time. (C) When the initial evaluation cannot be completed within the 45-day period, the evaluation is designated as pending and follow-up attempts are made and documented at intervals no greater than 30 days until the evaluation is completed. (D) A completed home evaluation is considered current for any youth released to his home within six months of the date of arrival at the initial placement. (i) For all youth except violent offenders, a follow-up evaluation is conducted prior to completion of the six months. (ii) For all violent offenders, a follow-up evaluation is conducted 12 months after the date of the initial placement and/or 60 days prior to the youth's projected release date, whichever is sooner. (E) The institution is responsible for notifying the parole officer of a violent offender's projected release date. (F) When new evidence or special circumstances warrant, a youth's primary service worker (PSW) can request that a follow-up home evaluation be conducted. (2) Home evaluation status. (A) All completed home evaluations are either approved or disapproved as the youth's home placement but may, prior to completion, temporarily be in a pending status. By 45 days after the required documentation is received, each home evaluation carries one of the following designations. (i) Approved home placement-investigation indicates conditions which could facilitate the rehabilitative adjustment of the youth. (ii) Disapproved home placement-investigation indicates conditions which would impede the rehabilitative adjustment or threaten safety of the youth. (iii) Pending home placement-a temporary status meaning the investigation has not yet been completed but that required attempts have been made and will continue to be made until the evaluation has been completed and the home is either approved or disapproved. (B) The home placement status can be changed only as a result of a follow-up home evaluation by the assigned parole officer. (3) Approved home-placement objection. (A) A youth's home is said to have a placement objection when none of the criteria for disapproval of the home exists but: (i) the parent states that he or she cannot or will not supervise the youth; or (ii) the parent states that the youth is not welcome in the home; or (iii) the youth states that he or she will not remain in the home if returned to the home on completion of assigned program. (B) When a placement objection occurs, the parole officer assesses specific considerations and determines whether, in his best professional judgment, to recommend placement in the home, placement with a relative, or placement elsewhere. Specific considerations are: (i) the age, maturity, physical size, and ability of the youth to protect or care for himself should the need arise; (ii) the psychological/emotional level of the youth as indicated in psychological and psychiatric evaluations, social summaries, behavioral progress reports, and diagnostic evaluations; (iii) whether either or both the parent and the youth are stating a desire or willingness to seek professional assistance in resolving their conflicts; (iv) whether the youth is claiming the existence of abuse or neglect in the home to self or to siblings; and (v) whether the youth's offense record/committing offense indicates a strong behavioral risk. If the offenses are primarily against persons, extensive review of the youth's behavior/discipline record while in residence with TYC is conducted. (4) Supervision in placement. (A) Youth returned home who have no placement objection on their approved home placement evaluation, are supervised according to General Operating Policy (GOP). 49.23, sec.87.23 of this title (relating to Supervision Levels in Parole Home Placement). (B) Youth returned home who have a placement objection on their approved home evaluation, are supervised by the assigned parole officer according to the following special supervision procedures in addition to the individual supervision levels. (i) The placement objection is considered in the risk/needs assessment and may be used to justify a higher level of supervision than the risk/need instrument indicates. (ii) The individual case plan includes all specific conditions of placement and all planned activities to assist the family in resolving conflicts and other problems. (5) Disapproved home placement. (A) A parent(s) whose child will not be returning home is asked to assist in locating a relative who might be willing to have the youth placed in his home. If the home of the relative is approved, a youth may be placed in the home unless the managing conservator strongly objects to such placement in which case alternatives are sought. (B) When a suitable relative cannot be located, the assigned casemanager is informed and alternative placement is sought. (6) Documentation. (A) Disapproval of a home should be supported by evidence which includes written documentation of relevant problems found by another agency, e.g., the County Juvenile Probation Department, Texas Department of Human Services, police departments, hospital reports, etc. When adequate support documentation is not found in the youth's file, the appropriate agency should be contacted for additional information. If there is no documentation by another agency to support disapproval but the evaluating parole officer finds reason to believe that disapproval criteria are present, the parole officer documents all observations and conversations leading to a recommendation for disapproval. (B) TYC reports to the Texas Department of Human Services, Child Protection Services, all cases of a youth verbalizing abuse in the home and all cases of a parent(s) refusing to accept supervision of the youth. (C) The result of the evaluation and any follow-up evaluations are documented on the Home Evaluation, Form CCF-100, and supporting documentation is attached. (D) Parents are immediately informed in writing when the home is disapproved for placement and the reasons for such. Any action which the parent could take to correct a deficiency is included. A copy of the letter is attached to the CCF-100 form. (E) The parole officer's signature and recommendation for approval or disapproval is required for all completed home evaluations. (F) The parole supervisor's signature and approval or disapproval of the youth being placed in the home are required for all home evaluations. (G) The original Home Evaluation, Form CCF-100, with all signatures and documentation, is sent to the youth's primary service worker and is filed in the youth's masterfile. sec.85.43. Interstate Compact for Texas Youth Commission Youth. (a) Policy. The Texas Legislature enacted the Uniform Interstate Compact on Juveniles in 1965 by adding a new section to the Texas Family Code, Chapter 25. The governor appointed the executive director of the Texas Youth Commission (TYC) as compact administrator. The deputy administrator is responsible for the daily operations of the compact. The Interstate Compact on Juveniles (ICJ) Office is responsible for ensuring that services are provided for delinquent youth who are sent between states while on probation or parole and to return escapees, absconders, and non-adjudicated runaway youth to the state having legal jurisdiction. (b) Rules. (1) Article VII-courtesy supervision-other states supervising TYC youth. (A) All requests for courtesy supervision must be submitted to the ICJ office in triplicate. A referral consists of: (i) ICJ forms, I-A, IV, VI; (ii) signed individual case plan (ICP); (iii) common application; (iv) treatment plans; (v) social history; (vi) school records; (vii) medical records; (viii) commitment order; (ix) order of adjudication; (x) pre-disposition report; (xi) updated psychological report. (B) All requests for courtesy supervision will be submitted to the ICJ office at least six weeks prior to projected release date. This allows the receiving state adequate time to complete a home investigation. (C) Upon acceptance, the sending institutional or field staff notifies the committing judge and district attorney of out-of-state placement, CCF-181, Notification to Juvenile Court. The sending staff coordinates the necessary travel arrangements. (D) The institutional placement coordinator or field staff sends to the ICJ office prior to youth being sent to the other state: (i) ICJ form V; (ii) school transcripts and releases; (iii) progress summary; (iv) ICP parole objectives; and (v) recent photograph. (E) The institutional placement coordinator or primary service worker (PSW) enters youth's movement on the child care system. (F) The PSW is responsible for forwarding the masterfile to the TYC home parole officer where it remains. (G) The TYC primary service worker is the TYC home parole officer. The PSW responsibilities do not transfer to the ICJ office. (H) Quarterly progress reports are requested from the receiving state by the ICJ office. Progress reports are forwarded to the home parole officer. (I) When notified by the receiving state that a youth's placement is not working, the ICJ office works closely with the TYC parole officer in: (i) returning the youth; (ii) maintaining the youth's placement; or (iii) exploring alternatives available in the receiving state. (J) When notified by the receiving state that a TYC youth has absconded, the ICJ office immediately notifies the home parole officer. (i) The home parole officer: (I) enters the incident on the child care system; (II) issues a directive; (III) ensures that the directive is entered on National Crime Information Center; and (IV) forwards a copy to the ICJ office. (ii) The ICJ office closes the interstate compact case file on the youth. The receiving state cannot supervise a youth if his whereabouts are unknown. (2) Discharges. (A) When a youth has been out-of-state and progress reports by the receiving parole officer consistently indicate that he has adjusted well and discharge is recommended, the ICJ office submits a discharge report to the director of community services for approval. Upon approval, the ICJ office completes a discharge letter for the executive director's signature. The discharge letter is forwarded to the youth. Copies of the discharge report and letter are sent to the last institution involved and home parole officer. A copy of the discharge letter and a cover letter are sent to the receiving state advising them to close the case. The ICJ office closes the ICJ case and discharges the youth from the child care system. (B) The ICJ office completes discharges for youth who are being supervised in another state and meet TYC discharge criteria, particularly when either youth or adult charges result in adjudication or conviction out-of-state. (3) Article VII-courtesy supervision-TYC supervising youth from other states. (A) Upon receipt of requests for home investigation and courtesy supervision from other states for youth on parole, the ICJ office assigns the case to the appropriate parole officer. The parole officer completes a home investigation and provides a recommendation for placement within a month. (B) A case cannot be rejected: (i) when the proposed placement is with a custodial parent; (ii) on the basis that the youth is over age 17. The age at which persons are considered adults by criminal law in the receiving state should be mentioned in the home investigation but supervision cannot be rejected based solely on age; (iii) on the basis that the offense is not considered delinquent conduct in Texas. (C) Quarterly progress reports are required. The receiving TYC parole officer submits the report to the interstate compact office. The ICJ office forwards the report to the sending ICJ office; who forwards to the sending parole officer. (D) TYC may recommend discharge in the quarterly report but may not discharge the youth. Only the sending state may discharge. (4) Article VI-voluntary consent to return. (A) When a TYC youth is detained in another state and the ICJ office is notified, the detention center staff must take him before the juvenile judge. A judge advises the youth of his rights. If the youth agrees to return voluntarily, Form III, Voluntary Consent to Return, is signed by the youth and the judge. Upon notification that Form III has been signed, the ICJ office makes arrangements to return the youth. Arrangements are coordinated with the TYC facility from which the youth escaped or with the home parole officer if the youth absconded while home on parole. (B) When an out-of-state youth is detained in Texas, the ICJ office is notified. The Texas ICJ office notifies the ICJ office in the youth's home state. Upon notification that the form III has been signed, the responsible state makes arrangements to return. (5) Article V-requisition process for TYC youth. When a TYC youth refuses to return to Texas, a requisition, Form II, is completed by the ICJ office and forwarded to the holding state with certified copies of the order committing the youth to TYC. The certified copies of the commitment order are obtained from the home parole officer. The judge of jurisdiction in the holding state reviews the requisition and supporting legal documents. If considered to be in order, the judge honors the requisition. Upon notification that the judge has honored the requisition, the ICJ office makes immediate arrangements to return the youth. 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 August 9, 1991. TRD-9109572 Ron Jackson Executive Director Texas Youth Commission Effective date: August 30, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 483-5244 37 TAC sec.85.37 The Texas Youth Commission (TYC) adopts new sec.85.37, concerning the commission's discharge plan, with changes to the proposed text as published in the April 9, 1991, issue of the Texas Register (16 TexReg 2049). The section establishes criteria for discharge of each youth committed to the commission based on the most restrictive classification assigned, performance while at home on parole, and in response to other specific circumstances. Each youth will be discharged from agency custody when a criterion has been met. The change adds specific conditions of discharge for interstate compact youth supervised in Texas. No comments were received regarding adoption of the new section. The new section is adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. sec.85.37. Discharge. (a) Policy. The Texas Youth Commission (TYC) discharges youth when specific criteria have been met. All youth are discharged by age 21. (b) Rules. (1) Controlling classification. Discharge criteria is applied according to classification or to special circumstance. Eligibility for discharge according to classification is controlled by the most serious offense for which the youth has ever been classified. (2) Discharge criteria. (A) Classification. (i) Youth ever classified as sentenced offenders are discharged when one of the following occurs: (I) expiration of the sentence imposed by the juvenile court; (II) the youth is transferred to the Texas Department of Criminal Justice pursuant to an order issued by the juvenile court at a transfer hearing; or (III) age 21 is reached. (ii) Youth ever classified as Type A violent offenders are discharged when one of the following occurs: (I) age 18 is reached and the youth is committed for offense(s) which occurred before September 1, 1985; or (II) age 21 is reached and the youth is committed for offense(s) which occurred on or after September 1, 1985. (iii) Youth ever classified as Type B violent offenders are discharged when one of the following occurs: (I) age 18 is reached and the youth is committed for offense(s) which occurred before September 1, 1985; (II) age 21 is reached and the youth is committed for offense(s) which occurred on or after September 1, 1985; or (III) completion of 12 consecutive months on parole status in the home or home substitute and the youth: (-a-) has had no delinquency adjudications or criminal convictions during the period; (-b-) has no pending delinquency petitions or criminal charges; (-c-) is on minimum or medium supervision level; and (-d-) has had a positive parole adjustment, as defined in this policy. (iv) Youth ever assigned any other classification with a minimum length of stay are discharged when one of the following occurs: (I) age 18 is reached and the youth is committed for offense(s) which occurred before September 1, 1985; (II) age 21 is reached and the youth is committed for offense(s) which occurred on or after September 1, 1985; or (III) completion of six consecutive months on parole status in the home or home substitute and the youth: (-a-) has had no delinquency adjudications or criminal convictions during the period; (-b-) has no pending delinquency petitions or criminal charges; (-c-) is on minimum or medium supervision level; and (-d-) has had a positive parole adjustment as defined in this policy. (v) Youth never assigned a classification with a minimum length of stay are discharged when one of the following occurs: (I) the youth is on parole status in the home or home substitute and: (-a-) age 18 is reached; or (-b-) before age 18 is reached if the youth has completed six consecutive months on parole status in the home or home substitute and the youth: (-1-) has had no delinquency adjudications or criminal convictions during the period; (-2-) has no pending delinquency petitions or criminal charges; (-3-) is on minimum or medium supervision level; and (-4-) has had a positive parole adjustment as defined in this policy; or (II) the youth is in any program other than parole status in the home or home substitute and: (-a-) age 18 is reached and the youth is committed for offense(s) which occurred before September 1, 1985; or (-b-) after age 18 is reached and by the day age 21 is reached if committed for offense(s) which occurred on or after September 1, 1985, as soon as he or she meets required program completion criteria. The youth is discharged and not placed on parole status in the home or home substitute. (B) Special circumstance. (i) Youth of any classification are discharged under the following circumstances: (I) court ordered reversal of commitment; (II) the youth being sentenced to prison; (III) commitment to Texas Department of Mental Health and Mental Retardation; (IV) enlistment in the military; (V) closing of records following a youth's death or recommitment; (VI) discharge by the executive director or his designee for any other reason, such as an illness or injury which prevents return to active program participation; (VII) TYC youth placed out of state who may be discharged when requested by the placement state for satisfactory adjustment or when court action is taken by the placement state in accordance with General Operating Policy 47.23, sec.85.43 of this title (relating to Interstate Compact for TYC Youth). (ii) Youth of any classification except sentenced offenders are discharged under the following circumstances: (I) placement on adult probation while on parole in a non-residential placement; (II) immediately on release from any residential placement, if the youth was placed on adult probation while in residential placement; (III) placement on juvenile probation. (3) Exception for services. (A) TYC custody of a youth who would otherwise be discharged at age 18 may be continued up to age 21 if the youth was committed for offense(s) which occurred on or after September 1, 1985, and extended supervision is requested in writing by the primary service worker, agreed to in writing by the youth, and would allow TYC to support special programs for the youth would not be provided by other means. (B) Extending custody requires approval of the regional director or institutional superintendent, as appropriate. (C) Agreement to this discharge exception may be canceled at any time by either the youth or the primary service worker. (4) Positive parole adjustment. For purposes of discharge, positive parole adjustment shall be shown by documentation that a youth: (A) is meeting ICP objectives; and (B) has, for 90 consecutive days, been: (i) enrolled and participating in an appropriate educational or training program; or (ii) satisfactorily employed. (5) Approvals. Youth discharges are requested by the primary service worker and approved by the institutional superintendent or regional director as appropriate. Approvals ensure that discharge criteria have been met. Discharge of TYC youth placed out of state is requested by the deputy administrator of interstate compact and approved by the director of community services. Discharges for other special circumstances are approve by the executive director. (6) Notification. (A) As soon as the discharge date is determined, but not more than 30 days prior to the discharge date, the program to which the youth is assigned shall send a letter of discharge to the youth. (B) Fifteen days prior to discharge the program to which the youth is assigned shall send notification to juvenile court form, CCF-181 to the committing court and prosecuting attorney. 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 August 9, 1991. TRD-9109571 Ron Jackson Executive Director Texas Youth Commission Effective date: August 30, 1991 Proposal publication date: April 9, 1991 For further information, please call: (512) 483-5244 Chapter 87. Treatment The Texas Youth Commission (TYC) adopts new sec.sec.87.1, 87.3, 87.7, 87.9, 87. 21, 87.23, and 87.75, concerning treatment, with changes to the proposed text as published in the July 12, 1991, issue of the Texas Register (16 TexReg 3843). The new rules will provide updated, more specific TYC case management standards for treatment. Adoption of new rules will allow for a more efficient treatment process. Changes in sec.87.1, concerning case planning, clarify that contact with youth in contract placements means meeting with the youth and changes frequency of moderate supervision of parole services; in sec.87.3, concerning levels systems in TYC facilities, changes reflect programs used in both TYC institutions and halfway houses for on-site management of youth behavior; in sec.87.7, concerning group counseling, chief of substance abuse services as approval authority for altering group counseling sessions is added; in sec.87.9, concerning individual counseling, chief of substance abuse services as approval authority for altering group counseling sessions is added; in sec.87.21, concerning furloughs, changes in language for clarification only; sec.87.23, concerning supervision levels in parole home placement, changes frequency of contact of parole officers and youth on moderate supervision level; and in sec.87.75, concerning food and nutrition, changes in language for clarification only. The proposed new sec.87.53, concerning worship and religious education programs, is withdrawn. No comments were received regarding adoption of the new sections. Program Planning 37 TAC sec.sec.87.1, 87.3, 87.7, 87.9, 87.21, 87.23 new sections are adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its function. sec.87.1. Case Planning. (a) Policy. An individual case plan (ICP) for every youth in Texas Youth Commission (TYC) care is developed based on the youth's need for services. Youth service needs are identified and corresponding long-term and short-term objectives are developed. The resulting case plan is reviewed regularly and revised when necessary. (b) Rules. (1) Requirements for reception admission. The individual case plan: assessment is completed by the reception center primary service worker within eight days of reception/admission. The form is signed by primary service worker, copy sent to parole officer, and filed in masterfile. (2) First ICP time requirement for all placement programs. (A) The ICP objectives are completed by the primary service worker of the receiving program each time a youth is placed or moved into a new program placement. ICP objectives are developed within: (i) 14 days of admission to a halfway house facility; (ii) 30 days of admission to any other program except home or home substitute on parole; (iii) 10 days for youth at home or home substitute on parole living within 30 miles of parole officer's office; (iv) 20 days for youth at home or home substitute on parole living more than 30 miles from the parole officer's office. (B) Development of ICPs and all succeeding progress reviews, are conducted with the youth and include individual counseling. (3) Requirements for TYC operated programs except home on parole. (A) ICP for sentenced offenders is developed in accordance with guidelines of this policy as far as possible and within the restrictions of General Operating Policy (GOP).47.15, s85.35 of this title (relating to Sentenced Offender Disposition). (B) Completion of certain objectives is required in order to constitute successful program completion. These objectives are identified and labeled as "required" for program completion. (C) The plan is developed in accordance with identified needs and must specify measurable objectives, expected outcomes, and a means to evaluate progress. The three types of objectives developed in the ICP are offense related objectives, personal growth related objectives, and community reentry objectives. (i) Offense related objectives are required objectives. They must be written so that they may be achieved within a period of time no longer than the required minimum length of stay or within four months if there is no required length of stay. (ii) Personal growth related objectives must be written so that they may be substantially completed within a period of time no longer than the required minimum length of stay or within four months if there is no required length of stay. (iii) Community reentry objectives are those to be accomplished after release from an initial placement. Community reentry objectives are developed with the youth's parole officer and involve planning the program activities in which the youth will participate upon return to the community after his release. (D) For youth in a program as an initial program, i.e., placement immediately following commitment, recommitment, or a disciplinary move, ICP progress reviews are conducted every 30 days to evaluate a youth's progress, except in months when an ICP release review is conducted instead. (E) For a youth in a program as a follow-up, ICP release reviews are conducted monthly instead of quarterly in compliance with GOP.47.09. (F) Revisions may be made as necessary to meet youth needs. All changes are stated in the plan and are discussed with youth. (4) Requirements for contract programs. (A) For youth in contract placements, ICP release reviews are conducted monthly instead of quarterly in compliance with GOP.47.09, sec.85.29 of this title (relating to Program Completion and Movement). (B) The primary service worker meets monthly with the youth and contract placement caseworker/caregiver to review the youth's progress. (C) Level of care is reviewed every 90 days. (5) Requirements for youth at home on parole. (A) Upon notification of the first placement following commitment, the home parole officer initiates contact with the youth. (B) Parole objectives are developed for youth on parole by the parole officer in consultation with the youth, the sending primary service worker, and when available, the parents. The ICP consists of the youth's plan for work, school, training or specialized treatment, and any special conditions. (C) The ICP is reviewed according to the level of supervision and is updated as necessary. Required reviews are held: (i) every 30 days for maximum supervision level; (ii) every 90 days for moderate supervision level; (iii) every 180 days for minimum supervision level. (D) ICP objectives may be reviewed more often in accordance with changes in a youth's need and circumstance. (6) Documentation. (A) The individual case plan developed by each new program placement a youth enters (except reception center and home or parole) is completed/documented on the Individual Case Plan: Treatment Objectives, CCF-114. (B) Progress review of ICP objectives is documented on the Individual Counseling Record, CCF-135. (C) Release review is documented on the Individual Case Plan: Release Review Summary, CCF-114. (D) Individual case plan for youth at home on parole is documented on the Individual Case Plan: Parole Objectives, CCF-114. (E) Individual Case Plan (ICP), CCF-114 development requirements with the exception of ICP: Assessment developed by reception center: (i) initial plans and reviews are developed by current primary service worker with input of the youth, previous primary service worker if applicable, contract program staff if applicable, and parent/guardian if available; (ii) all ICPs are signed by the youth and primary service worker; (iii) the youth is given a copy; (iv) parents are given copies and signature is requested; (v) parole officers are given copies; (vi) originals are filed in youth masterfile; (vii) event is documented in chronological. (F) Individual Counseling Record, CCF-135 requirements are as follows: (i) record is developed as a result of a progress review involving youth and primary service worker; (ii) all individual counseling records documenting progress reviews are signed by the youth and primary service worker; (iii) the youth is given a copy; (iv) originals are filed in youth masterfile; (v) event is documented in chronological. sec.87.3. Level/Phase System in TYC Operated Facilities. (a) Policy. Texas Youth Commission (TYC) institutions and halfway house programs use a formal system to manage youth behavior. The institutional program and the halfway house program each has a system appropriate for the program type. Within each system is a component by which youth are rewarded for positive behavior. (b) Rules. (1) During orientation a youth is given a complete explanation of the system requirements and privileges. See General Operating Policy 53.05, sec.87.55 of this title (relating to Youth Orientation). (2) Written descriptions of the systems are available to youth. (3) For each level/phase criteria is stipulated for advancement from one level or phase to the next. Criteria is unique to the program type and is consistent with program rules, rules of conduct, and treatment objectives. (4) Each program type incorporates a plan for periodic review which includes participation of the youth. The review coincides with the individual case plan review and is completed no less frequently than every 30 days. (5) The review procedures include an opportunity for the youth's self-evaluation. The results of the progress review are shared with youth. sec.87.7. Group Counseling. (a) Policy. The Texas Youth Commission (TYC) provides group counseling for all youth in a TYC operated facility. The purpose of group counseling is to increase self-esteem, enhance responsible decision making, maintain positive peer support, and promote the likelihood of successful return to the community. (b) Rules. (1) All youth will participate in group counseling sessions five times weekly. (2) Group counseling follows the TYC group manual guidelines. (3) Group counseling is conducted by staff trained to conduct group counseling. (4) Group counselors are monitored and receive ongoing feedback about individual performance. (5) Group counselors receive group counseling training annually. (6) Scheduled group counseling cannot be supplanted or replaced by other group interventions or activities, i.e., huddle-ups or problem solving groups, unless approved by the chief of mental health services or chief of substance abuse services as appropriate. (7) Youth are never allowed to assume control of the group or make decisions regarding any youth's program or disciplinary status. sec.87.9. Individual Counseling. (a) Policy. The Texas Youth Commission (TYC) provides individual counseling to help youth meet personal needs and prepare them for return to the community. (b) Rules. (1) General. (A) Each youth, including those in contract programs, is assigned a TYC primary service worker (PSW) who conducts individual counseling. (B) The PSW formulates the individual case plan (ICP). (C) The PSW may refer a youth to the psychiatrist, psychologist, or other professional qualified staff or person for in-depth counseling, crisis intervention, or clinical assessment. (D) The need for continued substance abuse or mental health services including counseling are determined by the facility or community mental health professional or other professional qualified staff or person. Services are provided or arranged in accordance with determined need. (2) Youth in institutions and halfway houses. (A) Each youth receives at least 45 minutes of individual counseling each month. (B) The required 45 minutes of counseling is provided during not more than three separate sessions. (C) The PSW holds at least one scheduled meeting with each youth every month. The meeting includes progress reviews, of objectives, level status reviews and general counseling. (D) Counseling provided by any other professional persons may be counted toward the 45 minutes. (E) The PSW and youth meet more frequently than once per month if the youth requires additional counseling. (F) The PSW or any other staff providing individual counseling documents all individual counseling on the Individual Counseling Record, CCF-135, and places documentation in the youth's casework subfile. Counseling by professionals not employed by TYC, is documented by PSW. (G) At least one staff member is available for counseling 24 hours a day in the event of a crisis or a youth's request. (2) Youth supervised by case managers. (A) Individual counseling occurs as appropriate. (B) The contact is documented on the chronological record. (3) Youth Home on Parole Status. (A) Individual counseling occurs as appropriate. (B) The contact is documented on the chronological record. sec.87.21. Furloughs. (a) Policy. Youth in residential programs may be granted emergency furloughs and administrative furloughs. Furloughs are authorized absences from residential programs for specific purposes and for limited periods of time. (b) Rules. (1) An emergency furlough may be granted when an emergency situation exists in the youth's family which under normal circumstances would require his or her presence as a family member. (2) An administrative furlough is granted for programmatic reasons including home visits, holidays, medical, or maternity leave. (3) Only emergency furloughs may be granted to a disapproved home placement or to one with a pending evaluation. (4) Parole officers are notified prior to any furlough and assist with furlough arrangements if requested. sec.87.23. Supervision Levels in Parole Home Placement. (a) Policy. The Texas Youth Commission parole staff develops a plan requiring a level of supervision intensity for each youth on parole status in the home or home substitute. The level of intensity is determined through assessment of the youth's needs and the degree of risk presented to the public. Reassessments are completed on a scheduled basis and may result in increased supervision or a less intensive supervision and possible early discharge. (b) Rules. (1) A risk/need assessment is completed for each youth on parole status in a home or home substitute placement within: (i) 10 days for youth living within 30 miles of the parole office; or (ii) 20 days for youth living 30 or more miles from the parole office. (2) The level of supervision is determined by: (A) the total risk score; (B) a high risk classifying offense; and (C) the total needs score. (3) Levels are identified as maximum, moderate, or minimum. (4) The parole officer may recommend a higher level of supervision than the assessment score indicates. The recommendation is justified to and approved by the parole supervisor. (5) Reassessments are conducted on a scheduled basis in accordance with the level of supervision: (A) maximum-every 30 days; (B) moderate-every 90 days; (C) minimum-every 180 days. (6) Changes to less intensive levels of supervision may occur when: (A) the youth complies with the individual treatment plan; (B) the youth's performance is acceptable in school, employment, or vocational training; (C) the youth has had no major incident since the last risk assessment; and (D) a reassessment shows reduced risk/needs assessment score. (7) Additional reassessments are conducted when there is a major incident, noncompliance with individual case plan objectives, or the youth exhibits significant behavioral changes. 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 August 9, 1991. TRD-9109573 Ron Jackson Executive Director Texas Youth Commission Effective date: August 30, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 483-5244 Basic Care Services 37 TAC sec.87.75 The new section is adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its function. sec.87.75. Food and Nutrition. (a) Policy. The Texas youth Commission (TYC) provides food services to meet the basic nutrition needs of its youth. Specific procedures are contained in the nutrition and food service manual. (b) rules. (1) The facility food service department meets state and local sanitation and health standards. (2) TYC complies with participation requirements for the United States Department of Agriculture National Breakfast Program and the National School Lunch Program. (3) The diet provided meets the most recent Recommended Dietary Allowances (RDA) published by the National Research Council. (4) Menus meet the nutrition standard of the Texas Minimum Standards for Child Care Caring Institutions published by the Texas Department of Human Services. (5) Standardized menus are developed for institutions and for halfway houses under the direction of the chief of nutrition. (6) There is a single menu for staff and youth. (7) Special diets are provided as prescribed by appropriate medical or dental personnel. (8) TYC provides special diets when a youth's religious beliefs require adherence to religious dietary laws. (9) Food is serviced in an appetizing and attractive manner. (10) Youth are served three meals and a snack(s) daily; at least two of the meals are hot. (11) There are no more than 14 hours between the evening meal and breakfast. (12) Youth are supervised during meals by on-duty child care staff. (13) Meals and snacks are not used as disciplinary measures. (14) TYC determines and responds to youth food preferences. 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 August 9, 1991. TRD-9109574 Ron Jackson Executive Director Texas Youth Commission Effective date: August 30, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 483-5244 The Texas Youth Commission (TYC) adopts the repeal of sec. s87.7, 87.9, 87.21, 87.23, and 87.75, concerning treatment. Section 87.7, concerning group counseling for youth; sec.87.9, concerning individual counseling for youth; 87.21, concerning furloughs for youth in residential programs; 87.23, concerning a levels system of supervision intensity for youth on parole status in the home placement; and 87.75, concerning food services in TYC are adopted without changes to the proposed text as published in the July 12, 1991, issue of the Texas Register (16 TexReg 3847). The proposed repeal of sec.87.53, concerning worship, and religious education programs is withdrawn. The sections are being repealed to adopt new rules. Adoption of new rules simultaneously will provide for more efficient programs and services for youth committed to TYC. No comments were received regarding adoption of the repeals 37 TAC sec.sec.87.7, 87.9, 87.21, 87.23 The repeals are adopted under the Human Resources Code, s61..034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. 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 August 9, 1991. TRD-9109583 Ron Jackson Executive Director Texas Youth Commission Effective date: August 30, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 483-5244 Basic Care Services 37 TAC sec.87.75 The repeal is adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. 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 August 9, 1991. TRD-9109584 Ron Jackson Executive Director Texas Youth Commission Effective date: August 30, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 483-5244 Chapter 91. Discipline and Control The Texas Youth Commission (TYC) adopts new sec.sec.91.1, 91.3, 91.5, 91.7, 91. 9, 91.11, 91.13, 91.31, 91.55, 91.57, 91.59, 91.63, 91.65, 91.69, 91.73, and the repeals of sec.sec.91.31, 91.55, 91.57, 91.59, 91.63, 91.65, and 91.69, concerning discipline and control. Sections 91.5, 91.7, 91.9, 91.11, 91.13, 91.55, 91.57, 91.59, 91.69 and 91.73 are adopted with changes to the proposed text as published in the July 12, 1991, issue of the Texas Register (16 TexReg 3847). Section 91.5, concerning referral to criminal court, changed to indicate that the section applies to the Evins Regional Juvenile Center in South Texas; sec.91.7, concerning reclassification consequence, changed to clarify disposition of sentenced offender youth following a reclassification hearing. Changes to sec.91.9, concerning parole revocation consequence; sec.91.11, concerning disciplinary transfer/assigned minimum length of stay consequence; sec.91.13, concerning on-site disciplinary consequences; sec.91.55, concerning escape and apprehension; s91.57, concerning restriction of youth out of control; and sec.91.59, concerning use of force; clarify meaning only. Section 91.69, concerning detention is being changed to drop the option of placing institutional youth in detention on campus rather than in the security units. Section 91.73 is changed to add a due process requirement. New ssec.91.1, 91.3, 91.31, 91.63 and 91.65, and the repeal of sec.sec.91.31, 91.55, 91.57, 91.59, 91.63, 91.65, and 91.69, are adopted without changes and will not be republished. The new sections will allow for more consistent application of consequences for youth misbehavior. The repeals enable the adoption of the new sections. Rule violations for which a youth can be moved to more restriction are being made more specific. Criteria used to determine placement following due process procedures will allow for high risk youth and youth with histories of violent offenses to be returned to high restriction programs more easily than other youth. New sections clarify that TYC will not pursue revocation or reclassification of any TYC youth if staff receives information that criminal or delinquent procedures are pending or anticipated by local authorities. No comments were received regarding adoption of the new and repealed. Disciplinary Practices 37 TAC sec.sec.91.1, 91.3, 91.5, 91.7, 91.11, 91.13 The new sections are adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to proper accomplishment of its functions. sec.91.5. Referral to Criminal Court. (a) Policy. Texas Youth Commission (TYC) may initiate prosecution of youth in TYC high or maximum restriction placements who are 17 years of age and older who are involved in a felony or Class A misdemeanor offense according to the Penal Code or youth who are any other age who are involved in any offense for which the youth could be classified as a violent offender. Referral to court is considered a major consequence. (b) Rules. (1) The youth's TYC institutional superintendent or regional director may request that a youth be arrested and charged as an adult. (2) The request must be made in writing within one working day to the director of institutions or director of community services, the deputy executive director, and the executive director. Included in the request will be the following: (A) the name, TYC number, date of birth, committing offense, and date of commitment of the youth; (B) copies of Incident Report(s), Form CCF-225, or other similar documents which were written by staff members and/or other witnesses to the alleged offense; (C) the description of the instant behavior including harm done, other individuals involved, motives and circumstances leading to the behavior, whether a weapon was used, degree of remorse, whether there was any immediate or past provocation; (D) classifying offense specifying date, act, harm done, and age and relationship with victim, etc; (E) offense history including specific reference to offense dates and offenses that endangered or harmed others and overall probation and/or TYC history prior to current admission; (F) discipline and ICP progress history during current placement including dates and reasons for security admissions and positive accomplishments; (G) explanation of staff attempt(s) and results of attempts to intervene in similar behavior. (3) The response to the request is based on the information received by central office. (4) The director of institutions notifies the superintendent and director of community services notifies the regional director of the decision of executive administration within two working days. (5) If approved, the superintendent or regional director contacts the magistrate or district or county attorney, according to the location of the alleged offense, within three working days, in order to file a complaint in accordance with the Texas Code of Criminal Procedure, Article 15.01, and Article 15.05. (6) If arrested and taken into custody by law enforcement officials, a youth's "length of stay" continues as if the youth were assigned to the TYC facility or program. (7) If, as a result of prosecution, the youth is found guilty, he or she may or may not be returned to the custody of TYC. (A) If the youth is found guilty and assessed jail time and/or a fine, he returns to a TYC maximum or high restriction facility after completion of his jail time. (B) If the youth is found guilty and placed on adult probation or is assessed a fine, he immediately returns to a TYC maximum or high restriction facility until program completion criteria are met. At that time he is discharged rather than being released on parole in accordance with GOP.47.17, sec.85.37 of this title (relating to Discharge). (C) If the youth is sentenced to a prison, he is discharged from TYC in accordance with GOP.47.17, sec.85.37. sec.91.7. Reclassification Consequence. (a) Policy. Except for sentenced offenders, youth found to have engaged in a high risk offense may be reclassified to the classification appropriate to the offense, regardless of the current classification. A Level I hearing is required in order to reclassify a youth. Reclassification is considered a major consequence. (b) Rules. (1 Restrictions. (A) With approval of the institutional superintendent or regional director a Level I hearing may be requested. (B) The primary service worker requesting the hearing may cancel at any time prior to the beginning of the hearing. (C) A Level I hearing will not be held if TYC staff receive information that criminal or delinquent proceedings against the youth are planned or anticipated by local authorities. (D) Specific training school placements are the responsibility of the Statewide Reception Center. Evins Regional Juvenile Center placements are the responsibility of the regional assessment team. All other placements are the responsibility of centralized placement. (E) High risk offense is any major rule violation which may result in a classification other than general or violator of CINS probation. (2) Criteria. (A) When a high risk offense is proved and no extenuating circumstances are found incident to the offense, the youth will be assigned the appropriate classification for that offense. (B) When a high risk offense is proved and extenuating circumstances are found incident to the offense, the youth will be assigned a classification, which is appropriate under the rules for waiver of classification. Extenuating circumstances are defined in General Operating Policy (GOP).47.03, sec.85.23 of this title (relating to Classification). (3) Disposition. (A) When a youth on parole status is reclassified for a high risk offense, the youth's parole is revoked. (B) A sentenced offender may be assigned to any appropriate placement, including a maximum restriction facility, following a disciplinary hearing. The appropriate placement is selected according to the totality of the circumstances, including the youth's age, sentencing offense, length of time and progress in TYC custody, and the nature of the misconduct for which the youth is being disciplined. The statewide reception center superintendent, at his or her discretion, determines whether to return the youth to the reception center for full reassessment and placement or to designate placement directly. If he or she determines that a community placement is most appropriate, placement selection is made by the centralized placement unit. sec.91.9. Parole Revocation Consequence. (a) Policy. Parole may be revoked when a youth's behavior presents an unacceptable risk to the safety of the youth or the community. Parole revocation is considered a major consequence and requires a Level I hearing. (b) Rules. (1) Restrictions. (A) With approval of the regional director, a Level I hearing may be requested. (B) The primary service worker requesting a hearing may cancel at any time prior to the commencement of the hearing. (C) A Level I hearing will not be held if TYC staff receive information that criminal or delinquent proceedings against the youth are planned or anticipated by local authorities. (D) Specific training school placements are the responsibility of the Statewide Reception Center. Evins Regional Juvenile Center placements are the responsibility of the regional assessment team. All other placements are the responsibility of centralized placement. (E) If a felony offense is found but reclassification to chronic serious offender is not justified, the finding of a felony must be documented in the casework subfile. (F) A high risk offense is any major rule violation which may result in a classification other than general or violator of CINS probation. (2) Criteria and classification. (A) Parole is revoked when it is shown in a Level I hearing that a youth has: (i) committed a high risk offense; (ii) committed a felony offense and is a high risk according to a current risk assessment; (iii) committed any major rule violation and has previously been classified for a high-risk offense; or (iv) within the first 90 days following the youth's disciplinary transfer to a medium restriction program: (I) committed a felony offense; (II) committed a major rule violation causing substantial bodily injury; (III) committed two major rule violations within 30 days; or (IV) committed three major rule violations. (B) If extenuating circumstances are found incident to a high risk offense, parole is revoked, but the high risk classification may be waived pursuant to General Operating Policy (GOP).47.03, sec.85.23 of this title (relating to Classification). (C) If extenuating circumstances are found incident to any violation other than a high risk offense, parole is not revoked. (See extenuating circumstances discussed in GOP.47.03, sec.85.23). (3) Disposition. (A) Placements are made according to classifications. (See GOP.63.07, sec.91.7 of this title (relating to Reclassification Consequences)). (B) If criteria for revocation are not established at a Level I hearing, the youth remains on parole status, but lesser disciplinary consequences may be imposed for any rule violations which are proved at the hearing. (C) If a youth is on parole from another state and is being supervised by Texas Youth Commission (TYC) under agreement with the other state, a parole revocation hearing is held by TYC and the youth returned to the sending state, coordinated by the interstate compact administrator and general counsel. (D) If a TYC parolee commits an offense in another state, the return of such youth is coordinated by the interstate compact administrator and the general counsel. A parole revocation hearing is coordinated by and held at the request of the assigned parole officer. sec.91.11. Disciplinary Transfer/Assigned Minimum Length of Stay Consequence. (a) Policy. A youth may, for disciplinary reasons, be transferred to an appropriate placement or assigned a minimum length of stay in the current placement except that a youth on parole shall not be transferred into a placement of high or maximum restriction. Disciplinary transfer and assignment of a minimum length of stay are considered major consequences and require a Level II hearing. (b) Rules. (1) Restrictions. (A) The youth's halfway house superintendent, parole supervisor, casemanager supervisor or institutional caseworker (primary service worker) may request that the regional director or institutional superintendent schedule a Level II hearing. (B) The appropriate regional director or institutional superintendent may schedule a Level II hearing and may cancel the hearing at any time. (C) A Level II hearing will not be held if TYC staff receive information that criminal or delinquent proceedings against the youth are planned or anticipated by local authorities. (D) If a felony offense is found at a Level II hearing, it must be documented in the hearing manager's report which is filed in the casework subfile. (E) A Level II hearing should be held prior to a disciplinary transfer. When good cause compels a prehearing movement of the youth, the hearing shall be held within three consecutive days after the movement. (F) A high risk offense is any major rule violation which may result in a classification other than general or violator of CINS probation. (2) Criteria. A youth may be transferred or assigned a minimum length of stay if it is found at a Level II hearing that the youth has committed: (A) a high risk offense; (B) a felony offense; (C) any major rule violation causing substantial bodily injury; (D) the sum of two or more major rule violations within 30 days at the most recent permanent placement and any subsequent temporary placement; or (E) the sum of three or more major rule violations at the the most recent permanent placement and any subsequent temporary placement. (3) Disposition. (A) If criteria are met, a youth may be: (i) transferred to a placement of equal or more restriction than the youth's most recent permanent placement; or (ii) retained in the current placement and assigned a minimum length of stay. (B) If the hearing manager determines there are extenuating circumstances incident to the violation(s) proved at a Level II hearing, the youth is neither transferred nor assigned a minimum length of stay, but the hearing manager shall notify the administrator responsible for the program to which the youth is assigned so appropriate disciplinary action may be taken. (C) Specific training school assignments are the responsibility of the Statewide Reception Center. All other assignments are the responsibility of centralized placement. (4) Assigned minimum length of stay. (A) At a Level II hearing, a youth's primary service worker may request that the youth be assigned a specific minimum length of stay rather than transferred to another program. (B) An assigned minimum length of stay under this policy shall not exceed six months and shall be approved by the executive director or a designee. (C) Following a Level II hearing at which a youth is assigned a minimum length of stay, the institutional superintendent or regional director shall request executive director approval for assignment of a minimum stay. (i) The institutional superintendent or regional director submits the following to the director of institutions or director of community services: (I) hearing manager's report of a Level II hearing: (II) cover memo including the administrator's recommended minimum length of stay; and (III) background information on the youth; (-a-) date of arrival; (-b-) committing offense; (-c-) grounds for the hearing (explain); (-d-) current classification; (-e-) description of precipitating incident; (-f-) youth's adjustment in the program; (-g-) net impact on length of stay if in an institution. (ii) The director of institutions or director of community services reviews the material, comments, and provides a recommendation and all information to the executive director or designee. (iii) The executive director or designee reviews the assigned stay and may approve, disapprove, or modify the, length of stay. Materials submitted for review are returned to the appropriate central office program director to be forwarded to the field along with the decision of the executive director or designee . (D) A youth assigned a minimum length of stay remains in the current program until the length of stay and other program completion criteria are completed. sec.91.13. On-Site Disciplinary Consequences. (a) Policy. On-site disciplinary consequences may be assigned to youth in a residential program for violations of one or more of the rules of conduct. On-site disciplinary consequences are considered minor consequences. See General Operating Policy (GOP).65.05, sec.91.35 of this title (relating to Level III Hearing Procedure) for proper procedures. (b) Rules. (1) Consequences: (A) reprimand; (B) suspension of on and off site privileges; (C) restriction of personal activity; (D) facility work restitution; (E) have personal items taken (contraband); (F) lose trust fund privileges; (G) lose a level. (2) Appropriate consequence. The staff choosing the most appropriate consequence among those available does so within the following guidelines. (A) The consequence imposed should be the least restrictive necessary to effect learning more appropriate behavior and should be proportionate to the severity and extent of the violation. (B) The consequence should be imposed for the minimum period of time necessary to be effective in correcting the misbehavior. (C) When work restitution is the most appropriate consequence, the type, amount, and duration of the work assigned should be reasonably proportionate to the value of the property lost or damaged. (3) Procedure. (A) An on-site consequence is imposed in accordance with procedure in GOP.65.05, sec.91. 35. (B) The staff implementing any on-site disciplinary consequence documents in the daily log, the date, name of youth, reason for consequence, the consequence given and the occurrence of a Level III hearing. Supervisory staff review the log daily and sign. (4) Rules for imposing restriction. (A) The goal of restriction is to prevent the youth from participating in regular program activities when such restriction is perceived by the youth as a negative consequence and therefore serves to deter repetition of the misbehavior. (B) Restrictions may not interfere with basic rights. (C) Youth in institutions may be restricted to their rooms or to the dorm (living unit). (D) Youth in halfway houses are not restricted to their rooms. They may be restricted to the facility. (i) Facility restriction is the restriction of an individual youth to a halfway house facility and its immediate grounds for a specified period of time. (ii) Facility restrictions may exceed 48 hours only following an administrative hearing by a person or panel of staff who are not directly involved in the incident leading to the restriction. A written, signed, and dated report is completed and submitted to the superintendent. (5) Rules for imposing on-site work restitution. (A) Restriction in GOP. 53.07, sec.87.57 of this title (relating to Youth Employment and Work) also applies. (B) The goals of work restitution are to assist the youth to develop a sense of equity and a sense of pride and responsibility for personal behavior. The goal is not to recover loss caused by the youth. (C) The work required must be proportionate to the damage done and be in furtherance of the maintenance of the facility. (D) A reasonable value of the property lost or damaged is determined by the on-site fiscal department or program administrator. (E) Facility staff make reasonable efforts to assist youth in obtaining tools or materials necessary to restore or repair damage property; the cost of tools or materials not normally available at the facility may be included in the agreement to make restitution. (F) When work is imposed and completed, it is documented to include at least the following: (i) when and how the property was damaged and that youth did do the damage; (ii) number of hours worked, dates, type, and place of work when the work is complete; and (iii) signatures of staff and youth acknowledging completion of work. (G) The youth may volunteer to pay for damage to property but his doing so is strictly voluntary and is unrelated to the work restitution program. 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 August 9, 1991. TRD-9109588 Ron Jackson Executive Director Texas Youth Commission Effective date: August 30, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 483-5244 Due Process Hearing Report 37 TAC sec.91.31 The repeal is adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. 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 August 9, 1991. TRD-9109581 Ron Jackson Executive Director Texas Youth Commission Effective date: August 30, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 483-5244 The new section is adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to proper accomplishment of its functions. 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 August 9, 1991. TRD-9109587 Ron Jackson Executive Director Texas Youth Commission Effective date: August 30, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 483-5244 Control 37 TAC sec.sec.91.55, 91.57, 91.59, 91.63, 91.65, 91.69 The repeals are adopted under the Human Resources Code, s61.034, which provides Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. 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 August 9, 1991. TRD-9109582 Ron Jackson Executive Director Texas Youth Commission Effective date: August 30, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 483-5244 The new sections are adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to proper accomplishment of its functions. sec.91.55. Escape and Apprehension. (a) Policy. When a youth escapes or is apprehended while on escape from his authorized placement, Texas Youth Commission (TYC) staff notify law enforcement officials, staff, and other affected parties. (1) Escape occurs when a youth: (A) leaves the property of a TYC facility or contract program, or otherwise designated location, without permission of staff; or (B) fails to return at the designated time unless excused by the facility or program administrator. (2) Attempted escape occurs when a youth is seen attempting to escape, but is apprehended before he or she can leave the property of a TYC facility or contract program, or otherwise designated location. (b) Rules. (1) Notification of escape. (A) When it is determined that a youth has escaped, the local law enforcement authorities are notified immediately. (B) The local sheriff's department is requested to register the notice on the National Crime and Information Center (NCIC) computer to which all levels of law enforcement have access. (C) The youth's parole officer is notified of the escape by electronic mail. (D) A directive to apprehend is issued to alert police and other appropriate law enforcement agencies (i.e., sheriffs' departments, constables, etc.) of the escape. (E) Copies of the directive are sent to youth's parole officer in the committing county, county where the youth's parents reside, and area where it is believed the youth may be going. (F) The youth's parents are notified. (2) Notification of chief of security/security and apprehension officer. (A) If the youth has not been apprehended within 24 hours, the program administrator or designee notifies the TYC security and apprehension officer by electronic mail. (B) An apprehension packet is immediately forwarded by overnight mail to the security and apprehension officer. The packet includes: (i) youth profile; (ii) photograph (if available); and (iii) copy of directive to apprehend. (C) The security and apprehension officer prioritizes his involvement in the recovery efforts of escapees in accordance with the youth's: (i) classifying offense; (ii) risk to the community; and (iii) risk to self. (D) Upon apprehension the youth is placed in detention and the parole officer notifies the security and apprehension officer and the location from which the youth escaped. (E) The program administrator or designee determines the consequences for the youth's escape, taking into consideration: (i) injury to staff during escape; (ii) classifying offense; and (iii) commission of a criminal offense during escape. (F) Youth recovered from escape while on parole status who have not committed a new offense and who are not considered a high risk to the community, may be returned to active supervision. (3) Notification of apprehension. (A) Upon verifying that a youth has been apprehended the location issuing the escape notification informs local authorities immediately. (B) The sheriff's department is requested to cancel the NCIC notice. (C) The youth's parole officer is notified by electronic mail. (D) The directive is cancelled and notices of cancellation are issued to all locations who were sent copies. (E) The youth's family is notified within 24 hours. sec.91.57. Restriction of Youth Out of Control. (a) Policy. Texas Youth Commission (TYC) operated facilities may segregate a youth when he or she has lost control of his or her behavior. Such segregation must be for the minimum time required to allow a youth to regain self-control. A group of youth may be restricted to the dorm when staff concludes that there is imminent danger of group disturbance in which there is likely to be harm to self or others or destruction of property. When youth are restricted to a place other than the security unit for a disciplinary purpose rather than a control purpose, see General Operating Policy (GOP).63.13, sec.91.13 of this title (relating to On-Site Disciplinary Consequences). (b) Rules. (1) Segregation of a youth. (A) The segregation of a youth serves a "cooling off" purpose to allow the youth to regain control. It is time away from regularly scheduled activities. (B) Either staff or the youth but not the youth's group may request the youth's removal from the activity. (C) The youth may be removed to any room in the same building away from regular activity. Doors are not locked. (D) The reason for any segregation is explained to the youth and he is given the opportunity to explain his behavior. (E) The youth is joined by staff every 15 minutes for counseling during the first hour. (F) The youth assists in determining his readiness to resume regular activity. (G) Time limits on the use of segregation in the unit differ in institutions and halfway houses. (i) In an institution, segregation is limited to 55 minutes. When youth in institutions are unable to regain control after 55 minutes, staff should take other measures. (ii) In a halfway house when youth are unable to regain control, during the first hour, he may be restricted by the staff on duty if he is dangerous to himself or others or when there is substantial evidence to indicate that the youth is about to abscond. (I) Youth are not segregated to their bedrooms. (II) Segregation may not exceed a total of two hours. (III) Staff contacts the youth at least hourly and is available for counseling. (IV) Rooms are not locked. (H) The staff implementing the segregation of a youth documents the date, name of youth, and reason for segregation in the daily log. Supervisory staff review the log daily and sign. (2) Institutional dorm restriction. Dormitory restriction means all youth are restricted to the inside of the dormitory area. Dormitory staff may impose dorm restriction when the group process breaks down, the group is totally disruptive, and the staff is in danger of losing control. (3) Halfway house facility restriction. Facility restriction is applied to a single youth and only as an on-site disciplinary consequence. See GOP.63.13, s91.13 of this title (relating to On-site Disciplinary Consequences) . sec.91.59. Use of Force. (a) Policy. The Texas Youth Commission (TYC) prohibits the use of physical force as punishment and sanctions its use only as a control measure to ensure the safety and welfare of youth and staff. Physical force is to be used as a last resort and only for purposes justified under this policy. Isolation and full body restraint may be employed only in TYC institutions. Also see General Operating Policy (GOP).67.13 sec.67.13 of this title (relating to Mechanical Restraint Equipment). Allegations of unjustified force are reported and investigated in compliance with GOP.61.15 sec.89.15 of this title (relating to Alleged Mistreatment Rules and Definitions). (b) Rules. (1) Explanation of terms used. (A) Force-Any physical contact exerted upon a person to compel or arrest bodily movement. (B) Restraint-The complete or partial constraint of a person's bodily movement through physical or mechanical means. (C) Compel movement-The physical force used to cause the movement of a person from one location to another. (D) Mechanical restraints-A mechanical device(s) used to aid in the restriction of a person's bodily movement. (E) Full body restraint-The complete constraint of bodily movement to protect the youth from imminent serious self-injury achieved by securing a person on a bed in the security unit, face upward using cloth or leather restraint devices. (2) Criteria for use. The use of physical force (to restrain or compel movement) is limited to instances of: (A) protection of the youth from imminent self-harm; including the administration of medical treatment in life threatening or imminent serious self-injurious behavior; (B) self-protection from imminent harm; (C) protection of third parties from imminent harm; including resistance to search for contraband in compliance with GOP.67.03 sec.91. 53 of this title (relating to Search); (D) prevention of imminent property damage; (E) prevention of escapes, including escapes, attempts, and use during transportation when: (i) the youth has a history of escape or violent behavior; or (ii) behavior of the youth prior to or during transportation lead staff to believe the youth will attempt to escape and/or engage in violent behavior; and (F) movement of a referred youth to the security/detention unit or alternative education classroom. A youth may also be moved within the security or detention unit when the youth's behavior is substantially disruptive and the youth refuses to follow a reasonable order of the security/detention staff. (3) Restrictions. (A) Physical force is justified only as a last resort and only in instances listed in paragraph (2) of this subsection, concerning criteria for use. Last resort indicates that the staff has engaged in measured, progressively intense action to assist an out of control youth to regain self-control prior to considering use of force. When use of physical force is necessary, it should be measured and progressive in nature, however, the amount and type of force necessary to control violence should be used. Physical force is considered progressive as listed from clauses (i)-(v) as follows: (i) compel movement; (ii) restrain; (iii) use mechanical restraints; (iv) place in isolation (permitted only in the institution security unit); (v) full body restrain (permitted only in the institution security unit or infirmary). (B) Force shall not be used as punishment, as discipline, or as a convenience for staff. (C) Staff, not youth, shall be solely responsible for the exercise of force and restraint. (D) Staff shall restrain youth using techniques approved and taught by TYC. (E) Only restraint equipment approved by TYC may be used. See GOP.67.13 sec.67.13 of this title (relating to Mechanical Restraint Equipment). (F) When physical or mechanical restraint is employed, staff shall ensure the youth's safety by ensuring adequate respiration and circulation and providing continuous visual supervision until the restraint is terminated. (G) A staff member acting alone is not expected to use force or restraint when the risk of harm presented by the youth's conduct does not outweigh the possible risk of harm to youth or staff which would likely result if the staff acted alone. (4) Conditions and documentation of restraint except full body restraint. (A) Use of mechanical restraint must be approved by the program administrator or his designee prior to application. In an emergency, where prior authorization is not possible, the staff member employing restraint shall use appropriate force and justify the action on the required report. (B) A restraint, physical or mechanical, shall be terminated within 15 minutes unless the youth is exhibiting or threatening to continue behaviors which justify the use of restraint. If continued restraint is justified, restraint must be terminated when the youth's behavior ceases to pose a threat or, if used during transportation, when the destination is reached. (C) Use of restraint except during transportation shall not be employed for more than 30 minutes without the approval of the program administrator or his designee. The program administrator or his designee must document a justification for continued restraint every 30 minutes until termination of restraint. (D) All incidents involving the use of force are reported on the Incident Report, CCF-225, which must be completed by the employee using force no later than the conclusion of the shift. The facility administrator reviews the restraint report section of the incident report of all incidents involving the use of force. (5) Conditions and documentation of full body restraint. (A) When a youth is engaged in imminent and serious self-injury and all other less restrictive interventions by staff have failed, full body restraint may be authorized for the protection of the youth. (B) The use of the full body mechanical restraint method must be authorized prior to application by the superintendent or designee and one additional restraint trained child care staff. Authorization is valid for one hour. (C) At least one staff trained specifically in full body restraint techniques must be involved in any take down procedure. If at least one trained staff is not available to supervise, full body restraint shall not be employed. Trained staff shall include: (i) all security staff; (ii) all nursing staff; (iii) all social service administrators; (iv) all primary service workers; (v) the facility superintendent; and (vi) all administrative duty staff or any person likely to substitute for the superintendent. (D) A nurse shall check the physical condition of the youth and the placement of the restraints initially and every 30 minutes during the restraint. (E) Staff employing a full body mechanical restraint shall ensure the youth's personal dignity by providing a protected environment and as much privacy as possible. (F) All items or articles (i.e., belts, gloves, jewelry) with which a youth might injure himself shall be removed prior to application of restraint devices. However, youth shall be permitted to wear as much clothing as is safe. (G) Youth placed in a full body mechanical restraint shall be provided: (i) circulation and position checks at least every 15 minutes; (ii) opportunity for motion and exercise for a period of not less than five minutes at each half hour; (iii) regularly scheduled meals and drinks served on appropriate food ware for safety; (iv) regularly prescribed medications, unless otherwise ordered by a physician; (v) bathroom privileges; (vi) a room of adequate size, free of safety hazards, adequately ventilated during warm weather, adequately heated during cold weather and appropriately lighted; (vii) continuous visual supervision by staff. (H) Restraint shall be terminated as soon as the youth's behavior indicates the threat of imminent self-injury is absent. (I) All incidents involving the use of force are reported on the Incident Report, CCF-225, which must be completed by the employee using force no later than the conclusion of the shift. The facility administrator reviews the restraint report section of the incident report of all incidents involving the use of force. (J) A physician's order is required to continue the restraint longer than one hour. sec.91.69. Detention. (a) Policy. The Texas Youth Commission (TYC) may make use of community detention facilities to hold its youth with the consent of local authorities as allowed by the Human Resources Code. TYC will utilize community detention facilities in a manner consistent with local policies. If community detention is not available, a youth may be detained in the security unit of a TYC training school. (b) Rules. (1) Explanation of terms used. (A) Detention hearing-The court hearing required and described in the Texas Family Code to determine whether conditions exist to justify a detention order. (B) Detention review hearing-The TYC hearing required by this policy, held in lieu of a detention hearing for the same purpose. (C) Detention review conference-The meeting with a TYC supervisor requested by the TYC staff responsible for the youth, to justify the need and obtain approval to request detention by the county or the training school. (2) Criteria for detention. (A) A youth may be detained when there is probable cause to believe the youth engaged in delinquent conduct or conduct indicating a need for supervision and one of the following criteria is met: (i) the youth is likely to abscond and not appear at a disciplinary hearing; (ii) suitable supervision, care, or protection for the youth is not being provided by the parent or guardian and a less restrictive temporary shelter is not available or is inappropriate; or (iii) the youth is accused of committing a felony offense and may be dangerous to himself or others if released. (B) Youth are not placed in detention for the purpose of punishment. (3) Community detention. (A) TYC provides detention facilities office and home telephone numbers of staff to contact when TYC youth are detained. (B) Upon notification by detention staff, a TYC staff confirms whether the youth is under TYC authority and notifies the assigned placement facility of the detention, if appropriate, and the regional director of the allegations regarding behavior. (C) If TYC staff receives information that criminal or delinquent proceedings against the youth are pending or anticipated by local authorities, TYC shall no longer hold the youth in detention and will cease any plans for a hearing until further notice of deferral to TYC by local authorities. (D) If the parole officer or other local TYC staff responsible for the youth determines the youth has not committed any offense or is from a facility and local authorities have not ordered the youth's detention, arrangements are made for immediate return to the TYC facility. (E) If the parole officer or other staff determines that there is probable cause to believe that offenses have been committed and that detention is warranted, he holds a detention review conference with the parole supervisor or other TYC program administrator to justify and obtain approval for having the youth held in detention. The conference must be held prior to the first county detention hearing, if any. (F) TYC staff provide necessary documentation to local authorities when requesting the use of detention. (G) TYC staff visit detained students daily where possible. No more than three days may pass without a visit by the staff responsible for the youth. (H) If detention hearings are held by the county, TYC staff participates as requested and no other hearings are required. (I) If, following the detention hearing, further detention is not allowed by the county: (i) the youth is released to a responsible party who will make sure the youth attends the disciplinary hearing; or (ii) detention admission to a training school pending further disposition is requested. (J) If detention hearings are not held by the county, TYC staff hold a detention review hearing (Level IV hearing) for any youth being held. See General Operating Policy GOP.65.07, sec.91.37 of this title (relating to Level IV Hearing Procedure) . The detention review hearing is held on or before the 10th day of detention when a Level I or II hearing cannot be held within 10 days and further detention is necessary and appropriate. (4) Training school detention. (A) Detention admission in a training school may be sought only if a local community detention facility is not available. (B) A youth may be detained in a training school for detention for up to 10 days pending a hearing. (i) Extensions beyond 10 days pending a Level I hearing require that a detention review hearing be held on or before the 10th day. (See GOP.65. 07, sec.91.37.) (ii) Extensions beyond 10 days for youth held pending transfer hearing (Level II), require the approval of the executive director or designee but do not require a detention review hearing. (C) Each request for detention admission is authorized by the regional director responsible for the referring program. (D) The regional director obtains approval for the placement from the director of institutions. (E) The referring staff shall electronically enter all required forms prior to transporting the youth. (F) The referring staff is responsible for transporting or arranging transportation of the youth to and from the receiving program. (G) The referring staff is responsible for presenting the following documentation at the time of admission: (i) written statement including purpose of admission supporting documentation, i.e., any incident reports or arrest reports, and expected length of stay; (ii) the medical subfile, if available or copies of medical records; and (iii) any medication the youth is taking. (H) Upon admission the youth's case is assigned to the institutional placement coordinator who is responsible at a minimum for: (i) ensuring that intake information is present; and (ii) seeing the youth at least once each day. sec.91.73. Resocialization Program. (a) Policy. The Texas Youth Commission maximum security institution operates a resocialization program within the regular program. Youth classified as sentenced offenders or violent offenders who have intentionally exhibited aggressive, destructive, and assaultive behavior and have not responded to the treatment program may be eligible. The program is highly restrictive and intensive and is operated in an on campus unit separate from other units and campus activities. (b) Rules. (1) Criteria. (A) A youth's immediate behavior must meet one of the following eligibility criteria: (i) assault of TYC staff; (ii) one or more serious assaults on a student, resulting in bodily injury; (iii) willful destruction of property; (iv) escape with exacerbating circumstances, i.e., aggravated assault, arson, or possession of a weapon. (B) The admission decision is based on the following considerations: (i) severity of the incident; (ii) previous behavior indicating a continuing course of conduct; (iii) previous interventions attempted; (iv) sufficiency of other less restrictive interventions at this time; (v) probability of success of the GRP. (C) The fact finding portion of a Level II hearing is held to determine the facts of the youth's behavior. (D) Admission approval by the superintendent or assistant superintendent is required. (2) Release. (A) Each youth remains in program for a minimum of 30 days and must successfully complete specific objectives. Reintegration is individual and graduated. (B) The resocialization program treatment team reviews progress weekly and determines when objectives have been met sufficiently to progress through levels and when release from the program has been earned. The team approves return to regular program. (3) Program requirements. Privileges afforded in the regular program may be restricted in the following areas: (A) types of clothing worn may be controlled. Wearing of outdoor shoes may be limited to outdoor activity; (B) visitation may be restricted to adult family members and attorneys; (C) incoming calls may be restricted to those of parents or guardians and attorneys. 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 August 9, 1991. TRD-9109589 Ron Jackson Executive Director Texas Youth Commission Effective date: August 30, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 483-5244 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 10. Family Self-Support Services The Texas Department of Human Services (DHS) adopts the repeal of sec.10. 3456, amendments to sec.sec.10.3411, 10.3412, 10.3414, 10.3415, 10.3424, 10.3433, 10.3453, and 10.3454, and new sec.sec.10.3460-10.3465, concerning family self-support services. Sections 10.3464 and 10.3465 are adopted with changes to the proposed text as published in the June 14, 1991, issue of the Texas Register (16 TexReg 3247). Sections 10.3456, 10.3411, 10.3412, 10.3414, 10. 3415, 10.3424, 10.3433, 10.3453, 10.3454, and 10.3460-10.3463 are adopted without changes and will not be republished. Justification for the repeal, amendments, and new sections will be expanded availability of child care for low income families, consistency in provider eligibility requirements, and consistency in submittal and reimbursement of providers' billings. The repeal, amendments, and new sections will function by deleting the minimum age requirement for providers of self-arranged child care, making the eligibility requirements more consistent with funding sources for the purchase of child care, clarifying the categories of parents eligible for exemption from payment of fees, clarifying billing schedules, making client and provider eligibility requirements consistent with funding sources, adding client and provider eligibility requirements for child care and development block grant (CCDBG) funding, and adding new client and provider eligibility requirements for self-arranged child care. The department received comments from representatives of the Association for Retarded Citizens, Texas; Texas Developmental Disabilities Council; United Way of Texas Child Care Working Group; Infant Parent Program, Austin; Child Care Coordinator, City of Austin; and Texas Planning Council for Developmental Disabilities at the public hearing in Austin on June 18, 1991. During the public comment period, seven written comments were submitted from the Association for Retarded Citizens, Texas; YWCA, El Paso; Texas Planning Council for Developmental Disabilities; Mental Health Association in Texas; Early Learning Centers of Lubbock, Inc.; Texas Juvenile Probation Commission; and the Texas Department of Mental Health and Mental Retardation. Following are comments, recommendations, and DHS's responses. sec.10.3412. Availability of Purchased Child Care Services. The department received one comment supporting sec.10.3412(c). sec.10.3462. Priority for Intake Services. Two commenters disagree with listing teen parents as number 15 out of 16 priorities for intake services, and recommend giving teen parents higher ranking. DHS response: Retain sec.10.3462 as proposed. Teen parents may be eligible to receive services under one or more of the nine funding sources through which DHS purchases child care, and they may be selected from priority groups 1 through 15. Priority 15 of this rule represents the first time DHS has set aside a priority specifically for teen parents. It addresses intake of those teen parents who are not eligible under one of the other funding sources. sec.10.3464. Eligibility for Child Care and Development Block Grant Funded Child Care. Two commenters favor the eligibility criteria for clients. One commenter suggests setting aside a percentage of funding for homeless families. DHS response: Retain sec.10.3464 as proposed. The department has no residency requirement for the receipt of child care; therefore, homeless parents who are working or in training and meet income guidelines are eligible to receive child care services. Homeless families are also eligible for other department-sponsored programs which gives them equal eligibility status with other individuals. The department received five comments strongly favoring s10.3464(3) regarding child care for developmentally delayed children. The department received one comment requesting the rewording of sec.10.3464(3) to specify that a minimum of 10% of the CCDBG funds available for purchasing child care be set aside for purchasing child care for the developmentally delayed, to include the deduction of initial, incurred medical costs as well as ongoing medical expenses from the family's income before determining the family's income eligibility status for child care for the developmentally delayed, and to include the deduction of incurred and ongoing medical expenses for all eligible developmentally delayed children. DHS response: In response to these comments, sec.10.3464(3) is revised as follows: Developmentally delayed children in families whose income is below 150% of the federal poverty income level and whose parents are working or are in training or school. DHS will reserve 10% of the CCDBG funds available for child care to purchase care for these children. The cost of children's unpaid initial and ongoing medical expenses not covered by insurance must be deducted from the family's income before determining the family's income eligibility status. In addition, the medical deduction will apply only to CCDBG-eligible, developmentally delayed children who have been diagnosed by a qualified specialist. The condition must substantially limit the child's ability to function at age level. The department received two comments that oppose limiting the definition of special needs children to those with developmental delay. The commenters recommend expanding sec.10.3464(3) to include children with a physical, developmental, emotional, behavioral, or mental delay or disorder, or with limited English proficiency, as determined by an appropriate professional. DHS response: Retain the rule as proposed, because the requirement in sec.10. 3464(3) provides exclusive funding for developmentally delayed children. Other categories of eligible special needs children are provided care through one or more of the DHS child care funding sources. Under current policy, "children with special needs" refers to any child who has a physical or mental handicap or a child who is seriously delayed in his social, emotional, intellectual, or physical development and whose condition has been determined by a specialist. Children with developmental delay is only one of the "special needs" groups already being served. Limited English proficiency is an eligibility criterion for the Pre-Kindergarten program. The department coordinates service delivery to eligible clients with this program, and believes that the inclusion of limited proficiency in English as a criteria for CCDBG eligibility would be a duplication of services. One commenter requested that determination of special needs be done by a wide variety of professionals and not hinge on participation in a specific program. DHS response: Current policy requires that the determination of "special needs" be made by a qualified specialist. According to this policy, a variety of professionals qualify as specialists, including doctors, therapists (physical or occupational), psychologists, social workers, and special education diagnosticians. The exact kind of specialist involved in the assessment depends on the child's special needs. Access to child care purchased by the department is based on eligibility for the service. Access to services is not limited to children with specific categories of handicapping conditions. The department does not include participation in another program for special needs children in the eligibility criteria for child care services. One commenter requested that parent education and support programs be considered for the early childhood development activities. DHS response: Parent education and other support programs are planned as part of the delivery of all CCDBG programs. The department received one comment recommending that sec.10.3464(4) be amended to state that children receiving DHS-purchased child care as specified in sec.10.3416 of this title (relating to Child Care for Abused and Neglected Children) will receive CCDBG child care without regard to income. In response to this comment, sec.10.3464(4) has been revised to read as follows: Children receiving DHS-purchased child care as specified in sec.10.3416 of this title (relating to Child Care for Abused and Neglected Children). This group may receive CCDBG funded child care without regard to income for up to six months after they are no longer eligible to receive Title XX funded protective services child care. DHS child protective services (CPS) caseworkers or CPS in-home case management contractors must authorize child care for these clients. They must use the forms and procedures required by the DHS child care program. This rule change is also based on a policy interpretation received from the Department of Health and Human Services (HHS) on July 11, 1991. According to HHS, CCDBG grantees may choose to serve protective services eligible children without regard to income. sec.10.3465. Self-Arranged Child Care. The department received one comment requesting the rewording of sec.10.3465(e), the final line to be "as long as the clients remain eligible for DHS funded child care." DHS Response: Subsection (e) of this section has been revised to read as follows: Clients who receive reimbursement, prior to the effective date of this section, for care arrangements with providers who do not meet the conditions in subsection (c) or (d) of this section may continue to receive reimbursement for these care arrangements as long as the clients remain eligible or until the eligible clients select alternate care arrangements. Any provider selected by these clients for self-arranged child care on or after the effective date of this section must meet the criteria in subsection (c) or (d) of this section. The rule has been changed to allow continuity of the child care arrangement for eligible clients already receiving care while restricting the use of the provider by other eligible clients. The department received one comment requesting that child care managment services (CCMS) contractors be allowed a waiver to approve other self-arranged care for clients whose erratic work schedules and/or geographic isolation make it impossible for the CCMS staff to refer the clients to vendors. DHS Response: No additional changes to the proposed rule are needed. Under current policy, the CCMS contractor may allow specific categories of clients to self-arrange child care when no regulated child care exists or when the client's work hours do not coincide with traditional hours of operation of child care vendors. The policy proposed in subsection (b) of this section opens this option to all client categories except protective services. Child Care Management Services Statewide Implementation 40 TAC sec.sec.10.3411, 10.3412, 10.3414, 10.3415, 10.3424, 10. 3433, 10.3453, 10.3454 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 44, which authorizes the department to administer public assistance and day care programs. 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 August 9, 1991. TRD-9109554 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: September 7, 1991 Proposal publication date: June 14, 1991 For further information, please call: (512) 450-3765 40 TAC sec.10.3456 The repeal is adopted under the Human Resources Code, Title 2, Chapters 22 and 44, which authorizes the department to administer public assistance and day care programs. 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 August 9, 1991. TRD-9109555 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: September 7, 1991 Proposal publication date: June 14, 1991 For further information, please call: (512) 450-3765 40 TAC sec.sec.10.3460-10.3465 The new sections are adopted under the Human Resources Code, Title 2, Chapters 22 and 44, which authorizes the department to administer public assistance and day care programs. sec.10.3464. Eligibility for Child Care and Development Block Grant Funded Child Care. The Texas Department of Human Services (DHS) uses child care and development block grant (CCDBG) funds to purchase child care for clients who meet the requirements stated for the following client groups: (1) Children in families whose family income is below 150% of the federal poverty income level and whose parents are either working or are in training or school. These children will continue to receive child care for one year after the family income exceeds 150% of the federal poverty income level, provided the family income remains below 185% of the federal poverty income level; (2) children of teen parents whose family income is below 150% of the federal poverty income level and who need child care in order to complete high school or the equivalent, as specified in sec.10.3414 of this title (relating to Exceptions to Eligibility); (3) developmentally delayed children in families whose income is below 150% of the federal poverty income level and whose parents are working or are in training or school. DHS will reserve 10% of the CCDBG funds available for child care to purchase care for these children. The cost of children's unpaid initial and ongoing medical expenses not covered by insurance must be deducted from the family's income before determining the family's income eligibility status; (4) children receiving DHS-purchased child care as specified in sec.10.3416 of this title (relating to Child Care for Abused and Neglected Children). This group may receive CCDBG funded child care without regard to income for up to six months after they are no longer eligible to receive Title XX funded protective services child care. DHS child protective services (CPS) caseworkers or CPS in-home case management contractors must authorize child care for these clients. They must use the forms and procedures required by the DHS child care program. sec.10.3465. Self-Arranged Child Care. (a) The Texas Department of Human Services (DHS) uses all available funding sources to reimburse eligible parents for payments made to an eligible provider for self-arranged child care. (b) Clients in the eligibility categories specified in sec.10.3462(2)-(16) of this title (relating to Priority for Intake Services) are eligible to receive reimbursement for child care arrangements they make with providers that do not have child care management services vendor agreements provided that child care was authorized according to sec.10.3461 of this title (relating to Authorization of Child Care Services). (c) A provider of self-arranged child care for the categories of clients listed in sec.10.3462(2) and (3) of this title (relating to Priority for Intake Services) must meet DHS licensing requirements and be subject to routine monitoring by DHS. (d) A provider of self-arranged child care for the categories of clients listed in sec.10.3462(4)-(16) of this title (relating to Priority for Intake Services) must be at least 18 years of age and satisfy one of the following requirements: (1) be regulated by DHS or another state or local governmental entity; or (2) be a grandparent, aunt, or uncle of the eligible child. (e) Clients who receive reimbursement, prior to the effective date of this section, for care arrangements with providers who do not meet the conditions in subsection (c) or (d) of this section may continue to receive reimbursement for these care arrangements as long as the clients remain eligible or until the eligible clients select alternate care arrangements. Any provider selected by these clients for self-arranged child care on or after the effective date of this section must meet the criteria in subsection (c) or (d) of this section. 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 August 9, 1991. TRD-9109556 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: September 7, 1991 Proposal publication date: June 14, 1991 For further information, please call: (512) 450-3765 Chapter 15. Medicaid Eligibility Subchapter D. Resources The Texas Department of Human Services (DHS) adopts amendments to sec.sec.15.433 15.455, 15.500, and 15.465 concerning Medicaid eligibility. Section 15.455 and sec.15.500 are adopted with changes to the proposed text as published in the July 2, 1991, issue of the Texas Register (16 TexReg 3763). Section 15.433 adn sec.15.465 are adopted without changes and will not be republished. Justification for the amendments is the provision of continuing services to enable primary home care clients to remain as independent as possible in the community. The amendments will function by deleting the reference to Waiver V of the ICF-II waiver. Waiver V is being replaced, effective July 1, 1991, by the Social Security Act, sec.1929(b)(2)(B), as the Medicaid funding source for primary home care services under Title XIX of the Social Security Act. The department received no comments regarding adoption of the amendments. The department has initiated changes to reflect that TP51J is replacing Rider 49 as the designated funding source. 40 TAC sec.15.433 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. 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 August 9, 1991. TRD-9109557 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: September 3, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 450-3765 Subchapter E. Income 40 TAC sec.15.455, sec.15.465 The amendments are proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. sec.15.455. Unearned Income. (a) (No change.) (b) Support and maintenance. The following requirements apply to support and maintenance: (1)-(4) (No change.) (5) The one-third amount does not apply in the following situations: (A)-(D) (No change.) (E) the client (or eligible couple) living in another's household is a TP51J or Social Security Act, 1929(b)(2)(B), client whose eligibility is continued under an institutional Medical Assistance Only type program; that is, one of the institutional income limits is being used to determine eligibility. (c)-(e) (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 August 9, 1991. TRD-9109558 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: September 3, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 450-3765 Subchapter F. Budgets and Payment Plans 40 TAC sec.15. 500 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. sec.15.500. Nonvendor Living Arrangements. (a) The department determines eligibility for individuals and couples (in nonvendor living arrangements) who: (1) (No change.) (2) apply for or have eligibility redetermined under Type Program 03, the Social Security Act, 1929(b) (2)(B), or TP51J criteria; (3)-(4) (No change.) (b) The department uses the full SSI-payment standard (in a nonvendor individual budget) for a client or the special income limit for the Social Security Act, 1929(b)(2) (B), or TP51J client and considers only his income. The department prepares an individual budget if the client is single, widowed, or divorced; or a married person who is: (1)-(3) (No change.) (c) The department prepares a companion budget, using the full SSI payment standard for an individual, if a client lives with his ineligible spouse during any part of a calendar month. The department prepares companion budgets for the Social Security Act, 1929(b)(2)(B), clients using the department's special income limit. The income of the ineligible spouse may be deemed available to the client (except for TP51J clients). (d) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 9, 1991. TRD-9109559 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: September 3, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 450-3765 Chapter 19. Long Term Care Nursing Facility Requirements for Licensure and Medicaid Certification Subchapter S. Reimbursement Methodology for Nursing Facilities 40 TAC sec.19.1805 The Texas Department of Human Services (DHS) adopts an amendment to sec.19. 1805, with changes to the proposed text as published in the April 23, 1991, issue of the Texas Register (16 TexReg 2281). The purpose of the amendment is to add to unallowable costs, for nursing facility Medicaid reporting purposes, the cost of specialized services and treatment related to fulfillment of preadmission screening and annual resident review (PASARR) requirements. The section as amended will function by clarifying the unallowable costs for the Medicaid reimbursement methodology for nursing facilities. Comments were received from the Texas Health Care Association (THCA). THCA's comment and DHS's response follow. Comment: THCA commented that DHS should limit the PASARR costs unallowed for cost reporting purposes only to those reimbursed through the Texas Department of Mental Health and Mental Retardation. Response: DHS agrees and has clarified sec.19.1805(34) to read: any expenses related to the direct delivery of specialized services and treatment required by Preadmission Screening and Annual Resident Review (PASARR) for residents, since these costs are reimbursed through the Texas Department of Mental Health and Mental Retardation. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. sec.19.1805. List of Unallowable Costs. The following list of unallowable costs is not comprehensive, but rather serves as a general guide and clarifies certain key expense areas. The absence of a particular cost does not necessarily mean that it is an allowable cost. Except where specific exceptions are noted, the allowability of all costs is subject to the general principles specified in sec.19.1803(a) and (b) of this title (relating to Allowable and Unallowable Costs): (1)-(33) (No change.) (34) any expenses related to the direct delivery of specialized services and treatment required by Preadmission Screening and Annual Resident Review (PASARR) for residents, since these costs are reimbursed through the Texas Department of Mental Health and Mental Retardation. 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 August 8, 1991. TRD-9109477 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1991 Proposal publication date: April 23, 1991 For further information, please call: (512) 450-3765 Chapter 48. Community Care for Aged and Disabled Eligibility The Texas Department of Human Services (DHS) adopts the repeal of sec.48.2908 and amendments to sec.48.2906 and sec.48.2918 concerning community care for aged and disabled, without changes to the proposed text as published in the July 2, 1991, issue of the Texas Register (16 Tex Reg 3763). Justification for the amendments and repeal will be continuing services for clients to remain as independent as possible in the community. The amendments will function by deleting the reference to Waiver V of the ICF-II waiver. Waiver V is being replaced by the Social Security Act, sec.1929(b) (2)(B), as the Medicaid funding source for primary home care services under Title XIX of the Social Security Act. No comments were received regarding adoption of the repeal and amendments. 40 TAC sec.48.2906, sec.48.2918 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. 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 August 9, 1991. TRD-9109560 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: September 3, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 450-3765 40 TAC sec.48.2908 The repeal is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. 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 August 9, 1991. TRD-9109561 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: September 3, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 450-3765 Part IX. Texas Department on Aging Chapter 297. Homemaker I Service Standards Statutes and Regulations 40 TAC sec.sec.297.1, 297.3, 297.5, 297.7, 297.9, 297.11, 297.13, 297.15, 197.17 The Texas Department on Aging adopts new sec.sec.297.1, 297.3, 297.5, 297.7, 297.9, 297.11, 297.13, 297.15, and 197.17 concerning Homemaker I Service Standards, without changes to the proposed text as published in the February 8, 1991, issue of the Texas Register (16 TexReg 759). Development of Homemaker I Service Standards was needed to establish the minimum requirements of the department for providing these services to promote quality and uniformity in delivery of services statewide. The new section will provide to service providers the requirements for developing responses for proposals issued by area agencies and will assist them in structuring services in a uniform and consistent manner expected by area agencies on aging and the Department on Aging. No comments were received regarding adoption of the new sections. The new sections are adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation 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 August 7, 1991. TRD-9109410 Polly Sowell Executive Director Texas Department on Aging Effective date: August 28, 1991 Proposal publication date: February 8, 1991 For further information, please call: (512) 444-2727 State Board of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's note: As required by the Insurance Code, Article 5.96 and Article 5.97, the Register publishes notices of actions taken by the State Board of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure and Texas Register Act, and the final actions printed in this section have not been previously published as proposals. The text of the material being adopted will not be published, but may be examined in the offices of the State Board of Insurance, 1110 San Jacinto Street, Austin.) The State Board of Insurance has adopted a filing submitted by the Insurance Services Office, Inc., (ISO) of a revised coverage form for commercial glass insurance. In accordance with the provisions of the Insurance Code, Article 5.97, a text of the proposed filing has been filed in the office of the Chief Clerk of the State Board of Insurance. The proposed filing has been available for public inspection for 15 days and a public hearing was not requested by any party. All of the revisions adopted by the State Board of Insurance pertain to Section E of the Texas Glass Coverage Form, "Loss Conditions". Generally, the changes are intended to specify the Insurer's rights and proposed requirements in the event of a loss. The specific changes adopted include: permitting an insurer to inspect damaged and undamaged property; permitting an insurer to examine the insured under oath; permitting an insurer to examine the insured's books and records; and requiring the insured to submit proof of loss. The revised glass coverage form becomes effective December 1, 1991, under the following rule of application: These changes are applicable to all policies effective on or after December 1, 1991. No policy effective prior to December 1, 1991, shall be endorsed or cancelled and rewritten to take advantage of or to avoid the application of these changes except at the request of the insured and using the cancellation procedures applying on the date of such request. This notice is filed pursuant to the Insurance Code, Article 5.97, which exempts it from the requirements of the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 9, 1991. TRD-9109509 Nicholas Murphy Chief Clerk State Board of Insurance Effective date: December 1, 1991 For further information, please call: (512) 463-6327 The State Board of Insurance has adopted a filing submitted by the Insurance Services Office, (ISO) of a revised Coverage Form N and an advisory renewal endorsement, for use with the commercial crime insurance program. In accordance with the provisions of the Insurance Code, Article 5.97, a text of the proposed filing has been filed in the office of the chief clerk of the State Board of Insurance. The proposed filing has been available for public inspection for 15 days and a public hearing was not requested by any party. Coverage Form N, is titled "Safe Depository Direct Loss Coverage Form". The form is designated, CR 00 15. Section D, "Additional Exclusions, Conditions and Definitions" has been revised to correct two technical errors in the existing forms. The first revision clarifies that the company will not pay more than the actual cash value of the property or the cost of repair. The second revision stipulates that the valuation methods listed in subsection 1 (c) of the Valuation Settlement section are alternatives. The advisory renewal endorsement provides insurers with a suggested method for renewing policies and the basic information that might be included in the renewal endorsement. The revised Coverage Form N becomes effective December 1, 1991, under the following rule of application: These changes are applicable to all policies effective prior to December 1, 1991. No policy effective prior to December 1, 1991, shall be endorsed or cancelled and rewritten to take advantage of or to avoid the application of these changes except at the request of the insured and using the cancellation procedures applying on the date of such request. This notice is filed pursuant to the Insurance Code, Article 5.97, which exempts it from the requirements of the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 9, 1991. TRD-9109510 Nicholas Murphy Chief Clerk State Board of Insurance Effective date: December 1, 1991 For further information, please call: (512) 463-6327 The State Board of Insurance has adopted a filing submitted by the Insurance Services Office, of revised rating rules for the commercial crime insurance program. In accordance with the provisions of the Insurance Code Article 5.97, a text of the proposed filing has been filed in the office of the chief clerk of the State Board of Insurance. The proposed filing has been available for public inspection for 15 days and a public hearing was not requested by any party. The State Board of Insurance has adopted revisions to several rules, clarifying the rules' application. Other revisions have been adopted to reduce inconsistencies among the rules and rate tables. The State Board of Insurance also adopted new discount multipliers for alarm systems recognized under Coverage Form C, Theft, Disappearance and Destruction; Coverage Form D, Robbery and Safe Burglary; and Coverage Form E, Premises Burglary. The multipliers were developed by interpolation and based on judgment. Two new categories have been recognized and assigned discount multipliers. The categories are "Police Connection" and "Limited Merchantile". Police Connection refers to an alarm system that is installed in a premises and connected to a police station. The Limited Merchantile System refers to an alarm system that has a sounding device, sends signals to a central station and is wired to all movable accessible doors to limit movement within the premises. The revised rating rules become effective December 1, 1991, under the following rule of application. These changes are applicable to all policies effective on or after December 1, 1991. No policy effective prior to December 1, 1991, shall be endorsed or cancelled and rewritten to take advantage of or to avoid the application of these changes except at the request of the insured and using the cancellation procedures applying on the date of such request. This notice is filed pursuant to the Insurance Code, Article 5.97, which exempts it from the requirements of the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 9, 1991. TRD-9109511 Nicholas Murphy Chief Clerk State Board of Insurance Effective date: December 1, 1991 Proposal publication date: (512) 463-6327 For further information, please call: (512) 463-6327 The State Board of Insurance has adopted a filing submitted by Foremost Insurance Company of a revised Personal Theft Policy. In accordance with the provisions of the Insurance Code, Article 5.97, a text of the proposed filing has been filed in the office of the Chief Clerk of the State Board of Insurance. The proposed filing has been available for public inspection for 15 days and a public hearing was not requested by any party. The Personal Theft Policy pays for loss caused by theft or attempted theft of the insured's personal property located in or away from the insured's premises. The policy also covers damage to the premises and to the insured property. The policy's exclusions have been revised to specifically exclude coverage of a motor vehicle, all terrain vehicle or snowmobile; as well as property left unattended in or on a motor vehicle, all terrain vehicle or snowmobile. There are no rate consequences associated with this revision. This filing become effective September 1, 1991, under the following rule of implementation. This filing will be effective for all new policies written to be effective on and after September 1, 1991, and all renewals written to be effective on and after October 1, 1991. No policy effective prior to the above dates is to be cancelled and rewritten to take advantage of or to avoid the application of this filing except at the request of the insured. This notice is filed pursuant to the Insurance Code, Article 5.97, which exempts it from the requirements of the Administrative Procedure and Texas Register Act. Issued in Austin, Texas, on August 9, 1991. TRD-9109512 Nicholas Murphy Chief Clerk State Board of Insurance Effective date: September 1, 1991 For further information, please call: (512) 463-6327 The State Board of Insurance has adopted a filing submitted by Foremost Insurance Company of revised rates and rules and an amended endorsement, for the Personal Theft Insurance Program. In accordance with the provisions of the Insurance Code, Article 5.97, a text of the proposed filing has been filed in the office of the Chief Clerk of the State Board of Insurance. The proposed filing has been available for public inspection for 15 days and a public hearing was not requested by any party. The State Board of Insurance (Board) has adopted an overall 26.9% increase in the rates approved for the Personal Theft Insurance Program. The Board has also adopted several changes to the rating rules for this program. The Minimum Policy Premium rule, the Pro Rata Table and the Short Rate Table have been deleted. The Pro Rata Table has been replaced by a new rule which specifies how to compute the earned and unearned pro rata factors. The Short Rate Table has been deleted because the provisions that required initial premium and return premiums to be calculated on a short term basis have been revised to exclude the short rate requirement. Under the revised rules, all calculations will be on a pro rata basis. Removal of the short rate provisions also necessitated the revision of the policy condition regarding cancellation. The Board adopted a revision to the mandatory endorsement; Amendment of Termination Provisions, designated Form 4036, to eliminate the policy's reference to short rate cancellation. This filing becomes effective September 1, 1991, under the following rule of implementation. This filing will be effective for all new policies written to be effective on and after September 1, 1991, and all renewals written to be effective on and after October 1, 1991. No policy effective prior to the above dates is to be cancelled and rewritten to take advantage of or to avoid the application of this filing except at the request of the insured. This notice is filed pursuant to the Insurance Code, Article 5.97, which exempts it from the requirements of the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 9, 1991. TRD-9109513 Nicholas Murphy Chief Clerk State Board of Insurance Effective date: September 1, 1991 For further information, please call: (512) 463-6327 Open Meetings Agencies with statewide jurisdiction must give at least seven days notice before an impending meeting. Institutions of higher education or political subdivisions covering all or part of four or more counties (regional agencies) must post notice at least 72 hours prior to a scheduled meeting time. Some notices may be received too late to be published before the meeting is held, but all notices are published in the Texas Register. Emergency meetings and agendas. Any of the governmental entities named above must have notice of an emergency meeting, an emergency revision to an agenda, and the reason for such emergency posted for at least two hours before the meeting is convened. Emergency meeting notices filed by all governmental agencies will be published. Posting of open meeting notices. All notices are posted on the bulletin board outside the Office of the Secretary of State on the first floor of the East Wing in the State Capitol, Austin. These notices may contain more detailed agenda than what is published in the Texas Register. Texas Department of Agriculture Wednesday, August 28, 1991, 9 a.m. The Texas Corn Producers Board of the Texas Department of Agriculture will meet at the Radisson Plaza Hotel at Austin Centre, 700 San Jacinto Street, Austin. According to the agenda summary, the board will approve minutes; review and discuss financial statement; review or amend 1990-1991 budget; review projects; set deadline for 1991-1992 research proposals; approval of 1991-1992 budget; activity reports; and discuss other business. Contact: Carl King, 218 East Bedford, Dimmitt, Texas 79027, (806) 647-4224. Filed: August 12, 1991, 2:09 p.m. TRD-9109638 Bond Review Board Tuesday, August 13, 1991, 10 a.m. The Staff of the Bond Review Board met at the State Capitol, Sergeant's Committee Room, Austin. According to the emergency revised agenda summary, the staff also discussed permanent school fund letter ruling request; discussion of request for proposal for financial advisor for the public school facilities funding program; and discussion of Texas Agricultural Finance Authority Agricultural Revenue Bonds, Series 1991. The emergency status was necessary to allow timely consideration of items that may be presented to the board later this month. Contact: Tom K. Pollard, 506 Sam Houston Building, 201 East 14th Street, Austin, Texas 78701, (512) 463-1741. Filed: August 9, 1991, 2:22 p.m. TRD-9109551 Texas Department of Commerce Wednesday, August 21, 1991, 10 a.m. The Texas Literacy Council of the Texas Department of Commerce will meet at the First City Centre, 11th Floor Board Room, 816 Congress Avenue, (between Eighth and Ninth Streets), Austin. According to the agenda summary, the council will hear public comment; family literacy programs; El Paso Community College; Region IX Education Service Center, Beaumont program handout and brief comments; report of foundation committee; program development committee legislative update; (tentative) manager's report; and adjourn. Contact: Martha Alworth, P.O. Box 12728, Austin, Texas 78711, (512) 320-9498. Filed: August 13, 1991, 9:42 a.m. TRD-9109666 Texas Department of Criminal Justice, Board of Pardons and Paroles Monday-Friday, August 19-23, 1991, 10 a.m. The Board of Pardons and Paroles of the Texas Department of Criminal Justice will meet at 2503 Lake Road, Suite #9, Huntsville. According to the agenda summary, a panel (composed of 3 board members) will receive, review, and consider information and reports concerning prisoners/inmates and administrative releasees subject to the board's jurisdiction and initiate and carry through with appropriate action. Contact: Juanita Llamas, 8610 Shoal Creek Boulevard, Austin, Texas 78758, (214) 459-2744. Filed: August 9, 1991, 4:17 p.m. TRD-9109592 Monday-Friday, August 25-30, 1991, 10 a.m. The Board of Pardons and Paroles of the Texas Department of Criminal Justice will meet at 2503 Lake Road, Suite #9, Huntsville. According to the agenda summary, a panel (composed of 3 board members) will receive, review, and consider information and reports concerning prisoners/inmates and administrative releasees subject to the board's jurisdiction and initiate and carry through with appropriate action. Contact: Juanita Llamas, 8610 Shoal Creek Boulevard, Austin, Texas 78758, (214) 459-2744. Filed: August 9, 1991, 4:17 p.m. TRD-9109593 Texas School for the Deaf Friday, August 16, 1991, 8:30 a.m. The Governing Board Policy Committee of the Texas School for the Deaf will meet at 1102 South Congress Avenue, Conference Room T-3, Austin. According to the agenda summary, the committee will review and discuss policy amendment-local school goverance; policy review-basic district foundations; policy adoption-instruction; and policy deletion-local school goverance. Contact: Sally Custer, 1102 South Congress Avenue, Austin, Texas 78764, (512) 440-5335. Filed: August 8, 1991, 11:47 a.m. TRD-9109475 Friday, August 16, 1991, 10:30 a.m. The Governing Board Budget Committee of the Texas School for the Deaf will meet at 1102 South Congress Avenue, Conference Room T-3, Austin. According to the complete agenda, the committee will review and discuss FY 1991 cash budget; and authorization to operate. Contact: Sally Custer, 1102 South Congress Avenue, Austin, Texas 78764, (512) 440-5335. Filed: August 8, 1991, 11:44 a.m. TRD-9109473 Friday, August 16, 1991, 1 p.m. The Governing Board of the Texas School for the Deaf will meet at 601 Airport Boulevard, Conference Room, Austin. According to the agenda summary, the board will call the meeting to order; approval of the minutes of June 1, 1991; discuss business for information purposes; business requiring board action; meet in executive session; hear comments by members; and adjournment. Contact: Sally Custer, 1102 South Congress Avenue, Austin, Texas 78764, (512) 440-5335. Filed: August 8, 1991, 11:46 a.m. TRD-9109474 Texas State Board of Dental Examiners Friday, August 23, 1991, 9:30 a.m. The Texas State Board of Dental Examiners will meet at the Baylor College of Dentistry, 3302 Gaston Avenue, Dallas. According to the agenda summary, the board will plan future board meetings; consideration of dues payment for association memberships; board orders to be approved; consideration of nitrous oxide monitoring examination results; discussion of remedial training; consideration of proposed HIV/AIDS symposium budget; consideration and adoption of emergency rules; and hear legislative report. Contact: C. Thomas Camp, 327 Congress Avenue, Suite 500, Austin, Texas 78701, (512) 477-2985. Filed: August 9, 1991, 1:51 p.m. TRD-9109544 Texas Education Agency Friday, August 16, 1991, 9 a.m. The Reorganization Advisory Committee of the Texas Education Agency will hold an emergency meeting at the Region XIX Education Service Center, 6611 Boeing Drive, El Paso. According to the complete agenda, the committee will conduct a public hearing for designated school personnel from 9 a.m. until 1 p.m. and an open forum from 1:30 p.m. until 3 p.m. to provide an opportunity for individuals 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. The emergency status is necessary as the agency finds it is of urgent public necessity for the committee to conduct a public hearing, in addition to five previously scheduled hearings throughout the state, to receive equitable geographic input for inclusion in the advisory committee report on TEA reorganization which is due to the commissioner of education on August 29, 1991. Contact: Julian Shaddix, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9354. Filed: August 9, 1991, 4:32 p.m. TRD-9109596 Tuesday, August 20, 1991, 9 a.m.-1 p.m. (Room 1-110) and 1:30 p.m.-3 p. m. (Room 1-111). The TEA Reorganization Advisory Committee, TEA Staff, and Education Service Center Representatives of the Texas Education Agency (TEA) will meet at the William B. Travis Building, 1701 North Congress Avenue, Rooms 1-110 and 1-111, Austin. According to the complete agenda, the committee will seek input from members of the TEA staff and from education service center representatives regarding reorganization of the TEA for inclusion in the advisory committee report to the commissioner of education. Contact: Julian Shaddix, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9354. Filed: August 12, 1991, 4:20 p.m. TRD-9109658 Friday, August 23, 1991, 9 a.m. The Task Force of Various State Agencies that Regulate Proprietary Schools of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-110, Austin. According to the complete agenda, a task force comprised of staff from the Texas Education Agency, Texas Guaranteed Student Loan Corporation, and other state agencies that regulate proprietary schools will discuss the agencies actions to improve program quality and reduce default rates. The task force will then summarize the meeting and discuss the next meeting of the task force. Contact: Dee Bednar, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-3560. Filed: August 12, 1991, 4:20 p.m. TRD-9109659 Monday, August 26, 1991, 8 a.m. The Commissioner's Advisory Council for Regional Services 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 council will review and discuss operations and services issues; accreditation and academic excellence indicator systems issues; curriculum and personnel development issues; program development issues; comments from the commissioner of education; and education service center matters. Contact: J. Robert Scott, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9371. Filed: August 12, 1991, 4:21 p.m. TRD-9109660 Thursday, September 19, 1991, 2 p.m. The Interagency Coordinating Council on Dropout Prevention and Recovery of the Texas Education Agency will meet at the Texas Higher Education Coordinating Board, Room 200, Building Number Five, 7745 Chevy Chase, IH-35 at Highway 183, Austin. According to the complete agenda, the council will approve minutes of June 27, 1991 meeting; election of chairman and vice-chairman for the council; discussion on the schools for the future initiative; work session for recommendations for the long-range plan to reduce the dropout rate; and schedule time and date of next meeting. Contact: Dr. Sylvia Garcia, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9512. Filed: August 12, 1991, 4:21 p.m. TRD-9109661 Texas Employment Commission Tuesday, August 20, 1991, 8:30 a.m. The Texas Employment Commission will meet at the TEC Building, 101 East 15th Street, Room 644, Austin. According to the agenda summary, the commission will consider prior meeting notes; consideration and possible approval of bid for cooling tower at Austin Guadalupe Street agency-owned building; of bid for electrical modifications at warehouse on MLK in Austin; bid for HVAC modifications at Eagle Pass agency-owned building; bid for construction of new agency-owned building in Marshall; bid for interior renovation at McAllen, Broadway, agency-owned building; internal procedures of commission appeals; consideration and action on higher level appeals in unemployment compensation cases listed on Commission Docket 34; and set date of next meeting. Contact: C. Ed Davis, 101 East 15th Street, Austin, Texas 78778, (512) 463-2291. Filed: August 12, 1991, 2:44 p.m. TRD-9109644 Texas Food and Fibers Commission Tuesday, August 20, 1991, 9:30 a.m. The TFFC Industry Advisory Committee of the Texas Food and Fibers Commission will meet at the Bureau of Business Research, University of Texas, Faculty Lounge, Room CBA 3.304, Austin. According to the agenda summary, the committee will draft the budget and project recommendations for the coming biennium, September 1, 1991 through August 31, 1993. Contact: Jean L. VandeLune, 17360 Coit Road, Dallas, Texas 75252, (214) 231-0852. Filed: August 8, 1991, 1:54 p.m. TRD-9109481 Texas Health and Human Services Coordinating Council Friday, August 16, 1991, 9 a.m. The Commission on Children, Youth, and Family Services of the Texas Health and Human Services Coordinating Council will hold an emergency meeting at the THHSCC Conference Room, Suite 216, 9101 Burnet Road, Austin. According to the complete agenda, the commission will call the meeting to order; review and approve minutes; distribution list for commission report; workgroup reports; discuss old business; new business; and adjourn. The emergency status is necessary to finalize agenda. Contact: Rick Reynolds, 9101 Burnet Road, Austin, Texas 78758, (512) 873-2400. Filed: August 9, 1991, 12:54 p.m. TRD-9109538 Texas Commission on Human Rights Tuesday, August 20, 1991, 10:30 a.m. The Texas Commission on Human Rights will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 119, Austin. According to the agenda summary, the commission will discuss and vote on agenda item(s) covered in executive session as necessary or required; welcoming of guests; approval of minutes; administrative reports (executive director's report, complaint monitoring report, operations report, employment and housing, finance report); review and discussion of meeting with the attorney general on legal services to the commission; discussion of the commission's 1992-1993 appropriations request and other riders; discussion of personnel issues; discussion of a seminar for municipalities with fair housing ordinances; status of EEO Compliance training; commissioner issues; and unfinished business. Contact: William M. Hale, P.O. Box 13493, Austin, Texas 78711, (512) 837-8534. Filed: August 9, 1991, 10:52 a.m. TRD-9109526 Texas Department of Human Services Friday, August 16, 1991, 10 a.m. The Texas Board of Human Services of the Texas Department of Human Services will meet at 701 West 51st Street, First Floor, East Tower, Public Hearing Room, Austin. According to the complete agenda, the board will consider action on approval of July 16 and 19 meeting minutes; hear comments by the chairman; NHIC reserve fund; FY 1992 negotiated premiums with NHIC; report of task force on Lewin/ICF recommendations; disproportionate share III program; community care attendant services; establishment of an Interagency Medicaid Waiver Work Group; EPSDT medical screening periodicity schedule; smoke-free environment for DHS; commissioner's report on advisory committee appointments; advisory committees report and recommendations; announcements and comments on reorganization of Texas Human Services Agencies; department appropriations for FY 1992-1993; and tracking of board action items. Contact: Sherron Heinemann, P.O. Box 149030, Austin, Texas 78714-9030, (512) 459-3048. Filed: August 8, 1991, 11:05 a.m. TRD-9109472 Thursday, August 22, 1991, 10 a.m. The Client Self-Support Services Advisory Council of the Texas Department of Human Services will meet at 701 West 51st Street, Sixth Floor, West Tower, Conference Room 6W, Austin. According to the complete agenda, the council will call the meeting to order; approval of minutes; hear commissioner's comments; deputy commissioner's comments; adolescent pregnancy prevention services planning; amendment to bylaws; informal discussion on ideas for future council meetings; JOBS; food stamp eligibility requirements for drug and alcoholic treatment centers; child care development block grant eligibility and proposed state plan; state advisory committee on child care programs; technical amendments to JOBS; eligibility for National School Lunch Program; revised food stamp income limits, deductions and issuance tables; food stamp combined allotment for migrant and seasonal farmworker households; food stamp resource exemptions to SSI and AFDC; treatment of income and resources for native americans in AFDC; reimbursed resources for AFDC and medical programs; striker policy for CCS medial programs; hear closing remarks; other business; and adjournment. Contact: Cindy Marler, P.O. Box 149030, Austin, Texas 78714-9030, (512) 450-3662. Filed: August 8, 1991, 11:05 a.m. TRD-9109471 Monday, August 26, 1991, 9:30 a.m. The Hospital Payment Advisory Committee of the Texas Department of Human Services will meet at the Texas Department of Health, 1100 West 49th Street, Room M-652, Austin. According to the complete agenda, the committee will hear opening comments; deputy commissioner's comments; approval of minutes; workgroup report on utilization review; SDA calculations; disproportionate share I; disproportionate share II; disproportionate share III; disproportionate share IV; open discussion; next meeting date; and adjournment. Contact: Carolyn Howell, P.O. Box 149030, Austin, Texas 78714-9030, (512) 450-3053. Filed: August 13, 1991, 9:31 a.m. TRD-9109665 State Board of Insurance Wednesday, August 14, 1991, 1:30 p.m. The State Board of Insurance met at the William P. Hobby Building, 333 Guadalupe Street, Room 100, Austin. According to the complete emergency revised agenda, the board considered adoption, on an emergency basis, of an amendment to the Texas Workers' Compensation Statistical Plan. The emergency status was necessary as there was a clear and compelling necessity to instruct insurance carriers immediately as to the proper determination of incurred indemnity loss reserves on death claims. Contact: Angelia Johnson, 333 Guadalupe Street, Austin, Texas 78701, (512) 463-6328. Filed: August 12, 1991, 3:49 p.m. TRD-9109653 Tuesday, August 20, 1991, 9 a.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider whether disciplinary action should be taken against Texas Citrus and Vegetable Insurance Exchange, Harlingen, which holds a certificate of authority. Docket Number 11243. Contact: Earl Corbitt, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: August 9, 1991, 10:41 a.m. TRD-9109519 Tuesday, August 20, 1991, 9 a.m. The State Board of Insurance will meet at the William P. Hobby Building, 333 Guadalupe Street, Room 100, Austin. According to the complete agenda, the board will consider matters concerning board administration. Contact: Angelia Johnson, 333 Guadalupe Street, Austin, Texas 78701, (512) 463-6328. Filed: August 12, 1991, 5:15 p.m. TRD-9109663 Tuesday, August 20, 1991, 1:30 p.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider whether disciplinary action should be taken against Elliott Randolph Williams, of Arlington and Marlin, who holds a Group I, Legal Reserve Life Insurance Agent's license issued by the Texas Department of Insurance. Docket Number 11237. Contact: Wendy L. Ingham, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: August 9, 1991, 10:41 a.m. TRD-9109520 Tuesday, August 20, 1991, 1:30 p.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider the application of Bradford Jay Ficke of Dallas, for a Group I, Legal Reserve Life Insurance Agent's license and a Local Recording Agent's license. Docket Number 11266. Contact: J. C. Thomas, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: August 9, 1991, 10:41 a.m. TRD-9109521 Wednesday, August 21, 1991, 9 a.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider whether disciplinary action should be taken against James Eugene Taylor, Grand Prairie, who holds a Group I, Legal Reserve Life Insurance Agent's license. Docket Number 11220. Contact: James W. Norman, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: August 9, 1991, 10:41 a.m. TRD-9109522 Wednesday, August 21, 1991, 1:30 p.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider the application for amendment to the Articles of Incorporation of Houston United Casualty Insurance Company, Dallas, regarding increase in capital. Docket Number 11264. Contact: Earl Corbitt, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: August 9, 1991, 10:41 a.m. TRD-9109523 Thursday, August 22, 1991, 9 a.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider the application of Family Life Insurance Company of Texas, Waco, to acquire control of Southern Medical Life Insurance Company, Waco, and Bankers Life Insurance Company, Waco. Docket Number 11267. Contact: J. C. Thomas, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: August 9, 1991, 10:41 a.m. TRD-9109524 Thursday, August 22, 1991, 1:30 p.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider whether disciplinary action should be taken against Cecil Edward Gallagher, Lubbock, who holds a Group I, Legal Reserve Life Insurance Agent's license and a Local Recording Agent's license. Docket Number 11261. Contact: Earl Corbitt, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: August 9, 1991, 10:42 a.m. TRD-9109525 Judicial Advisory Council Monday, August 19, 1991, 9 a.m. The Community Justice Assistance Division of the TDCJ of the Judicial Advisory Council will meet at 8100 Cameron Road, Suite 600, Building B, Austin. According to the agenda summary, the division will hold opening ceremonies; administer oath of office; introduction of guests; approval of minutes; council recognition ceremony; community justice plans acceptance; community corrections program guidelines; grant requests; strategies to reduce commitments to ID and revocations; set date of next meeting; and adjourn. Contact: Virginia Grote, 8100 Cameron Road, Suite 600, Building B, Austin, Texas 78753, (512) 834-8188. Filed: August 9, 1991, 8:55 a.m. TRD-9109508 Texas Department of Licensing and Regulation Friday, August 16, 1991, 9 a.m. The Business and Occupational Programs, Tow Trucks of the Texas Department of Licensing and Regulation will meet at 920 Colorado Street, E. O. Thompson Building, Eighth Floor Conference Room, Austin. According to the complete agenda, the department will hold an administrative hearing to consider the possible assessment of an administrative penalty and denial, suspension or revocation of the respondent's license for Joel Gardner, Midway Auto for violation of Statutes, Articles 6687-9b and 9100. Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78711, (512) 475-2899. Filed: August 8, 1991, 10:45 a.m. TRD-9109467 Wednesday, August 28, 1991, 9 a.m. The Business and Occupational Programs, Tow Trucks of the Texas Department of Licensing and Regulation will meet at 920 Colorado Street, E. O. Thompson Building, Room 1012, Austin. According to the complete agenda, the department will hold an administrative hearing to consider the possible assessment of an administrative penalty and denial, suspension or revocation of the respondent's license for Jorge Aleman for violation of Statutes, Articles 6687-9b and 9100. Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78711, (512) 475-2899. Filed: August 8, 1991, 10:46 a.m. TRD-9109468 Texas Motor Vehicle Commission Tuesday, August 20, 1991, 2 p.m. The Texas Motor Vehicle Commission will meet at 815 Brazos Street, Suite 302, Brazos Building, Austin. According to the agenda summary, the commission will call the meeting to order; take roll call; approval of minutes of meeting of July 10, 1991; hold a public hearing to receive comments on proposed amendments to commission lemon law rules and on notice to buyers; discussion and consideration of adoption of proposed amendments and notice; discussion and consideration of issuance for public comment amendments to commission lemon law rules sec.107.7; hearings officer's proposal for decision; sec.107.8, decisions; and procedure for filing motions for rehearing; discussion and consideration of adoption of proposed amendments to agency rules of procedure 16 TAC sec.101.63 and sec.101.64 concerning requirement that exceptions, replies, other pleadings or documents in contested cases must be filed with the commission at least 15 days prior to the date of the commission meeting at which time the case is scheduled to be heard and considered; and discuss: legislative progress report-state comptroller's performance review recommendations regarding agency consolidation; appropriations for 1992-1993 biennium; review of consumer complaint recap report; review of litigation status report; schedule future meeting dates; and adjournment. Contact: Russell Harding, 815 Brazos Street, Suite 300, Austin, Texas 78701, (512) 476-3587. Filed: August 12, 1991, 2:38 p.m. TRD-9109641 Wednesday, August 21, 1991, 9 a.m. The Texas Motor Vehicle Commission will meet at 815 Brazos Street, Suite 302, Brazos Building, Austin. According to the agenda summary, the commission will call the meeting to order; take roll call; review and discuss proposals for decision in contested cases; advertising cases for deferred adjudication; request for formal opinion of commission on advertising program of Pollaro Media Advertising and Productions, Inc.; agreed orders; orders of dismissal; proposal for decision continued; legislative progress report; state comptroller's performance review recommendations regarding agency consolidation; appropriations for 1992-1993 biennium; review of consumer complaint recap report; review of litigation status report; schedule future meeting dates; and adjournment. Contact: Russell Harding, 815 Brazos Street, Suite 300, Austin, Texas 78701, (512) 476-3587. Filed: August 12, 1991, 2:38 p.m. TRD-9109642 Public Utility Commission of Texas Monday, August 19, 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 10535-application of GTE Southwest, Inc. to provide for real-time station message detail recording (SMDR) for Fidelity Investments of Irving. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 8, 1991, 4:06 p.m. TRD-9109496 Friday, August 16, 1991, 2 p.m. The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a prehearing conference in Docket Number 10461-application of Southwestern Bell Telephone Company to introduce a new optional service, digital loop service, as part of the new integrated services tariff. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 8, 1991, 4:06 p.m. TRD-9109495 Friday, August 23, 1991, 9 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 10463-application of Southwestern Bell Telephone Company to approve deletion of the carrier common line and interexchange carrier access charge credits. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 12, 1991, 2:18 p.m. TRD-9109640 Friday, August 23, 1991, 10 a.m. (rescheduled from Tuesday, August 20, 1991, 10 a.m.). The Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the commission will hold a rescheduled prehearing conference in Docket Number 10325-application of Central Texas Electric Cooperative, Inc. for authority to change rates. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 9, 1991, 2:46 p.m. TRD-9109566 Thursday, September 26, 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 9985-inquiry of the General Counsel into the reasonableness of the rates and services of Alltel Texas, Inc. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 9, 1991, 2:46 p.m. TRD-9109565 Thursday, October 17, 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 10465-application of Southwestern Bell Telephone Company to revise Section 5 of the general exchange tariff to add optional features to Plexar II service offerings. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 9, 1991, 2:47 p.m. TRD-9109567 Texas Low-Level Radioactive Waste Disposal Authority Thursday, August 15, 1991, 9:30 a.m. The Board of Directors of the Texas Low-Level Radioactive Waste Disposal Authority met at the Doubletree Hotel, 2001 Post Oak Boulevard, Houston. According to the emergency revised agenda summary, the board approved financial statements of the agency's general manager and deputy general manager was considered by the board. The emergency status was necessary as appropriations bill required that financial statements had to be filed by August 31 each year. Contact: L. R. Jacobi, Jr., P.E., 7701 North Lamar Boulevard, Suite 300, Austin, Texas 78758, (512) 451-5292. Filed: August 8, 1991, 2:32 p.m. TRD-9109490 Railroad Commission of Texas Monday, August 19, 1991, 9 a.m. The Railroad Commission of Texas will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 12-126, Austin. Agendas follow. The commission will consider a staff recommendation to file a grant application with the United States Environmental Protection Agency for the Underground Injection Control Program for FY 1992. Contact: Jerry W. Mullican, P.O. Box 12967, Austin, Texas 78711-2967, (512) 463-6790. Filed: August 9, 1991, 11:02 a.m. TRD-9109529 The commission will consider category determinations under sec.sec.102(c)(1)(B), 102(c)(1)(C), 103, 107 and 108 of the Natural Gas Policy Act of 1978. Contact: Margie Osborn, P.O. Drawer 12967, Austin, Texas 78711, (512) 463-6755. Filed: August 9, 1991, 11:03 a.m. TRD-9109530 The commission will consider and act on the Office of Information Services Director's report on division administration, budget, procedures, and personnel matters. Contact: Brian W. Schaible, P.O. Box 12967, Austin, Texas 78711, (512) 463-6710. Filed: August 9, 1991, 11:03 a.m. TRD-9109531 The commission will consider and act on the Automatic Data Processing Division Director's report on division administration, budget, procedures, equipment acquisitions and personnel matters. Contact: Bob Kmetz, P.O. Box 12967, Austin, Texas 78711, (512) 463-7251. Filed: August 9, 1991, 11:03 a.m. TRD-9109532 The commission will consider and act on the Personnel Division Director's report on division administration, budget, procedures, and personnel matters. The commission will meet in executive session to consider the appointment, employment, evaluation, re-assignment, duties, discipline and/or dismissal of personnel. Contact: Mark Bogan, P.O. Box 12967, Austin, Texas 78711, (512) 463-7187. Filed: August 9, 1991, 11:03 a.m. TRD-9109533 The commission will consider and act on the administrative services division director's report on division administration, budget, procedures and personnel matters. Contact: Roger Dillon, P.O. Box 12967, Austin, Texas 78711, (512) 463-7257. Filed: August 9, 1991, 11:04 a.m. TRD-9109534 The commission will consider and act on the Investigation Division Director's report on division administration, investigations, budget, and personnel matters. Contact: Mary Anne Wiley, P.O. Box 12967, Austin, Texas 78711, (512) 463-6828. Filed: August 9, 1991, 11:04 a.m. TRD-9109535 The commission will consider and act on the Office of the Executive Director's report on commission budget and fiscal matters, administrative and procedural matters, personnel and staffing, state and federal legislation, and contracts and grants. Consider reorganization of various commission divisions; consolidation of positions; commission chairmanship; and appointment, reassignment and/or termination of various positions, including division directors. Consideration of reorganization of the wall plugging program. The commission will meet in executive session to consider the appointment, employment, evaluation, re-assignment, duties, discipline and/or dismissal of personnel, and pending litigation. Contact: Walter H. Washington, Jr., P.O. Box 12967, Austin, Texas 78711, (512) 463-7274. Filed: August 9, 1991, 11:04 a.m. TRD-9109536 The commission will consider various matters within the 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 action, including, but not limited to scheduling an item in its entirety or for particular action at a future time or date. The commission may consider the procedural status of any contested case if 60 days or more have elapsed from the date the hearing was closed or from the date the transcript was received. The commission will meet in executive session as authorized by the Open Meetings Act, including to receive legal advice regarding pending and/or contemplated litigation. Contact: Cue Boykin, P.O. Box 12967, Austin, Texas 78711, (512) 463-7033. Filed: August 9, 1991, 11:05 a.m. TRD-9109537 The commission will consider in a revised agenda a motion for rehearing on Docket Numbers 3-94,312 North Texas Oil Exploration Inc., E. M. Goolsbee Lease, Tyler County; 7B-91,413, Hutch Petroleum, Simmons Lease, Eastland County; 7B-94, 947, 7B-94,949, Pacer Petroleum Inc., E. J. Sweeney Lease, Jones County, Regular Field; 7B-94,948, Pacer Petroleum, Ace Hickman Lease, Shackelford County; and 7B-95,429 P & G Oil, A. E. Dyer Trustee Lease, Callahan County. Contact: Meredith Kawaguchi, P.O. Box 12967, Austin, Texas 78711, (512) 463-6922. Filed: August 9, 1991, 4:16 p.m. TRD-9109591 The commission will consider in a revised agenda Docket Number 005,181A3AR, application of the commission to amend TAC sec.5.181 as it pertains to evidence of insurance required; and consideration of final adoption or emergency adoption. Contact: Ron Stutes, P.O. Box 12967, Austin, Texas 78711, (512) 463-7187. Filed: August 9, 1991, 4:44 p.m. TRD-9109603 Texas Real Estate Commission Monday, August 19, 1991, 9 a.m. The Texas Real Estate Commission will meet at the TREC Headquarters, 1101 Camino La Costa, Second Floor Conference Room, Austin. According to the agenda summary, the commission will discuss legislation and budgetary matters; discussion and possible action to create Agency Task Force; discussion and possible action to propose amendments to 22 TAC sec.sec.537.11, 537.13, 537.23, 537.28, 537.29 and 537.33 concerning standard contract forms; and new sec.535.123 concerning inactive broker status; discussion of proposed amendments to 22 TAC sec.535.66 concerning educational programs and new sec.535.69 concerning additional core real estate courses; discussion and possible action to approve MCE providers and courses; or to approve accredited schools or courses; discussion and possible action to approve administrative support for Texas Appraiser Licensing and Certification Board; discussion of MCE Committee meeting; report of interim inspector advisory committee; discussion of implementation of new inspector programs; meet in executive session to discuss pending litigation and personnel matters pursuant to sec.2(e) and sec.2(g), Article 6252-17, Texas Civil Statutes; authorization of payment of claims against the Real Estate or Inspection Recovery Fund without contest; possible action to make appointments to the Texas Real Estate Broker-Lawyer Committee; motions for rehearing and/or probation; entry of orders in contested cases; and a rehearing in Number 91-25-901225 in the matter of Charles Joseph Staniswalis. Contact: Camilla Shannon, P.O. Box 12188, Austin, Texas 78711-2188, (512) 465-3900. Filed: August 8, 1991, 3:06 p.m. TRD-9109491 Texas Rehabilitation Commission Thursday, August 15, 1991, 3 p.m. The Texas Planning Council for Developmental Disabilities of the Texas Rehabilitation Commission met at the Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Public Hearing Room, Austin. According to the complete agenda, the council called the meeting to order; made introductions; heard public comments; may have approved minutes of the May 9-10, 1991 meeting; heard Planning and Evaluation Committee report: review planning calendar; recommendations for funding activities; annual project summary reports; UAP process and retreat; discussed other items; and adjourned. Contact: Roger A. Webb, 4900 North Lamar Boulevard, Austin, Texas 78751-2361, (512) 483-4081. Filed: August 6, 1991, 3:05 p.m. TRD-9109369 Thursday, August 15, 1991, 1 p.m. The Texas Planning Council for Developmental Disabilities Executive Committee of the Texas Rehabilitation Commission met at the Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Public Hearing Room, Austin. According to the complete agenda, the council called the meeting to order; may have approved minutes of July 9, 1991 meeting; reviewed stipend application; associate member recommendations; approval of FY 1992 NADDC membership dues; discussion of partners academy proposal; heard executive director's report; and adjourned. Contact: Roger A. Webb, 4900 North Lamar Boulevard, Austin, Texas 78751-2361, (512) 483-4081. Filed: August 6, 1991, 3:13 p.m. TRD-9109372 Friday, August 16, 1991, 9 a.m. The Texas Planning Council for Developmental Disabilities of the Texas Rehabilitation Commission will meet at the Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Public Hearing Room, Austin. According to the complete agenda, the council will call the meeting to order; make introductions; hear public comments; continuation of unfinished business from first day agenda; hear executive committee report: associate member recommendations; calendar 92 meeting dates; approval of FY 92 NADDC dues; discussion of partners academy proposal; other discussion items; Advocacy and Public Information Committee report: state legislative items; other discussion items; hear chairman's report; executive director's report; announcements; and adjourn. Contact: Roger A. Webb, 4900 North Lamar Boulevard, Austin, Texas 78751-2361, (512) 483-4081. Filed: August 6, 1991, 3:13 p.m. TRD-9109373 School Land Board Tuesday, August 20, 1991, 10 a.m. The School Land Board will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 831, Austin. According to the agenda summary, the board will approve previous board meeting minutes; pooling applications, Southern Pine (Travis Peak) Field, Cherokee County; Pearsall Austin Chalk Field, LaSalle County; Wildcat Field, Chambers County; Wildcat Field, Colorado County; application for lease suspension, Wildcat Field, Kleberg County; consideration of preferential lease of coal, S.F. 16513, Freestone County vacancy; coastal public lands-commercial lease renewals, Laguna Madre, Cameron and Nueces Counties; commercial lease applications, Adams Bayou, Orange County; commercial lease amendments, Laguna Madre, Cameron County; Tres Palacios Bay, Matagorda County; Cedar Bayou, Chambers County; easement applications, Copano Bay, Aransas County; structure permit renewals, Laguna Madre, Cameron County; consideration of proposed coastal enforcement policies; consideration of land trade, Culberson County;and meet in executive session to discuss pending and proposed litigation. Contact: Linda K. Fisher, 1700 North Congress Avenue, Room 836, Austin, Texas 78701, (512) 463-5016. Filed: August 9, 1991, 4:24 p.m. TRD-9109595 Structural Pest Control Board Thursday, August 22, 1991, 8:30 a.m. The Structural Pest Control Board will meet at 9101 Burnet Road, Suite 201, Austin. According to the agenda summary, the board will approve the minutes of July 10-11, 1991 board meetings; Allen McGaugh to appear at 8:30 a.m.; David Sims to appear at 9 a.m.; Reuben Sosa to appear at 9:30 a.m.; Jesse J. Jones to appear at 10 a.m.; discussion on proposed rules and regulations; and hear executive director's report. Contact: Benny M. Mathis, 9101 Burnet Road, Austin, Texas 78758, (512) 835-4066. Filed: August 12, 1991, 9:58 a.m. TRD-9109623 Texas Appraiser Licensing and Certification Board Tuesday-Wednesday, August 27-28, 1991, 9 a.m. The Texas Appraiser Licensing and Certification Board will meet at the TREC Headquarters, 1101 Camino La Costa, Conference Room 235, Second Floor, Austin. According to the agenda summary, on Tuesday, the board will call the meeting to order; consideration of the minutes of the July 30, 1991 meeting; hear staff report; discussion and possible action concerning the State Travel Management Program; discussion and possible action to adopt on an emergency basis new 22 TAC sec.sec.151. 1-151.30, relating to practice and procedure; sec.sec.153.1-153.23, relating to provisions of the Texas Appraiser Licensing and Certification Act; and sec.155.1, relating to standards of practice; discussion and possible action to establish operating procedures to implement the Texas Appraiser Licensing and Certification Act (House Bill-270, Acts of the 72nd Legislature, Regular Session, 1991); discussion and possible action to advertise for a permanent commissioner of the Texas Appraiser Licensing and Certification Board; hear comments and presentations from visitors; selection of date of subsequent meeting; and adjourn. On Wednesday, the board will call the meeting to order; discuss and possibly act on agenda items from previous day still requiring action; and adjourn. Contact: Renil C. Liner, 1101 Camino La Costa, Austin, Texas 78752, (512) 465-3950. Filed: August 12, 1991, 2:05 p.m. TRD-9109636 Texas State University System, Board of Regents Thursday, August 15, 1991, 1:30 p.m. The Board of Regents Building Committee of the Texas State University System, met at the Angelo State University, Houston Harte Student Center, First Floor Conference Room, San Angelo. According to the complete agenda, the committee will review construction projects and documents for the four universities in the system including: final acceptance of the fire alarm system in the men's dormitory at Angelo State University; selection of architect for the Sam South Center modifications and contract awards for the Art Laboratory Building-III and Steamboat house repairs at Sam Houston State University; contract award for the energy conservation measures, preliminary plan approval for the Smith Hall renovation and the recreational sports building projects and selection of consultants for the parking garage/bookstore project, all at Southwest Texas State University. Contact: Lamar Urbanovsky, 505 Sam Houston Building, Austin, Texas 78701, (512) 463-1808. Filed: August 9, 1991, 8:37 a.m. TRD-9109505 Thursday, August 15, 1991, 2:30 p.m. The Board of Regents Curriculum Committee of the Texas State University System met at the Angelo State University, Houston Harte Student Center, First Floor Conference Room, San Angelo. According to the complete agenda, the committee reviewed matters of the board and the four universities in the system including: all matters of curriculum, including Twelfth Class Day reports; addition, deletion and retention of courses; cooperative degree programs, non-substantive program changes and admission standards. Contact: Lamar Urbanovsky, 505 Sam Houston Building, Austin, Texas 78701, (512) 463-1808. Filed: August 9, 1991, 8:38 a.m. TRD-9109506 Thursday-Friday, August 15-16, 1991, 3 p.m. and 8 a.m. respectively. The Board of Regents of the Texas State University System will meet at the Angelo State University, Houston Harte Student Center, First Floor Conference Room, San Angelo. According to the agenda summary, the board will review matters of the board and the four universities in the system including: all matters reviewed by the Building Committee and submitted to the full board; all matters reviewed by the Curriculum Committee and submitted to the full board; personnel actions including new employees, promotions, resignations, terminations, and special appointment for any system employee including the presidents and chancellor; discussion of litigation; budgetary changes at each university and the system office; contract approvals at each university and the system office; acceptance of gifts; admission requirements and fees; room rates; and food rates and land purchases. Contact: Lamar Urbanovsky, 505 Sam Houston Building, Austin, Texas 78701, (512) 463-1808. Filed: August 9, 1991, 8:37 a.m. TRD-9109504 Texas Water Commission Friday, August 23, 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: August 12, 1991, 4:14 p.m. TRD-9109654 Monday, September 23, 1991, 10 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 1030, Austin. According to the agenda summary, the commission will hold a hearing on an appeal by A. D. Stenger doing business as Ridgewood Village Water System on water rates set for Ridgewood Village Water System by the City of Westlake Hills' city council on May 22, 1991, Docket Number 9173-A. Contact: Carol Wood, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: August 12, 1991, 4:15 p.m. TRD-9109656 Thursday, October 17, 1991, 10 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 1030, Austin. According to the agenda summary, the commission will hold a hearing on a rate increase application by Preferred Environments, Inc. doing business as Matagorda Dunes, Docket Number 9102-G. Contact: Heidi Jackson, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: August 12, 1991, 4:15 p.m. TRD-9109657 Texas Water Development Board Friday, August 16, 1991, 8:30 a.m. The Attorney of the Texas Water Development Board will conduct a public hearing on the board's proposed federal fiscal year 1992 intended use plan for the Colonia Plumbing Loan Program under the State Water Pollution Control Fund; and testimony will be taken from interested persons. Contact: Todd Chenoweth, P.O. Box 13231, Austin, Texas 78711-3231, (512) 475-2068. Filed: August 8, 1991, 10:52 a.m. TRD-9109470 Texas Workers' Compensation Commission Thursday, August 15, 1991, 9 a.m. The Texas Workers' Compensation Commission met at 4000 South IH-35, Room 910-911, Tippy Foster Room, Austin. According to the agenda summary, the commission called the meeting to order; may have approved minutes of August 1, 1991; discussed and considered rules for adoption; rules for proposal; discussed and considered withdrawing proposed rules; guideline for comprehensive risk management program applicable to all state agencies; met in executive session; report on action, if any, in executive session; discussed and considered filling the executive director position including methods of advertising and recruitment of candidates for the position of executive director; general report of issues relating to commission activities; discussion of future public meeting; and final adjournment. Contact: George E. Chapman, 4000 South IH-35, Austin, Texas 78704, (512) 448-7962. Filed: August 10, 1991, 8:52 a.m. TRD-9109606 Regional Meetings Meetings Filed August 8, 1991 The Austin-Travis County Mental Health and Mental Retardation Centerwill meet at 1430 Collier Street, Board Room, Austin, August 16, 1991, at 7:30 a.m. Information may be obtained from Sharon Taylor, 1430 Collier Street, Austin, Texas 78704, (512) 447-4141. TRD-9109494. The Central Texas Council of Governments Executive Committee will meet at 302 East Central, Belton, August 22, 1991, at 12:30 p.m. Information may be obtained from A. C. Johnson, P.O. Box 729, Belton, Texas 76513, (817) 939-1801. TRD-9109482. The Deep East Texas Council of Governments Solid Waste Technical Review Committee met at Lufkin City Hall, Room 202, Lufkin, August 13, 1991, at 2 p.m. Information may be obtained from Rusty Phillips, 274 East Lamar Street, Jasper, Texas 75951, (409) 384-5704. TRD-9109486. The Deep East Texas Council of Governments Grants Application Review Committee met at the Trinity Community Center, 806 South Robb, Trinity, August 15, 1991, at 11 a.m. Information may be obtained from Tas McGraw, 274 East Lamar Street, Jasper, Texas 75951, (409) 384-5704. TRD-9109483. The East Texas Council of Governments East Texas Private Industry Council met at the ETCOG Offices, Kilgore, August 15, 1991, at 9:30 a.m. Information may be obtained from Glynn Knight, 3800 Stone Road, Kilgore, Texas 75662, (903) 984-8641. TRD-9109499. The Education Service Center, Region VI Board of Directors met at the Education Service Center, Region VI, Huntsville, August 15, 1991, at 5 p.m. Information may be obtained from Bobby Roberts, 3332 Montgomery Road, Huntsville, Texas 77340, (409) 295-9161. TRD-9109487. The Houston-Galveston Area Council Natural Resources Advisory Committee met at 3555 Timmons, Fourth Floor, Houston, August 15, 1991, at 3 p.m. Information may be obtained from Ann Weinle, P.O. Box 22777, Houston, Texas 77227-2777, (713) 627-3200, ext. 566. TRD-9109466. The Kendall County Education District Board of Directors met at 206 East San Antonio Street, Boerne, August 13, 1991, at 7:30 p.m. Information may be obtained from Alton Pfeiffer, P.O. Box 788, Boerne, Texas 78006, (512) 249-8012. TRD-9109484. The Leon County Central Appraisal District Appraisal Review Board met at the Leon County Central Appraisal District Office, Gresham Building, Centerville, August 15, 1991, at 9 a.m. Information may be obtained from Robert M. Winn, P.O. Box 536, Centerville, Texas 75833, (903) 536-2252. TRD-9109488. The Lower Colorado River Authority Retirement Benefits Committee met at 3700 Lake Austin Boulevard, Austin, August 13, 1991, at 1 p.m. Information may be obtained from Glen E. Taylor, P.O. Box 220, Austin, Texas 78767, (512) 473-3283. TRD-9109491. The Panhandle Ground Water Conservation District Number Three Board of Directors met at the Water District Office, 300 South Omohundro, White Deer, August 14, 1991, at 8 p.m. Information may be obtained from C. E. Williams, P.O. Box 637, White Deer, Texas 79097, (806) 883-2501. TRD-910992. The Region 18 Education Service Center Board of Directors will meet at 2811 LaForce Boulevard, Midland, August 19, 1991, at 7:30 p.m. Information may be obtained from Vernon Stokes, P.O. Box 60580, Midland, Texas 79711, (915) 563-2380. TRD-9109485. The Rio Grande Council of Governments Board of Directors will meet at the McDonald Observatory, Administrative Residence, Fort Davis, August 16, 1991, at 9:30 a.m. (CST). Information may be obtained from Cecile C. Gamez, 1014 North Stanton, Suite 100, El Paso, Texas 79902, (915) 533-0998. TRD-9109480. The Wood County Appraisal District Board of Directors met at 217 North Main Street, Conference Room, Wood County Appraisal District, Quitman, August 15, 1991, at 7 p.m. Information may be obtained from W. Carson Wages or Lou Brooke, P.O. Box 951, Quitman, Texas 75783, (903) 763-4891. TRD-9109479. Meetings Filed August 9, 1991 The Barton Springs/Edwards Aquifer Conservation District Board of Directors and Policy Advisory Committee met at 1124 A Regal Row, Austin, August 12, 1991, at 4 p.m. Information may be obtained from Bill E. Couch, 1124 A Regal Row, Austin, Texas 78748, (512) 282-8441. TRD-9109553 The Bexar Appraisal District Agricultural Appraisal Advisory Board met at 535 South Main Street, San Antonio, August 13, 1991, at 6:30 p.m. Information may be obtained from Beverly Houston, 535 South Main Street, San Antonio, Texas 78204, (512) 224-8511. TRD-9109594. The Brazos Valley Solid Waste Management Agency Board of Trustees met at the College Station Council Chambers, 1101 Texas Avenue, College Station, August 14, 1991, at 1:15 p.m. Information may be obtained from Cathy Locke, 1101 Texas Avenue, College Station, Texas 77840, (409) 764-3507. TRD-9109568. The Carson County Appraisal District Board of Directors met at 102 Main Street, Panhandle, August 14, 1991, at 9 a.m. Information may be obtained from Dianne Lavake, P.O. Box 970, Panhandle, Texas 79068-0970, (806)537-3569. TRD-9109516. The Carson County Appraisal District Board of Directors met at 102 Main Street, Panhandle, August 14, 1991, at 9:15 a.m. Information may be obtained from Dianne Lavake, P.O. Box 970, Panhandle, Texas 79068-0970, (806) 537-3569. TRD-9109517. The Central Texas Council of Governments Central Texas Private Industry Council will meet at 302 East Central Street, Belton, August 22, 1991, at 10 a.m. Information may be obtained from Susan Kamas, P.O. Box 729, Belton, Texas 76513, (817) 939-3771. TRD-9109507. The Comal Appraisal District Board of Directors met at 430 West Mill Street, New Braunfels, August 12, 1991, at 6 p.m. Information may be obtained from Curtis Koehler, P.O. Box 311222, New Braunfels, Texas 78131-1222, (512) 625-8597. TRD-9109540. The Dallas Area Rapid Transit Operations Subcommittee on Special Services met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, August 13, 1991, at 9 a.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9109597. The Dallas Area Rapid Transit Operations Committee met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, August 13, 1991, at 10 a.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9109598. The Dallas Area Rapid Transit Mobility Impaired Committee met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, August 13, 1991, at noon. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9109601. The Dallas Area Rapid Transit Governmental Relation Committee met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, August 13, 1991, at noon. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9109599. The Dallas Area Rapid Transit Committee-of-the-Whole met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, August 13, 1991, at 4 p.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9109600. The Dallas Area Rapid Transit Board of Directors met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, August 13, 1991, at 6:30 p.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9109602. The Dewitt County Appraisal District Board of Directors will meet at the Dewitt County Appraisal District Office, 103 Bailey Street, Cuero, August 20, 1991, at 7:30 p.m. Information may be obtained from John Haliburton, P.O. Box 4, Cuero, Texas 77954, (512) 275-5753. TRD-9109547. The Fort Bend County Education District met at the Lamar Consolidated Independent School District, Administration Building, Board Room, 3911 Avenue I, Rosenberg, August 15, 1991, at 6 p.m. Information may be obtained from Jerome Bourgeois, 3911 Avenue I, Rosenberg, Texas 77471, (713) 744-6534. TRD-9109539. The Golden Crescent Service Delivery Area Private Industry Council, Inc. met at 2705 Houston Highway, Victoria, August 14, 1991, at noon. Information may be obtained from Sandy Heiermann, 2401 Houston Highway, Victoria, Texas 77901, (512) 576-5872. TRD-9109514. The Gonzales County Appraisal District Board of Directors will meet at 928 St. Paul Street, Gonzales, August 20, 1991, at 9 a.m. Information may be obtained from Glenda Strackbein, P.O. Box 867, Gonzales, Texas 78629, (512) 672-2879. TRD-9109552. The Grand Parkway Association met at 5757 Woodway, 140 East Wing, Houston, August 14, 1991, at 8:15 a.m. Information may be obtained from Larry W. Nettles, 2418 First City Tower, 1001 Fannin, Houston, Texas 77002-6760, (713) 750-4586. TRD-9109515. The Heart of Texas Council of Governments will meet at 300 Franklin Avenue, HOTCOG Board Room, Waco, August 15, 1991, at 5:30 p.m. Information may be obtained from Mary McDow, 300 Franklin Avenue, Waco, Texas 76701, (817) 756-7822. TRD-9109545. The Hickory Underground Water Conservation District Number One Board and Advisors met at 2023 South Bridge Street, Brady, August 15, 1991, at 5 p.m. Information may be obtained from Lorna Moore, P.O. Box 1214, Brady, Texas 76825, (915) 597-2785. TRD-9109541. The Hickory Underground Water Conservation District Number One Board and Advisors met at 2023 South Bridge Street, Brady, August 15, 1991, at 7 p.m. Information may be obtained from Lorna Moore, P.O. Box 1214, Brady, Texas 76825, (915) 597-2785. TRD-9109542. The Hickory Underground Water Conservation District Number One Board and Advisors met at 2023 South Bridge Street, Brady, August 15, 1991, at 7: 15 p.m. Information may be obtained from Lorna Moore, P.O. Box 1214, Brady, Texas 76825, (915) 597-2785. TRD-9109543. The Hockley County Appraisal District Board of Directors met at 1103-C Houston Street, Levelland, August 12, 1991, at 7 p.m. Information may be obtained from Nick Williams, P.O. Box 1090, Levelland, Texas 79336, (806) 894-9654. TRD-9109528. The Lampasas County Appraisal District Board of Directors met at 109 East Fifth Street, Lampasas, August 15, 1991, at 7 p.m. Information may be obtained from Janice Henry, P.O. Box 175, Lampasas, Texas 76550, (512) 556-8058. TRD-9109549. The Mills County Appraisal District will meet at the Mills County Courthouse Jury Room, Goldthwaite, August 15, 1991, at 5:30 p.m. Information may be obtained from Doran E. Lemke, P.O. Box 565, Goldthwaite, Texas 76844, (915) 648-2253. TRD-9109546. The Scurry County Appraisal District Board of Directors met at the Willow Park Inn Restaurant, Highway 84 and 180, Snyder, August 13, 1991, at 8 a. m. Information may be obtained from L. R. Peveler, 2612 College Avenue, Snyder, Texas 79549, (915) 573-8549. TRD-9109548. Meetings Filed August 12, 1991 The Bastrop Central Appraisal District Board of Directors met at the Bastrop Central Appraisal District, 1200 Cedar Street, Bastrop, August 15, 1991, at 6:30 p.m. (revised agenda). Information may be obtained from Dana Ripley, P.O. Box 578, Bastrop, Texas 78602, (512) 321-3925. TRD-9109639. The Brazos River Authority Board of Directors, Administrative Policy Committee will meet at 4400 Cobbs Drive, Waco, August 21, 1991, at 10 a.m. Information may be obtained from Mike Bukala, P.O. Box 7555, Waco, Texas 76714-7555, (817) 776-1441. TRD-9109616. The Burnet County Appraisal District Board of Directors met at 223 South Pierce Street, Burnet, August 15, 1991, at 6:30 p.m. Information may be obtained from Barbara Ratliff, P.O. Drawer E, Burnet, Texas 78611, (512) 756-8291. TRD-9109649. The Capital Area Planning Council Executive Committee will meet at 2520 IH-35 South, Suite 100, Austin, August 21, 1991, at 1:30 p.m. Information may be obtained from Richard G. Bean, 2520 IH-35 South, Suite 100, Austin, Texas 78704, (512) 443-7653. TRD-9109650. The Concho Valley Council of Governments Private Industry Council met at 5014 Knickerbocker Road, San Angelo, August 14, 1991, at 3 p.m. Information may be obtained from Monette Molinar, 5002 Knickerbocker Road, San Angelo, Texas 76904, (915) 944-9666. TRD-9109607. The County Education District Number Six Board of Trustees will meet at the Brownfield High School Commons Area, 701 North Fir, Brownfield, August 20, 1991, at 6:30 p.m. Information may be obtained from Larry Throm, 1628 19th Street, Lubbock, Texas 79401, (806) 766-1092. TRD-9109609. The County Education District Number Six Board of Trustees will meet at the Brownfield High School Commons Area, 701 North Fir, Brownfield, August 20, 1991, at 7 p.m. Information may be obtained from Larry Throm, 1628 19th Street, Lubbock, Texas 79401, (806) 766-1092. TRD-9109608. The Dallas Area Rapid Transit Budget and Finance Committee held an emergency meeting at the DART Office, 601 Pacific Avenue, Board Room, Dallas, August 13, 1991, at 1 p.m. The emergency status was necessary as it was of the utmost importance that this committee take immediate action upon implementation. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9109604. The Dallas Area Rapid Transit Board of Directors met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, August 13, 1991, at 6:30 p.m. The emergency revised agenda was necessary as it was of the utmost importance that the DART Board of Directors take immediate action in implementing the DART Service Plan. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9109643. The Dallas Central Appraisal District Appraisal Review Board will meet at 2949 North Stemmons Freeway, Dallas, August 22, 1991, at 10 a.m. (revised agenda). Information may be obtained from Rick L. Kuehler, 2924 North Stemmons Freeway, Dallas, Texas 75247, (214) 631-0520. TRD-9109619. The Hale-Hockley County Education District Board of Trustees met at the Citizens State Bank Committee Room, 224 Main Street, Anton, August 15, 1991, at 7 p.m. Information may be obtained from Nick Williams, P.O. Box 1090, Levelland, Texas 79336, (806) 894-9654. TRD-9109632. The Jack County Appraisal District Board of Directors will meet at 210 North Church Street, JCAD Conference Room, Jacksboro, August 20, 1991, at 6: 30 p.m. Information may be obtained from J. D. Garcia or Donna Hartzell, P.O. Box 958, Jacksboro, Texas 76458, (817) 567-6301. TRD-9109611. The Jack County Appraisal District Board of Directors will meet at 210 North Church Street, JCAD Conference Room, Jacksboro, August 20, 1991, at 7 p.m. Information may be obtained from J. D. Garcia or Donna Hartzell, P.O. Box 958, Jacksboro, Texas 76458, (817) 567-6301. TRD-9109610. The Mason County Appraisal District will meet at 206 Ft. McKavitt Street, Mason, August 21, 1991, at 7:30 p.m. Information may be obtained from Deborah Geistweidt, P.O. Box 1119, Mason, Texas 76856, (915) 347-5989. TRD-9109634. The Northeast Texas Municipal Water District Board of Directors will meet at Highway 250 South, Hughes Springs, August 19, 1991, at 10 a.m. Information may be obtained from J. W. Dean, P.O. Box 955, Hughes Springs, Texas 75656, (903) 639-7538. TRD-9109617. The Parmer County Appraisal District Board of Directors will meet at 305 Third Street, Bovina, September 12, 1991, at 8 p.m. Information may be obtained from Ron Procter, P.O. Box 56, Bovina, Texas 79009, (806) 238-1405. TRD-9109635. The Palo Pinto Appraisal District Board of Directors will meet at the Palo Pinto County Courthouse, Palo Pinto, August 21, 1991, at 3 p.m. Information may be obtained from Jackie F. Samford, P.O. Box 250, Palo Pinto, Texas 76484-0250, (817) 659-1234. TRD-9109618. The Palo Pinto Appraisal District Board of Directors will meet at the Palo Pinto County Courthouse, Palo Pinto, August 21, 1991, at 3:15 p.m. Information may be obtained from Jackie F. Samford, P.O. Box 250, Palo Pinto, Texas 76484-0250, (817) 659-1234. TRD-9109614. The Region 14 Education Service Center Board of Directors will meet at 1850 State Highway 351, Abilene, August 22, 1991, at 5:30 p.m. Information may be obtained from Taressa Huey, Route 1, P.O. Box 70-A, Abilene, Texas 79601, (915) 675-8608. TRD-9109637. The San Antonio River Authority Board of Directors will meet at the SARA General Offices, 100 East Guenther Street, San Antonio, August 21, 1991, at 2 p.m. Information may be obtained from Fred N. Pfeiffer, P.O. Box 830027, San Antonio, Texas 78283-0027, (512) 227-1373. TRD-9109620. The San Antonio River Authority Employees Retirement Trust, Board of Trustees will meet at the SARA General Offices, 100 East Guenther Street, San Antonio, August 21, 1991, at 2 p.m. Information may be obtained from Fred N. Pfeiffer, P.O. Box 830027, San Antonio, Texas 78283-0027, (512) 227-1373. TRD-9109621. The South East Texas Regional Planning Commission Executive Committee will meet at the City of Beaumont Council Chambers, Beaumont, August 21, 1991, at 7 p.m. Information may be obtained from Jackie Vice, P.O. Drawer 1387, Nederland, Texas 77627, (409) 727-2384. TRD-9109613. The Taylor County Education District Board of Trustees will meet at 1534 South Treadaway Street, Abilene, August 19, 1991, at 7 p.m. Information may be obtained from Richard Petree, P.O. Box 1800, Abilene, Texas 79604, (915) 676-9381. TRD-9109612. The Texas Council Risk Management Fund Executive Committee met at the Embassy Suites Hotel, Downtown, 300 South Congress Avenue, the Library Room, Austin, August 15, 1991, at 7 p.m. Information may be obtained from Spencer McClure, Westpark Building Three, Suite 240, 8140 MoPac Expressway, Austin, Texas 78759, (512) 794-9268. TRD-9109652. The Texas Council Risk Management Fund will meet at the Embassy Suites Hotel, Downtown, 300 South Congress Avenue, Topaz-Palmwood Room, Austin. Information may be obtained from Spencer McClure, Westpark Building Three, Suite 240, 8140 MoPac Expressway, Austin, Texas 78759, (512) 794-9268. TRD-9109651. The Trinity River Authority of Texas Central Regional Wastewater System Right-of-Way Committee will meet at 5300 South Collins Street, Arlington, August 16, 1991, at 10:30 a.m. Information may be obtained from J. Sam Scott, P. O. Box 60, Arlington, Texas 76010, (817) 467-4343. TRD-9109645. The West Central Texas Council of Governments Texas Regional Planning Commissions' Employee Benefit Plan Agency, Board of Trustees will meet at the Health Economics Corporation, 1300 West Mockingbird Lane, Dallas, August 20, 1991, at 10 a.m. Information may be obtained from Tom K. Smith, P.O. Box 3195, Abilene, Texas 79604, (915) 672-8544. TRD-9109648. Meetings Filed August 13, 1991 The Lower Neches Valley Authority Board of Directors will meet at the LNVA Office Building, 7850 Eastex Freeway, Beaumont, August 20, 1991, at 10: 30 a.m. Information may be obtained from A. T. Hebert, Jr., P.O. Drawer 3464, Beaumont, Texas 77704, (409) 892-4011. TRD-9109664. ISSUE OFAugust 16, 1991" In Addition The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Department on Aging Request for Proposals Project Care. Community Action to Reach the Elderly-Eldercare Coalition Demonstration Program. Overview. The Texas Department on Aging is soliciting proposals to build model community coalitions to demonstrate that coalitions which widen the base of support at the state and community levels can be an effective approach to enhance home and community-based services for older persons at risk of losing their self-sufficiency. Models are sought which optimize the participation of organizations which have not had a predominant focus on aging and on-traditional approaches to developing resources. Guidelines for Application for Project Care Community Coalition Lead Agency. Any public or private non-profit or profit organization, or group of organizations may apply. However, one designated lead agency must be responsible for administering the grant and its completion; the amount of the grant award from the Texas Department on Aging will be $20,000 for the first year. Additional funding for the second and third year will depend on available funds, and the performance during the first year. Each grantee must therefore be prepared to maintain and submit concise documentation on the success of their coalition building effort to assure second and third year funding; the grantee organization will be required to provide a 50% match ($10,000)* to the award amount. This may be in the form of a cash match or an in-kind match in the form of personnel (including an estimated value of volunteer time), office space, office supplies, printing, postage, telephone, etc. *In-kind or cash match cannot be from federal funding sources. Special Note. In view of the diversity of local conditions, the Texas Department on Aging may adjust the amount expected from any one community. The aggregate amount from all three communities must equal 50% of the Federal funds received by all three communities. Only one award will be funded per Area Agency on Agency region, with a maximum of three awarded statewide. First year funding will be from October 1, 1991-July 31, 1992. Geographical preference will be given to communities that are inner city neighborhoods in a metropolitan area or large city; a medium or small city; or a rural area. Deadlines. The Request for Proposal (an original and two copies) must be submitted to the applicant's Area Agency on Aging by noon, September 16, 1991, in accordance with the guidelines and format in the instructions. Responsibilities of the Community Coalition: insure that there is at least a part-time coordinator to staff the community coalition; reach out to involve organizations without an aging focus and involve the leadership of these organizations. Such organizations may include government, business and labor, community foundations, religious and educational, charitable and other organizations; develop and implement actions plans to mobilize local resources on behalf of older persons at risk; and during the first year of operation, identify and agree upon one priority need of the community and develop and implement an action plan to address it before proceeding to address other priority needs of that community. Examples of unmet home and community-based needs include transportation, chore services, home repair and adult day care. For more information or a Request for Proposal application kit, contact James Grabbs or Linda Heath, Texas Department on Aging, P.O. Box 12786, Austin, Texas 78711, (512) 444-2727. Issued in Austin, Texas, on August 8, 1991. TRD-9109489 Polly Sowell Executive Director Texas Department on Aging Filed: August 8, 1991 For further information, please call: (512) 444-2727 Texas Department of Banking Notice of Application Texas Civil Statutes, Article 342-401a, requires any person who intends to buy control of a bank to file an application with the banking commissioner for the commissioner's approval to purchase control of a particular bank. A hearing may be held if the application is denied by the commissioner. On August 6, 1991, the banking commissioner received an application to acquire control of Highlands State Bank, Highlands, by Mark G. Mulloy, Houston; Jerry Hamilton, Humble; and V. Leroy Willits, Crosby. Additional information may be obtained from: William F. Aldridge, 2601 North Lamar Boulevard, Austin, Texas 78705, (512) 475-1300. Issued in Austin, Texas, on August 6, 1991. TRD-9109418 William F. Aldridge Director of Corporate Activities Texas Department of Banking Filed: August 7, 1991 For further information, please call: (512) 475-1337 State Banking Board Notice of Hearing The hearing officer of the State Banking Board will conduct a hearing on September 18, 1991, at 9 a.m., at 2601 North Lamar Boulevard, Austin, on the change of domicile application for Community Bank, Wellington. Additional information may be obtained from: William F. Aldridge, 2601 North Lamar Boulevard, Austin, Texas 78705, (512) 475-1337. Issued in Austin, Texas, on August 5, 1991. TRD-9109469 William F. Aldridge Director of Corporate Activities Texas Department of Banking Filed: August 8, 1991 For further information, please call: (512) 475-1337 Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Texas Civil Statutes, Title 79, Articles 1.04, 1.05, 1.11, and 15.02, as amended (Texas Civil Statutes, Articles 5069-1.04, 1.05, 1.11, and 15.02). [graphic] Issued in Austin, Texas, on August 5, 1991. TRD-9109417 Al Endsley Consumer Credit Commissioner Filed: August 7, 1991 For further information, please call: (512) 479-1280 Texas Education Agency Request for Applications The Texas Education Agency is requesting applications (RFA #701-92-015) from education service centers and local education agencies in Texas for the development of programs to provide educational and related services (beyond those provided in the general education program) to facilitate the enrollment, attendance, and school success of homeless children and youth. Applications should describe plans to provide tutoring and other academic assistance (at least 50% of each grant award), and other related services (at least 35% of each grant award) that might improve the access of homeless children and youth to a free and appropriate public education. The projects will be conducted from September 30, 1991-August 31, 1992, for up to $50,000 per grant award. Three grants are expected to be awarded. Approximately $150,000 in federal funds is available for this project. One hundred percent of project costs will be funded from federal funds. To obtain a copy of the Request for Application, call (512) 463-9304 or write the Texas Education Agency, Document Control Center, Room 6-108, 1701 North Congress Avenue, Austin, Texas 78701-1494. Applications may be delivered by mail or in person to the Texas Education Agency, Document Control Center, Room 6-108. The Document Control Center is open Monday-Friday, 8 a.m. to 5 p.m., excluding holidays. To be considered for funding, applications must be received no later than 5 p.m. on Friday, September 13, 1991. Any person wishing clarifying information about the application may contact Barbara Wand, Division of Special Programs Planning and Implementation, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9694. Issued in Austin, Texas, on August 6, 1991. TRD-9109439 Lionel R. Meno Commissioner of Education Filed: August 7, 1991 For further information, please call: (512) 483-6160 Heart of Texas Council of Governments Request for Proposals The Heart of Texas Council of Governments (HOTCOG), Waco, will receive sealed proposals to provide technical assistance in support of the computer-based learning program located at approximately 25 sites within the HOTCOG region. This region consists of Bosque, Falls, Freestone, Hill, Limestone, and McLennan Counties. The scope of the technical assistance will include, but not be limited to, installation, set-up, and take-down of computer systems, and initial system training and follow-on training. IBM-compatible and Apple workstations, used in conjunction with Comprehensive Competencies Program (CCP) software and teaching/learning materials, comprise the elements of this computer-based learning program. Requests for proposals are available at HOTCOG, in care of Chief Financial Officer, 300 Franklin Avenue, Waco, Texas 76701, (817) 756-7822. Responses must be received by HOTCOG no later than 4:30 p.m., August 26, 1991. HOTCOG reserves the right to reject any or all proposals received in response to this RFP. Issued in Austin, Texas, on August 8, 1991. TRD-9109615 H. W. Davis Executive Director and Chief Executive Officer Heart of Texas Council of Governments Filed: August 12, 1991 For further information, please call: (817) 756-7822 Texas Higher Education Coordinating Board Notice of Meeting The Council for Women in Higher Education will meet on Wednesday, August 14, 1991, and is scheduled to begin at 10 a.m. and end at 4 p.m. The meeting will be held at the Chevy Chase Office Complex, 7745 Chevy Chase Drive, Building V, Room 5.385 in Austin. For further information please contact Dr. Joan M. Matthews at (512) 483-6330. Issued in Austin, Texas, on August 2, 1991. TRD-9109405 Sharon Jahsman Administrative Secretary Texas Higher Education Coordinating Board Filed: August 7, 1991 For further information, please call: (512) 483-6160 Texas Department of Human Services Notice of Public Hearings The Texas Department of Human Services (TDHS) will conduct a public hearing to receive comments on the department's proposed reimbursement rates for the following programs: the Community Living Assistance and Support Services (CLASS) Waiver Program for Persons With Related Conditions; the Home and Community-Based Services (HCS) Waiver Program; the Home and Community-Based Services, Omnibus Budget Reconciliation Act (HCS-O) Targeted Waiver Program; and the Bienvivir Waiver Program. The hearing is held in compliance with the provisions of the Human Resources Code, sec.32.0282, which requires a public hearing on proposed reimbursement rates for medical assistance programs. The public hearing will be held on September 5, 1991, at 9 a.m. in the department's public hearing room of the John H. Winters Center (701 West 51st Street, Austin, First Floor, East Tower). Interested parties may request to have mailed to them or may pick up a briefing package concerning the proposed reimbursement rates on or after August 20, 1991 by contacting Kathy E. Hall, MC E-601, P.O. Box 149030, Austin, Texas 78714-9030, (512) 450-3702. Issued in Austin, Texas, on August 8, 1991. TRD-9109478 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: August 8, 1991 For further information, please call: (512) 450-3765 The Department of Human Services (DHS) will conduct two public hearings to receive comments on the department's proposed Home Energy Assistance Program state plan for fiscal year 1992. The hearings will be held on Tuesday, August 27, 1991, at 9 a.m., at the department's public hearing room, first floor, east tower, 701 West 51st Street, Austin; and on August 29, 1991, at 2 p.m., at the Hidalgo County Courthouse Auditorium, 100 Closner, Edinburg. Copies of the proposed plan will be available at the meeting. Advance copies may be obtained by calling Rodney Sprott at (512) 483-7263. Written comment may be submitted to Rodney Sprott, Director of Energy Assistance, Department of Human Services, P.0. Box 149029 (MC Y-931), Austin, Texas 78714-9029. Issued in Austin, Texas, on August 9, 1991. TRD-9109563 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: August 9, 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. Application for name change by Metlife Security Insurance Company, a foreign life insurance company. The home office is in Princeton, New Jersey. The proposed new name is Alpine Life Insurance Company. Application for name change by Sooner Life Insurance Company, a foreign life insurance company. The home office is in Oklahoma City, Oklahoma. The proposed new name is EBPLife Insurance Company. Application for Incorporation in Texas for M.L. Kuhn Enterprises, Inc., a domestic third party administrator. The home office is in Plano, Texas. Application for Admission to do business in Texas for Sentinel Insurance Administrator, Inc., a foreign third party administrator. The home office is in Tucson, Arizona. Application for Admission to do business in Texas for Universal Benefits Corporation, a foreign third party administrator. The home office is in Cedar Rapids, Iowa. Issued in Austin, Texas, on August 1, 1991. TRD-9109407 Nicholas Murphy Chief Clerk State Board of Insurance Filed: August 7, 1991 For further information, please call: (512) 463-6327 Texas State Library and Archives Commission Consultant Contract Award To comply with the provisions of Texas Civil Statutes, Article 6252-11c, the Texas State Library and Archives Commission furnishes this notice of consultant contract awards. After solicitation of proposals in the October 12, 1990, issue of the Texas Register (15 TexReg 6041), two proposals were approved for funding. Abilene Library Consortium will purchase software modules needed to complete a shared, fully integrated automated library system, and will obtain continued consulting services for the project. The Consortium represents four institutions in the Abilene area: Abilene Public Library, Abilene Christian University, Hardin-Simmons University, and McMurry University. The software modules include acquisitions, serials, material booking, and report generation. Consulting services include a review and evaluation of Phase I of the project, recommendations for change, and revisions to future project plans. The automated system is housed on the campus of Abilene Christian University. In support of the complete project the applicant has raised more than $1,000,000 locally. Reciprocal borrowing agreements and a courier service exist among the members. Contract is with Abilene Christian University (Box 8177, ACU Station, Abilene, Texas 79699) in the amount of $116,635. Micro Archives Consortium will produce and distribute microfiche copies of loose historical records held by libraries, archives and museums in the Lower Rio Grande Valley. Approximately 2,100 files containing 25,000 pages from seven locations will be used and are expected to result in 20,000 pages being microcopied. A computerized keyword index containing up to 900 keywords will be printed and distributed. The project will follow national standards for creating and preserving microfiche masters. The proposal will help preserve endangered historical records having lasting value, make microfiche copies of those records widely available in the Valley and throughout the state, and establish a base for continuing the project in the future. Contract is with the City of Weslaco (525 South Kansas, Weslaco, Texas 78596) in the amount of $25,817. The beginning date for these projects is September 1, 1991; the ending date is August 31, 1992. A progress report is due on March 25, 1992, for the first six months of the project, and a final report is due September 25, 1992. Issued in Austin, Texas, on August 12, 1991. TRD-9109527 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Filed: August 9, 1991 For further information, please call: (512) 463-5440 Board of Nurse Examiners Bid for Test Administration Service Requested Bid Request for Test Administration Service to administer licensing examination in February and July 1992. The services provided by the test manager and/or test administration service will be to: work with staff of examination site regarding arrangements; transport booklets to test sites and secure test booklets in accordance with the security measures; inventory test booklets at test site; provide testing supplies not supplied by board; provide personnel to administer the examination as follows: one examiner per site, one assistant examiner per site; one proctor for every 20 candidates. The proctors will be assigned as follows: one for every 35 seated candidates, one proctor supervisor for every 3-4 sections and doorkeepers; orient personnel to security measures and testing procedures; follow established security measures; check test booklets and verify that candidate identifying information is recorded correctly; prepare necessary forms; return test booklets to testing service as instructed by the board; and return specified test materials to board office. The Board of Nurse Examiners will: obtain examination sites; provide board liaison person to work with examiners at each site; notify staff of examination site regarding number of candidates expected at each site; order test booklets; inventory test booklets upon receipt in board office; provide number of candidates expected at each site approximately 30 days in advance; issue admission cards; provide alpha candidate rosters, test booklet/candidate record in alpha order-One for each proctor, seating labels; provide guidelines for emergency, late arrivals, etc.; provide copy of security measures and information to orient proctors; provide one copy of test administration manual for each site (to be treated as secure material); provide dialogue of necessary information to be read to candidates (information not in manual); and arrange for shipping of test books from examination site. Deadline for Submission . September 16, 1991. Contact the board's office for further information (512) 835-8650. Issued in Austin, Texas, on August 8, 1991. TRD-9109518 Louise Waddill, R.N., Ph.D. Executive Director Board of Nurse Examiners Filed: August 9, 1991 For further information, please call: (512) 835-8650 State Preservation Board Request for Proposals Sealed Proposals for the Interior Package I, Asbestos Abatement for the State Capitol Preservation Project, in Austin, will be received between the hours of 3 p.m. and 4 p.m. Sealed Proposals will be received on September 19, 1991, in Room 117 of the Sam Houston Building, 201 East 14th Street, Austin. Sealed Sub-bidder Identification Forms and Sub-bidder Qualification Statement and Certifications will be received no later than 2 p.m. on September 20, 1991, in Room 503 of the Sam Houston Office Building, 201 East 14th Street, Austin. Bids shall be addressed to the State Preservation Board, State of Texas, and will be publicly opened and read at 4 p.m. on September 19, 1991. No Bid may be changed, amended, or modified by telegram or otherwise after the same has been submitted or filed in response to this notice. A bid may be withdrawn, however, and resubmitted any time prior to the time set for receipt of bids. The work will be awarded under one lump sum contract. The successful bidder will be required to enter into a contract with the State Preservation Board. A Cashier's Check or Certified Check payable without recourse to the State Preservation Board, or Surety Proposal Bond issued by an acceptable surety company authorized to do business in Texas, in an amount not less than 5.0% of the largest possible total bid must accompany each bid as a guarantee that, if awarded the contract, the bidder will promptly enter into a contract and execute bonds in forms provided as outlined in the Specifications and Information to Bidders. A Performance Bond and Payment Bond in an amount of 100% of the contract price will be required. Attention is called to the fact that not less than the minimum wage rates prescribed in the special conditions must be paid on this project. The owner reserves the right to reject any and all bids. A Pre-bid Conference to answer questions of the bidders will be held on August 30, 1991, at 2 p.m. in Room 117 of the Sam Houston Building, 201 East 14th Street in Austin. A tour of the construction site will follow. No Construction Documents, Specifications and Supplemental Drawings can be purchased at the mandatory Pre-bid Conference. Each Contractor can reserve sets of documents upon the receipt of a deposit of $250 per set made payable to Texas Capitol Environmental Managers. Contractors can obtain these documents at the offices of KLW, Inc., 505 East Huntland Drive, Suite 420, Austin, Texas 78752, (512) 467-2813, after reserving such documents and receipt of the required deposit a minimum of 72 hours prior to the mandatory Pre-bid Conference or picking the documents up. Issued in Austin, Texas, on August 5, 1991. TRD-9109402 Cynthia E. Alexander Director of Administration and Finance State Preservation Board Filed: August 7, 1991 For further information, please call: (512) 463-5495 Sealed Base Bid Proposals-A For the Interior Preservation Package For Texas State Capitol Preservation Project, in Austin, will be received between the hours of 12 noon and 2 p.m. Sealed Unit Price Proposals and Alternate Proposals-B will be received between the hours of 2 p.m. and 4 p.m. Both sealed proposals will be received on September 19, 1991, in Room 117 of the Sam Houston Building, 201 East 14th Street, Austin. Sealed Sub-bidder Identification Forms and Sub-bidder Qualification Statement and Certifications will be received no later than 2 p.m. on September 20, 1991, in Room 503 of the Sam Houston Office Building, 201 East 14th Street, Austin. Bids shall be addressed to the State Preservation Board, State of Texas, and will be publicly opened and read at 4 p.m. on September 19, 1991. No bid may be changed, amended, or modified by telegram or otherwise the after it has been submitted or filed in response to this notice. A bid may be withdrawn, however, and resubmitted any time prior to the time set for receipt of bids. The work will be awarded under one lump sum contract. The successful bidder will be required to enter into a contract with the State Preservation Board. A Cashier's Check or Certified Check payable without recourse to the State Preservation Board, or Surety Proposal Bond issued by an acceptable surety company authorized to do business in Texas, in an amount not less than 5.0% of the largest possible total bid must accompany each bid as a guarantee that, if awarded the contract, the bidder will promptly enter into a contract and execute bonds in forms provided as outlined in the Specifications and Information to Bidders. A Performance Bond and Payment Bond in an amount of 100% of the contract price will be required. Attention is called to the fact that not less than the minimum wage rates prescribed in the special conditions must be paid on this project. The owner reserves the right to reject any and all bids. Bidders may obtain bid documents on or after Monday, August 5, 1991, by contacting John Mize at the office of Ford, Powell and Carson, 1138 East Commerce Street, San Antonio, Texas 78205, (512) 226-1246. A Pre-bid Conference to answer questions of the bidders will be held on August 30, 1991, at 2 p.m. in Room 117 of the Sam Houston Building, 201 East 14th Street in Austin. A tour of the construction site will follow. Issued in Austin, Texas, on August 4, 1991. TRD-9109403 Cynthia E. Alexander Director of Administration and Finance State Preservation Board Filed: August 7, 1991 For further information, please call: (512) 463-5495 Public Utility Commission of Texas Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to PUC Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for General Services Administration, Dallas. Tariff Title and Number . Application of Southwestern Bell Telephone Company for approval of PLEXAR-Custom Service for General Services Administration pursuant to PUC Substantive Rule 23.27(k). Tariff Control Number 10539. The Application. Southwestern Bell Telephone Company is requesting approval of PLEXAR-Custom Service for General Services Administration. 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 August 8, 1991. TRD-9109497 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Filed: August 8, 1991 For further information, please call: (512) 458-0100 State Purchasing and General Services Commission Request for Proposals Notice is hereby given to all interested parties pursuant to Texas Civil Statutes, Article 601b, Article 14, and 1 TAC sec.125.17, the State Purchasing and General Services Commission is soliciting proposals for the provision of contract corporate travel charge card for use by state employees traveling on official state business. The request for proposals containing requirements necessary for an appropriate response may be obtained on or after August 16, 1991, from: State Purchasing and General Services Commission, Travel and Transportation Division, Central Services Building, Room 107, 1711 San Jacinto, Austin, Texas 78711, Attention: Michael N. Powers, Director, (512) 463-3557. The closing date and time for receipt of proposals is 5 p.m., August 30, 1991. Proposals submitted will be evaluated and award will be made pursuant to the provisions of 1 TAC sec.125.17(b). Issued in Austin, Texas, on August 12, 1991. TRD-9109622 Judith Monaco Porras General Counsel State Purchasing and General Services Commission Filed: August 12, 1991 For further information, please call: (512) 463-3446 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 the City of Rio Hondo (Permit 10475-02) on August 5, 1991, assessing $3,620 in administrative penalties with $1,810 deferred and possibly waived 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 August 8, 1991. TRD-9109503 Laurie J. Lancaster Notices Coordinator Texas Water Commission Filed: August 8, 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 Beltway 90 Business Park, Inc. (No Permit) on August 5, 1991, assessing $6,200 in administrative penalties with $3, 200 deferred and foregoned pending compliance. Stipulated penalties were also imposed. Information concerning any aspect of this order may be obtained by contacting Laura Ray, Staff Attorney, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 463-8069. Issued in Austin, Texas, on August 8, 1991. TRD-9109500 Laurie J. Lancaster Notices Coordinator Texas Water Commission Filed: August 8, 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 Imperial Holly Corporation (Permit 00442-001, 00442-101, and 00442-102) on August 5, 1991, assessing $81,680 in administrative penalties. Stipulated penalties were also imposed. Information concerning any aspect of this order may be obtained by contacting Laura Ray, Staff Attorney, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 463-8069. Issued in Austin, Texas, on August 8, 1991. TRD-9109501 Laurie J. Lancaster Notices Coordinator Texas Water Commission Filed: August 8, 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 Postma Dairy (No Permit) on August 5, 1991, assessing $12,920 in administrative penalties with $6,430 deferred and possibly waived 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 August 8, 1991. TRD-9109502 Laurie J. Lancaster Notices Coordinator Texas Water Commission Filed: August 8, 1991 For further information, please call: (512) 463-7898 Texas Water Development Board Applications Received Pursuant to the Texas Water Code, sec.6.195, the Texas Water Development Board provides notice of the following applications received by the board. Texas Water Resources Institute, Texas Agricultural Experiment Station, Texas A&M University, College Station, Texas 77843-2118, received July 2, 1991, application for financial assistance in the amount of $5,605 from the Research and Planning Fund. Minden-Brachfield Water Supply Corporation, Rusk County Court House-Fourth Floor, Henderson, Texas 75652, received July 18, 1991, application for financial assistance in the amount of $350,000 from the Water Supply Account of the Texas Water Development Fund. Trinity River Authority of Texas-Ellis County Regional Water Supply Project, 5300 South Collins, Arlington, Texas 76018, received July 18, 1991, application for financial assistance in the amount of $397,000 from the Water Supply Account of the Texas Water Development Fund. Johnson County Rural Water Supply Corporation, P.O. Box 506, Cleburne, Texas 76301, received July 1, 1991, application for financial assistance in the amount of $2,500,000 from the Water Supply Account for the Texas Water Development Fund. South Texas Water Authority, P.O. Box 1701, Kingsville, Texas 78363, received June 3, 1991 request for change in scope to an existing commitment from the Water Supply Account of the Texas Water Development Fund. City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, received July 26, 1991, request for transfer of funding from the City's current FY 1989 State Water Pollution Control Revolving Fund commitment to its current FY 1990 State Water Pollution Control Revolving Fund commitment. Medina Valley S&WCD, Box 399, Hondo, Texas 78861, received February 5, 1991, request for financial assistance from the Agricultural Conservation Grants to Districts Program. Irion County WCD, Box 10, Metzon, Texas 76941, received March 18, 1991, request for financial assistance from the Agricultural Conservation Grants to Districts Program. Parmer County S&WCD, 1306 West 9th Street, Friona, Texas 79035, received March 6, 1991, request for financial assistance from the Agricultural Conservation Grants to Districts Program. Hockley-Lubbock S&WCDs, Box 174, Levelland, Texas 79336, received February 11, 1991, request for financial assistance from the Agricultural Conservation Grants to Districts Program. Tierra Blanca S&WCD, 315 West 3rd, Hereford, Texas 79045-5321, received March 13, 1991, request for financial assistance from the Agricultural Conservation Grants to Districts Program. Navasota S&WCD Box 871, Hempstead, Texas 77445, received February 7, 1991, request for financial assistance from the Agricultural Conservation Grants to Districts Program. Springhills WMD, Box 771, Bandera, Texas 78003-0771, received January 8, 1991, request for financial assistance from the Agricultural Conservation Grants to Districts Program. Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, received August 1, 1991, application for financial assistance in an amount not to exceed $70,000 from the Research and Planning Fund. Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199, received July 17, 1991, application for financial assistance in the amount of $284,000 from the Research and Planning Fund. Additional information concerning this matter may be obtained from Craig D. Pedersen, Executive Administrator, P.O. Box 13231, Austin, Texas 78711. Issued in Austin, Texas, on August 7, 1991. TRD-9109420 Craig D. Pedersen Executive Administrator Texas Water Development Board Filed: August 7, 1991 For further information, please call: (512) 463-7855 Texas Workers' Compensation Insurance Facility Request for Proposals The Texas Workers' Compensation Insurance Facility is accepting proposals from independent consultants to conduct a study and evaluation of Facility servicing companies to determine that acceptable, basic and sound claims handling procedures are being utilized for the processing and handling of assigned risk workers' compensation claims. The study also will evaluate the degree of compliance with the Facility's rules and procedures by the servicing companies in the administration and handling of its assigned risk claims. Proposals should include, but not be limited to, the information required by Section V of the RFP. Finalists may be required to make a formal presentation to the selection committee. If a presentation is required, finalists will be notified at a later date. Ten copies of each proposal should be submitted no later than 4:30 p.m., September 15, 1991 to: T.W.C.I.F., 8303 MoPac Expressway North, Suite 310, Austin, Texas 78759-8396, Attention: Ed Morgan. If there are any questions, please direct them to Mr. Morgan at (512) 345-1222, extension 244. Issued in Austin, Texas, on August 8, 1991. TRD-9109550 Miles L. Mathews Administrative Support Manager Texas Workers' Compensation Insurance Facility Filed: August 9, 1991 For further information, please call: (512) 345-1222