ISSUE OFAugust 27, 1991" Volume 16, Number 64, August 27, 1991 Pages 4659-4695 Attorney General Open Records Decision 4669-ORD-591 (RQ-33) 4669-ORD-590 (RQ-2183) 4669-ORD-589 (RQ-81) 4669-ORD-588 (RQ-2181) 4669-ORD-587 (RQ-2167) Opinions 4669-DM-5A (RQ-2151) 4669-DM-24 (RQ-2125) 4669-DM-25 (RQ-2189) 4670-DM-26 (RQ-14) 4670-DM-27 (RQ-39) 4670-DM-28 (RQ-41) 4670-DM-29 (RQ-50) Request For Opinion 4670-(RQ-78) 4670-(RQ-79) 4670-(RQ-80) 4670-(RQ-81) 4670-(RQ-82) 4670-(RQ-83) 4670-(RQ-84) 4670-(RQ-85) 4670-(RQ-86) 4670-(RQ-87) 4670-(RQ-88) 4670-(RQ-89) 4670-(RQ-90) 4670-(RQ-91) 4670-(RQ-92) 4670-(RQ-93) 4670-(RQ-94) 4670-(RQ-95) 4671-(RQ-96) 4671-(RQ-97) 4671-(RQ-98) 4671-(RQ-99) 4671-(RQ-100) 4671-(RQ-101) 4671-(RQ-102) 4671-(RQ-103) Emergency Sections Railroad Commission of Texas 4673-Transportation Division Proposed Sections Texas Education Agency 4677-Budgeting, Accounting,and Auditing Texas County and District Retirement System 4677-Calculations or Types of Benefits Texas Department of Human Services 4678-Family Self-Support Services Withdrawn Sections Texas State Board of Dental Examiners 4679-Dental Board Procedures Texas Workers' Compensation Commission 4679-General Provisions-Required Notices of Coverage Adopted Sections Comptroller of Public Accounts 4681-Tax Administration Open Meetings 4683-Texas State Board of Public Accountancy 4683-Texas Commission on the Arts 4683-Bond Review Board 4683-Texas Catastrophe Property Insurance Association 4683-Texas Department of Commerce 4683-Texas Education Agency 4684-Employees Retirement System of Texas 4684-Texas Employment Commission 4684-Texas Department of Health 4684-State Department of Highways and Public Transportation 4684-State Board of Insurance 4685-Texas Juvenile Probation Commission 4685-Texas Board of Professional Land Surveying 4685-Texas Department of Licensing and Regulation 4685-Texas State Board of Medical Examiners 4685-Texas Parks and Wildlife Department 4686-Public Utility Commission of Texas 4687-Texas Silver Haired Legislature 4687-Stephen F. Austin State University 4687-Texas Southern University 4687-Texas Woman's University 4687-Texas Treasury Safekeeping Trust Company 4687-University of North Texas/Texas College of Osteopathic Medicine 4688-Texas Water Commission 4688-Regional Meetings In Addition Commission on Fire Protection Personnel Standards and Education 4691-Correction of Error Texas Department of Health 4691-Correction of Error 4691-Notice of Intent to Revoke Certificates of Registration 4692-Notice of Intent to Revoke Radioactive Material Licenses Texas Housing Agency 4692-Request for Proposals Texas Department of Human Services 4693-Correction to Notice of Public Hearing 4693-Public Notice Veterans Land Office point=9.03p set=9.03p>4694-Correction of Error Texas Workers' Compensation Commission 4694-Executive Director Vacancy Posting CONTENTS CONTINUED INSIDE ISSUE OFAugust 27, 1991" TAC Titles Affected TAC Titles Affected-August The following is a list of the administrative rules that have been published this month. TITLE 1. ADMINISTRATION Part IV. Office of the Secretary of State 1 TAC sec.97.27, sec.97.28--4529, 4535 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 Part V. Texas Department of Commerce 10 TAC sec.sec.178.10, 178.11, 178.12, 178.14, 178.16 --4619 10 TAC sec.178.17, sec.178.18--4619 10 TAC sec.178.20--4619 TITLE 14. AGRICULTURE Part II. Animal Health Commission 14 TAC sec.35.2--4223 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas 16 TAC sec.5.37--4673 16 TAC sec.5.40--4673 16 TAC sec.5.184--4673 16 TAC sec.5.346-- 16 TAC sec.5.386--4674 16 TAC sec.5.458--4674 16 TAC sec.5.502--4674 16 TAC sec.5.503--4674 16 TAC sec.5.507--4675 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 Part VIII. Texas Racing Commission 16 TAC sec.305.4--4575, 4595 16 TAC sec.305.12--4595 16 TAC sec.305.32--4595 16 TAC sec.305.44--4575, 4596 16 TAC sec.305.49--4575, 4596 16 TAC sec.305.50--4575, 4596 16 TAC sec.305.63--4576, 4596 16 TAC sec.305.65--4576, 4597 16 TAC sec.305.66--4597 16 TAC sec.305.83--4576, 4597 16 TAC sec.305.85--4576, 4597 16 TAC sec.305.87--4577, 4598 16 TAC sec.305.91--4577, 4598 16 TAC sec.305.103--4577, 4598 16 TAC sec.305.104--4598 16 TAC sec.305.105--4577, 4599 16 TAC sec.305.124--4578, 4599 16 TAC sec.305.126--4578, 4599 16 TAC sec.305.128--4578, 4599 16 TAC sec.305.141--4578, 4600 16 TAC sec.305.142--4600 16 TAC sec.305.143--4579, 4600 16 TAC sec.305.147--4579, 4600 16 TAC sec.305.148--4579, 4601 16 TAC sec.305.149--4580, 4601 16 TAC sec.305.150--4580, 4601 16 TAC sec.305.164--4602 16 TAC sec.305.168--4580, 4602 16 TAC sec.305.182--4586, 4602 16 TAC sec.305.183--4602 16 TAC sec.305.185--4586, 4603 16 TAC sec.305.186--4586, 4603 16 TAC sec.305.188--4586, 4603 16 TAC sec.305.191--4587, 4603 16 TAC sec.305.204--4587, 4604 16 TAC sec.305.224--4604 16 TAC sec.305.227--4604 16 TAC sec.305.228--4604 16 TAC sec.307.2--4587, 4605 16 TAC sec.307.3--4588, 4605 16 TAC sec.307.6--4588, 4605 16 TAC sec.307.73--4588, 4605 16 TAC sec.307.75--4606 16 TAC sec.307.79--4588, 4606 16 TAC sec.307.82--4588, 4606 16 TAC sec.307.121--4589, 4607 16 TAC sec.307.122--4589, 4607 16 TAC sec.307.123--4589, 4607 16 TAC sec.307.126--4590, 4607 16 TAC sec.307.127--4590, 4608 16 TAC sec.307.135--4590, 4608 16 TAC sec.307.158--4590, 4608 16 TAC sec.307.159--4590, 4608 16 TAC sec.307.161--4591, 4609 16 TAC sec.307.181--4609 16 TAC sec.307.186--4591, 4609 16 TAC sec.307.204--4609 16 TAC sec.307.207--4591, 4610 16 TAC sec.307.226--4610 16 TAC sec.307.241--4591, 4610 16 TAC sec.307.242--4592, 4611 16 TAC sec.307.244--4592, 4611 16 TAC sec.307.246--4592, 4611 16 TAC sec.307.261--4592, 4611 16 TAC sec.307.262--4593, 4612 16 TAC sec.307.263--4593, 4612 16 TAC sec.309.355--4593 16 TAC sec.311.9--4594, 4612 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.109.61--4677 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.101.1--4620 22 TAC sec.101.2--4620 22 TAC sec.sec.101.2-101.4--4617 22 TAC sec.101.5--4620 22 TAC sec.sec.101.11-101.15--4620 22 TAC sec.101.21, sec.101.22--4620 22 TAC sec.101.31, sec.101.32--4620 22 TAC sec.101.41--4620 22 TAC sec.101.51, sec.101.52--4620 22 TAC sec.101.61--4621 22 TAC sec.101.71--4621 22 TAC sec.101.81--4621 22 TAC sec.107.61--4621 22 TAC sec.107.63--4679 22 TAC sec.109.144--4621 22 TAC sec.109.211--4617 22 TAC sec.sec.116.1, 116.2, 116.4--4283 22 TAC sec.116.3--4283 22 TAC sec.117.1--4617 22 TAC sec.sec.119.2-119.8--4622 22 TAC sec.sec.121.1-121.6--4622 22 TAC sec.123.1--4622 22 TAC sec.sec.123.11-123.19--4622 22 TAC sec.sec.123.31-123.41--4623 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 XXII. Texas State Board of Public Accountancy 22 TAC sec.501.40--4623 22 TAC sec.505.3--4623 22 TAC sec.505.5--4623 22 TAC sec.513.26--4623 22 TAC sec.513.84--4624 22 TAC sec.519.8--4624 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.1.181--4529, 4535 25 TAC sec.181.1, sec.181.6--4530, 4536 25 TAC sec.181.2--4536 25 TAC sec.sec.181.22, 181.23, 181.25--4531, 4536 25 TAC sec.181.24--4536 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.sec.110.1-110.3--4679 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 31 TAC sec.sec.21.1-21.31, 21.33-21.52--4541 31 TAC sec.21.32--4539 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 31 TAC sec.335.341-335.346--4625 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts 34 TAC sec.3.196--4466 34 TAC sec.3.253--4681 34 TAC sec.3.286--4681 34 TAC sec.3.287--4681 34 TAC sec.3.322--4681 34 TAC sec.3.375--4681 34 TAC sec.3.425--4682 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 Part V. Texas County and District Retirement System 34 TAC sec.103.1--4677 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.251.9--4537 37 TAC sec.297.9--4357 37 TAC sec.297.10--4612 37 TAC sec.sec.300.1-300.6--4613 Part XI. Texas Juvenile Probation Commission 37 TAC sec.341.15--4286 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human 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 40 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.10.3412--4678 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.35.603--4630 40 TAC sec.sec.35.801-35.804--4630 40 TAC sec.47.6901--4225 40 TAC sec.sec.48.2801-48.2810--4631 40 TAC sec.48.2906, sec.48.2918--4493 40 TAC sec.48.2908--4494 40 TAC sec.38.3904--4537 40 TAC sec.48.8901--4538 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 Attorney General Description of Attorney General submissions. Under provisions set out in the Texas Constitution, the Texas Government Code, Title 4, sec.402.042 and numerous statutes, the attorney general is authorized to write advisory opinions for state and local officials. These advisory opinions are requested by agencies or officials when they are confronted with unique or unusually difficult legal questions. The attorney general also determines, under authority of the Texas Open Records Act, whether information requested for release from governmental agencies maybe held from public disclosure. Requests for opinions, opinions, and open record decisions are summarized for publication in the Texas Register. The Attorney General responds to many requests for opinions and open records decisions with letter opinions. A letter opinion has the same force and effect as a formal Attorney General Opinion, and represents the opinion of the Attorney General unless and until it is modified or overruled by a subsequent letter opinion, a formal Attorney General Opinion, or a decision of a court of record. Open Records Decisions ORD-591 (RQ-33). Request from Jeff W. Ryan, Cowles & Thompson, Irving Hospital Authority, Dallas, concerning whether a patient has a right under the Open Records Act,sec.3B(a) to see peer review committee documents pertaining to him. Summary of Opinion. The main purpose of the confidentiality provision of the Health and Safety Code, sec.161.032 and Texas Civil Statutes, Article 4495b, s5.06(g) the Medical Practice Act, is to encourage frank discussion, not to protect patient privacy. Therefore, a patient whose treatment is the subject of such records has no special right of access to such records under the Open Records Act, sec.3B(a). TRD-9110097 ORD-590 (RQ-2183). Request from Genevieve G. Stubbs, First Assistant General Counsel, Texas A&M University System, College Station, concerning availability under Texas Open Records Act of information identifying donors and amount of donations to West Texas State University. Summary of Opinion. Information identifying donors or pledgors, and amounts of donations and pledges, including outstanding pledges, to a public university is not within an exception to the Texas Open Records Act. TRD-9110096 ORD-589 (RQ-81). Request from Mark T. Sokolow, City Attorney, City of League City, League City, concerning disclosure of attorney bills under the Open Records Act. Summary of Opinion. Attorney fee bills may be withheld under the Open Records Act, Texas Civil Statutes, Article 6252-17a, sec.3(a)(7) only if they reveal client confidences or attorney advice. TRD-9110095 ORD-588 (RQ-2181). Request from Philip Barnes, Commissioner, State Board of Insurance, Austin, concerning application of the litigation exception of the Open Records Act, Texas Civil Statutes, Article 6252-17a, sec.3(a)(3), to pending and contemplated administrative hearings. Summary of Opinion. Information related to a contested case before an administrative agency, to which the state is, or may be, a party, is "information relating to litigation" within sec.3(a)(3) of the Open Records Act, Texas Civil Statutes, Article 6252-17a. Texas Civil Statutes, Article 6252-17b, requires licensing agencies to maintain files about its licensees in manner that permits public access to all information about them, unless the information is within an exception to the Open Records Act, or is made confidential by some other provision of law. TRD-9110094 ORD-587 (RQ-2167). Request from Ron Lindsey, Commissioner, Texas Department of Human Services, Austin, concerning confidentiality of information from investigation of a complaint of child abuse at a day care facility licensed by the Department of Human Services. Summary of Opinion. The Family Code, sec.34.08, prohibits public disclosure of records of child abuse/neglect investigations carried out by the Department of Human Services and maintained in the department's licensing files. Therefore, such records are excepted from public disclosure under the Open Records Act, sec.3(a)(1). The confidentiality provisions of the Family Code, sec.34.08 are intended to protect law enforcement as well as privacy interests. Therefore, the Open Records Act, sec.3B, cannot operate to give any individual a special right of access to information within the protection of sec.34.08. TRD-9110093 Opinions DM-5A (RQ-2151). Request from Erwin W. Barton, Chairman, Human Service Committee, Texas House of Representatives, Austin, concerning whether the Alcoholic Beverage Code sec.102.51, imposes a territorial limitation on the resale of beer by local distributors. Summary of Opinion. A local beer distributor may resell particular brand of beer that he purchases from a general distributor only in the territory in which the general distributor is authorized by the manufacturer to sell that brand. When a local distributor purchases beer from a manufacturer, the local distributor may only resell the beer in the territory specified in his written agreement with the manufacturer. TRD-9110085 DM-24 (RQ-2125). Request from Jack E. Crump, Executive Director, Texas Commission on jail Standards, Austin, concerning whether detention centers and similar facilities are "jails" for purposes of the requirements of the Local Government Code, sec.351.006(d), (e) regarding single cell and dormitory space in "county jails," and related questions. Summary of Opinion. All county facilities used by a county for the confinement of county prisoners are subject to the jurisdiction of the Commission on Jail Standards under the Government Code, Chapter 511. The commission has authority to establish reasonable standards for the design of county detention facilities ancillary to the "county jail" proper that depart from the single cell dormitory requirements for "county jails" in the Local Government Code, sec.351.006(d) and (e). TRD-9110086 DM-25 (RQ-2189). Request from Carl A. Parker, Chairman, Education Committee, Texas State Senate, Austin, concerning meaning of the "locality in which the work is performed" for purposes of Texas Civil Statutes, Article 5159a, the prevailing wage statute, and related questions. Summary of Opinion. The term "locality in which the work is performed" in the prevailing wage statute, Texas Civil Statutes, Article 5159a, generally refers to the political subdivision most nearly corresponding to the location of the work. The criteria and methods for determining "the general prevailing rate of per diem wages" under that statute are matters within the discretion of the public body authorizing or contracting for the work, so long as the resulting prevailing wage determination reasonably reflects the actual "general prevailing rate of per diem wages" in the locality in question. TRD-9110087 DM-26 (RQ-14). Request from Arnold W. Oliver, P.E., Engineer-Director, State Department of Highways and Public Transportation, Austin, concerning fees payable to county and district clerks in eminent domain cases and when fees are payable by state agency. Summary of Opinion. A county clerk is authorized to assess a fee of $40 for condemnation proceedings filed in county court, but such fee is not due until either an objection is filed to the condemnation or a judgment is entered. A district clerk is authorized to assess as reasonable fee, not to exceed $40, in condemnation proceedings. Such fee is payable at the time the condemnor initiates the proceedings. TRD-9110088 DM-27 (RQ-39). Request from Ernestine V. Glossbrenner, Chairman, Public Education Committee, Texas House of Representatives, Austin, concerning whether the Texas Education Code, sec.13.352(d), authorizes a principal of a public school to reject teachers who are transferred by the school district, or voluntarily transfer, to his school; and whether the principal's approval authority extends to all school staff. Summary of Opinion. The Texas Education Code, sec.13.352(d), grants authority to public school principals to approve all teacher their campuses. They are therefore not required to accept teachers approved for transfer to their campuses by the school district administration. TRD-9110089 DM-28 (RQ-41). Request from James M. Kuboviak, Brazos County Attorney, Brazos County Courthouse, Bryan, concerning whether Texas Civil Statutes, Article 6701d-11, sec.5B authorizes a vehicle to operate at five percent over the maximum gross weight for which the vehicle can be registered, or whether the vehicle is limited to five percent over the posted load limit of the road over which it is traveling. Summary of Opinion. Texas Civil Statutes, Article 6701d-11, sec.5B authorizes the Department of Highways and Public Transportation to issue permit to authorize the enumerated vehicles to operate at five percent in excess of the allowable gross weight under Texas Civil Statutes, Article 6701d-11, s5(a). TRD-9110090 DM-29 (RQ-50). Request from John Vance, Dallas County District Attorney, Civil Section, Dallas, concerning whether the Dallas County Hospital District may use hospital district funds to become a dues-paying member of a private, nonprofit corporation or to reimburse district officials for expenses of individual membership. Summary of Opinion. The Dallas County Hospital District is not authorized to become a dues-paying member of various private, nonprofit corporations and associations nor to reimburse its administrator for maintaining an individual membership in such organizations. TRD-9110091 Requests for Opinions (RQ-78). Request from George E. Chapman, Executive Director, Workers' Compensation Commission, Austin, concerning whether the executive director of the Workers' Compensation Commission had the power to promulgate rules between April 1, 1990, and December 31, 1990, and related questions. (RQ-79). Request from Kenneth H. Ashworth, Commissioner, Higher Education Coordinating Board, Austin, concerning whether a junior college may borrow money to rehabilitate historic buildings under the Education Code, sec.20. 45. (RQ-80). Request from Dwight P. McDaniel, County Attorney, Sabine County, Hemphill, concerning whether a petition for a county to adopt an optional county road system that contains information not authorized to the included in a petition under Texas Civil Statutes, Article 6702-1, s3.201, invalidates the entire petition. (RQ-81). Request from Mark T. Sokolow, City Attorney, City of League City, League City, concerning disclosure of attorney bills under the Open Records Act. (RQ-82). Request from Kenneth W. Littlefield, Commissioner, Texas Department of Banking, Austin, concerning questions relating to the powers and duties of the Texas Department of Banking and Guaranty Fund Advisory Council regarding the Sale of Prepaid Funeral Services and Funeral Merchandise Act. (RQ-83). Request from Ronnie Earle, District Attorney, Office of the District Attorney, Austin, concerning whether a juvenile who has committed a felony is required to disclose the felony adjudication in applications for employment or admission to educational institutions. Withdrawn by requestor. (RQ-84). Request from Dennis R. Jones, M.S.W., M.B.A., Commissioner, Texas Department of Mental Health and Mental Retardation, Austin, concerning Open Records request made to MH/MR from Austin American Statesman regarding the death of James Gipson. (RQ-85). Request from Mike Driscoll, County Attorney, Harris County, Houston, concerning whether real property owned by a flood control district may be sold at a public auction rather than by sealed bids. (RQ-86). Request from Mike Driscoll, County Attorney, Harris County, Houston, concerning questions relating to service of process under the Texas Rules of Civil Procedure. (RQ-87). Request from Polly Sowell, Executive Director, Texas Department on Aging, Austin, concerning liability of volunteers in the state long-term care ombudsman program of the Texas Department on Aging. (RQ-88). Request from Joe Lucas, County Attorney, El Paso County, El Paso, concerning whether a hospital district may eliminate dental health clinic services it is currently providing, and if so, does the district remain financially responsible for providing such services to indigent residents of the hospital district. (RQ-89). Request from Bill G. Carter, Chairman, Committee on Public Safety, Texas House of Representatives, Austin, concerning whether county commissioners have authority to set boundaries for wet/dry elections and other related questions. (RQ-90). Request from Sam W. Russell, Chairman, Committee on Criminal Jurisprudence, Texas House of Representatives, Austin, concerning whether a question on a driver's renewal form inquiring as to whether the applicant has had problems with alcohol or drug abuse is constitutional. (RQ-91). Request from Robert Bernstein, M.D., F.A.C.P., Commissioner, Texas Department of Health, Austin, concerning whether an individual has a right under the Open Records Act, sec.3B to inspect information about himself in the records of a Department of Health investigation of a complaint against a home health services agency. (RQ-92). Request from Dr. Robert Bernstein, M.D., F.A.C.P., Commissioner, Department of Health, Austin, concerning whether the Department of Health must hold public hearings prior to awarding state grants to community organizations for HIV education, prevention and risk reduction programs. (RQ-93). Request from Philip W. Barnes, Commissioner, State Board of Insurance, Austin, concerning when a state agency receives an open records request for information related to administrative litigation, does the attorney general or the agency attorney make the initial determination under sec.3(a)(3) that information should be withheld from inspection. (RQ-94). Request from Robert A. MacLean, M.D., Acting Commissioner, Texas Department of Health, Austin, concerning whether the Open Records Act, sec.3(a)(15)(A) or the Health and Safety Code, sec.192.008 control the release of an official birth records of an adoptee. (RQ-95). Request from Jim Phillips, General Counsel, Legal Services Division, General Land Office, Austin, concerning various questions regarding whether certain geological and geophysical information and data are exempt from disclosure under the Open Records Act. (RQ-96). Request from Brenda H. Collier, Chair, Texas Board of Private Investigators and Private Securities Agency, Austin, concerning whether a rule is valid that allows the Texas Board of Private Investigators and Private Security Agencies to take disciplinary actions against licensees because of a felon indictment or filing of felony charges, where the governing act Texas Civil Statutes, Article 4413 (29bb), sec.11B, only permits discipline upon conviction of a felony or a misdemeanor involving moral turpitude. (RQ-97). Request from John Hall, Chairman, Texas Water Commission, Austin, concerning various questions relating to the circumstances under which a Hearings Examiner and/or General Counsel of the Texas Water Commission may engage in ex parte examiners. (RQ-98). Request from Kevin O'Hanlon, General Counsel, Office of Legal Services, Texas Education Agency, Austin, concerning questions relating to Surety Bonds issued on Behalf of school districts. (RQ-99). Request from Kevin O'Hanlon, General Counsel, Office of Legal Services, Texas Education Agency, Austin, concerning whether a municipality can refuse to issue building permits or certificates of occupancy to a school district for failing to comply with municipal building code requirements on handicapped accessibility if the school district has obtained a waiver under the Elimination of Architectural Barriers Act. (RQ-100). Request from Susan Gay Dorsett, Chair, State Commission of Examiners for Speech-Language Pathology and Audiology Austin, concerning clarification of RQ-59 whether audiology students at a college or university are required to obtain a temporary training permit from the Texas Board of Examiners in the Fitting and Dispensing of Hearing Aids in order to make ear impressions. (RQ-101). Request from Temple Dickson, Chairman, Senate Economic Development Committee, Austin, concerning, whether a municipal industrial development corporation may use funds generated by a sales tax for the purpose of acquiring, constructing and operating a "for profit" hospital or clinic. (RQ-102). Request from Patrick C. Bachelor, Criminal District Attorney, Navarro County Courthouse, Corsicana, concerning under the Texas Code of Criminal Procedure, Article 59.06(c)(3) may a district attorney expend funds forfeited to the district attorney's office for an all-weather running track to be built on school district property. (RQ-103). Request from J. Kirk Brown, General Counsel, Texas Department of Criminal Justice Institutional Division, Huntsville, concerning availability under Open Records Act of personnel records of employees of the Texas Department of Criminal Justice. TRD-9110092 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 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 5. Transportation Division The Railroad Commission of Texas adopts on an emergency basis amendments to sec.sec.5.37, 5.40, 5.184, 5.346, 5.386, 5.458, 5.502, 5.503, and 5.507, concerning armored contract carriers; intercorporate transportation exemption; insurance carrier; evidence of liability security; filing fee accompanying application; application for registration of commercial motor vehicles; liability insurance for commercial carriers; and temporary registration for international commercial carriers. The amendments are adopted on an emergency basis because state law requires that the rules be effective less than 20 days after the adoption of the rules. The amendments are adopted as a result of House Bills 1 and 11, adopted by the First Called Session of the 72nd Legislature, which is effective on September 1, 1991. The amendment to sec.5.37 sets the application fee for armored contract carrier permits at $100. The amendments to sec.sec.5.40, 5.184, 5. 346, 5.386, 5.502 and 5.503 set the filing fee for proof of insurance at $100. The amendment to sec.5.458 sets the application fee for common carrier certificates, specialized motor carrier certificates, and contract carrier permits at $100. The amendment to sec.5.507 sets the filing fees and registration fees for proof of insurance at $10 each per vehicle. Subchapter B. Operating Certificates, Permits, and Licenses 16 TAC sec.5.37 The amendment is adopted on an emergency under the Motor Carrier Act, Texas Civil Statutes, Article 911b, sec.6-dd, which subjects armored contract carriers to all regulations regarding contract carriers, and sec.7, which as amended sets the application fees for permits at $100. sec.5.37. Armored Contract Carriers. (a) (No change.) (b) Applications for armored contract carrier permits. (1) (No change.) (2) Contents of the application. The Application for an armored contract carrier permit shall contain: (A)-(F) (No change.) (G) a filing fee of $100
    [$10]. (3)-(5) (No change.) (c)-(e) (No change.) Issued in Austin, Texas, on August 20, 1991. TRD-9110182 Martha V. Swanger Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 463-7094 16 TAC sec.5.40 The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 6701d, sec.139(c), which require all commercial motor vehicles to file proof of insurance with the commission, and which authorize the commission to charge a fee for those filings. The amendment is also adopted under House Bill 1, First Called Session, 72nd Legislature, which directed the commission to raise the filing fee to $100. sec.5.40. Intercorporate Transportation Exemption. (a)-(b) (No change.) (c) Application for certificate of notice. Before engaging in the transportation defined in subsection (a) of this section, the parent corporation shall file with the commission the following: (1)-(3) (No change.) (4) a $100
      [$25] filing fee. (d)-(g) (No change.) Issued in Austin, Texas, on August 20, 1991. TRD-9110183 Martha V. Swanger Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 463-7094 Subchapter L. Insurance Requirements 16 TAC sec.5.184 The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 6701d, sec.139(c), which require all commercial motor vehicles to file proof of insurance with the commission, and which authorize the commission to charge a fee for those filings. The amendment is also adopted under House Bill 1, First Called Session, 72nd Legislature, which directed the commission to raise the filing fee to $100. sec.5.184. Insurance Carrier.
        No surety bond, insurance policy, or certificate of insurance will be accepted by the commission unless issued by an insurance company or surety company licensed and authorized to do business in the State of Texas in the form prescribed or approved by the State Board of Insurance and signed or countersigned by an authorized agent of the insurance or surety company. The commission will accept a certificate of insurance issued by a surplus lines insurer that meets the requirements of the Insurance Code, Article 1.14-2, and rules adopted by the State Board of Insurance under that article, if accompanied by proof of inability to obtain insurance from any insurance company authorized to do business in the State of Texas in the form of the affidavit required under 28 TAC sec.15.13 (relating to Surplus Lines Insurance Affidavit. Each certificate of insurance filed with the commission for the coverage required under s5.181(a)(1) of this title (relating to Evidence of Insurance Required) shall be accompanied by a filing fee of $100
          [$25]. Issued in Austin, Texas, on August 20, 1991. TRD-9110184 Martha V. Swanger Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 463-7094 Subchapter R. Registration of Interstate Operating Authority 16 TAC sec.5.346 The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 6701d, sec.139(c), which require all commercial motor vehicles to file proof of insurance with the commission, and which authorize the commission to charge a fee for those filings. The amendment is also adopted under House Bill 1, First Called Session, 72nd Legislature, which directed the commission to raise the filing fee to $100. sec.5.346. Evidence of Liability Security. (a) (No change.) (b) Form and execution of liability insurance certificate. The certificate of insurance referred to in subsection (a) of this section shall state that the insurer has issued to such motor carrier a policy of insurance which by endorsement provides automobile bodily injury and property damage liability insurance covering the obligations imposed upon such motor carrier by the provisions of the laws of this state. The certificate shall be in the form set forth in Form E which is made a part hereof. The certificate shall be printed on a rectangular card five inches in height and eight inches in width. The certificate shall be duly completed and executed by such insurer. Each certificate filed with the commission shall be accompanied by a fee of $100
            [$25]. (c) (No change.) Issued in Austin, Texas, on August 20, 1991. TRD-9110185 Martha V. Swanger Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 463-7094 Subchapter T. Registration of Operations Exempt from ICC Regulations 16 TAC sec.5.386 The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 6701d, sec.139(c), which require all commercial motor vehicles to file proof of insurance with the commission, and which authorize the commission to charge a fee for those filings. The amendment is also adopted under House Bill 1, First Called Session, 72nd Legislature which directed the commission to raise the filing fee to $100. sec.5.386. Evidence of Liability Security. (a) (No change.) (b) Form and execution of liability insurance certificate. The automobile bodily injury and property damage liability insurance covering the obligations imposed upon such motor carrier by the provisions of the laws of this state and regulations of the commission. The certificate shall be in the form set forth in Form E, which is made a part hereof. The certificate shall be printed on a rectangular card five inches in height and eight inches in width. The certificate shall be duly completed and executed by such insurer. Each certificate filed with the commission shall be accompanied by a fee of $100
              [$25]. (c) (No change.) Issued in Austin, Texas, on August 20, 1991. TRD-9110186 Martha V. Swanger Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 463-7094 Subchapter U. General and Special Rules of Practice and Procedure 16 TAC sec.5.458 The amendment is adopted on an emergency basis under the Texas Motor Carrier Act, Texas Civil Statutes, Article 911b, sec. s5a(f), 7, and 17(a), which authorize the commission to set the application fees for certificates and permits at $100. sec.5.458. Filing Fee Accompanying Application.
                Every application [or request] seeking a [license] common carrier certificate, specialized motor carrier
                  certificate, contract carrier
                    permit, or an
                      amendment to a certificate or permit, shall be accompanied by a filing fee of $100. Every application for a
                        sale, transfer, division, consolidation, name change, reinstatement, suspension, lease (or cancellation of a lease), [authority,] change in rates or charges, any application seeking approval of action by a railroad, or other applications, shall be accompanied by a filing fee in the sum of $25, except that an application seeking [a contract carrier permit or] an approval of a
                          [an amendment,] sale, transfer, or lease of a contract carrier permit shall be accompanied by a filing fee in the sum of $10, and that an application for a broker's license shall be accompanied by a filing fee in the amount of $5.00. Every complaint shall be accompanied by a filing fee in the sum of $25. All filing fees shall be nonrefundable. Issued in Austin, Texas, on August 20, 1991. TRD-9110187 Martha V. Swanger Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 463-7094 Subchapter W. Registration of Commercial Carriers 16 TAC sec.5.502 The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 911b, sec.4(a)(13), which require all commercial motor vehicles to be registered with the commission and to pay a registration fee of $10 per vehicle, and Article 6701d, sec.139(c), which requires all commercial motor vehicles to file proof of insurance with the commission and to pay a fee for those filings. The amendment is also adopted under House Bill 1, First Called Session, 72nd Legislature, which directed the commission to raise the filing fee to $100. sec.5.502. Applications for Registration of Commercial Motor Vehicles. (a)-(d) (No change.) (e) Filing fee. The fees for an application shall be a filing fee of $100
                            [$25], plus a registration fee of $10
                              [$1.00] for each vehicle registered. The fee shall be in the form of a check or money order made payable to the state treasurer of Texas. (f)-(i) (No change.) Issued in Austin, Texas, on August 20, 1991. TRD-9110188 Martha V. Swanger Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 463-7094 16 TAC sec.5.503 The amendment is adopted under Texas Civil Statutes, Article 6701d, sec.139(c), which require all commercial motor vehicles to file proof of insurance with the commission and to pay a fee for those filings. The amendment is also adopted under House Bill 1, First Called Session, 72nd Legislature, which directed the commission to raise the filing fee to $100. sec.5.503. Liability Insurance for Commercial Carriers. (a)-(f) (No change.) (g) Additional filing and fee. Any additional proof of insurance filed with the commission shall require a filing fee of $100
                                [$25]. Issued in Austin, Texas, on August 20, 1991. TRD-9110189 Martha V. Swanger Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 463-7094 16 TAC sec.5.507 The amendment is adopted under Texas Civil Statutes, Article 911b, sec.4(a) (13), which require all commercial motor vehicles to be registered with the commission and to pay a registration fee of $10 per vehicle, and Article 6701d sec.139(c), which requires all commercial motor vehicles to file proof of insurance with the commission and to pay a fee for those filings. The amendment is also adopted under House Bill 1, First Called Session, 72nd Legislature, which directed the commission to raise the combined fee to $20. sec.5.507. Temporary Registration of International Commercial Carriers. (a)-(b) (No change.) (c) Procedures. (1) An insurance
                                  agent which has filed a master liability insurance policy under which temporary insurance policies are issued shall obtain registration stamps from the commission. For each stamp ordered, the
                                    [The] agent shall pay to the commission a filing fee of $10
                                      [$1. 00] and a registration fee of $10
                                        [$1.00 for each stamp ordered]. (2)-(5) (No change.) Issued in Austin, Texas, on August 20, 1991. TRD-9110190 Martha V. Swanger Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 463-7094 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 19. EDUCATION Part II. Texas Education Agency Chapter 109. Budgeting, Accounting, and Auditing Subchapter D. Adoptions by Reference 19 TAC sec.109.61 The Texas Education Agency (TEA) proposes an amendment to sec.109.61, concerning the adoption by reference of Change 25 to the financial accounting manual for school districts and regional education service centers, Bulletin 679. Change 25 primarily addresses the implementation of accounting procedures for Tier 1 revenues. Procedure number ACT-311 was expanded substantially to provide accounting instructions to component school districts concerning the receipt of Tier 1 revenues, and procedure number ACT-323 was added to provide accounting instructions to county education districts. County education districts, according to House Bill 2885, 72nd Texas Legislature, are required to comply with the budgeting, accounting, audit, and depository contract laws that apply to local education agencies. Thomas Canby, director, Audit Division, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state government as a result of enforcing or administering the section. The effect on local government will be an indeterminable cost for setting up administrative offices to manage the fiscal responsibilities included in the legislation. Mr. Canby 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 Bulletin 679 addresses the implementation of accounting procedures for Tier 1 revenues. 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.11.29, which directs the commissioner of education to adopt annually a budget for operating the Foundation School Program, the Central Education Agency, and other programs for which the State Board of Education has responsibility. sec.109.61. Financial Accounting Manual. (a) The rules for financial accounting are described in the official Central Education Agency bulletin, Financial Accounting Manual, Bulletin 679, as amended June
                                          [May] 1991, which is adopted by this reference as the agency's official rule. A copy is available for examination during regular office hours, 8 a.m. to 5 p.m., except holidays, Saturdays, and Sundays, at the Central Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. (b) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 19, 1991. TRD-9110192 Lionel R. Meno Commissioner of Education Earliest possible date of adoption: September 27, 1991 For further information, please call: (512) 463-9701 TITLE 34. PUBLIC FINANCE Part V. Texas County and District Retirement System Chapter 103. Calculations or Types of Benefits 34 TAC sec.103.1 The Texas County and District Retirement System proposes an amendment to sec.103.1, concerning actuarial tables. The amendment would adjust the tables upon which disability retirement benefits are calculated to more closely reflect the anticipated future mortality experience of future disability retirees. J. Robert Brown, director of the system, 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. Brown 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 improved correlation of benefits paid to the anticipated experience of the system. 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 J. Robert Brown, Director, Texas County and District Retirement System, 400 West 14th Street, Austin, Texas 78701. The amendment is proposed under the Texas Government Code, sec.845.102, which provides the board of trustees of the Texas County and District Retirement System with the authority to adopt rules necessary or desirable for effective administration of the system. sec.103.1. Actuarial Tables. (a) (No change.) (b) Disability retirement benefits on disability retirements, on which the first benefit is payable on or after January 1, 1992
                                            [October 1, 1985], shall be calculated [on the basis of 70% of the 1965 Railroad Retirement Board disabled annuitants mortality table,] with a 30% reserve refund assumption for the standard benefit, and on the basis of the UP-1984 table with an age setback of five years for disabled annuitants and an age setback of
                                              10 years for beneficiaries of disabled annuitants. (c) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 20, 1991. TRD-9110145 J. Robert Brown Director Texas County and District Retirement System Earliest possible date of adoption: September 27, 1991 For further information, please call: (512) 476-6651 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 10. Family Self-support Services Child Care Management Services Statewide Implementation 40 TAC sec.10.3412 The Texas Department of Human Services (DHS) proposes an amendment to sec.10. 3412, concerning availability of purchased child care services, in its Family Self-support Services chapter. The purpose of the amendment is to clarify the policy concerning purchased child care services and to avoid duplication with policy stated in related sections. Burton F. Raiford, interim commissioner, 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. Raiford also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be clear policies for child care services. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section. Questions about the content of this proposal may be directed to Charlotte Brantley at (512) 450-4179 in DHS's Child Care Services Section. Comments on the proposal may be submitted to Nancy Murphy, Policy and Document Support-147, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register . The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 and 44, which authorizes the department to administer public assistance and day care programs. sec.10.3412. Availability of Purchased Child Care Services. (a)-(c) (No change.) [(d) Twenty percent of Title XX social services block grant (SSBG) and general revenue (GR) funds is reserved to purchase child care for new income eligible families on a first-come, first-served basis. The CCMS contractor uses the remaining Title XX SSBG and GR funds to purchase child care according to the following eligibility categories listed in order of priority: [(1) child protective services; [(2) JOBS (Title IV-A); [(3) transitional child care (Title IV-A); [(4) AFDC recipient; [(5) SSI; [(6) refugee cash assistance recipient; [(7) food stamp employment and training; [(8) food stamp recipient; [(9) income eligible; and [(10) refugee income eligible. [(e) Child protective services (CPS) eligibility criteria are stated in sec.10.3416 of this title (relating to Child Care for Abused and Neglected Children). CPS children must be referred by a Texas Department of Human Services (DHS) CPS caseworker or a CPS in-home case management contractor. [(f) Parents in the other eligibility status categories must need child care in order to participate in work, education, training, or job seeking as stated in sec.sec.10.3417, 10.3418, 10.3419, 10.3420, 10.3422 and 10.3423 of this title (relating to Employment, Education and Training Related Child Care; Transitional Child Care During Employment Interruption; Child Care While Awaiting Job Opportunities and Basic Skills (JOBS) Activities; Child Care During On-the-Job Training (OJT); Sanctions; and Time Limits for Education or Training Related Child Care). [(g) Clients in priority groups identified in subsection (d)(2), (3), and (7) of this section receive Title XX SSBG funds only after JOBS, transitional child care, and food stamp employment and training funds are depleted. [(h) DHS purchases child care for children who are under age 13. Child care may be purchased for older children who are mentally or physically incapable of caring for themselves. [(i) Once enrolled, children receive child care services as long as the parent remains eligible. Procedures for termination of enrollment when eligibility ceases are specified in sec.10.3426 and sec.10.3429 of this title (relating to Enrollment in Child Care and Termination of Enrollment Due to Excessive Absences).] 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 20, 1991. TRD-9110158 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: November 1, 1991 For further information, please call: (512) 450-3765 Withdrawn Sections An agency may withdraw proposed action or the remaining effectiveness of emergency action on a section by filing a notice of withdrawal with the Texas Register. The notice is effective immediately upon filling or 20 days after filing. If a proposal is not adopted or withdrawn six months after the date of publication in the Texas Register, it will automatically be withdrawn by the office of the Texas Register and a notice of the withdrawal will appear in the Texas Register . TITLE 22. EXAMINING BOARDS Part V. Texas State Board of Dental Examiners Chapter 107. Dental Board Procedures Procedures Governing Grievances, Hearings, and Appeals 22 TAC sec.107.63 The Texas State Board of Dental Examiners has withdrawn from consideration for permanent adoption a proposed amendment to sec.107.63, which appeared in the February 19, 1991, issue of the Texas Register (16 TexReg 1080). The effective date of this withdrawal is August 16, 1991. Issued in Austin, Texas, on August 16, 1991. TRD-9109868 Carol McGarah Administrative Technician III Texas State Board of Dental Examiners Effective date: August 16, 1991 For further information, please call: (512) 477-2985 TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 110. General Provisions-Required Notices of Coverage Subchapter A. Carrier Notices 28 TAC sec.sec.110.1-110.3 The Texas Workers' Compensation Commission has withdrawn from consideration for permanent adoption proposed new sec.sec.110.1-110.3, which appeared in the March 15, 1991, issue of the Texas Register (16 TexReg 1544). The effective date of this withdrawal is August 21, 1991. Issued in Austin, Texas, on August 21, 1991. TRD-9110197 Patricia J. Schnautz Staff Services Assistant Texas Workers' Compensation Commission Effective date: August 21, 1991 For further information, please call: (512) 440-3972 Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter N. County Sales and Use Tax 34 TAC sec.3.253 The Comptroller of Public Accounts adopts new sec.3.253, concerning county use tax, without changes to the proposed text as published in the July 2, 1991, issue of the Texas Register (16 TexReg 3681). The new section provides guidance on the collection and allocation of county use tax to retailers located outside counties with county sales and use tax who do business in counties imposing county sales and use tax. No comments were received regarding adoption of the new section. The new section 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 20, 1991. TRD-9110130 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: September 10, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 463-4028 Subchapter O. State Sales and Use Tax 34 TAC sec.3.286 The Comptroller of Public Accounts adopts an amendment to sec.3.286, concerning seller's and purchaser's responsibilities, without changes to the proposed text as published in the July 2, 1991, issue of the Texas Register (16 TexReg 3683). The amendment provides information to retailers regarding the time period for obtaining resale and exemption certificates. The amendment also adds information regarding tax collected under the bracket formula in the Tax Code, sec.151.053. 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 20, 1991. TRD-9110134 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: September 10, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 463-4028 34 TAC sec.3.287 The Comptroller of Public Accounts adopts an amendment to sec.3.287, concerning exemption certificates, without changes to the proposed text as published in the July 16, 1991, issue of the Texas Register (16 TexReg 3933). The amendment provides information to retailers regarding the time period for obtaining exemption certificates prior to an audit. The amendment also provides information to persons purchasing tangible personal property for the Federal Deposit Insurance Corporation and the Resolution Trust Corporation. 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 20, 1991. TRD-9110135 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: September 10, 1991 Proposal publication date: July 16, 1991 For further information, please call: (512) 463-4028 34 TAC sec.3.322 The Comptroller of Public Accounts adopts an amendment to sec.3.322, concerning exempt organizations, without changes to the proposed text as published in the June 28, 1991, issue of the Texas Register (16 TexReg 3575). The amendment adds a new subsection (b) which provides information about entities that must prove they qualify for exempt status. The amendment also includes a reference to 34 TAC sec.3.299, which exempts books and magazines published and distributed by certain nonprofit organizations, and 34 TAC sec.3. 298, which exempts amusement services provided by nonprofit organizations. A new paragraph is also being added to subsection (c) covering nonprofit corporations established by the Texas National Research Laboratory. The exemption for these corporations was provided by the last legislative session and has an effective date of September 1, 1991. 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 20, 1991. TRD-9110133 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: September 10, 1991 Proposal publication date: June 28, 1991 For further information, please call: (512) 463-4028 Subchapter P. Local Sales and Use Tax 34 TAC sec.3.375 The Comptroller of Public Accounts adopts an amendment to sec.3.375, concerning administration of use tax; collection by retailer, without changes to the proposed text as published in the July 2, 1991, issue of the Texas Register (16 TexReg 3684). The amendment adds new definitions of engaged in business, deletes references to the "bracket formula," and makes other minor changes for clarity. 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 20, 1991. TRD-9110132 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: September 10, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 463-4028 Subchapter R. Metropolitan Transit Authority Sales and Use Tax 34 TAC sec.3.425 The Comptroller of Public Accounts adopts an amendment to sec.3.425, concerning administration of use tax, imposition and collection, without changes to the proposed text as published in the July 2, 1991, issue of the Texas Register (16 TexReg 3686). The amendment adds new definitions of engaged in business and makes other minor changes for clarity. 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 20, 1991. TRD-9110131 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: September 10, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 463-4028 Open Meetings Agencies with statewide jurisdiction must give at least seven days notice before an impending meeting. Institutions of higher education or political subdivisions covering all or part of four or more counties (regional agencies) must post notice at least 72 hours prior to a scheduled meeting time. Some notices may be received too late to be published before the meeting is held, but all notices are published in the Texas Register. Emergency meetings and agendas. Any of the governmental entities named above must have notice of an emergency meeting, an emergency revision to an agenda, and the reason for such emergency posted for at least two hours before the meeting is convened. Emergency meeting notices filed by all governmental agencies will be published. Posting of open meeting notices. All notices are posted on the bulletin board outside the Office of the Secretary of State on the first floor of the East Wing in the State Capitol, Austin. These notices may contain more detailed agenda than what is published in the Texas Register. Texas State Board of Public Accountancy Thursday, August 29, 1991, 9 a.m. The Texas State Board of Public Accountancy will meet at 1033 La Posada, Suite 340, Austin. According to the agenda summary, the board will approve July 17, 1991, board meeting minutes; hear committee reports (executive, technical standards review, behavioral enforcement, examination, quality review, licensee education, sponsor compliance) ; review and discuss licensing; final action on substantive rules; report of the Constructive Enforcement Committee; status report on Section 8 violations; ratification of board orders; consent orders and proposals for decision; review of certain board communications; review of future meeting/hearing schedules. Contact: William Treacy, 1033 La Posada, Suite 340, Austin, Texas 78752, (512) 451-0241. Filed: August 21, 1991, 5 p.m. TRD-9110228 Texas Commission on the Arts Thursday, August 29, 1991, 11 a.m. The Executive Committee of the Texas Commission on the Arts will meet at the E. O. Thompson Building, 920 Colorado Street, Room 501, Austin. According to the complete agenda, the committee will call the meeting to order; hold a public hearing; discuss FY 1992 grant awards; discuss other business; and adjourn. Contact: Connie Ree Green, P.O. Box 13406, Austin, Texas 78711, (512) 463-5535. Filed: August 21, 1991, 11:02 a.m. TRD-9110212 Bond Review Board Thursday, August 22, 1991, 10 a.m. The Bond Review Board met at the State Capitol, Sergeant's Committee Room, Austin. According to the emergency revised agenda summary, the board considered request for proposal for financial advisor for the public school facilities funding program. The emergency status was necessary to allow timely consideration for pending proposal for public school facilities funding program. Contact: Tom K. Pollard, 506 Sam Houston Building, 201 East 14th Street, Austin, Texas 78701, (512) 463-1741. Filed: August 20, 1991, 4:53 p.m. TRD-9110173 Texas Catastrophe Property Insurance Association Thursday, September 5, 1991, 8:30 a.m. The Board of Directors of the Texas Catastrophe Property Insurance Association will meet at the Barton Creek Conference Resort, 8212 Barton Club Drive, Austin. According to the complete agenda, the board will call the meeting to order; approval of the minutes of the June 26, 1991 board meeting; approval of the minutes of the July 26, 1991, special board meeting; report of the chairman; secretary-treasurer; manager; underwriting director; Insurance Information Institute; participation committee; discuss old business; legal counsel; new business; TIAA management contract; reinsurance proposals; any other business that may come before the board; location of the next board meeting; and adjournment. Contact: Frank R. Rogers, 2801 South Interregional, Austin, Texas 78741, (512) 444-9611. Filed: August 21, 1991, 10:44 a.m. TRD-9110211 Texas Department of Commerce Wednesday, August 21, 1991, 10 a.m. The Texas Literacy Council of the Texas Department of Commerce met at the First City Centre, 11th Floor Board Room, 816 Congress Avenue, Austin. According to the emergency revised agenda summary, the council held a foundation committee meeting; general session, full council; and heard report and recommendations from Program Development Committee for reallocation of funds. The emergency status was necessary as a result of the Partnerships Grants awards made on August 15, 1991, all of the funds were not awarded. The remaining Job Training Partnership Act funds were to be reallocated for use during the current 1991 program year. Contact: Martha Alworth, P.O. Box 12728, Austin, Texas 78711, (512) 320-9498. Filed: August 20, 1991, 2:43 p.m. TRD-9110143 Texas Education Agency Thursday, August 29, 1991, 9 a.m. The Texas Successful Schools Award System Advisory Committee of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 5-103, Austin. According to the complete agenda, the committee will charge to committee; work plan finalized; history of governor's award and academic excellence indicator system (AEIS) advisory committee; review of current AEIS; methods for setting standards outlined; and committee adopts standards setting procedures. Contact: Leigh Sharpe, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9524. Filed: August 21, 1991, 9:48 a.m. TRD-9110195 Friday, September 6, 1991, 9:30 a.m. The Teachers' Professional Practices Commission of Texas of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-110, Austin. According to the agenda summary, the commission will call the meeting to order; adoption of minutes of June 10, 1991 meeting; appeal of jurisdiction in the following cases: Nieburger versus Lemons, en banc; Bratcher versus Turk, en banc; Calzoncit versus Katz, et al, en banc; Green versus Hunter, en banc; discussion of procedure to be followed in Ammons and Garza complaints versus McHale; discussion of procedure to be followed in Bowie versus Savannah and Savannah versus Bowie Complaints; appointment of hearing panels; director's report; setting of next meeting date; and adjourn. Contact: Edward M. Vodicka, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9337. Filed: August 21, 1991, 9:48 a.m. TRD-9110193 Friday-Saturday, September 20-21, 1991, 8:30 a.m. The State Parent Advisory Council For Migrant Education of the Texas Education Agency will meet at the Fairway Resort Hotel, 2105 South 10th Street, McAllen. According to the agenda summary, the council will elect officers; approve minutes; discussion of year-round pilot program schools; discussion of Cumming's letter regarding redirection of Migrant Education Program; review of State Plan for migrant Education; national project report on credit accrual and exchange; discussion of policies regarding early withdrawal/late entry and transfer grades; update on state compensatory funding; parent concerns and comments from audience; and recommendations for next meeting. Contact: Frank Contreras, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9067. Filed: August 21, 1991, 9:48 a.m. TRD-9110194 Employees Retirement System of Texas Thursday, August 29, 1991, 8:30 a.m. The Board of Trustees of the Employees Retirement System of Texas will meet at the ERS Auditorium, ERS Building, 18th and Brazos Streets, Austin. According to the agenda summary, the board will review and discuss approval of minutes; hear appeals of contested cases; transfer approval from interest account to employee saving/retirement annuity reserve/state accumulation accounts; interest rate establishment/interest transfer approval from interest account to benefit increase reserve account; proposed/emergency adoption of trustee rule amendments concerning calculation tables of option/reserve factors; FY 1992 internal audit plan; reconsideration of FY 1992 retiree dependent term life insurance rate; proposal for continuing FY 1992 insurance actuarial services; implementation status of uniform group insurance program strategic plan; group insurance advisory committee report; certification of election results/appointments to group insurance advisory committee; asset allocation for investment of system assets; proposals for investment counseling services; plan modification matters concerning retirement system; FY-1992 proposed operating budget; hear executive director's report; board of trustee chairman/vice- chairman election; next trustee meeting date; and adjournment. Contact: William S. Nail, 18th and Brazos Streets, Austin, Texas 78701, (512) 867-3336. Filed: August 21, 1991, 9:39 a.m. TRD-9110191 Texas Employment Commission Wednesday, August 28, 1991, 8:30 a.m. The Texas Employment Commission will meet at the TEC Building, 101 East 15th Street, 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; bid for electrical modifications at agency-owned building on Martin Luther King Boulevard 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; bid for HVAC modifications at Texarkana agency-owned building; recommendation to increase engineer's fee for services in connection with electrical modifications at agency-owned building on Martin Luther King Boulevard in Austin; internal procedures of commission appeals; consideration and action on tax liability cases and higher level appeals in unemployment compensation cases listed on Commission Docket 35; and set date of next meeting. Contact: C. Ed Davis, 101 East 15th Street, Austin, Texas 78778, (512) 463-2291. Filed: August 20, 1991, 1:18 p.m. TRD-9110129 Texas Department of Health Friday, August 23, 1991, 5 p.m. The Executive Committee of the Texas Board of Health of the Texas Department of Health held an emergency meeting at the Texas Department of Health, 1100 West 49th Street, Room M-741, Austin. According to the complete agenda, the committee considered and possibly acted on clarification of the strategic planning ad hoc committee. The emergency status was necessary due to unforeseeable circumstances. Contact: Kris Lloyd, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7484. Filed: August 21, 1991, 10:33 a.m. TRD-9110204 Saturday, August 24, 1991, 8 a.m. The Executive Committee of the Texas Department of Health met at the Texas Department of Health, 1100 West 49th Street, Room M-741, Austin. According to the complete emergency revised agenda, the committee considered and possibly acted on items of procedure for the August 24, 1991 meeting of the Board of Health; and long term care legislation. The emergency status was due to unforeseeable circumstances. Contact: Kris Lloyd, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7484. Filed: August 21, 1991, 10:34 a.m. TRD-9110205 State Department of Highways and Public Transportation Wednesday, August 28, 1991, 9:30 a.m. The State Highways and Public Transportation Commission of the State Department of Highways and Public Transportation will meet at the Dewitt C. Greer Building, 125 East 11th Street, First Floor, Room 101, Austin. According to the agenda summary, the commission will approve minutes; execute contract awards, rejections and defaults and/or assignments; routine minute orders; authorize contract claim funds; eminent domain proceedings; bridge, rehabilitation, construction, right of way, environmental mitigation funds; project overrun; right of way lease agreement; memorandums of understanding; consider landscape cost sharing program; public transportation programs; prior public hearing matters; pay raise for hourly maintenance and marine employees; relocation site of the El Paso District Office; receive/discuss staff reports, including Austin District and proposed exchange of property for the Laredo resident engineer's office; rulemaking: 43 TAC sec.sec.9. 20-9.22, 17.69, 21.149 and 21.150; meet in executive session to discuss legal counsel on litigation; real property transactions; and staff conference to receive information. Contact: Robert E. Shaddock, Dewitt C. Greer Building, Room 203, Austin, Texas 78701, (512) 463-8576. Filed: August 20, 1991, 2:30 p.m. TRD-9110141 State Board of Insurance Thursday, August 29, 1991, 8:30 a.m. The State Board of Insurance will meet at 333 Guadalupe Street, William P. Hobby Building, Room 100, Austin. According to the agenda summary, the board will be briefed on: proposed amendment to Texas Experience Rating Plan Manual; Texas Automobile Insurance Service Office; proposed new 28 TAC 7.615; amendment to Workers' Compensation and Employers Liability Manual; and regulation of miscellaneous liability, prompt payment of claims, and after market parts, pursuant to House Bill 2. Contact: Angelia Johnson, 333 Guadalupe Street, Austin, Texas 78701, (512) 463-6328. Filed: August 21, 1991, 3:47 p.m. TRD-9110224 Thursday, August 29, 1991, 1:30 p.m. The State Board of Insurance will meet at 333 Guadalupe Street, William P. Hobby Building, Room 100, Austin. According to the agenda summary, the board will consider a request from Zurich Insurance Company and Highlands Insurance Company for cessation of accepting small premium policies; consider adjustment of proportionate share of designated insurers of the Small Premium Policy Plan; consider Workers' Compensation Deductible Plan; consider final action on retrospective rating plan manual; consider amending Texas Experience Rating Plan Manual; consider final action on installation of burglar alarm systems rules; consider adoption of Texas mandatory endorsement on property policies; consider Texas Special Insurance expense exhibit call; consider amending 28 TAC sec.15.24; consider amending Workers' Compensation and Employers Liability Manual; consider proposed new 28 TAC sec.7.615; and consider emergency amendment to Texas Automobile Manual and standard provisions for auto policies. Contact: Angelia Johnson, 333 Guadalupe Street, Austin, Texas 78701, (512) 463-6328. Filed: August 21, 1991, 3:50 p.m. TRD-9110225 Texas Juvenile Probation Commission Thursday, August 22, 1991, 9 a.m. The Board of the Texas Juvenile Probation Commission held an emergency meeting at 2015 South IH-35, Austin. According to the complete agenda, the board may have approved the minutes of July 26, 1991; discussed excused absences; administration budget; state aid allocations; challenge grant funding; border children justice projects; intensive supervision funding; community corrections diversionary placements; memorandum of understanding on service contracts for dysfunctional families; memorandum of understanding on service delivery to runaways; and heard public comments. The emergency status was necessary as immediate action was required to make funds available to the state's juvenile boards at the beginning of the new fiscal year, and to comply with legal requirements for policy review. Contact: Bernard Licarione, P.O. Box 13547, Austin, Texas 78711, (512) 443-2001. Filed: August 20, 1991, 1:46 p.m. TRD-9110136 Texas Board of Professional Land Surveying Friday-Saturday, August 23-24, 1991, 9 a.m. The Texas Board of Professional Land Surveying met at 7701 North Lamar Boulevard, Suite 400, Austin. According to the complete agenda, the board may have approved the minutes of the previous meeting; discussed correspondence; selected the October 1991 examination; heard committee reports; conducted interviews; and considered new business. The emergency status was necessary as the formal hearing scheduled for August 23, 1991, on Complaint 91-6 was postponed. Contact: Sandy Smith, 7701 North Lamar Boulevard, Suite 400, Austin, Texas 78752, (512) 452-9427. Filed: August 21, 1991, 10:34 a.m. TRD-9110207 Texas Department of Licensing and Regulation Thursday, August 29, 1991, 9 a.m. The Business and Occupational Programs, Career Counseling of the Texas Department of Licensing and Regulation will meet at the E. O. Thompson Building, 920 Colorado Street, Room 1012, Austin. According to the complete agenda, the department will hold an administrative hearing to consider the possible assessment of an administrative penalty and denial, suspension or revocation of the Respondent's license for Cullen/Stuart, Inc. for violation of Statutes, Articles 5221a-8 and 9100. Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78701, (512) 475-2899. Filed: August 21, 1991, 9 a.m. TRD-9110180 Texas State Board of Medical Examiners Friday, August 23, 1991, 8 a.m. The Standing Orders Committee of the Texas State Board of Medical Examiners met at 1101 Camino La Costa, Suite 201, Austin. According to the emergency revised agenda summary, the committee considered an additional request for approval to supervise more than three clinics in an underserved area. The emergency status was necessary as information had come to the attention of the agency and merited prompt consideration. Contact: Pat Wood, P.O. Box 13562, Austin, Texas 78711, (512) 452-1078. Filed: August 21, 1991, 3:27 p.m. TRD-9110220 Thursday-Saturday, August 22-24, 1991, 4 p.m., 9 a.m., and 8 a.m. respectively. The Texas State Board of Medical Examiners met at 1101 Camino La Costa, Suite 201, Austin. According to the agenda summary, the board considered additional agreed orders; appointments to the Optometry Advisory Committee; and several motions; met in executive session under authority of Article 6252-17, as related to Article 4495b, 2.07, 3.05(d), 4.05(d), 5.06(s)(1) and Opinion of Attorney General 1974, Number H-484. (Please note correction in beginning time for Friday meeting). The emergency status was necessary as information had come to the attention of the agency and merited prompt consideration. Contact: Pat Wood, P.O. Box 13562, Austin, Texas 78711, (512) 452-1078. Filed: August 21, 1991, 3:28 p.m. TRD-9110221 Texas Parks and Wildlife Department Wednesday, August 28, 1991, 8:30 a.m. The Texas Parks and Wildlife Commission of the Texas Parks and Wildlife Department will meet at the Parks and Wildlife Headquarters, Complex Building C, 4200 Smith School Road, Austin. According to the agenda summary, the commission will meet in executive session to discuss pending and proposed litigation; Edward's Aquifer litigation recommendation; and hear settlement report. Contact: Andrew Sansom, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4802. Filed: August 20, 1991, 3:56 p.m. TRD-9110165 Wednesday, August 28, 1991, 8:30 a.m. The Texas Parks and Wildlife Commission of the Texas Parks and Wildlife Department will meet at the Parks and Wildlife Headquarters, Complex Building C, 4200 Smith School Road, Austin. According to the agenda summary, the commission will discuss ethics policy. Contact: Andrew Sansom, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4802. Filed: August 20, 1991, 3:56 p.m. TRD-9110159 Wednesday, August 28, 1991, 9:30 a.m. The Texas Parks and Wildlife Commission of the Texas Parks and Wildlife Department will meet at the Parks and Wildlife Headquarters, Complex Building A, 4200 Smith School Road, Austin. According to the agenda summary, the commission will discuss committee role and responsibility; update on strategic acquisition plan; briefing on construction program study; briefing on capital construction planning; Mad Island Wildlife Management Area addition-Matagorda County; and land acquisition in Harris County. Contact: Andrew Sansom, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4802. Filed: August 20, 1991, 3:56 p.m. TRD-9110161 Wednesday, August 28, 1991, 10 a.m. The Texas Parks and Wildlife Commission of the Texas Parks and Wildlife Department will meet at the Parks and Wildlife Headquarters, Complex Building C, 4200 Smith School Road, Austin. According to the agenda summary, the commission will review and discuss establishment of the committee and regulations committee mission statement; proposed alligator regulations; sale of nongame fish; late season migratory bird season; emergency regulations for commercially protected finfish; and future meeting schedule and proposed agenda items. Contact: Andrew Sansom, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4802. Filed: August 20, 1991, 3:56 p.m. TRD-9110164 Wednesday, August 28, 1991, 11 a.m. The Texas Parks and Wildlife Commission of the Texas Parks and Wildlife Department will meet at the Parks and Wildlife Headquarters, Complex Building C, 4200 Smith School Road, Austin. According to the agenda summary, the commission will discuss committee role and responsibility; and future meeting schedule and proposed agenda items. Contact: Andrew Sansom, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4802. Filed: August 20, 1991, 3:56 p.m. TRD-9110162 Wednesday, August 28, 1991, 11 a.m. The Texas Parks and Wildlife Commission of the Texas Parks and Wildlife Department will meet at the Parks and Wildlife Headquarters, Complex Building A, 4200 Smith School Road, Austin. According to the agenda summary, the commission will discuss committee role and responsibility; update on financial status of agency; briefing on FY 1992-1993 appropriations bill; and briefing on proposed process for FY 1992 operating budget. Contact: Andrew Sansom, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4802. Filed: August 20, 1991, 3:56 p.m. TRD-9110160 Wednesday, August 28, 1991, noon. The Texas Parks and Wildlife Commission of the Texas Parks and Wildlife Department will meet at the Parks and Wildlife Headquarters, Complex Building B, 4200 Smith School Road, Austin. According to the agenda summary, the commission will meet in executive session to discuss personnel matters. Contact: Andrew Sansom, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4802. Filed: August 20, 1991, 3:56 p.m. TRD-9110163 Wednesday, August 28, 1991, 2 p.m. The Texas Parks and Wildlife Commission of the Texas Parks and Wildlife Department will meet at the Parks and Wildlife Headquarters, Complex Building B, 4200 Smith School Road, Austin. According to the complete agenda, the commission will hold annual public hearing concerning any issue relating to Parks and Wildlife matters. Contact: Andrew Sansom, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4802. Filed: August 20, 1991, 3:57 p.m. TRD-9110166 Wednesday, August 28, 1991, 6 p.m. The Texas Parks and Wildlife Commission of the Texas Parks and Wildlife Department will meet at the Ruth's Chris Steakhouse, 3010 Guadalupe Street, Austin. According to the agenda summary, the members of the commission plan to have dinner. Although this function is primarily a social event and no formal action is planned, the commission may discuss items on the public hearing agenda scheduled for 9 a.m., August 29, 1991. Contact: Andrew Sansom, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4802. Filed: August 20, 1991, 3:57 p.m. TRD-9110167 Thursday, August 29, 1991, 9 a.m. The Texas Parks and Wildlife Commission of the Texas Parks and Wildlife Department will meet at the Parks and Wildlife Headquarters, Complex Building B, 4200 Smith School Road, Austin. According to the agenda summary, the commission will discuss approval of minutes; hear presentation of retirement certificates and service awards; presentation by Phillips Petroleum Company; presentation to the San Antonio Boating Trades Association; late season migratory game bird proclamation 1991-1992; proposed alligator regulations; emergency regulations for commercially protected finfish; sale of nongame fish; boat ramp funding; fiscal year 1992 operating budget-continuing resolution; designation of authority to administer oaths; easement amendment-Mustang Island SP-Nueces County; easement for drill site-Tyler SP-Smith County; revision-legal designation of coastal preserves; naming on Amphitheater at Washington-on-the-Brazos SHP; land acquisition-Harris County; Edwards Aquifer litigation; and discuss proposed and pending litigation. Contact: Andrew Sansom, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4802. Filed: August 20, 1991, 3:57 p.m. TRD-9110168 Public Utility Commission of Texas Wednesday, August 28, 1991, 9 a.m. The Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the agenda summary, the commission will consider the following dockets: 10287, 10293, 10060, 10381, 10122, 10123, 9954, 9305, 9960, 10095, 10121, P10319, 9989, 8640, 10087, 9777, 9870, P9708, P9942, and P10469. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 20, 1991, 3:14 p.m. TRD-9110149 Wednesday, August 28, 1991, 9:05 a.m. The Administrative Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the agenda summary, the division will discuss reports, discussion and action on budget and fiscal matters; monthly financial statements; state auditor's financial audit report; revisions to the contract with Sprint Services for provisions of Relay Texas; adjournment for executive session to consider litigation matters; discussion and decision regarding pending or threatened litigation; personnel matters; reconvene for discussion and decisions on matters considered in executive session; set time and place for next meeting; and adjourn. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 20, 1991, 3:14 p.m. TRD-9110148 Wednesday, September 11, 1991, 1:30 p.m. (rescheduled from September 4, 1991, at 10 a.m.). The Hearings Division of the Public Utility Commission 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 10549-application of San Bernard Electric Cooperative, Inc. to amend certain tariffs. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 21, 1991, 3:27 p.m. TRD-9110219 Contact: Monday, September 30, 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 an interim hearing in Consolidated Docket Numbers 9667 and 10138: Docket Number 9667-application of GTE Southwest, Inc. to modify 911 service tariff and to add new service offerings; and Docket Number 10138-application of GTE Southwest, Inc. to provide an additional E911 console for the City of San Angelo's emergency system. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 20, 1991, 3:13 p.m. TRD-9110146 Wednesday, October 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 hearing on the merits in Consolidated Docket Numbers 9667 and 10138: Docket Number 9667-application of GTE Southwest, Inc. to modify 911 service tariff and to add new service offerings; and Docket Number 10138-application of GTE Southwest, Inc. to provide an additional E911 console for the City of San Angelo's emergency system. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 20, 1991, 3:14 p.m. TRD-9110147 Tuesday, November 12, 1991, 10 a.m. The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a hearing on the merits 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 20, 1991, 3:15 p.m. TRD-9110150 Texas Silver Haired Legislature Wednesday-Friday, September 18-20, 1991, 9:30 a.m. The Texas Silver Haired Legislature will meet at the Mo-Ranch, Hunt. According to the agenda summary, the legislature will call the meeting to order; hear keynote speaker; reading of minutes; discussion of funding proposals; by-laws and policy and procedures amendments: discussion, vote; resolutions; discussion, training, writing passage; prioritization of resolutions; procedure for legislative and administrative committees; committee meetings; report from committees; recommendations from Legislation Action Committee on issues for 1992-1993; planning 1992 sessions; elections 1992; discuss other business; and adjourn. Contact: Allen Grobe, 109 Mustang, Palestine, Texas 75801, (903) 729-6621. Filed: August 21, 1991, 10:42 a.m. TRD-9110210 Stephen F. Austin State University Thursday, August 29, 1991, 7:30 p.m. The Board of Regents of the Stephen F. Austin State University will meet at the Stephen F. Austin State University Campus, Austin Building, Room 307, Nacogdoches. According to the complete agenda, the board will review and discuss purchase of equipment for telephone registration system; approval of holiday schedule for 1991-1992; approval of budget for September 1-October 31, 1991; selection of insurance agent of record for property and automobile coverage; and approval of agreement with health insurance preferred provider. Contact: Dr. Donald E. Bowen, P.O. Box 6078 SFA, Nacogdoches, Texas 75962, (409) 568-2201. Filed: August 21, 1991, 12:54 p.m. TRD-9110213 Texas Southern University Thursday, August 29, 1991, 1 p.m. The Finance Committee of Texas Southern University will meet at Texas Southern University, 3100 Cleburne Avenue, Hannah Hall, Room 117, Houston. According to the complete agenda, the committee will consider the 1991-1992 annual budget; investments; and informational items. Contact: Everett O. Bell, 3100 Cleburne Avenue, Houston, Texas 77004, (713) 529-8911. Filed: August 22, 1991, 8:58 a.m. TRD-9110229 Thursday, August 29, 1991, 4 p.m. The Board of Regents of Texas Southern University will meet at Texas Southern University, 3100 Cleburne Avenue, Hannah Hall, Room 117, Houston. According to the complete agenda, the board will consider the 1991-1992 annual budget. Contact: Everett O. Bell, 3100 Cleburne Avenue, Houston, Texas 77004, (713) 529-8911. Filed: August 22, 1991, 8:52 a.m. TRD-9110239 Texas Woman's University Thursday, August 29, 1991, 4 p.m. The Board of Regents, Finance Committee of Texas Woman's University will meet at the 15th Floor Conference Room, Administration and Conference Tower, TWU, Denton. According to the complete agenda, the board will consider the approval of Fiscal 1992 Texas Woman's University budget. Contact: Shirley S. Chater, P.O. Box 23925, Denton, Texas 76204, (817) 898-3201. Filed: August 21, 1991, 10:34 a.m. TRD-9110206 Texas Treasury Safekeeping Trust Company Thursday, August 29, 1991, 2:30 p.m. The Texpool Advisory Board of the Texas Treasury Safekeeping Trust Company will meet at the LBJ Building, State Treasurer's Office, 111 East 17th Street, Austin. According to the complete agenda, the board will call the meeting to order; approve minutes of July 23, 1991, board meetings; discuss modification of basic service fee schedule; discuss other business; and adjourn. Contact: Oscar Ramirez, 2028 East Ben White Boulevard, Austin, Texas 78741, (512) 440-4740. Filed: August 20, 1991, 2:48 p.m. TRD-9110144 University of North Texas/Texas College of Osteopathic Medicine Thursday, August 22, 1991, 4 p.m. The Budget and Finance Committee of the Board of Regents of the University of North Texas/Texas College of Osteopathic Medicine met at 213 Administration Building, University of North Texas, Denton. According to the emergency revised agenda summary, the committee discussed incidental cost fee to support studio space. The emergency status was due to a fee not previously approved by the Board of Regents, which must be charged at the beginning of the fall semester on August 26, 1991, had just come to our attention. Contact: Jan Dobbs, P.O. Box 13737, Denton, Texas 76203, (817) 565-2904. Filed: August 20, 1991, 11:06 a.m. TRD-9110126 Friday, August 23, 1991, 8 a.m. The Board of Regents of the University of North Texas/Texas College of Osteopathic Medicine met at the University of North Texas, Diamond Eagle Suite, University Union, Denton. According to the agenda summary, the board discussed incidental cost fee to support studio space. The emergency status was due to a fee not previously approved by the Board of Regents, which must be charged at the beginning of the fall semester on August 26, 1991, had just come to our attention. Contact: Jan Dobbs, P.O. Box 13737, Denton, Texas 76203, (817) 565-2904. Filed: August 20, 1991, 11:06 a.m. TRD-9110127 Texas Water Commission Friday, August 30, 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 20, 1991, 4:34 p.m. TRD-9110172 Friday, September 13, 1991, 1 p.m. The Texas Water Commission will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 6-101, Austin. According to the agenda summary, the commission will hold a hearing on water utility rates for Shady Hollow Estates Water Supply Corporation in Travis County, Docket Number 9165-G. Contact: Mary K. Sahs, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: August 20, 1991, 4:34 p.m. TRD-9110171 Regional Meetings Meetings Filed August 20, 1991 The Bastrop Central Appraisal District Appraisal Review Board met at the Bastrop Central Appraisal District, 1200 Cedar Street, Bastrop, August 23, 1991, at 6 p.m. Information may be obtained from Dana Ripley, P.O. Drawer 578, Bastrop, Texas 78602, (512) 321-3925. TRD-9110170. The Bexar Appraisal District Appraisal Review Board met at 535 South Main Street, San Antonio, August 23, 1991, at 9 a.m. Information may be obtained from Walter Stoneham, 535 South Main Street, San Antonio, Texas 78204, (512) 224-8511. TRD-9110138. The Bexar Appraisal District Appraisal Review Board will meet at 535 South Main Street, San Antonio, September 3-5, 9-13, 16-19, 23-27, and 30, 1991, at 8:30 a.m. Information may be obtained from Walter Stoneham, 535 South Main Street, San Antonio, Texas 78204, (512) 224-8511. TRD-9110139. The Brazos Valley Development Council Personnel Committee met at the Council Office, 3006 East 29th Street, Bryan, August 23, 1991, at 2:30 p.m. Information may be obtained from Mary Stevens, P.O. Drawer 4128, Bryan, Texas 77805-4128, (409) 776-2277. TRD-9110140. The Carson County Appraisal District Appraisal Review Board met at 102 Main Street, Panhandle, August 23, 1991, at 9 a.m. Information may be obtained from Dianne Lavake, P.O. Box 979, Panhandle, Texas 79068-0970, (806) 537-3569. TRD-9110128. The Central Texas Council of Governments Executive Committee met at 302 East Central Street, Belton, August 20, 1991, at 12:30 p.m. The emergency status was necessary as information was received on August 20, 1991, and had to be returned by September 16, 1991. The Central Texas Council of Governments Executive Committee would not meet in September and this was an addendum submitted to our agenda. Information may be obtained from A. C. Johnson, P.O. Box 729, Belton, Texas 76513, (817) 939-1801. TRD-9110123. The Central Texas Mental Health and Mental Retardation Center Board of Trustees met at 408 Mulberry Drive, Brownwood, August 26, 1991, at 5 p. m. Information may be obtained from Danny Armstrong, P.O. Box 250, Brownwood, Texas 76804, (915) 646-9574, ext. 102. TRD-9110142. The Ellis County Appraisal District Appraisal Review Board met at 406 Sycamore Street, Waxahachie, August 23, 1991, at 10 a.m. Information may be obtained from Dorothy Phillips, P.O. Box 878, Waxahachie, Texas 75165, (214) 937-3552. TRD-9110125. The Kendall Appraisal District Appraisal Review Board held an emergency meeting at 207 East San Antonio Street, Boerne, August 22, 1991, at 9 a.m. The emergency status was necessary as complete hearings were not completed at the August 16th meeting. Information may be obtained from Alton Pfeiffer, P.O. Box 788, Boerne, Texas 78006, (512) 249-8012. TRD-9110169. The San Patricio County Appraisal District Board of Directors will meet at 1146 East Market Street, Sinton, September 5, 1991, at 10 a.m. Information may be obtained from Kathryn Vermillion, P.O. Box 938, Sinton, Texas 78387, (512) 365-5402. TRD-9110137. The Wood County Appraisal District Appraisal Review Board met at 216 North Main Street, Conference Room, Wood County Appraisal District, Quitman, August 23, 1991, at 9 a.m. Information may be obtained from W. Carson Wages or Lou Brooke, P.O. Box 951, Quitman, Texas 75783, (903) 763-4891. TRD-9110124. Meetings Filed August 21, 1991 The Ark-Tex Council of Governments Executive Committee will meet at the Mt. Pleasant Country Club, Mt. Pleasant, August 29, 1991, at 5:30 p.m. Information may be obtained from Elizabeth Lea, P.O. Box 5307, Texarkana, Texas 75505, (903) 832-8636. TRD-9110179. The Capital Area Rural Transportation System (CARTS) Board of Directors will meet at 5111 East First Street, Austin, August 29, 1991, at 9 a.. m. Information may be obtained from Edna M. Burroughs, 5111 East First Street, Austin, Texas 78702, (512) 478-7433. TRD-9110198. The Central Counties Center for Mental Health and Mental Retardation Board of Trustees met at Frank's Lakeview Inn, Belton, August 24, 1991, at 9 a.m. (revised agenda). Information may be obtained from Michael K. Muegge, P.O. Box 518, Temple, Texas 75601, (817) 778-4841. TRD-9110201. The Hays County Appraisal District Appraisal Review Board will meet at 632 A East Hopkins Street, Municipal Building, San Marcos, August 27-28, 1991, at 9 a.m. Information may be obtained from Lynnell Sedlar, 632 A East Hopkins Street, San Marcos, Texas 78666, (512) 754-7400. TRD-9110209. The Gillespie Central Appraisal District Board of Directors will meet at the City Hall Assembly Room, Fredericksburg, August 27, 1991, at 9 a.m. Information may be obtained from Mary Lou Smith, P.O. Box 429, Fredericksburg, Texas 78624, (512) 997-9807. TRD-9110178. The Golden Crescent Regional Planning Commission Board of Directors will meet at the GCRPC Board Room, Regional Airport, Building 102, Victoria, August 28, 1991, at 5 p.m. Information may be obtained from Patrick J. Kennedy, P.O. Box 2028, Victoria, Texas 77902, (512) 578-1587. TRD-9110223. The Golden Crescent Regional Planning Commission Executive Committee will meet at the GCRPC Board Room, Regional Airport, Building 102, Victoria, August 28, 1991, at 6 p.m. (approximately). Information may be obtained from Patrick J. Kennedy, P.O. Box 2028, Victoria, Texas 77902, (512) 578-1587. TRD-9110222. The Nueces River Authority Board of Directors will meet at the Plaza San Antonio Hotel, 555 South Alamo Street, San Antonio, August 29, 1991, at 11 a.m. Information may be obtained from Con Mims, P.O. Box 349, Uvalde, Texas 78802, (512) 278-6810. TRD-9110216. The Panhandle Ground Water Conservation District Number Three Board of Directors will meet at the Water District Office, 300 South Omohundro Street, White Deer, August 28, 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-9110200. The Panhandle Ground Water Conservation District Number Three Board of Directors will meet at the Water District Office, 300 South Omohundro Street, White Deer, August 28, 1991, at 8:30 p.m. Information may be obtained from C. E. Williams, P.O. Box 637, White Deer, Texas 79097, (806) 883-2501. TRD-9110199. The Region One Education Service Center Board of Directors will meet at 1900 West Schunior, Edinburg, August 26, 1991, at 11:30 a.m. Information may be obtained from Lauro R. Guerra, 1900 West Schunior, Edinburg, Texas 78539, (512) 383-5611. TRD-9110215. Meetings Filed August 22, 1991 The San Jacinto River Authority Board of Directors will meet at the Lake Conroe Office Building, Conference Room, Conroe, August 29, 1991, at 12: 30 p.m. Information may be obtained from James R. Adams, P.O. Box 329, Conroe, Texas 77305, (409) 588-1111. TRD-9110237. ISSUE OFAugust 27, 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. Commission on Fire Protection Personnel Standards and Education Correction of Error The Commission on Fire Protection Personnel Standards and Education submitted proposed new sec.233.9, for publication in the August 6, 1991, issue, of the Texas Register (16 TexReg 4269) which contained an error as published. In the preamble to proposed new sec.233.9, second paragraph, fifth line should read: "If a local government entity chooses to employ individuals, as fire protection personnel, who have met the training and testing requirements of this section, there will be no fiscal implications for that entity." Texas Department of Health Correction of Error The Texas Department of Health submitted a miscellaneous document for publication in the August 6, 1991, issue of the Texas Register (16 TexReg 4297). The department inadvertently submitted Robert A. MacLean, M.D., as the certifying official instead of Bill Tension, who is the certifying official of the On-Site Wastewater Treatment Research Council. Notice of Intent to Revoke Certificates of Registration Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 TAC sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Alvin Dental Center, Alvin, R14872; Wingette H. Goodwin, D.D.S., San Augustine, R01002; Jerry L. Mathis, D.D.S., Dallas, R08714; Gary J. Kaiserman, D.P.M., Dallas, R11360; David Marrack, M.D., Stafford, R12324; Steven M. Smedstad, D.C., Rockwall, R13936; Conroe Immediate Care Medical Clinic, Conroe, R15161; Amray, Inc., Houston, R16038; Dick Bannon, Plano, R16061. The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order. This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with David K. Lacker, Chief, Bureau of Radiation Control, Attn: Director, Radiation Control Program, 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the department will revoke certificates of registration at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a.m. to 5 p.m. (except holidays). Issued in Austin, Texas, on August 21, 1991. TRD-9110174 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: August 21, 1991 For further information, please call: (512) 835-7000 Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 TAC sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed a complaint against Leon County Memorial Hospital, Buffalo, L03860. The department intends to revoke the radioactive material license; order the licensee to cease and desist use of such radioactive materials; order the licensee to divest himself of the radioactive material; and order the licensee to present evidence satisfactory to the bureau that he has complied with the orders and the provisions of the Health and Safety Code, Chapter 401. This notice affords the opportunity to the licensee for a hearing to show cause why the radioactive material license should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with David K. Lacker, Chief, Bureau of Radiation Control, Attn: Director, Radiation Control Program, 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed, the department will revoke radioactive material license at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a.m. to 5 p.m. (except holidays). Issued in Austin, Texas, on August 21, 1991. TRD-9110175 Robert MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: August 21, 1991 For further information, please call: (512) 835-7000 Notice of Intent to Revoke Radioactive Material Licenses Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 TAC sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following licensees: M. F. Mitchell & Associates, Houston, G01486; Cargill Drilling and Reclamation, Inc., Longview, L03782. The department intends to revoke the radioactive material licenses; order the licensees to cease and desist use of such radioactive materials; order the licensees to divest themselves of the radioactive material; and order the licensees to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order. This notice affords the opportunity to the licensees for a hearing to show cause why the radioactive material licenses should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with David K. Lacker, Chief, Bureau of Radiation Control, Attn: Director, Radiation Control Program, 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the department will revoke radioactive material licenses at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a.m. to 5 p.m. (except holidays). Issued in Austin, Texas, on August 21, 1991. TRD-9110176 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: August 21, 1991 For further information, please call: (512) 835-7000 Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 TAC sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following licensees: M. F. Mitchell & Associates, Houston, G01486; Cargill Drilling and Reclamation, Inc., Longview, L03782. The department intends to revoke the radioactive material licenses; order the licensees to cease and desist use of such radioactive materials; order the licensees to divest themselves of the radioactive material; and order the licensees to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order. This notice affords the opportunity to the licensees for a hearing to show cause why the radioactive material licenses should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with David K. Lacker, Chief, Bureau of Radiation Control, Attn: Director, Radiation Control Program, 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the department will revoke radioactive material licenses at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a.m. to 5 p.m. (except holidays). Issued in Austin, Texas, on August 21, 1991. TRD-9110177 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: August 21, 1991 For further information, please call: (512) 835-7000 Texas Housing Agency Request for Proposals The Texas Housing Agency (agency) gives notice of its intention to engage one or more private consultants to advise the agency on financial matters concerning the agency's programs and operations among other things. The consultant(s) will work with the agency staff, the agency's Finance and Planning Committee and Counsel to produce an in-depth analysis of the feasibility and scope of all programmatic options available to the agency for effectively accomplishing the agency's public purpose of assisting in the provision of the decent, safe, and sanitary housing for persons and families of law and moderate income of the State of Texas. The agency will consider offers to perform these consulting services from interested parties with the following qualifications among other things: substantial experience in a financial advising capacity involving extensive familiarity with the full range of housing agency finance and funding programs, including state and federal grant, guarantee and subsidy programs, and a working knowledge of the requirements of applicable federal tax and securities law as applied to housing finance. Any firm who wants to make an offer to perform the requested services may submit a written proposal to Richard A. Moya, Interim Executive Administrator, Texas Housing Agency, P.O. Box 13941, Austin, Texas 78711 or 811 Barton Springs Road, Suite 300, Austin, Texas 78704, for receipt prior to 5 p.m. on September 4, 1991. All proposals must include the information requested in the Request for Proposal for Financial Advisor available from the agency. The proposal should specify the fee to be charged for each service proposed. Offerors should be aware that there will be no additional fees paid beyond the agreed charges, and no participation in a bond offering or the securitization process or any other activities associated with a selected program option. The agency's Audit Committee, composed of certain members of the agency's board of directors, will make outside recommendations to the full board. Staff will assist the committee by preparing summary profiles of each proposal. The board will make the final selection. For further information about this notice or the Request for Proposals for Financial Advisor may be obtained from Richard A. Moya, Interim Executive Administrator, by calling (512) 474-2974. Issued in Austin, Texas, on August 16, 1991. TRD-9110106 Mario Aguilar Attorney Texas Housing Agency Filed: August 19, 1991 For further information, please call: (512) 474-2974 The Texas Housing Agency (agency) invites proposals from interested firms with the qualifications and experience required to perform a year-end audit of the agency's financial records for the accounting period ending August 31, 1991. This is a negotiated procurement utilizing the RFP method, and as such, the award will be made to the contractor submitting the most responsive proposal satisfying the agency's requirement. The independent auditor must have work familiarity with a taxable and tax-exempt housing issuer such as the Texas Housing Agency. The scope of the audit entails the following criteria: the audit must be made by an independent auditor of national recognition; the audit must be made in accordance with generally accepted government audit standards covering financial and compliance audits; and the audit must cover the entire operations of the Texas Housing Agency. The independent auditor must determine whether: the financial statements of the Texas Housing Agency presents fairly its financial position and the results of its financial operations in accordance with generally accepted accounting principles (GAAP); the organization has internal accounting and other control systems to provide reasonable assurance that it is in compliance with applicable state and federal laws, regulations and covenants; and the schedules of cash receipts and disbursements for the Texas Housing Agency single family mortgage revenue bond trust indenture funds are fully presented on the basis of fund statements received from the trustee. At the conclusion of any year-end audit, the auditor is required to submit the audited financial statements for the period ending to the executive administrator of the agency. In addition, the audit report and management letter must site the following minimum requirements: the auditor's opinion report on the financial statements; the auditor's report on the study and evaluation of internal control systems made as a part of the audit examination; the auditor's report on examination of single family mortgage revenue bond trust indenture funds; and the year end audit will be presented to the Audit Committee and full board. The auditor will be required to make this report presentation and state their opinion. Any firm who wants to make an offer to perform the requested services may submit a written proposal to Richard A. Moya, Interim Executive Administrator, Texas Housing Agency, P.O. Box 13941, Austin, Texas 78711 or 811 Barton Springs Road, Suite 300, Austin, Texas 78704, for receipt prior to 5 p.m. on September 16, 1991. All proposals must include the information requested in the Request for Proposal for Year-End Audit of Financial Records available from the agency. The agency's Audit Committee, composed of certain members of the agency's board of directors, will make outside auditor recommendations to the full board. Staff will assist the committee by preparing summary profiles of each proposal. The board will make the final selection. Further information about this notice or the Request for Proposals for Year-End Audit of Financial Records may be obtained from Richard A. Moya, Interim Executive Administrator, by calling (512) 474-2974. Issued in Austin, Texas, on August 16, 1991. TRD-9110105 Mario Aguilar Attorney Texas Housing Agency Filed: August 19, 1991 For further information, please call: (512) 474-2974 Texas Department of Human Services Correction to Notice of Public Hearing The Texas Department of Human Services (TDHS) will not receive comments on the department's proposed reimbursement rates for the Home and Community-Based Services, Omnibus Budget Reconciliation Act (HCS-0) Targeted Waiver Program at the public hearing to be held on September 5, 1991. If there are questions concerning this change, please contact Kathy E. Hall, MC-601, P.O. Box 149030, Austin, Texas 78714-9030, (512) 450-3702. Issued in Austin, Texas, on August 21, 1991. TRD-9110181 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: August 21, 1991 For further information, please call: (512) 450-3765 Public Notice The Texas Department of Human Services (DHS) has received approval from the Health Care Financing Administration, to amend the Title XIX Medical Assistance Plan by Transmittal Number 90-34, Amendment Number 286. The amendment deleted phase-in of case mix payment system from nursing facility reimbursement methodology. The amendment is effective October 1, 1990. If additional information is needed, please contact Kathy Hall, (512) 450-3702. Issued in Austin, Texas, on August 20, 1991. TRD-9110157 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: August 20, 1991 For further information, please call: (512) 450-3765 The Texas Department of Human Services (DHS) has received approval from the Health Care Financing Administration, to amend the Title XIX Medical Assistance Plan by Transmittal Number 90-36, Amendment Number 288. The amendment establishes a reimbursement methodology for ICFs/MR serving persons with conditions related to mental retardation (referred to in Texas as ICF/RC VIII). The amendment is effective January 1, 1991. If additional information is needed, please contact Kathy Hall, (512) 450-3702. Issued in Austin, Texas, on August 20, 1991. TRD-9110156 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: August 20, 1991 For further information, please call: (512) 450-3765 The Texas Department of Human Services (DHS) has received approval from the Health Care Financing Administration, to amend the Title XIX Medical Assistance Plan by Transmittal Number 90-40, Amendment Number 292. The amendment removes from the nursing facility reimbursement methodology any reference to nurse aid training and competency evaluation activities. The amendment is effective September 1, 1990. If additional information is needed, please contact Kathy Hall, (512) 450-3702. Issued in Austin, Texas on August 20, 1991. TRD-9110155 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: August 20, 1991 For further information, please call: (512) 450-3765 The Texas Department of Human Services (DHS) has received approval from the Health Care Financing Administration, to amend the Title XIX Medical Assistance Plan by Transmittal Number 90-44, Amendment Number 296. The amendment establishes a disproportionate share program for state-owned teaching hospitals. The amendment is effective December 12, 1990. If additional information is needed, please contact Joe Branton, (512) 338-6505. Issued in Austin, Texas, on August 20, 1991. TRD-9110154 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: August 20, 1991 For further information, please call: (512) 450-3765 The Texas Department of Human Services (DHS) has received approval from the Health Care Financing Administration, to amend the Title XIX Medical Assistance Plan by Transmittal Number 90-47, Amendment Number 299. The amendment addresses room and board payments for hospice patients residing in nursing facilities (in accordance with Omnibus Budget Reconciliation Act (OBRA) of 1989, sec.6408(c) and OBRA '90, sec.4705). The amendment is effective April 1, 1990. If additional information is needed, please contact Rick Vassar, (512) 450-3750. Issued in Austin, Texas, on August 20, 1991. TRD-9110153 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: August 20, 1991 For further information, please call: (512) 450-3765 The Texas Department of Human Services (DHS) has received approval from the Health Care Financing Administration, to amend the Title XIX Medical Assistance Plan by Transmittal Number 90-48, Amendment Number 300. The amendment adds groups of eligibles made mandatory by the Social Security Act, sec.1902(a) (10)(i)(V). The amendment is effective October 1, 1990. If additional information is needed, please contact Cathy Rossberg, (512) 450-3766. Issued in Austin, Texas, on August 20, 1991. TRD-9110152 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: August 20, 1991 For further information, please call: (512) 450-3765 Veterans Land Office Correction of Error The Veterans Land Board submitted a request for proposal for publication in the August 9, 1991, issue of the Texas Register (16 TexReg 4377). Due to an error in the boards submission, the first sentence of the first paragraph contains errors, it should read: "In accordance with Texas Civil Statutes, Article 6252-11c, the Texas Veterans Land Board (VLB) is extending invitations to submit proposals for the purpose of retaining a firm to act as the board's financial advisor on all items of financing necessary to the day-to-day operations of the Texas Veterans Land Program, the Texas Veterans Housing Assistance Program, the Texas Veterans Home Improvement Program, the Texas Family Farm and Ranch Assistance Program and, from time-to-time, other programs the board deems necessary and appropriate...." Texas Workers' Compensation Commission Executive Director Vacancy Posting Applications are now being accepted for the position of Executive Director (91-968). Previous applicants for job postings (91-946) will also be considered. General description. Serves as the chief administrative officer of the agency. Will be selected by and serve at the pleasure of the commissioners. Conducts day-to-day operations in accordance with policies established by the commissioners and the Texas Workers' Compensation Act of 1989. Key responsibilities include managing the resources of the agency. Responsible for exercising control over all divisions of the agency, for preparing and executing the agency budget, for overseeing the development of administrative rules manuals, and for keeping the commissioners informed on all aspects of agency affairs. Education and Experience. A degree from an accredited university and several years experience in progressively difficult positions requiring supervision of large numbers of employees are required. Knowledge, Skills, and Abilities. Strong leadership skills including the ability to plan, organize, and direct management activities of a large organization. Ability to communicate effectively, to maintain effective, positive working relations with associates, employees, other state agency representatives, and the general public. A demonstrated ability to manage a complex budget involving funds from the state and federal agencies and in the management of substantial automation systems is desirable, but not required. Salary. The salary is not to exceed $71,400.00 per year. Application Deadline. The application deadline is September 3, 1991. Apply to. Persons are to apply at the Human Resources, Texas Workers' Compensation Commission, Southfield Building, 4000 South I-H 35, Austin, Texas 78704, an Equal Opportunity/Affirmative Action Employer. Issued in Austin, Texas, on August 20, 1991. TRD-9110196 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Filed: August 21, 1991 For further information, please call: (512) 440-3972