ISSUE OFSeptember 3, 1991" 
Volume 16, Number 66, September 3, 1991    
          
 Pages 4763-4873



Emergency Sections


Texas State Board of Dental Examiners


4775-Conduct


4775-Requirements for Dental Offices


4775-Extension of Duties of Auxiliary Personnel-Dental
Assistants


4776-Extension of Duties of Auxiliary Personnel-Dental
Hygiene


Texas Department of Health


4776-Food and Drug Licensure [Registration] of Wholesale
Distributors of jDrugs


4778-Solid Waste Management


Texas Water Commission


4780-Industrial Solid Waste and Municipal Hazardous Waste


Comptroller of Public Accounts


4795-Tax Administration


Proposed Sections


Texas Real Estate Commission


4797-Provisions of the Real Estate License Act


4797-Professional Agreements and Standard Contracts


State Committee of Examiners for Speech-Language Pathology
and Audiology


4799-Speech-Language Pathologists and Audiologists


Texas Department of Health


4808-Massage Therapists


4822-Long-Term Care


4823-Solid Waste Management


State Board of Insurance


4823-Title Insurance


Commission on Fire Protection Personnel Standards and Education


4824-Standards for Certification


4827-Continuing Education


4828-Adoption By Reference


Texas Juvenile Probation Commission


4828-Texas Juvenile Probation Commission


Texas Department of Human Services


4829-Purchased Health Services


Withdrawn Sections


Commission on Fire Protection Personnel Standards and Education


4833-Administrative Inspections and Penalties


Adopted Sections


Texas Incentive and Productivity Commission


4835-State Employee Incentive Program


Texas State Board of Examiners of Psychologists


4835-Renewals


4835-Fees


Texas Department of Health


4836-Communicable Diseases


4838-Medical Radiologic Technologists


4840-Nurse Aides


State Board of Insurance


4842-Corporate and Financial Regulation


Texas Workers' Compensation Commission


4843-State Risk Management


Comptroller of Public Accounts


4844-Tax Administration


Open Meetings


4847-Texas Department of Agriculture


4848-Advisory Board of Athletic Trainers


4848-State Bar of Texas


4848-Daughters of the Republic of Texas, Inc.


4848-Interagency Council on Early Childhood Intervention


4848-Employees Retirement System of Texas


4848-Texas Funeral Service Commission


4849-Interagency Council for Genetic Services


4849-Office of the Governor, Criminal Justice Division


4849-Texas Department of Health


4849-State Board of Insurance


4850-Texas Board of Irrigators


4850-Lamar University System


4850-Texas Commission on Law Enforcement


4850-Texas Department of Mental Health and Mental Retardation


4850-State Pension Review Board


4851-Public Utility Commission of Texas


4851-Texas Public Investment Fund


4851-State Securities Board


4851-Texas State Technical Institute


4851-Texas Turnpike Authority


4851-The University of Texas at Austin


4852-Texas Water Commission


4852-Texas Youth Commission


4852-Regional Meetings


In Addition


Texas Air Control Board


4855-Extension of Deadline for Written Comments


Texas Department of Aviation


4855-Consultant Proposal Requests


Comptroller of Public Accounts


4864-Software and Consultant Proposal Request


Office of Consumer Credit Commissioner


4866-Notice of Rate Ceilings


Texas Department of Health


4866-Licensing Actions for Radioactive Materials




4870-Notice of Revocation of Certificates of Registration


4870-Permit Application for Municipal Solid Waste Site
Notice of Filing


Texas Higher Education Coordinating Board


4871-Notice of Meeting


Public Utility Commission of Texas


4871-Notice of Application To Amend Certificate of Convenience
and Necessity


Texas Rehabilitation Commission


4872-Request for Proposals


Texas Water Commission


4872-Enforcement Order


4872-Notice of Application For Waste Disposal Permit


Texas Youth Commission


4873-TYC Consultant Proposal Request




CONTENTS CONTINUED INSIDE

ISSUE OFSeptember 3, 1991" 
TAC Titles Affected



TAC Titles Affected-September


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


TITLE 1. ADMINISTRATION  


Texas Incentive and
Productivity Commission   


1 TAC sec.sec.273.1, 273.3, 273.9, 273.15--4835


TITLE 22. EXAMINING BOARDS  


Part V. Texas State
Board of Dental Examiners
  


22 TAC sec.109.144--4775   


22 TAC sec.109.181--4775   


22 TAC sec.113.5--4775   


22 TAC sec.114.1--4775   


22 TAC sec.115.3--4776  


Part XXI. Texas State
Board of Examiners of
Psychologists   


22 TAC sec.471.4--4835   


22 TAC sec.471.5--4835   


22 TAC sec.473.1--4835  


Part XXIII. Texas Real
Estate Commission  


22 TAC sec.535.123--4797   


22 TAC sec.sec.537.11, 537.13, 537.23, 537.28, 537.29,
537.33--4797  


Part XXXII. State Committee
of Examiners for Speech-Language
Pathology and Audiology 
 


22 TAC sec.741.2--4800   


22 TAC sec.sec.741.12, 741.19, 741.25, 741.26--4800
  


22 TAC sec.741.25, sec.741.26--4800   


22 TAC sec.741.41--4801   


22 TAC sec.sec.741.61, 741.63, 741.64--4801  



22 TAC sec.sec.741.81, 741.83, 741.84--4803  



22 TAC sec.741.102--4805   


22 TAC sec.741.122--4805   


22 TAC sec.741.143--4806   


22 TAC sec.741.162, sec.741.163--4806   


22 TAC sec.74.181--4808


TITLE 25. HEALTH SERVICES  


Part I. Texas Department
of Health   


25 TAC sec.97.22--4836   


25 TAC sec.sec.141.11-141.13--4822   


25 TAC sec.sec.143.6-143.8, 143.10, 143.11--4838 
 


25 TAC sec.145.88--4822   


25 TAC sec.sec.151.2, 151.4-151.7, 151.9, 151.12--4840
  


25 TAC sec.151.3--4841   


25 TAC sec.sec.229.251-229.254--4776   


25 TAC sec.sec.325.561, 325.563, 325.567, 325.568--4778,
4823


TITLE 28. INSURANCE  


Part I. State Board
of Insurance   


28 TAC sec.7.60--4842   


28 TAC sec.9.401--4823  


Part II. Texas Workers'
Compensation Commission   


28 TAC sec.sec.170.1-170.3--4843


TITLE 31. NATURAL RESOURCES AND CONSERVATION  


Part IX. Texas Water
Commission   


31 TAC sec.sec.335.321-335.332--4780   


31 TAC sec.sec.335.325-335.333--4795


TITLE 34. PUBLIC FINANCE  


Part I. Comptroller
of Public Accounts  



34 TAC sec.3.282--4844   


34 TAC sec.3.681--4795   


34 TAC sec.3.682--4795


TITLE 37. PUBLIC SAFETY AND CORRECTIONS  


Part VIII. Commission
on Fire Protection Personnel
Standards and Education 
 


37 TAC sec.sec.233.31, 233.33, 233.35, 233.37, 233.39,
233.41, 233.43, 233.45--4824   


37 TAC sec.sec.233.31, 233.33--4824   


37 TAC sec.sec.233.93, 233.95, 233.97, 233.99, 233.101,
233.103, 233.105, 233.107, 233.109--4825   


37 TAC sec.sec.233.93, 233.95, 233.97, 233.99, 233.101,
233.103--4825   


37 TAC sec.sec.243.9, 243.13, 243.15--4827  



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--4833   


37 TAC sec.sec.247.3, 247.7, 247.9--4828  



37 TAC sec.341.21--4828


TITLE 40. SOCIAL SERVICES AND ASSISTANCE  


Part I. Texas Department
of Human Services  



40 TAC sec.29.609--4829

   
   

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 22. EXAMINING BOARDS

Part V. Texas State Board of Dental Examiners

Chapter 109. Conduct


Fair Dealing


22 TAC sec.109.144


The Texas State Board of Dental Examiners adopts on an emergency
basis an amendment to sec.109.144, concerning records and their
transfer. The board is adopting the amendment to be in compliance
with the new statutes as passed by the legislature.

The amendment is adopted on an emergency basis under Texas
Civil Statutes, Article 4551f(6)(a)-(c), which provide the Texas
State Board of Dental Examiners with the authority to adopt and
enforce such rules and regulations not inconsistent with the
laws of the state as may be necessary for the performance of
its duties and/or to ensure compliance with the state laws relating
to the practice of dentistry to protect the public health and
safety.



sec.109.144. Records and
Their Transfer.


(a) (No change.)


(b) A Texas dental licensee practicing dentistry in Texas
shall make, maintain, and keep adequate records of the diagnosis
made and the treatment performed for and upon each of his dental
patients for reference, identification, and protection of the
patient and the dentist for a period of not less than five years,
and such records shall be available for inspection by the patient
after and upon appointment with the dentist. This shall not prohibit
the transfer of <nl>a copy of
<ol> records to another
dentist<nl>, licensed by
the board,<ol> for continued
treatment<nl>,<ol> [or]
to an agreed designated
consultant<nl>,<ol> for
ascertainment of facts<nl>,
to the patient, or to
insurance companies for the
purpose of determining benefits
<ol>.


(c)-(e) (No change.)


Issued in Austin, Texas, on August 26, 1991.

TRD-9110427

C. Thomas Camp

Executive Director

Texas State Board of Dental Examiners

Effective date: August 26, 1991

Expiration date: December 24, 1991

For further information, please call: (512) 477-2985

   
   


22 TAC sec.109.181


The Texas State Board of Dental Examiners adopts on an emergency
basis, new sec.109.181, concerning educational or other requirements.
The board is adopting sec.109.181 to be in compliance with
new statutes as passed by the legislature.

The new section is adopted on an emergency basis under Texas
Civil Statutes, Article 4551f(6)(a)-(c), which provide the Texas
State Board of Dental Examiners with the authority to adopt and
enforce such rules and regulations not inconsistent with the
laws of the state as may be necessary for the performance of
its duties and/or to ensure compliance with the state laws relating
to the practice of dentistry to protect the public health and
safety.



sec.109.181. Educational or
Other Requirements.


(a) The board may require continuing or remedial education
courses of a retired dentist who has applied to the board to
reinstate the dental license to active status to re-enter active
practice. A dentist who applies to re-enter active practice must
comply with all other applicable provisions of the Dental Practice
Act and rules of the board and must not have been convicted of
any felony offense during the term of retired status. Further,
at the time retired status was granted, the dentist must have
been in compliance or satisfied all conditions of any board order
that may have been in effect.


(b) The board may, in its discretion, determine other
requirements to re-enter active practice in keeping with public
health and safety.


Issued in Austin, Texas, on August 26, 1991.

TRD-9110430

C. Thomas Camp

Executive Director

Texas State Board of Dental Examiners

Effective date: August 26, 1991

Expiration date: December 24, 1991

For further information, please call: (512) 477-2985

   
   

Chapter 113. Requirements for Dental Offices


22 TAC sec.113.5


The Texas State Board of Dental Examiners is adopting on an
emergency basis new sec.113.5, concerning employment of dental
hygienists. The board is adopting sec.113.5 to be in compliance
with the new statutes as passed by the legislature.

The new section is adopted on an emergency basis under Texas
Civil Statutes, Article 4551f(6)(a)-(c), which provide the Texas
State Board of Dental Examiners with the authority to adopt and
enforce such rules and regulations not inconsistent with the
laws of the state as may be necessary for the performance of
its duties and/or to ensure compliance with the state laws relating
to the practice of dentistry to protect the public health and
safety.



sec.113.5. Employment of
Dental Hygienists.<ol> A dentist
may not employ more than
two dental hygienists, or
the equivalent thereof, to
practice dental hygiene for
one dentist at any one
time, regardless of the
employment or contractual relationships.


Issued in Austin, Texas, on August 26, 1991.

TRD-9110428

C. Thomas Camp

Executive Director

Texas State Board of Dental Examiners

Effective date: August 26, 1991

Expiration date: December 24, 1991

For further information, please call: (512) 477-2985

   
   

Chapter 114. Extension of Duties of Auxiliary Personnel-Dental
Assistants


22 TAC sec.114.1


The Texas State Board of Dental Examiners adopts on an emergency
basis new sec.114.1, concerning permitted duties. The board
is adopting sec.114.1 to be in compliance with the new statutes
as passed by the legislature.

The new section is adopted on an emergency basis under Texas
Civil Statutes, Article 4551f(6)(a)-(c), which provide the Texas
State Board of Dental Examiners with the authority to adopt and
enforce such rules and regulations not inconsistent with the
laws of the state as may be necessary for the performance of
its duties and/or to ensure compliance with the state laws relating
to the practice of dentistry to protect the public health and
safety.



sec.114.1. Permitted Duties.
<ol> In delegating a dental
act, or acts, to a
dental assistant, the dentist
shall delegate only those
acts of which, after
being performed by the
dental assistant, the results
are capable of being
reversed or corrected, and
which hold no potential
or actual harm for the
patient. The delegating dentist
shall remain responsible for
any delegated act.


Issued in Austin, Texas, on August 26, 1991.

TRD-9110429

C. Thomas Camp

Executive Director

Texas State Board of Dental Examiners

Effective date: August 26, 1991

Expiration date: December 24, 1991

For further information, please call: (512) 477-2985

   
   

Chapter 115. Extension of Duties of Auxiliary Personnel-Dental
Hygiene


22 TAC sec.115.3


The Texas State Board of Dental Examiners adopts on an emergency
basis an amendment to sec.115.3, concerning institutional employment.
The board is adopting the amendment to be in compliance with
the new statutes as passed by the legislature.

The amendment is adopted on an emergency basis under Texas
Civil Statutes, Article 4551f(6)(a)-(c), which provide the Texas
State Board of Dental Examiners with the authority to adopt and
enforce such rules and regulations not inconsistent with the
laws of the state as may be necessary for the performance of
its duties and/or to ensure compliance with the state laws relating
to the practice of dentistry to protect the public health and
safety.



sec.115.3. Institutional Employment.


(a) Custodial care institutions (either public or private
or which qualify as a hospital or school) may be allowed to employ
a dental hygienist when a licensed dentist is on the staff of
such institution and after approval by the state board. Any hygienist
employed by such institution is subject to the same laws and
rules pertaining to [general and direct] supervision <nl>and
responsibility<ol> as a
hygienist in the employ
of a dentist in private
practice.


(b) A licensed hygienist may perform those duties permitted
by board rule in a long-term health care facility licensed by
the State of Texas, provided all such duties performed must be
on the patients of records and under the [direct] supervision
<nl>and responsibility<ol> of
a dentist.


<nl>(c) Locations for the
performance of a dental
procedure other than those
named in the Dental Practice
Act must be approved
by the board as a
proper location prior to
commencing such procedure in
the location.


Issued in Austin, Texas, on August 26, 1991.

TRD-9110431

C. Thomas Camp

Executive Director

Texas State Board of Dental Examiners

Effective date: August 26, 1991

Expiration date: December 24, 1991

For further information, please call: (512) 477-2985

   
   


TITLE 25. Health Services

Part I. Texas Department of Health

Chapter 229. Food and Drug


<nl>Licensure<ol> [Registration]
of Wholesale Distributors of
Drugs.


25 TAC sec.sec.229.251-229.254


The Texas Department of Health (department) adopts on an emergency
basis amendments to sec.sec.229.251-229.254, concerning the
registration of wholesale distributors of drugs. The amendments
implement the provisions of Senate Bill 873, 72nd Legislature,
1991 and the Federal Prescription Drug Marketing Act (Act) of
1987. The areas amended are as follows. Throughout the sections,
the word "registration" has been replaced with the word "licensing"
or similar terminology, and editorial changes have been made
to update and clarify the sections. The amendment to sec.229.251
clarifies the definition of the location where drugs are distributed,
and adds a new definition for wholesale distribution of drugs
to conform to the Act. The amendments to sec.229.252 authorize
licensure fees for out of state wholesale distributors of drugs,
thereby deleting gross annual volume as the basis for fee payment;
authorize the department to accept reports from authorities in
other jurisdictions to determine compliance with the sections;
give the department flexibility in issuing licenses to wholesale
distributors who meet minimum standards in these sections; add
a new subsection (g) concerning exemptions from licensing; and
add a new subsection (i) concerning the amendment of a license.

The amendments are adopted on an emergency basis to implement
the provisions of Senate Bill 873, 72nd Legislature, 1992, which
becomes effective on September 1, 1991. Senate Bill 873 amends
the Health and Safety Code, Chapter 431, by authorizing the department
to enact the requirements of the Act. Under the Act, states are
required to license wholesale drug distributors in an effort
to reduce potential public health risks which might result from
the diversion of prescription drugs from legitimate commercial
channels. Failure to license out of state distributors would
not only penalize drug distributors by precluding shipment into
Texas, but would also possibly limit the availability of prescription
drugs to citizens in Texas. Since Senate Bill 873 becomes effective
on September 1, 1991, the department needs to adopt the amendments
on an emergency basis, to be effective on that date.

The amendments are adopted on an emergency basis under the
Health and Safety Code, Chapter 431, as amended by Senate Bill
873, 72nd Legislature, 1991, which enables the Board of Health
(board) to enact provisions of the Federal Prescription Drug
Marketing Act of 1987, concerning the licensing of wholesale
drug distributors; sec.431.241 which provides the board with
authority to adopt rules to enforce Chapter 431; sec.12.001,
which provides the board with the authority to adopt rules to
implement every duty imposed by law on the board, the department,
and the Commissioner of Health; and Texas Civil Statutes, Article
6252-13a, sec.5, which authorizes the board to adopt rules
on an emergency basis.



sec.229.251. Definitions.<ol>
The following words and
terms, when used in these
sections, shall have the
following meanings, unless the
context clearly indicates otherwise.


   <nl>Place of business
<ol> [Establishment]-Each location
<nl>at which<ol> [where]
drugs are distributed at
wholesale as defined in
<nl>the Health and Safety
Code<ol>, <nl>Chapter 431
<ol>. [Texas Civil Statutes,
Article 4476-5, sec.27].


   <nl>Wholesale distribution
-Distribution to a person
other than a consumer
or patient, and includes
distribution by a manufacturer,
repacker, own label distributor,
jobber, or wholesaler.



sec.229.252. <nl>Licensing
 [Registration] Fee and
Procedures.


(a) <nl>License<ol> [Registration]
fee. All wholesale distributors
of drugs <nl>who sell
drugs<ol> in Texas shall
<nl>obtain a license<ol>
[register] annually on or
before September 1st with
the Texas Department of
Health (<nl>department<ol>)
and shall pay a 
<nl>licensing<ol> [registration]
fee for each wholesale
distribution <nl>place of
business<ol> [establishment] operated
as follows:


(1)-(3) (No change.)


(4) $400 per wholesale distributor having a gross annual
of $3,000,000-$4,999,999.99; [and]


(5)  $500 per wholesale distributor having a gross annual
volume of $5,000,000 or above<nl>; and
<ol>[.]


<nl>(6) $300 per out-of-state
wholesale distributor.


(b) <nl>License<ol> [Registration]
forms. <nl>Licensing<ol>
[Registration] forms may be
obtained from the Texas
Department of Health, Division
of Food and Drugs, 1100
West 49th Street, Austin,
Texas, 78756.


(c) <nl>License<ol> [Registration]
statement. The wholesale distributors'
<nl>licensing<ol> [registration]
statement shall be signed
and verified, shall be
made on the department
furnished <nl>license<ol>
[registration] form, and shall
contain the following information:


(1)  the <nl>legal<ol> name
under which the business
is conducted;


(2)  the address of each place of business <nl>that
is<ol> [in this state
being registered] <nl>licensed
<ol> [A "place of business"
means each location where
drugs are located for
wholesale distribution];


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


(5) for each place of business [in the state], the resident
addresses of the individuals in charge thereof; and


(6) a list of categories [of gross annual volume] which
must be marked and adhered to in the determination and paying
of the fee.


(d) Two or more <nl>places of
business<ol> [establishments]. If
the wholesale distributor operates
more than one <nl>place
of business<ol> [establishment],
the wholesale distributor shall
<nl>license<ol> [register]
each <nl>place of business
<ol> [establishment] separately.


(e)  Pre-<nl>licensing<ol> [registration]
inspection. The applicant shall
cooperate with any <nl>pre-licensing
<ol> [pre-registration] inspection
by the department of
the wholesale distributor's facilities.
<nl>The department may
accept reports from authorities
in other jurisdictions to
determine the extent of
compliance with the minimum
standards in this chapter
for applicants located out-of-state.


(f) Issuance of <nl>license<ol>
[registration]. The department
<nl>may<ol> [shall] 
<nl>license<ol> [register] a
wholesale distributor of drugs
who meets the requirements
of this section and 
s229.253 of this title (relating
to Minimum Standards for
<nl>Licensing<ol> [Registration]).


<nl>(g) Exemption from licensing.
Persons who engage only
in the following types
of wholesale drug distribution
are exempt from the licensing
requirements of this undesignated
head:


<nl>(1) intracompany sales;


<nl>(2) the purchase or
acquisition by a hospital
or other health care
entity that is a member
of a group purchasing
organization of a drug
for its own use from
the group purchasing organization
or from other hospitals
or health care entities
that are members of such
organizations;


<nl>(3)  the sale,
purchase, or trade of
a drug or an offer
to sell, purchase or
trade a drug by a
charitable organization, as described
in the Internal Revenue
Code of 1986, sec.501(c)(3),
to a nonprofit affiliate
of the organization to
the extent otherwise permitted
by law;


<nl>(4) the sale, purchase,
or trade of a drug
or an offer to sell,
purchase or trade a drug
among hospitals or other
health care entities that
are under common control.
For the purpose of this
subsection, "common control" means
the power to direct or
cause the direction of
the management and policies
of a person or an
organization, whether by ownership
of stock, voting rights,
contract, or otherwise;


<nl>(5) the sale, purchase,
or trade of a drug
or an offer to sell,
purchase, or trade a
drug for emergency medical
reasons. For purposes of
this section, "emergency medical
reasons" includes transfers of
prescription drugs by a
retail pharmacy to another
retail pharmacy to alleviate
a temporary shortage;


<nl>(6) the sale, purchase,
or trade of a drug,
an offer to sell, purchase,
or trade a drug, or
the dispensing of a drug
pursuant to a prescription;


<nl>(7) the distribution of
drug samples by manufacturers'
representatives or distributors'
representatives; or


<nl>(8) the sale, purchase,
or trade of blood and
blood components intended for
transfusion.


<nl>(h)<ol>[(g)] Renewal of
<nl>license<ol> [registration].


(1) Each year, the wholesale distributor of drugs shall
renew its <nl>license<ol> [registration]
following the requirements of
this section and sec.229.253
of this title (relating
to Minimum Standards for
<nl>Licensing<ol> [Registration]).


(2) The application for renewal and fee for each 
<nl>place of business<ol>
[establishment] shall be submitted
to the department on
or before September 1
in accordance with department
procedures in this section.


(3) Failure to submit the renewal prior to September
1 may subject the wholesale distributor of drugs to the 
<nl>enforcement<ol> [offense] provisions
under <nl>The Health and
Safety Code, Chapter 431
<ol> [Texas Civil Statutes,
Article 4476-5, sec.27] and
also to the provision
of sec.229.254 of this
title (relating to Refusal,
Revocation or Suspension of
<nl>License<ol> [Registration]).


<nl>(i) Amendment of license.
A license that is amended,
including a change of
ownership or a notification
of a change in the
location of a licensed
place of business required
under the Health and
Safety Code, sec.431.206 will
require submission of fees
as outlined in subsection
(a) of this section<ol>.



sec.229.253. Minimum Standards
for <nl>Licensure [Registration].


(a) Minimum standards. All wholesale distributors of
drugs [in Texas] shall comply with the minimum standards specified
in subsection


(b) of this section in addition to the existing statutory
standards contained in <nl>the Texas
Health and Safety Code,
Chapter 431<ol> [the Texas
Food, Drug and Cosmetic
Act, Texas Civil Statutes,
Article 4476-5].


(b) Current good manufacturing practices in manufacturing,
processing, packing, or holding of drugs. The department adopts
by reference [the "current good manufacturing practices in manufacturing,
processing, packing, or holding of drugs",] Title 21, Code of
Federal Regulations, Part 210, <nl>titled "Current
Good Manufacturing Practices in
Manufacturing, Processing, Packing,
or Holding of Drugs",
sec.sec.210. 1-210.3, as amended;
and Part 211, titled
"Current Good Manufacturing Practice
for Finished Pharmaceuticals",
sec.sec.211.1-211.208, as amended
<ol>. Copies are indexed
and filed in the office
of the Division of Food
and Drugs, Texas Department
of Health, 1100 West
49th Street, Austin, Texas,
78756 and are available
for inspection during normal
working hours.


(c) Buildings and facilities. All manufacturing, processing,
packing or holding of drugs shall take place in buildings and
facilities described in <nl>Title 21,
Code of Federal Regulations,
Part 211, Subpart C,
as amended<ol> [Subpart
C of Part 211 of
the Code of Federal Regulations,
Title 21]. No manufacturing,
processing, packing or holding
of drugs shall be conducted
in any personal residence.


(d) Drug labeling. If a person, firm or corporation labels
<nl>a<ol> [an article
of] drug, the label shall
meet the requirements of
<nl>the Texas Health and
Safety Code, Chapter 431
<ol> [the Texas Food,
Drug, and Cosmetic Act,
Texas Civil Statutes, Article
4476-5].



sec.229.254. Refusal, Revocation,
or Suspension of <nl>License
 [Registration].


(a) Basis. The <nl>Texas Department
of Health <ol>(department)
may, after providing opportunity
for hearing, refuse to
<nl>license<ol> [register]
a wholesale distributor of
drugs, or may revoke
or suspend the <nl>license
<ol> [registration] for violations
of the requirements in
sec.sec.229.251-229.253 of this
title (relating to Definitions,
<nl>Licensing<ol> [Registration]
Fee and Procedures, and
Minimum Standards for 
<nl>Licensure<ol> [Registration])
or for any of the
reasons described in 
<nl>the Health and Safety
Code, Chapter 431, <ol>[Texas
Civil Statutes, Article 4476-5,
sec.27].


(b) Hearings. Any hearings for the refusal, revocation
or suspension of a <nl>license<ol> [registration]
are governed by <nl>the
department's formal hearing procedures
in Chapter 1 of this
title (relating to the
Board of Health)<ol> [
ssec.1.21-1.32 of this title
(relating to the department's
Formal Hearing Procedures)] 
<nl>and the Administrative Procedure
and Texas Register Act,
Texas Civil Statutes Article
6252-13a<ol>.


Issued in Austin, Texas, on August 27, 1991.

TRD-9110475

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Effective date: September 1, 1991

Expiration date: December 30, 1991

For further information, please call: (512) 458-7248

   
   

Chapter 325. Solid Waste Management


Subchapter O. Guidelines for Regional and Local Solid Waste
Management Plans.


25 TAC sec.sec.325.561,
325.563, 325.567, 325.568


The Texas Department of Health (department) adopts on an emergency
basis amendments to sec.sec.325.561, 325.563, 325.567, and
325.568 concerning guidelines for regional and local solid waste
management plans. Section 325.561 concerns purpose and scope,
sec.325.563 concerns regional and local plan requirements,
sec.325.567 concerns financial assistance for local and regional
plans, and sec.325.568 concerns approved state, regional, and
local solid waste management plans.

The reason for the emergency adoption is that the the amendments
will implement the requirements of Senate Bill 1340, House Bill
1022, and House Bill 1581, 72nd Legislature, 1992, which becomes
effective on September 1, 1991. In order for the department to
have rules in effect to implement the bills on their effective
date, it is necessary for the department to adopt the rules on
an emergency basis. The amendments also are being proposed for
permanent adoption in this issue of the Texas
Register.

The amendments are adopted on an emergency basis under the
Solid Waste Disposal Act, Health and Safety Code, sec.361.024,
which provides the Texas Board of Health with the authority to
adopt rules to manage and control municipal solid waste; Comprehensive
Municipal Solid Waste Management, Resource Recovery, and Conservation
Act, Health and Safety Code, sec.363.021 which provides the
Texas Board of Health with the authority to adopt rules to implement
the Act; sec.12.001 which provides the Texas Board of Health
with the authority to adopt rules for the performance of every
duty imposed by law on the Texas Board of Health, the Texas Department
of Health, and the Commissioner of Health; Senate Bill 1519 (71st
Legislature, 1989), Senate Bill 1340, House Bills 69, 1022, and
1581 (72nd Legislature, 1991), concerning solid waste management;
and Texas Civil Statutes, Article 6252-13a, sec.5, which provides
the department with the authority to adopt rules on an emergency
basis.



sec.325.561. Purpose and
Scope.


(a) (No change.)


(b)  Scope.


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


(3) Management activities. The regional plan shall provide
an overview of solid waste management activities, including institutional
arrangements and options for private sector involvement, with
particular emphasis on identifying priorities and factors which
need more detailed consideration at the local level. The local
plan should address local activities, including contractual agreements,
in a manner that is specific enough to provide for implementation
of suggested courses of action. Aspects of solid waste management
listed in subparagraphs (A)-(J) of this paragraph shall be considered,
as appropriate.


(A)-(D) (No change.)


(E) resource conservation and recovery:


(i) <nl>source reduction and
waste<ol> minimization [of
waste production];


(ii)-(vii)<ol> (No change.)


(F)-(J) (No change.)


(4) (No change.)


(5) Management methods.


(A) In regional and local plans, preference shall be
given to the maximum extent economically and technologically
feasible to the management methods for solid waste (except sludge)
described in clauses (i)-(iv) of this subparagraph. The management
methods are listed in descending order, from most preferred to
least preferred:


(i) <nl>source reduction and
waste<ol> minimization [of
waste production];


(ii)-(iv)<ol> (No change.)


(B) In regional and local plans, preference shall be
given to the maximum extent economically and technologically
feasible to the management methods for municipal sludge, as described
in clauses (i)-(vi) of this subparagraph. The management methods
are listed in descending order, from most preferred to least
preferred:


(i)  <nl>source reduction and
<ol> minimization of sludge
production and concentrations of
heavy metals and other
toxins in the sludge;


(ii)-(vi) <ol> (No change.)


<nl>(C) When landfilling is
a recommended management method,
regional and local plans
must:


<nl>(i) <nl> encourage
cooperative efforts between local
governments in the siting
of landfills;


<nl>(ii)<nl> consider the
need to transport waste
between municipalities, from a
municipality to an area
in the jurisdiction of
a county, or between
counties, particularly if a
technically suitable site for
a landfill does not exist
in a particular area;
and


<nl>(iii)<nl> allow a
local government to justify
the need for a landfill
in its jurisdiction to
dispose of the solid
waste generated in the
jurisdiction of another local
government that does not
have a technically suitable
site for a landfill in
its jurisdiction.



sec.325.563. Regional and
Local Plan Requirements.


(a) Regional plans. A regional plan identifies the problems,
goals, objectives, and recommended actions for solid waste management
over a long- range period for the entire planning region.


(1) (No change.)


(2) Planning periods. The regional planning process shall
address solid waste management over a long-range period. Long
range is considered to be a period of at least <nl>20
<ol>[15] years. The maximum
planning period addressed by
the plan shall be stated
on the plan cover and
title page and at other
appropriate locations within the
body of the plan. The
regional plan shall use
the four planning periods
listed in subparagraphs (A)-(D)
of this paragraph as
appropriate for the information
presented:


(A)-(C) (No change.)


(D) long-range planning period, 11 to <nl>20
<ol> [15] years or longer,
with information in the
least detail.


(3) Plan content. A regional plan shall be the result
of a planning process related to the proper management of solid
waste in the planning region. The process shall include identification
of problems and collection and evaluation of the data necessary
to provide a written public statement of goals and objectives
and actions recommended to accomplish those goals and objectives.
The regional plan shall include:


(A)-(B) (No change.)


(C) <nl>description of<ol>
current and planned solid
waste management activities in
the region [and an assessment
of the adequacy of existing
resource recovery, storage, transportation,
treatment, and disposal facilities
and practices];


<nl>(D) description and assessment
of the adequacy of existing
resource recovery, storage, transportation,
treatment, and disposal facilities
and practices, and programs
for the collection and
disposal of household hazardous
wastes;


<nl>(E)<ol>[(D)] assessment of
current <nl>source reduction
and waste minimization<ol>
efforts [to minimize production
of municipal solid waste],
including sludge, and efforts
to reuse or recycle waste;


<nl>(F)<ol>[(E)] identification
of additional opportunities for
<nl>source reduction and
<ol> waste minimization<nl>,
<ol> and reuse or recycling
of waste;


<nl>(G)<ol>[(F)] recommendations
for encouraging and achieving
a greater degree of 
<nl>source reduction and<ol>
waste minimization<nl>,<ol>
and reuse or recycling
of waste;


<nl>(H)<ol>[(G)] identification
of public and private
management agencies and responsibilities;


<nl>(I)<ol>[(H)] identification
of solid waste management
problems and establishment of
priorities for addressing those
problems;


<nl>(J)<ol>[(I)] planning areas
and agencies with common
solid waste management problems
which could be addressed
through joint action;


<nl>(K)<ol>[(J)] <nl>identification
of<ol> incentives and
barriers for <nl>source
<ol> [waste] reduction<nl>
and waste minimization,<ol>
and resource recovery, including
identification of potential markets;


<nl>(L)<ol>[(K)]  regional
goals and objectives<nl>,
including recycling rate goals;


<nl>(M)<ol>[(L)] advantages and
disadvantages of alternative actions;
and


<nl>(N)<ol>[(M)] the recommended
plan of action and associated
timetable, <nl>for achieving
regional goals and objectives,
including: recycling rate goals;
source reduction and waste
minimization; composting programs
for yard wastes and related
organic wastes; household hazardous
waste collection and disposal
programs; and<ol> [including
the need for] new or
expanded facilities and practices.


(4) (No change.)


(b) Local plans. A local plan addresses specific short-
<nl>and<ol> [or] long-range
problems and actions related
to solid waste management
within the jurisdiction of
one or more local governments
and may be developed
regardless of whether a
regional plan has been
developed which will affect
the local planning area.


(1) (No change.)


(2) Planning periods. The local planning process shall
address specific short- <nl>and<ol> [or]
long-range problems and actions
in solid waste management.
The maximum planning period
addressed by the plan
shall be stated on the
plan cover and title
page and at other appropriate
locations within the body
of the plan. The local
plan should use the planning
periods listed in subparagraphs
(A)-(D) of this paragraph
as appropriate for the
information presented.


(A)-(C) (No change.)


(D) Long-range planning period, 11 to <nl>20
<ol> [15] years or longer.


(3) Plan content. A local plan shall be the result of
a planning process that is related to the proper management of
solid waste in the local planning area. The process shall include
identification of problems and collection and evaluation of the
data necessary to provide a written public statement of goals
and objectives and the actions recommended to accomplish those
goals and objectives. <nl>The<ol> [As
applicable, the] local plan
shall include:


(A)-(B) (No change.)


<nl>(C) description of current
and planned solid waste
management activities in the
local planning area;


<nl>(D) description and assessment
of the adequacy of existing
resource recovery, storage, transportation,
treatment, and disposal facilities
and practices, including programs
for the collection and
disposal of household hazardous
wastes;


<nl>(E)<ol>[(C)] identification
of the short- and long-range
solid waste management problems
within the local planning
area;


<nl>(F)<ol>[(D)]  assessment
of current <nl>source
reduction and waste minimization
<ol> efforts [to minimize
production of municipal] 
<nl>for<ol> solid waste,
including sludge, and efforts
to reuse or recycle waste;


<nl>(G)<ol>[(E)]  identification
of additional opportunities for
<nl>source reduction and
<ol> waste minimization<nl>,
<ol> and reuse or recycling
of waste;


<nl>(H) <ol>[(F)] recommendations
for encouraging and achieving
a greater degree of 
<nl>source reduction and<ol>
waste minimization<nl>,<ol>
and reuse or recycling
of waste;


<nl>(I)<ol>[(G)] local goals
and objectives associated with
management problems<nl>, including
recycling rate goals<ol>;


<nl>(J)<ol>[(H)] advantages and
disadvantages of alternative actions;
and


<nl>(K)<ol>[(I)] the recommended
plan of action and associated
timetable for accomplishing the
goals and objectives<nl>,
including: recycling rate goals;
source reduction and waste
minimization; composting programs
for yard wastes and related
organic wastes; household hazardous
waste collection programs; and
new or expanded facilities
or practices<ol>.


(4) (No change.)



sec.325.567. Financial Assistance
for Regional and Local
Plans.


(a)  (No change.)


(b) Administration of the planning fund.


(1)-(4)  (No change.)


[(5) Financial assistance provided by the department
to any public agency or planning region under this section shall
be matched, at least equally, by funds provided by the recipient.
In-kind matches are permissible at the discretion of the department.]


<nl>(5)<ol>[(6)] The order
of priority to be given
to applicants in receiving
financial assistance shall be
determined by:


(A) the need to initiate or improve the solid waste management
program within the applicant's jurisdiction;


(B) the needs of the state;


(C) the financial need of the applicant;


(D) the degree the proposed plan work program will result
in improvements that meet the requirements of other applicable
state, regional, and local solid waste management plans or activities;


(E) a positive consideration for applicants who have
completed approved plans while utilizing their own resources;
and


(F) a positive consideration for applicants who have
committed a substantial amount of their own resources for development
of an approvable plan at the time a request is made for state
financial assistance.


<nl>(6) <ol>[(7)] The
department may approve an
application consistent with the
provisions of this section
when the department finds
state financial participation is
in the public interest
and when it is determined
that both state and regional
or local funding is sufficient
to complete the agreed
scope of services. The
department shall approve or
disapprove an application for
financial assistance within 90
days of its receipt.


(c) Regional planning financial assistance.


(1) Applications and contracts.


(A)  (No change.)


[(B) If the planning process and state financial assistance
is not expected to be completed by September 1, 1991, then the
applicant shall define separately those portions of a work program
and budget that will be completed or obligated in the period
before and after September 1, 1991.


[(C) If the department determines that planning assistance
funds will be awarded, then the department and the applicant
shall sign a separate contract for the period prior to September
1, 1991, and each state fiscal year or part of a year covered
by the approved work program and budget, after September 1, 1991.]


<nl>(B)<ol>[(D)] <nl>All
<ol> [Beginning September 1,
1991, all] state planning
assistance contracts shall not
exceed one year in term,
and shall terminate on
or before the earliest
August 31 date following
the beginning date of
the contract.


[(E) State funds must be matched at least equally by
funds provided by the recipient. In-kind matches are permitted
at the discretion of the department, however, the types and amounts
of in-kind match shall be indicated in the budget.]


<nl>(C)<ol>[(F)] The only
applicant eligible to apply
for regional planning financial
assistance shall be the
regional planning agency designated
as responsible for the
planning region for which
a plan is considered.


<nl>(D)<ol>[(G)] At its
discretion, the department may
utilize a panel or committee
to assist in evaluating
applications for funding assistance.


(2) Funding amounts.


(A)  The minimum funding provided by the state, for development
of any regional solid waste management plan, in a single state
fiscal year shall be <nl>$60,000<ol> [$30,000].


(B) Except as provided in subparagraph (C) of this paragraph,
additional state funds may be authorized based on:


(i)<ol> population (<nl>$0.10
<ol> [$0.05] per capita);


(ii) <ol> number of counties
affected (<nl>$1,000<ol>
[$500] each); and


(iii)<ol> number of incorporated
cities affected (<nl>$400
<ol> [$200] each).


(C) The maximum annual funding provided by the state,
for development of any regional solid waste management plan,
in a single state fiscal year shall not exceed <nl>$500,000
<ol> [$250,000].


(D) (No change.)


(d) Local planning financial assistance.


(1)  Applications and contracts.


(A) (No change.)


[(B) If the planning process and state financial assistance
is not expected to be completed by September 1, 1991, then the
applicant shall define separately those portions of a work program
and budget that will be completed or obligated in the period
before and after September 1, 1991.


[(C) If the department determines that planning assistance
funds will be awarded, then the department and the applicant
shall sign a separate contract for the period prior to September
1, 1991, and each state fiscal year or part of a year covered
by the approved work program and budget, after September 1, 199l.]


<nl>(B)<ol>[(D)]  <nl>All
<ol> [Beginning September 1,
1991, all] state planning
assistance contracts shall not
exceed one year in term,
and shall terminate on
or before the earliest
August 31 date following
the beginning date of
the contract.


[(E) State funds must be matched at least equally by
funds provided by the recipient. In-kind matches are permitted
at the discretion of the department, however, the types and amounts
of in-kind match shall be indicated in the budget.]


<nl>(C)<ol>[(F)] The only
applicants authorized to apply
for local planning financial
assistance are local governments
or public agencies, and
designated regional planning agencies.
Where the local plan
is to cover a geographical
area larger than the
area of one city, then
the application and any
resulting contract shall be
made by one of the
cities, counties, or public
agencies which has all
or part of its jurisdiction
within the area to be
considered in the plan,
and which is authorized
to act as agent by
all public agencies with
jurisdictions included in the
area considered; or, the
designated regional planning agency
which has jurisdiction over
the geographical area to
be considered in the
plan.


<nl>(D)<ol>[(G)] At its
discretion, the department may
utilize a panel or committee
to assist in evaluating
applications for funding assistance
requests.


(2) Funding amounts.


(A) The minimum funding provided by the state, for development
of any local solid waste management plan, in a single state fiscal
year shall be <nl>$5,000<ol> [$2,500].


(B)  Except as provided in subparagraph (C) of this paragraph,
additional state funds may be authorized based on <nl>$0.20
<ol> [$0.10] per capita.


(C)  The maximum annual funding provided by the state
for development of any local solid waste management plan in a
single state fiscal year shall not exceed <nl>$200,000
<ol> [$100,000].



sec.325.568. Approved State,
Regional, and Local Solid
Waste Management Plans.


(a) Purpose. This section <nl>identifies
<ol> [adopts] state, regional,
and local solid waste
management plans which have
been approved by the
board of health. As specified
in sec.325.566(d) of this
title (relating to Procedures
for Regional and Local
Plan Submission and Approval),
public and private solid
waste management activities and
state regulatory activities within
the geographical boundaries where
the plan is applicable
shall conform to an adopted
plan during its effective
period.


(b)-(c) (No change.)


Issued in Austin, Texas, on August 26, 1991.

TRD-9110412

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Effective date: September 1, 1991

Expiration date: December 30, 1991

For further information, please call: (512) 458-7271

   
   


TITLE 31. NATURAL RESOURCES AND CONSERVATION

Part IX. Texas Water Commission

Chapter 335. Industrial Solid Waste and Municipal Hazardous
Waste


Subchapter J. Industrial Solid Waste and Hazardous Waste Fee
System


31 TAC sec.sec.335.321-335.332


The Texas Water Commission adopts on an emergency basis amendments
to sec.sec.335.321-335.324, the repeal of sec.sec.335.325-335.333
and new sec.sec.335. 325-335.332, concerning industrial solid
waste and hazardous waste fee system. The Health and Safety Code,
Chapter 361, Subchapter D authorizes the commission to establish
a hazardous waste fee system related to the generation and disposition
of hazardous waste and the operation of hazardous waste facilities
subject to permits. House Bill 1986, Acts of the 72nd Legislature,
1991, amended the Health and Safety Code, Chapter 361, Subchapter
D to restructure and expand the hazardous waste fee program.
The funds established under the Health and Safety Code, Chapter
361, Subchapter D, the hazardous waste generation and facility
fees fund, and the hazardous waste disposal fee fund are renamed
as the hazardous and solid waste fees fund and the hazardous
and solid waste remediation fee fund, respectively. House Bill
1986 requires that non-hazardous waste be included in the fee
system and authorizes the assessment of generation and facility
fees on Class I nonhazardous waste and permitted waste management
facilities, respectively. The maximum annual generation fee on
hazardous waste is increased from $15,000 to $25,000 and a maximum
annual generation fee for nonhazardous waste is set at $1,000.
Exemptions from generation fee assessment are authorized where
the wastes are generated from remedial activities paid from state
funds and for certain wastewaters which are characteristically
hazardous and treated to be rendered nonhazardous. The maximum
amount of generation and facility fees that may be collected
each year is increased from $4.5 million to $6 million.

House Bill 1986 also provides for the replacement of on-site
hazardous waste land disposal fees with a broader fee to be assessed
on all noncommercial hazardous waste management activities. This
change will result in the assessment of fees on noncommercial
hazardous waste management similar to the commercial management
fees currently authorized under the Health and Safety Code. The
management of hazardous waste generated from remedial activities
paid from state funds is exempt from the assessment of a waste
management fee. Twenty-five percent of the revenues from fees
on commercial hazardous waste management are be paid to the county
within which commercial facilities are located. The balance of
commercial fees and all noncommercial fees are to be divided
equally between the hazardous and solid waste fees fund and the
hazardous and solid waste remediation fee fund. The commission
is authorized to establish fee rates for hazardous waste management
which will result in the collection of between $12 million and
$16 million annually, after payments to local county governments.
In addition to changes related to waste generation and disposition,
House Bill 1986 authorizes the assessment of fees on permit applications
for industrial solid waste and hazardous waste facilities and
the deposit of these fees to the hazardous and solid waste fees
fund. Under this action, existing sec.sec.335. 321-335.324
are amended. Section 335.325 is repealed. Existing sec.sec.335.326-335.
333 are also repealed but are replaced, with certain amendments,
as new sec.sec.335.325-335.332.

The heading of TAC Chapter 335, Subchapter J is amended to
reflect the incorporation of nonhazardous waste in the fee system
and the expansion of the system to include additional and broader
types of fee assessments as authorized by House Bill 1986, 72nd
Legislature, 1991.

Section 335.321, relating to purpose, is amended to refer
to a fee system related to both industrial solid waste and hazardous
waste. Under sec.335.321(a), the types of fees authorized are
changed to indicate the addition of generation and facility fees
for Class I nonhazardous waste and permit application fees and
the replacement of on-site hazardous waste land disposal fees
with broader fees for all types of noncommercial hazardous waste
management. A heading is added to sec.335.321(b), relating
to hazardous and solid waste fees fund, and reference included
to the use of the fund for the purpose of regulating industrial
solid waste as well as hazardous waste activities. A reference
to the Texas Solid Waste Disposal Act is changed to the Health
and Safety Code, Chapter 361. The sources of revenue to the fund
are specified as generation fees, facility fees, waste management
fees, and interest penalties for late payment assessed under
this subchapter and permit application fees assessed under 
s305.53 of this title (relating to Application Fees). A heading
is added to sec.335.321(c), relating to hazardous and solid
waste remediation fee fund, and reference included to the broader
use of the fund for the additional purposes of regulation and
management of household and other hazardous substances, and the
cleanup or removal of spills or releases of hazardous substances.
New sec.335. 321(c)(2) specifies the sources of revenue for
the hazardous and solid waste remediation fee fund to include
hazardous waste management fees and interest and penalties assessed
under this subchapter, money paid by liable parties for cleanup
of contaminated facilities, the interest received from the investment
of the fund, and any payments received from other agencies or
persons authorized to deposit funds for the purpose of remediation
of contaminated facilities, including fees on lead-acid batteries
under the Health and Safety Code, sec.361. 138. Section 335.321(d)
is amended to reflect the distribution of hazardous waste management
fees assessed under sec.335.325 of this title (relating to
Hazardous Waste Management Fee Assessment). Twenty-five percent
of commercial management fees are to be paid to the county in
which a facility making payment is located. The balance of commercial
fees and all noncommercial fees are to be divided equally between
the hazardous and solid waste fees fund and the hazardous and
solid waste remediation fee fund.

Section 335.322, relating to definitions, is changed to include
new or amended definitions of key terms. Definitions of industrial
solid waste, Class I waste, and Class I nonhazardous waste are
incorporated by reference to existing definitions in other sections
of this title. The definition of hazardous waste is changed to
conform to the appropriate and controlling definition found in
sec.335.1 of this title (relating to Definitions). Definitions
of captured facility and commercial hazardous waste storage,
processing, and disposal facility are amended to incorporate
references to industrial solid waste and to reflect the distinction
between commercial and noncommercial waste management activity.
A definition of noncommercial waste storage, processing, or disposal
facility is added. The definition of generator is changed to
incorporate a reference to industrial solid waste for the purpose
of fee assessment. The definition of land disposal facility is
changed to include land treatment as a type of land disposal
and to delete a reference to exclusion of disposal of hazardous
wastes retrieved or created due to remediation of inactive disposal
facilities.

Section 335.323, relating to generation fee assessment, is
changed by deleting "Hazardous Waste" from the section heading.
Section 335.323(a) is changed by adding Class I nonhazardous
waste to wastes subject to a generation fee. The maximum annual
generation fee for hazardous waste is increased from $15, 000
to $25,000 and a maximum annual fee for nonhazardous waste of
$1,000 is incorporated. Section 335.323(c) is changed to clarify
that characteristically hazardous wastewaters qualifying for
exemption from fee assessment must be rendered nonhazardous as
a result of any qualified treatment or neutralization process.
Existing sec.335.323(d), which relates to the exemption from
generation fee assessment of certain hazardous wastes burned
for energy recovery and which are obtained from off-site sources,
is deleted. This change is consistent with other changes to this
section clarifying the assessment of generation fees for wastes
which are not produced by the generator but received from other
sources. New sec.335.323(d) is added to exempt from generation
fee assessment those wastes which are produced in the course
of remedial actions paid from state funds. Section 335.323(e)
is amended to establish a new rate schedule for hazardous and
nonhazardous waste generation fees.

Section 335.324, relating to facility fee assessment, is changed
to include Class I nonhazardous waste facilities among those
subject to an assessment and to simplify and clarify the determination
of a facility fee. Section 335.324(b) is amended by the addition
of a specific reference to the appropriate s ion regarding penalties
for late payment. In sec.335.324(d), a minimum fee of $500
and a maximum fee of $5,000 are established for a nonhazardous
waste facility. New sec.sec.335.324(e)-(g) are inserted and
the existing facility fee rate schedule is deleted. New sec.335.324(e)
specifies the exemption from facility fee assessment for certain
wastewater treatment units, new sec.335.324(f) defines "other
unit" for the purposes of facility fee assessment, and new 
s335.324(g) specifies the conditions under which closed facilities
are subject to a facility fee. Existing sec.335.324(e) is redesignated
as sec.335.324(h) and amended to refer to new sec.335.324(i),
which contains the amended facility fee schedule. New sec.335.324(i)
is added to the section to establish a revised and simplified
facility fee schedule.

New sec.335.325, relating to hazardous waste management
fee assessment, provides for the assessment of a fee for the
management of hazardous waste at both commercial and noncommercial
treatment, storage, and disposal facilities. This section incorporates
the provisions of repealed sec.335.326, relating to commercial
fee assessment, with changes to incorporate the broader assessment
of both commercial and noncommercial hazardous waste management
activity. The heading is amended to relate to hazardous waste
management fee assessment. Generally, references to "commercial
hazardous waste fee are changed to "hazardous waste management
fee." References to a facility operator in this section are changed
to refer also to the facility owner to clarify that either party
may be liable for the payment of an assessed fee. Section 335.325(a)
will impose a fee for commercial hazardous waste management for
wastes managed on or after September 1, 1991 to maintain continuity
with the commercial fees authorized under the repealed sec.335.326.
Noncommercial facilities will pay a fee under new sec.335.325
for wastes managed on or after October 1, 1991. Section 335.325(b)
authorizes a commercial facility to pay the same fee as a noncommercial
facility for wastes generated in the state and received from
a wholly-owned subsidiary, affiliate, or captured facility. Section
335.325(c) exempts from the assessment of a waste management
fee those wastes generated in the course of a remedial action
paid for by state funds. Section 335.325(d) provides that a fee
is assessed for storage of hazardous waste after 90 days. Section
335.325(e) exempts from the assessment of a waste management
fee certain facilities permitted under the Water Code, Chapter
26. Section 335.325(f) provides that management fees are based
on the total weight of a waste stream unless they are disposed
in an underground injection well, in which case the fee is based
on the dry weight. The maximum fee assessed under this section
for wastes from in-state, under provisions of sec.335.325(g),
is $20 per ton for wastes which are landfilled. Section 335.325(h)
provides that a higher fee may be assessed for wastes from out-of-state
for certain types of disposition. This incremental fee is generally
50% greater than the fee for wastes from in state and is assessed
for the purpose of deriving from out-of-state generators an amount
of revenue to support state regulatory programs commensurate
to that paid by in-state generators in the form of other fees
and taxes. Section 335. 325(i) distinguishes between the burning
of a hazardous waste fuel and the storage or processing of a
hazardous waste fuel for the purposes of assessment of a waste
management fee. The fee schedule for commercial and noncommercial
waste management is incorporated in sec.335.325(j). Commercial
fees range from $20 per ton for landfilling to $2.00 per ton
for recycling. Noncommercial fees are generally one half of the
commercial rates, ranging from $10 per ton for landfilling to
$1.00 per ton for recycling. Rates for imported waste, where
applicable, are higher than for in-state waste by 50%. Under
sec.335.325(k), no additional fee is levied for imported wastes
which are burned for energy recovery or legitimately reclaimed,
reused, or recycled. Section 335.325(1) provides that only one
fee is paid for management of a waste at a facility. Where more
than one fee could be assessed, the higher of the fees is applied.
Section 335.325(m) specifies that a storage fee is assessed for
waste which is stored for more than 90 days and that a fee of
one-half the initial fee is assessed for each additional 90-day
period of storage. Under provisions of sec.335.325(n), any
facility which receives a waste from another facility will pay
whatever management fee is applicable to the disposition of the
waste after receipt. Section 335.325(o) provides that the fee
rate for incineration of aqueous wastes containing 1.0% or less
of organic carbon is 10% of the fee rate for incineration under
sec.335.325(j).

New sec.335.326, relating to dry weight determination, provides
methods and technical references for determination of the dry
weight of a hazardous waste stream for the purpose of calculation
of a fee assessed for underground injection. Except for changes
to references to new section numbers, this new section is identical
to the repealed sec.335.327, relating to dry weight determination.

New sec.335.327, relating to alternate methods of dry weight
determination, provides the opportunity for generators to use
alternate methods of determination of dry weight where the methods
specified in sec.335.326, relating to dry weight determination,
are not applicable or do not yield accurate results. Alternate
methods are subject to the approval of the executive director
and must be supported by adequate technical demonstration. Generators
may elect to declare the total weight of a waste as the dry weight.
Except for changes to references to new section numbers, this
section is identical to the repealed 35, 328, relating to alternate
methods of dry weight determination.

New sec.335.328, relating to fees payment, includes procedures
and requirements for making payment of fees assessed under this
subchapter. Generation and facility fees are due annually on
dates to be determined by the commission. Waste management fees
are due monthly.

New sec.335.329, relating to records and reports, provides
for specific reporting and recordkeeping requirements in order
to document the amount of fees to be assessed. Generators are
required, under sec.335.329(a), to keep records of all waste
management activities, including the quantities generated, stored,
processed, or disposed in accordance with the provisions of 
s335.9 of this title (relating to Recordkeeping and Annual
Reporting Procedures Applicable to Generators). In addition,
generators must provide the operator of an underground injection
well with a certificate of computation of the dry weight of any
hazardous waste to be disposed in an injection well. Documentation
of the basis for the assessment of any waste management fee must
also be maintained, including the rationale for any adjustment
to or exemption from an assessment. Under sec.335.329(b), generators
are required to submit reports prepared under the provisions
of sec.335.13(b) of this title (relating to Recordkeeping and
Reporting Procedures Applicable to Generators Shipping Hazardous
Waste or Class I Waste and Primary Exporters of Hazardous Waste).
Section 335.329(c) provides that owners or operators of hazardous
waste storage, processing, or disposal facilities are required
to keep records of the amount of each hazardous waste stored,
processed, or disposed, including the dry weight amount of each
hazardous waste disposed in an underground injection well and
documentation of the basis for the assessment, adjustment, or
exemption of any waste management fee assessed under sec.335.325,
relating to hazardous waste management fee assessment. Section
335.329(d) requires that owners and operators of hazardous waste
storage, processing, and disposal facilities submit the reports
required under sec.335.15(2) of this title (relating to Recordkeeping
and Reporting Requirements Applicable to Owners or Operators
of Storage, Processing, or Disposal Facilities). Section 335.329(e)
requires owners or operators of hazardous waste storage, processing,
or disposal facilities to retain the records required by sec.335.329(c)
of this section for a minimum of three years from the date of
reporting in sec.335.323 of this title (relating to Hazardous
Waste Generation Fee Assessment), and submit a monthly on-site
hazardous waste management summary containing such information
for each month of the fiscal year as is specified in sec.335.329(c)
of this section to the Texas Water Commission for the purpose
of assessment of fees under sec.335.325 of this title (relating
to Hazardous Waste Management Fee Assessment). This summary report
shall be due by the 25th day following the end of the month for
which a report is made. An owner or operator must keep a copy
of each summary for a period of at least three years from the
due date of the summary. Under sec.335.329(f) the periods of
record retention required are automatically extended during the
course of any unresolved enforcement action regarding the regulated
activity.

New sec.335.330, relating to cancellation, revocation, and
transfer, provides that cancellation, transfer, or other change
in permit status during a fiscal year will not constitute grounds
for a refund of any fee paid under this subchapter. Transfer
of ownership of a facility will not relieve an owner or operator
from liability for any fee accrued during his ownership.

New sec.335.331, relating to failure to make payment or
report, provides for certain penalties for failure to pay a fee
assessed under this subchapter or report activities subject to
an assessment. Section 335.331(b) provides for a 15% annual interest
penalty for delinquent payments. Section 335.331(c) provides
for a penalty of $100 per day for late reports of hazardous waste
disposition.

New sec.335.332, relating to Appendices I and II, provides
an outline of the procedures to be followed in making the determination
of dry weight under the provisions of new sec.335.326 of this
title, relating to dry weight determination. With the exception
of changes to references to new section numbers, the provisions
are the same as those of existing sec.335.327, relating to
dry weight determination, which is repealed under this action.

Senate Bill 2, Article 1.100, Acts of the 72nd Legislature,
First Called Session, 1991, authorizes the commission to adopt
rules on an emergency basis, to be effective September 1, 1991,
implementing any changes in fee revenue authority provided by
legislation enacted by the 72nd Legislature. The commission finds
that an urgent need exists to adopt these amendments and new
sections on an emergency basis in order to implement the provisions
of House Bill 1986 and provide necessary funds for the continued
operation of the states industrial solid waste and hazardous
waste regulatory and remediation programs beginning with the
new state fiscal year on September 1, 1991.

The amendments and new sections are adopted on an emergency
basis under the Health and Safety Code, Chapter 361, as amended
by House Bill 1986, Acts of the 72nd Legislature, 1991, which
provides the Texas Water Commission with the authority to establish
an industrial solid waste and hazardous waste fee program and
implement fee assessments for industrial solid waste and hazardous
waste generators, facilities and permit applicants, and the commercial
and noncommercial management of hazardous waste.



sec.335.321. Purpose.


(a) It is the purpose of this subchapter to establish
<nl>an industrial solid waste
and<ol> [a] hazardous
waste fee program. Under
this program the following
fees are imposed:


(1) an annual fee on each [hazardous waste] generator
<nl>of Class I industrial
solid waste or hazardous
waste<ol>;


(2) an annual fee on each facility which either holds
a <nl>Class I industrial solid
waste or<ol> hazardous
waste permit or operates
<nl>Class I industrial
solid waste or<ol> hazardous
waste management units subject
to permit authorization;


[(3) a quarterly fee on each operator of an on-site land
disposal facility for each dry weight ton of hazardous waste
deposited in a land disposal unit;]


<nl>(3)<ol>[(4)] a fee
on the operator of a
[commercial] hazardous waste storage,
processing, or disposal facility
for hazardous waste which
is <nl>managed on site
<ol> [generated by off-site
generators and received] by
<nl>the<ol> [such commercial]
facility;


[(5) the commercial hazardous waste facility fee in addition
to any other fee authorized under this subchapter.]


<nl>(4) a fee on each
application for a permit
for an industrial solid
waste or hazardous waste
facility assessed under 
s305.53 of this title (relating
to Application Fees).


(b) <nl>Hazardous and solid
waste fees fund.


<nl>(1) The<ol> [Hazardous
waste generation and facility
fees will be deposited
in a] hazardous <nl>and
solid<ol> waste [generation
and facility] fees fund
<nl>shall be used<ol>
for the purpose of regulation
of <nl>industrial solid
waste and<ol> hazardous
waste, including payment to
other state agencies for
services provided under contract
relating to enforcement of
the <nl>Health and Safety
Code, Chapter 361<ol>
[Texas Solid Waste Disposal
Act] .


<nl>(2) The fund shall
consist of:


<nl>(A) generation fees assessed
under sec.335.323 of this
title (relating to Generation
Fee Assessment);


<nl>(B) facility fees assessed
under sec.335.324 of this
title (relating to Facility
Fee Assessment);


<nl>(C) hazardous waste management
fees assessed and apportioned
under sec.335.325 of this
title (relating to Hazardous
Waste Management Fee Assessment)
;


<nl>(D) application fees assessed
under sec.305.53 of this
title (relating to Application
Fees); and


<nl>(E) interest penalties for
late payment of industrial
solid waste and hazardous
waste fees imposed by
sec.335.331 of this title
(relating to Failure to
Make Payment or Report);


<nl>(c) Hazardous and solid
waste remediation fee fund.


<nl>(1) The<ol> [All
disposal fees will be
deposited in a] hazardous
<nl>and solid<ol> waste
<nl>remediation<ol> [disposal]
fee fund <nl>shall be
used<ol> for the purpose
of the following:


<nl>(A)<ol>[(1)] necessary and
appropriate removal and remedial
action at sites at which
<nl>solid<ol> [hazardous]
waste or hazardous [waste]
substances have been disposed
if funds from a liable
party, independent third party,
or the federal government
are not sufficient for
the removal or remedial
action;


<nl>(B)<ol>[(2)] necessary and
appropriate maintenance of removal
and remedial actions for
the expected life of
those actions if funds
from a liable party have
been collected and deposited
in the fund for that
purpose or if funds from
a liable party, independent
third party, or the federal
government are not sufficient
for the maintenance; [and]


<nl>(C)<ol>[(3)]  expenses
related to complying with
the federal Comprehensive Environmental
Response, Compensation and Liability
Act of 1980 (42 United
States Code, sec.9601 et
seq) <nl>as amended<ol>,
the federal Superfund Amendments
and Reauthorization Act of
1986 <nl>(10 United States
Code, 2701 et seq), and
the Health and Safety
Code, Chapter 361, Subchapters
F and I;<ol> [Solid
Waste Disposal Act, Texas
Civil Statutes, sec.8(g) and
sec.13.]


<nl>(D)  expenses concerning
the regulation and management
of household hazardous substances
and the prevention of
pollution of the water
resources of the state
from the uncontrolled release
of hazardous substances; and


(E) expenses concerning the cleanup or removal of a spill,
release, or potential threat of release of a hazardous substance
where immediate action is appropriate to protect human health
and the environment.


<nl>(2) The fund shall
consist of:


<nl>(A) hazardous waste management
fees assessed and apportioned
under sec.335.325 of this
title (relating to Hazardous
Waste Management Fee Assessment);


<nl>(B) interest and penalties
imposed under sec.335.331 of
this title (relating to
Failure to Make Payment
or Report);


<nl>(C) money paid by
a person liable for facility
cleanup and maintenance under
provisions of the Health
and Safety Code, sec.361.197;


<nl>(D) interest received from
the investment of the
fund in accounts under
the charge of the treasurer;
and


<nl>(E) monies collected on
behalf of the commission
or transferred from other
agencies under any applicable
provisions of the Health
and Safety Code, including
sec.361.138, concerning fees
on lead-acid batteries, or
grants from any person
made for the purpose
of remediation of facilities
under the Health and
Safety Code, Chapter 361.


(d) <nl>Hazardous<ol> [Commercial
hazardous] waste <nl>management
<ol> fees collected under
<nl>sec.335.325 of this
title (relating to Hazardous
Waste Management Fee Assessment)
<ol> [this subchapter] shall
be credited to the funds
of the state as follows.


[(1)  One quarter, or 25%, of the commercial hazardous
waste facility fee shall be credited to the hazardous waste generation
and facility fees fund.]


<nl>(1)<ol>[(2)] One quarter,
or 25%, of the [commercial]
hazardous waste <nl>management
<ol> [facility] fee <nl>collected
from a commercial waste
storage, processing, or disposal
facility<ol> shall be
credited to the hazardous
<nl>and solid<ol> waste
[generation and facility] fees
fund to be distributed
to the county in which
the facility paying the
fee is located. Funds
due the affected county
shall be paid by the
commission within 60 days
of the receipt and verification
of payments from a commercial
hazardous waste facility in
the county.


<nl>(2) The remaining amount
of commercial hazardous waste
management fees and the
total amount of noncommercial
hazardous waste fees shall
be deposited as follows.


<nl>(A)<ol>[(3)] One half,
or 50%, of <nl>each
amount<ol> [the commercial
hazardous waste fee] shall
be credited to the hazardous
<nl>and solid<ol> waste
<nl>remediation<ol> [disposal]
fee fund.


<nl>(B) One half, or
50%, of each amount shall
be credited to the hazardous
and solid waste fees
fund.



sec.335.322. Definitions.<ol>
The following words and
terms, when used in this
subchapter, shall have the
following meanings, unless the
context clearly indicates otherwise.


<ol>   Captured facility
-A manufacturing or production
facility which generates 
<nl>an industrial solid waste
or<ol> hazardous waste
which is routinely stored,
processed, or disposed, on
a shared basis, in an
integrated waste management unit
owned and operated by
and located within a
contiguous manufacturing facility.


<nl>   Class I waste
-Any industrial solid waste
or mixture of industrial
solid wastes meeting the
definition of Class I
waste under sec.335.1 of
this title (relating to
Definitions).


<nl>   Class I nonhazardous
waste-any Class I waste
which is not a hazardous
waste as defined in this
section.


<ol>   Commercial [hazardous]
waste storage, processing, and
disposal facility-Any facility
which accepts <nl>an industrial
solid waste or<ol> a
hazardous waste for storage,
processing (including incineration),
or disposal [from an
off-site generator] for a
charge.


<ol>   Generator [of
hazardous waste or generator]
-Any person whose act or
process produces <nl>industrial
solid waste or<ol> hazardous
waste or whose act first
causes <nl>an industrial
solid waste or<ol> a
hazardous waste to become
subject to regulation by
the commission.


<ol>   Hazardous waste
-Those solid wastes not
otherwise exempted which have
been identified or listed
as hazardous wastes by
the administrator of the
United States Environmental Protection
Agency pursuant to the
federal Solid Waste Disposal
Act, 42 United States
Code, 6901 et seq, as
amended[, as of September
1, 1985].


<nl>   Industrial solid
waste-A solid waste meeting
the definition of industrial
solid waste under sec.335.1
of this title (relating
to Definitions).


<ol>   Land disposal
facility-Any landfill, surface
impound- ment (excluding an
impoundment treating, processing,
or storing waste that
is disposed pursuant to
the Texas Water Code,
Chapter 26 or Chapter
27), waste pile, facility
at which land farming
<nl>, land treatment,<ol>
or a land application
process is used, or an
injection well. Land disposal
does not include the
normal application of agricultural
chemicals or fertilizers[, nor
does it include disposal
of hazardous waste retrieved
or created due to remediation
of an inactive hazardous
waste disposal facility for
which no federal or state
permit was issued after
September 1, 1985].


<nl>   Noncommercial waste
storage, processing, or disposal
facility-Any facility that
accepts an industrial solid
waste or a hazardous
waste for storage, processing
(including incineration), or disposal
for no charge or that
stores, processes, or disposes
of wastes generated on
site by the facility.



sec.335.323. [Hazardous Waste]
Generation Fee Assessment.


(a) An annual [hazardous waste] generation fee is hereby
assessed each generator which generates [or possesses] <nl>Class
I industrial solid waste
or<ol> hazardous waste
or whose act first causes
<nl>such<ol> [a hazardous]
waste to become subject
to regulating under Subchapter
B of this chapter (relating
to Hazardous Waste Management
General Provisions) on or
after September 1, 1985.
These fees shall be deposited
in the hazardous and
solid waste [generation and
facility] fee fund. The
amount <nl>of a generation
fee<ol> [assessed each
generator] is determined by
the <nl>total amount of
Class I nonhazardous waste
or<ol> [annual] hazardous
waste <nl>generated<ol>
[generation rate calculated] during
the previous calendar year.
[A generator who produces
less than 100 kilograms
of hazardous waste per
month is not subject
to the assessment of
a generation fee. The
100 kilograms shall be
measured as the total
of all hazardous wastes
generated by a facility
in any calendar month.]
<nl>The annual generation
fee may not be less
than $50. The annual
generation fee for hazardous
waste shall not be more
than $25,000 and for
nonhazardous waste not more
than $1,000.


(b) (No change.)


(c) Wastewaters containing hazardous wastes which are
designated as hazardous solely because they exhibit a hazardous
characteristic as defined in 40 Code of Federal Regulations,
Part 261, Subpart C, relating to characteristics of hazardous
waste<nl>,<ol> and are
<nl>rendered nonhazardous by
neutralization<ol> [neutralized]
or <nl>other treatment
<ol> [otherwise treated] on-site
in totally enclosed treatment
facilities or wastewater treatment
units for which no permit
is required under sec.335.2
of this title (relating
to Permit Required) or
sec.335.41 of this title
(relating to Purpose, Scope,
and Applicability) are exempt
from the assessment of
hazardous waste generation fees.
This exemption from fee
assessment in no way
limits a generator's obligation
to report such waste
generation or waste management
activity under any applicable
provision of this chapter.


[(d) A facility which blends hazardous wastes to formulate
fuels to be burned for energy recovery is not subject to the
assessment of generation fees for that portion of a hazardous
waste fuel which is derived from wastes received from off-site
sources and which is otherwise subject to the assessment of generation
fees at the original point of generation or shipment. This exemption
from fee assessment applies only to wastes burned for energy
recovery which are regulated under Subchapter H of this chapter
(relating to Standards for the Management of Specific Wastes
and Specific Types of Facilities). This exemption does not apply
to wastes generated on-site which may be blended to form a hazardous
waste fuel and in no way limits a generator's obligation to report
such waste generation, management, or transportation activity
under any applicable provision of this chapter.]


<nl>(d)  Wastes generated
in a removal or remedial
action accom- plished through
the expenditure of public
funds from the hazardous
and solid waste remediation
fee fund shall be exempt
from any generation fee
assessed under this section.


(e) <nl>Generation<ol> [Hazardous
waste generation] fees are
to be assessed according
to the following schedule.


<nl>(1) Hazardous Waste:



<nl>(2) Nonhazardous Waste:


[graphic]



sec.335.324. Facility Fee
Assessment.


(a) An annual facility fee is hereby assessed on each
permittee who holds one or more <nl>Class I
industrial solid waste or
<ol> hazardous waste permits
and each facility operating
a <nl>Class I industrial
solid waste or<ol> hazardous
waste management unit subject
to permit authorization. These
fees shall be deposited
in the hazardous <nl>and
solid<ol> waste [generation
and facility] fees fund.
The fee for each year
is assessed on each facility
for which a permit or
the requirement to comply
with permit authorization is
in effect during any
part of the fiscal year.


(b) An applicant who has, prior to September 1, 1985,
submitted an affidavit of exclusion from permit requirements,
shall not be subject to the annual facility fee, pending a decision
by the commission on the affidavit of exclusion. If the commission
determines that the facility is subject to the permit requirement,
the applicant shall pay the fee within 30 days or is sub- ject
to the penalties for late payment established <nl>under
sec.335.331 of this title
(relating to Failure to
Make Payment or Report)
<ol> [herein].


(c) (No change.)


(d) The annual facility fee assessed is the cumulative
total of fees for all <nl>Class I industrial
solid waste or <ol>hazardous
waste management units at
the facility which are
authorized by permit or
subject to authorization on
September 1, <nl>1991<ol>
[1985], and September 1
of each year thereafter.
The minimum fee for each
<nl>hazardous waste<ol>
facility shall be $2,500.
<nl>The maximum fee for
each hazardous waste facility
shall be $25,000. The
minimum fee for each
facility authorized to manage
only nonhazardous waste shall
be $500 and the maximum
fee $5,000.


<nl>(e) A fee under
this section for storage
or processing in tanks
or containers will not
be assessed against the
owner or operator of
an elementary neutralization unit
or wastewater treatment unit
exempt from the requirement
of a permit under 
s335.41(d) of this title
(relating to Purpose, Scope,
and Applicability).


<nl>(f) An "other unit,"
for the purposes of subsection
(i) of this section,
is an incinerator, thermal
processing unit, or other
processing unit, not otherwise
listed in subsection (i)
of this section, used
for waste reduction, recycling,
or hazard reduction and
subject to compliance with
permit requirements.


<nl>(g)<ol> For facilities
which require post-closure care
permits [as described in
paragraph (8) of this
subsection], the fee for
a closed unit shall apply.
<nl>A fee is assessed
for each unit which received
waste after January 26,
1983, and which has been
closed pursuant to an
approved closure plan and
which is subject to the
post-closure care permit requirements.
Disposal units which are
closed in a manner such
that all hazardous wastes
and hazardous constituents are
removed pursuant to an
approved closure plan are
not subject to the fee.
<ol>[Fees shall be assessed
as follows:


[(1) Storage or processing in tanks and containers
-$0.02 per gallon of storage capacity, except the minimum fee
for this category shall be $2,500. This fee shall not be assessed
against the owner or operator of an elementary neutralization
unit or wastewater treatment unit exempt from the requirement
of a permit under sec.335. 41(d) of this title (relating to
Purpose, Scope, and Applicability).


[(2)  Land treatment units-$4,000 per surface acre,
except that the minimum fee for this category shall be $4,000.


[(3) Waste piles-$4,000 per surface acre, except
that the minimum fee for this category shall be $4,000.


[(4) Storage or processing in surface impoundments
-$5,000 per surface acre, except that the minimum fee for this
category shall be $5,000.


[(5) Landfills-$5,000 per surface acre, except that
the minimum fee for this category shall be $5,000.


[(6) Injection wells-$10,000 for each injection
well authorized for the disposal of hazardous waste.


[(7)  Other units-$2,500 for each incinerator, thermal
processing unit and processing unit, (other than those listed
in paragraphs (1)-(6) of this subsection) used for waste reduction,
recycling, and hazard reduction. A facility fee assessment is
applicable only to a unit required to comply with interim status
or permitting requirements.


[(8) Closed disposal units-$2,500 for each unit
which received waste after January 26, 1983, and which has been
closed pursuant to an approved closure plan and which is subject
to the post-closure care permit requirements. Disposal units
which are closed in a manner such that all hazardous wastes and
hazardous constituents are removed pursuant to an approved closure
plan are not subject to the fee.]


<nl>(h) <ol>[(e)] The
facility fee assessment in
subsection <nl>(i)(2)-(5)<ol>[(d)(2)
-(5)] of this section
shall be based on the
surface area of the [hazardous]
waste <nl>management<ol>
unit <nl>in<ol> [on]
which the storage<nl>,
treatment<ol>, or disposal
of [hazardous] waste has
been authorized.


<nl>(i) Facility fees shall
be assessed according to
the following schedule.


[graphic]



sec.335.325. Hazardous Waste
Management Fee Assessment.


(a) A fee is hereby assessed on each owner or operator
of a commercial hazardous waste storage, processing, or disposal
facility, except as provided in subsections (b) -(e) of this
section, for hazardous wastes which are stored, processed, disposed,
or otherwise managed on or after September 1, 1991. A fee is
hereby assessed on each owner or operator of a noncommercial
hazardous waste storage, processing, or disposal facility, except
as provided in subsections (b)-(e) of this section, for hazardous
wastes which are stored, processed, disposed, or otherwise managed
on or after October 1, 1991.


(b) A fee imposed on the owner or operator of a commercial
hazardous waste storage, processing, or disposal facility for
hazardous wastes which are generated in this state and received
from an affiliate or wholly owned subsidiary of the commercial
facility, or from a captured facility, shall be the same fee
imposed on a noncommercial facility. For the purpose of this
section, an affiliate of a commercial hazardous waste facility
must have a controlling interest in common with that facility.


(c) The storage, processing, or disposal of hazardous
wastes generated in a removal or remedial action accomplished
through the expenditure of public funds from the hazardous and
solid waste remediation fee fund shall be exempt from the assessment
of a waste management fee under this section.


(d) A fee shall not be imposed on the owner or operator
of a waste storage, processing, or disposal facility for the
storage of hazardous wastes, provided that such wastes are stored
for less than 90 days.


(e) A fee may not be imposed under this section on the
operation of a facility permitted under the Water Code, Chapter
26, or the federal national pollutant discharge elimination system
program for wastes treated, processed, or disposed of in a wastewater
treatment system that discharges into surface waters of the state.


(f) The hazardous waste management fee authorized under
this section shall be based on the total weight or volume of
a hazardous waste except for wastes which are disposed of in
an underground injection well in which case the fee shall be
based on the dry weight of the waste, measured in dry weight
tons (dwt), as defined in sec.335.322 of this title (relating
to Definitions) and sec.335.326 of this title (relating to
Dry Weight Determination).


(g) The hazardous waste management fee for wastes generated
in this state shall not exceed $20 per ton for wastes which are
landfilled.


(h) The operator of a hazardous waste storage, processing,
or disposal facility receiving hazardous waste from out-of-state
generators shall be assessed the fee amount required on wastes
generated in state plus an additional increment to be established
by rule, except as provided in subsection (k) of this section.


(i) for the purposes of subsection (j) of this section,
energy recovery means the burning or incineration of a hazardous
waste fuel and fuel processing means the handling of a waste
fuel, including storage and blending, prior to its disposal by
burning.


(j) Except as provided in subsections (k)-(o) of this
section, hazardous waste fees shall be assessed according to
the following schedule.


[graphic]


(k) For hazardous wastes which are generated out-of-state,
the fee will be that specified in subsection (j) of this section,
except that the fee for hazardous wastes which are legitimately
reclaimed, reused, or recycled and the fee for the storage, processing,
incineration, and disposal of hazardous waste fuels shall be
the same for wastes generated out-of-state and in-state.


(l)  Except as provided in subsection (m) of this section,
only one hazardous waste management fee shall be paid for a hazardous
waste managed at a facility. In any instance where more than
one fee could be applied under this section to a specific volume
of waste, the higher of the applicable fees will be assessed.


(m) A fee for storage of hazardous waste shall be assessed
in addition to any fee for other waste management methods at
a facility. No fee shall be assessed under this section for the
storage of a hazardous waste for a period of less than 90 days
as determined from the date of receipt or generation of the waste
(or the effective date of this section). The fee rate specified
in the schedule under subsection (j) of this section shall apply
to the storage of waste from 90 to 180 days. A fee of one-half
of the amount specified in subsection (j) shall be assessed for
each subsequent 90-day period, or part of such period, beyond
the initial 180 days of storage.


(n) A facility which receives waste transferred from
another facility shall pay any waste management fee applicable
under this section and shall not receive credit for any fee applied
to the management of the hazardous waste at the facility of origin.


(o) The fee rate for incineration of aqueous wastes containing
1.0% or less of total organic carbon will be 10% of the fee for
incineration under the schedule in subsection (j) of this section.



sec.335.326. Dry Weight
Determination.


(a) The method of calculating the dry weight of each
hazardous waste stream shall be determined initially and at any
time the waste stream undergoes a significant change in water
content using the appropriate method(s) as specified in this
section. Determinations shall be made from a representative sample
collected by grab or composite. Collection methods and sample
preservation shall be by methods to minimize volatilization.


(1) Hazardous wastes which contain suspended solids greater
than or equal to 15% of the sample on a weight basis shall have
the dry weight determination calculated using the method specified
in Appendix I in sec.335.332 of this title (relating to Appendices
I and II).


(2)  Aqueous based hazardous wastes which contain suspended
solids less than 15% of the sample by weight basis and which
contain a single liquid phase shall have the dry weight determination
calculated using Standard Methods
for the Examination of
Water and Wastewater<ol>,
15th Edition; Method 209A;
pages 92-93 or equivalent
method in later editions.


(3) Organic based hazardous wastes which contain suspended
solids less than 15% of the sample by weight and which contain
a single liquid phase shall have the dry weight determination
calculated using:


(A) 1981 Annual Book
of ASTM Standards<ol>,
Part 30; Method E203,
pages 803-812 or equivalent
method in later editions;
or


(B) the method specified in Appendix II in sec.335.332
of this title (relating to Appendices I and II).


(4) Hazardous wastes which do not meet any of the criteria
specified in paragraphs (1)-(3) of this subsection shall have
the dry weight determination calculated using:


(A) the 1981 Annual Book
of ASTM Standards<ol>,
Part 23; Method D96,
pages 64-81 or equivalent
method in later editions;
or


(B) the method specified in Appendix II in sec.335.332
of this title (relating to Appendices I and II); or


(C) the 1981 Annual Book
of ASTM Standards<ol>,
Part 23; Method D95,
pages 59-63 or equivalent
method in later editions.
Method D96 deter- mines
the water and sediment
content of the sample.
The calculations shall be
modified to determine only
the water content.


(5) The method for calculating the dry weight shall be
that method specified in Appendix I in sec.335.332 of this
title (relating to Appendices I and II) or an alternate method
selected by the generator pursuant to sec.335.327 of this title
(relating to Alternate Methods of Dry Weight Determination),
if the hazardous waste cannot be analyzed by one of the other
required methods of this section due to interfering constituents.
Documentation identifying the method of analysis and describing
the interference shall be maintained by the generator.


(b) Hazardous wastes containing free liquids which are
designated for disposal in a landfill and must be solidified
prior to disposal shall have the dry weight determination made
on the hazardous waste, prior to the addition of the solidification
agent.



sec.335.327. Alternate Methods
of Dry Weight Determination.


(a)  Generators may select other test methods for the
purpose of calculating the dry weight of their hazardous waste
where one of the methods provided in sec.335. 326 of this title
(relating to Dry Weight Determination) is not applicable. Technical
justification must be sent to the executive director, demonstrating
that the proposed method will produce an accurate determination
of the dry weight ratio of the waste unless the executive director
has provided written approval for use of the alternate method.
Use of an evaporation temperature above 75 degrees Celsius will
be allowed only on demonstration that the waste stream contains
appreciable volatile compounds that exhibit higher evaporation
temperatures. Where practicable, results from the proposed test
methods and the required method should be compared. Applicability
of this item to such dry weight determinations is subject to
review by the executive director.


(b)  Generators may elect to declare the total wet weight
of the hazardous waste as the dry weight.



sec.335.328. Fees Payment.


(a) Generation and facility fees are payable each year
for all Class I industrial solid waste and hazardous waste generators,
permittees, and facilities. Fees must be paid by check, certified
check, or money order payable to "Texas Water Commission." Annual
facility fees are payable by permittees, owners, or operators
regardless of whether the facility is in actual operation. All
annual generation and facility fees shall be due by a date to
be established by the Texas Water Commission at the time payment
is requested.


(b) Hazardous waste management fees are to be paid monthly
by each operator of a hazardous waste storage, processing, or
disposal facility for wastes managed subject to the provisions
of sec.335.325 of this title (relating to Hazardous Waste Management
Fee Assessment) in that month. Fees must be paid by check, certified
check, or money order to "Texas Water Commission" and shall be
due by the 25th day following the end of the month for which
payment is due.



sec.335.329. Records and
Reports.


(a) Generators are required to keep records of the following:


(1)  all hazardous waste and industrial solid waste activities
regarding the quantities generated, stored, processed, and disposed
on-site or shipped off-site for storage, processing, or disposal
in accordance with the requirements of sec.335.9 of this title
(relating to Recordkeeping and Annual Reporting Procedures Applicable
to Generators);


(2) the dry weight amount of each hazardous waste which
is designated for disposal in an underground injection well.
In addition, generators are required to provide each operator
of a hazardous waste underground injection well facility a certificate
of computation of the dry weight to be disposed. For each off-site
shipment, the dry weight amount of each hazardous waste is to
be recorded in Item J of the uniform hazardous waste manifest
as required in sec.335.30 of this title (relating to Appendix
I); and


(3) documentation of the basis for the assessment of
any applicable commercial or non-commercial hazardous waste management
fee as determined under sec.335.325 of this title (relating
to Hazardous Waste Management Fee Assessment), including any
exemption or adjustment.


(b) Generators are to submit the appropriate reports
under sec.335.13(b) of this title (relating to Recordkeeping
and Reporting Procedures Applicable to Generators Shipping Hazardous
Waste or Class I Waste and Primary Exporters of Hazardous Waste)
on forms furnished or approved by the executive director.


(c) Owners or operators of hazardous waste storage, processing,
and disposal facilities are required to keep records of the following:


(1)  the amount of each hazardous waste stored, processed,
or disposed on-site. Such records shall include the dry weight
amount of each hazardous waste disposed in each hazardous waste
underground injection well unit at the facility; and


(2) documentation of the basis for the assessment of
any applicable commercial or noncommercial hazardous waste management
fee as determined under sec.335.325 of this title (relating
to Hazardous Waste Management Fee Assessment), including any
exemption or adjustment.


(d)  Owners or operators of hazardous waste storage,
processing, and disposal facilities are to submit the appropriate
reports required under sec.335.15(2) of this title (relating
to Recordkeeping and Reporting Requirements Applicable to Owners
or Operators of Storage, Processing, or Disposal Facilities).


(e)  Owners or operators of hazardous waste storage,
processing, or disposal facilities shall:


(1) retain such records required by subsection (c) of
this section for a minimum of three years from the date of reporting
in sec.335. 323 of this title (relating to Hazardous Waste
Generation Fee Assessment); and


(2) submit a monthly on-site hazardous waste management
summary on forms furnished or approved by the executive director
containing such information for each month of the fiscal year
as is specified in subsection (c) of this section to the Texas
Water Commission for the purpose of assessment of fees under
sec.335. 325 of this title (relating to Hazardous Waste Management
Fee Assessment). This summary report shall be due by the 25th
day following the end of the month for which a report is made.
An owner or operator must keep a copy of each summary for a period
of at least three years from the due date of the summary. An
owner or operator required to comply with this subsection shall
continue to prepare and submit monthly summaries, regardless
of whether any storage, processing, or disposal was made during
a particular month, by preparing and submitting a summary indicating
that no hazardous waste was managed during that month.


(f) The periods of record retention required by this
section are automatically extended during the course of any unresolved
enforcement action regarding the regulated activity.



sec.335.330. Cancellation, Revocation,
and Transfer.


(a)  Cancellation or revocation of a permit, or termination
of interim status, whether by voluntary action on the part of
the applicant or permittee or as a result of involuntary proceedings
initiated by the commission, will not constitute grounds for
refund, in whole or in part, of any fee paid by the permittee
or applicant.


(b) Transfer of facility ownership will not entitle the
transferring permittee, applicant, or generator to a refund,
in whole or in part, of any fee already paid by the permittee,
applicant, or generator. The transferring permittee, applicant,
or generator remains liable for any unpaid portion of fee assessed
which accrued during his ownership. Any permittee, applicant,
or generator to whom facility ownership or a permit is transferred
shall be liable for any of the fees assessed after date of transfer.
Payment by her the transferring permittee, applicant, or generator,
or by the permittee, applicant, or generator to whom the ownership
was transferred shall constitute full payment for any fees assessed.


(c) A generator who ceases generation of industrial solid
waste or hazardous waste due to a change of process or closing
of operations shall not be eligible for a refund, in whole or
in part, of any fee paid.



sec.335.331. Failure to
Make Payment or Report.


(a) Failure to make payment in accordance with this subchapter
constitutes a violation subject to enforcement pursuant to the
Health and Safety Code, sec.361.137 and sec.361.252.


(b) Generators and owners or operators of a facility
failing to make payment of the fees imposed under the Health
and Safety Code, Chapter 361 shall be assessed interest at an
annual rate of 15% of the amount of the fee due accruing from
the date on which the fee is due.


(c) Operators of hazardous waste management facilities
submitting late reports concerning the management of hazardous
waste under the Health and Safety Code, sec.361.136, are subject
to a civil penalty of $100 for each day the violation continues.


(d) Any interest or penalties collected by the commission
shall be deposited in the appropriate fund.



sec.335.332. Appendices I
and II.<ol> The following
appendices will be used
for the purposes of this
subchapter. (Appendix I-Dry
Weight Determination for Solids
Based Hazardous Waste; Appendix
II-Dry Weight Determination
for Oil and Organic Based
Hazardous Waste).








[graphic]

Issued in Austin, Texas on August 28, 1991.

TRD-9110533

Jim Haley

Director, Legal Division

Texas Water Commission

Effective date: August 28, 1991

Expiration date: December 26, 1991

For further information, please call: (512) 463-8069

   
   


Subchapter J. Hazardous Waste Generation, Facility and Disposal
Fees System


31 TAC sec.sec.335.325-335.333


The repeals are adopted on an emergency basis under the Health
and Safety Code, Chapter 361, Subchapter D, as amended by House
Bill 1986, Acts of the 72nd Legislature, 1991, which authorizes
the commission to establish an industrial solid waste and hazardous
waste fee program and to implement fee assessments for the commercial
and noncommercial management of hazardous wastes. Senate Bill
2, Article 1.100, Acts of the 72nd Legislature, First Called
Session, 1991, authorizes the commission to adopt rules on an
emergency basis, to be effective September 1, 1991, implementing
any changes in fee revenue authority provided by legislation
enacted by the 72nd Legislature. The commission finds that an
urgent need exists to repeal these sections on an emergency basis
in order to adopt new sections which will implement the provisions
of House Bill 1986 and provide necessary funds for the continued
operation of the state's industrial solid waste and hazardous
waste regulatory and remediation programs beginning with the
new state fiscal year on September 1, 1991.



sec.335.325. Disposal Fee
Assessment.



sec.335.326. Commercial Fee
Assessment.



sec.335.327. Dry Weight
Determination.



sec.335.328. Alternate Methods
of Dry Weight Determination.



sec.335.329. Fees Payment.



sec.335.330. Records and
Reports.



sec.335.331. Cancellation, Revocation,
and Transfer.



sec.335.332. Failure to
Make Payment or Report.



sec.335.333. Appendices I
and II.


Issued in Austin, Texas, on August 28, 1991.

TRD-9110532

Jim Haley

Director, Legal Division

Texas Water Commission

Effective date: August 28, 1991

Expiration date: December 26, 1991

For further information, please call: (512) 463-8069

   
   


TITLE 34. PUBLIC FINANCE

Part I. Comptroller of Public Accounts

Chapter 3. Tax Administration


Subchapter Y. Controlled Substances Tax


34 TAC sec.3.681


The Comptroller of Public Accounts adopts on an emergency
basis an amendment to sec.3.681, concerning imposition and
rate of tax. This amendment is adopted on an emergency basis
to conform with changes made to the Controlled Substances Tax
by the 72nd Legislature, 1991. It creates a new category of taxable
substances not sold by weight and provides a definition for that
term. The changes are effective September 1, 1991.

The amendment is adopted on an emergency basis under the Tax
Code, sec.111.002, which provides the comptroller with the
authority to prescribe, adopt, and enforce rules relating to
the administration and enforcement of the provisions of the Tax
Code, Title 2.



sec.3.681. Imposition and
Rate of Tax.


(a)-(d) (No change.)


(e) The rate of the tax is:


(1) for taxable substances other than marihuana, and
for taxable substances containing both marihuana and another
taxable substance, $200 per gram or part of a gram; [and]


(2) for marihuana, $3.50 per gram or part of a gram
<nl>; and<ol> [.]


<nl>(3) for taxable substances
not sold by weight, $2,000
on each 50 dosage units,
or portion thereof.


(f)-(g) (No change.)


<nl>(h) The phrase "taxable
substances not sold by
weight" used in this
chapter, shall include substances
sold in tablet, capsule,
pill, vial, ampule, or
sheet form. If a taxable
substance could be sold
either by weight or dosage
unit, the comptroller shall
assess the taxable substance
in the manner which will
produce the largest assessment.


Issued in Austin, Texas on August 28, 1991.

TRD-9110485

Martin Cherry

Chief, General Law Section

Comptroller of Public Accounts

Effective date: September 1, 1991

Expiration date: December 30, 1991

For further information, please call: (512) 463-4028

   
   


34 TAC sec.3.682


The Comptroller of Public Accounts adopts on an emergency
basis an amendment to sec.3.682, concerning tax payment certificates.
This amendment is adopted on an emergency basis to conform with
changes made to the Controlled Substances Tax by the 72nd Legislature,
1991. It provides for the creation of a new tax payment certificate
for taxable substances not sold by weight. The amendment is effective
September 1, 1991.

The amendment is adopted on an emergency basis under the Tax
Code, sec.111.002, which provides the comptroller with the
authority to prescribe, adopt, and enforce rules relating to
the administration and enforcement of the provisions of the Tax
Code, Title 2.



sec.3.682. Tax Payment
Certificates.


(a)-(g) (No change.)


<nl>(h) Tax payment certificates
for taxable substances not
sold by weight will be
available in the following
category:


[graphic]


Issued in Austin, Texas on August 28, 1991.

TRD-9110484

Martin Cherry

Chief, General Law Section

Comptroller of Public Accounts

Effective date: September 1, 1991

Expiration date: December 30, 1991

For further information, please call: (512) 463-4028

   
   

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 22. EXAMINING BOARDS

Part XXIII. Texas Real Estate Commission

Chapter 535. Provisions of the Real Estate License Act


Termination of Salesman's Association with Sponsoring Broker


22 TAC sec.535.123


The Texas Real Estate Commission proposes new sec.535.123,
concerning inactive broker status. The new section is necessary
to implement provisions of Senate Bill 432, 72nd Legislature
(1991) which permit real estate brokers to be placed on inactive
status by the commission. Inactive brokers may not practice real
estate or sponsor salesmen.

The new section would require a real estate broker to request
to be placed on inactive status on a form approved by the commission
for that purpose and to provide at least 30 days notice to any
salesmen sponsored by the broker. The inactive broker would return
his license certificate to the commission. To return to practice,
the broker would apply for return to active status. If the application
for return to active status is filed 36 months or less since
the broker was placed on inactive status, return to active status
would be conditioned upon broker completing 15 hours of approved
mandatory continuing education courses in the two-year period
prior to the filing of the application. If the broker's application
is filed more than 36 consecutive months after the broker became
inactive, the new section would require the broker to satisfy
current examination and education requirements and pay the fees
related to those requirements.

The new section would prohibit a broker from returning to
practice until the broker has received a new license certificate
from the commission. The broker would not be required to display
a license certificate during any period on inactive status.

Donald C. Roose, education officer, has determined that for
the first five-year period the section is in effect there will
be no fiscal implications for state or local government as a
result of enforcing or administering the section.

Mr. Roose also has determined that for each year of the first
five years the section is in effect the public benefit anticipated
as a result of enforcing the section is an orderly procedure
for real estate brokers to be placed on, or return from, inactive
status. There will be no effect on small businesses. There is
an anticipated economic cost to persons who are required to comply
with the proposed section. Brokers returning to active status
within 36 months or less are required to complete 15 hours of
approved mandatory continuing education courses; these courses
are available at a cost of $3.00 to $10 per credit hour. Although
the section would require brokers returning to active status
after more than 36 months because of the examination that would
be required for return to active status. There will be no impact
on local employment.

Comments on the proposal may be submitted to Donald C. Roose,
Education Officer, Texas Real Estate Commission, P.O. Box 12188,
Austin, Texas 78711-2188.

The new section is proposed under Texas Civil Statutes, Article
6573a, sec.5(h) , which authorize the Texas Real Estate Commission
to adopt and enforce all rules and regulations necessary for
the performance of its duties.



sec.535.123. Inactive Broker
Status.


(a) For the purposes of this section, "inactive broker"
means a licensed broker who does not sponsor salesmen or perform
any activities for which a broker license is requires and who
has been placed on inactive status by the commission.


(b) To be placed on inactive status, a broker must do
the following:


(1) apply to the commission on a form approved by the
commission for that purpose;


(2) confirm in writing that the broker has given any
salesmen sponsored by the broker written notice of termination
of sponsorship by the broker written notice of termination of
sponsorship at least 30 days prior to filing the request for
inactive status; and


(3) return the broker's current license certificate to
the commission.


(c) A broker who has been placed on inactive status may
apply to the commission for return to active status on a form
approved by the commission.


(1) If the application for return to active status is
filed within 36 months after the commission placed the broker
on inactive status, the broker must have attended at least 15
hours of mandatory continuing education as specified in Texas
Civil Statutes, Article 6573a, sec.7A, (the Act) during the
two-year period preceding the filing of the application.


(2) If the application for return to active status is
filed more than 36 months after the commission placed the broker
on inactive status, the broker must do the following to be returned
to active status:


(A) pay the current fee for an application for a license
examination;


(B) successfully complete a broker license examination
within six months from the time the broker is authorized to sit
for the examination;


(C) pay the current fee for transcript evaluation; and


(D) satisfy current educational requirements for original
broker licensing.


(d) A broker who has been returned to active status may
not practice real estate brokerage until the broker has received
a new license certificate from the commission. A broker on inactive
status is not subject to the requirements of the Act, sec.12(c),
regarding display of license.


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 23, 1991.

TRD-9110370

Mark A. Moseley

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: October 3, 1991

For further information, please call: (512) 465-3900

   
   

Chapter 537. Professional Agreements and Standard Contracts


Standard Contract Forms


22 TAC sec.sec.537.11,
537.13, 537.23, 537.28, 537.29, 537.33


The Texas Real Estate Commission proposes amendments to 
ssec.537.11, 537.13, 537.23, 537.28, 537.29, and 537.33,
concerning professional agreements and standard contracts.

The amendments replace five existing standard contract forms
with revised forms which have been developed by the Texas Real
Estate Broker-Lawyer Committee. Texas real estate licensees are
generally required to use contract forms approved by the commission
when the licensees act as agents in the negotiation of real estate
sales. The amendment to sec.537.11 clarifies that reproduction
of promulgated forms must be on the same size of paper used by
the commission in the promulgated version of the forms. The five
revised forms are the first mandatory contract forms promulgated
on letter-sized, 81/2-inch by 11-inch paper. The amendment to
sec.537.11 also renumbers forms which are being replaced. Single
copies or slick proofs of each form will ultimately be available
from the commission; private printers and trade associations
are expected to supply the forms to persons wishing to obtain
copies in volume.

The amendment to sec.537.12 adopts by reference a revised
Property Condition Addendum, Form TREC Number 2-3. The form has
been modified to require repairs if the items marked for inspection
are reported to be in need of repair. Items to be inspected are
grouped as basic foundation only, basic structural items, including
the foundation, basic mechanical, and other systems and attachments.
Space has also been provided for a buyer to specify additional
inspections to be performed.

The amendment to sec.537.23 adopts by reference a revised
Release of Liability on Assumption of FHA, VA, or Conventional
Loan-Restoration of Seller's Entitlement for VA Guaranteed Loan,
Form TREC Number 12-1. The form has been modified to permit the
seller and buyer to apply for release of the seller's liability
on loans being assumed, as well as for restoration of the seller's
VA entitlement.

The amendment to sec.537.28 adopts by reference a revised
One to Four Family Residential Earnest Money Contract (Resale)-All
Cash, Assumption, Third Party Conventional or Seller Financed,
Form TREC Number 20-1. The form has been modified by adding-certain
items attached to the real property to be included in the sale,
space to designate items not included in the sale, and a provision
to indicate whether the property is subject to mandatory membership
in an owners' association. The form is also modified to permit
a variance above $350 in the balance of an assumed loan to be
eliminated by either party. Private mortgage insurance (PMI)
may be required as part of a loan; PMI may be paid in cash or
added to the amount to be financed as a condition of the contract.
The seller may reduce the sales price to the lender's appraised
value if the loan requested by the buyer is reduced due to the
appraisal. The terms of the promissory note used in seller financing
have been removed and placed in revised Form TREC Number 26-1.
Approval of the buyer's credit is no longer limited to sales
in which seller financing is involved. The buyer's failure to
provide documentation of creditworthiness to the seller within
the specified time has been made a ground for the seller to terminate
the contract. Failure to deposit earnest money would be a default
by the buyer. The buyer is permitted to object to certain standard
exclusions or exceptions to the title insurance policy if those
items prohibit a specified use or activity concerning the property.
A provision requiring a survey and permitting objections to be
made based on the survey has been added to the form. A provision
has also been added to cause disputes to be submitted to mediation.

A number of changes to Form TREC Number 20-1 concern the condition
of the property. A separate expense cap has been added for the
cost of treatment and repairs resulting from termites and other
wood-destroying insects. The buyer's loan approval would no longer
be a condition for the seller's notification of the buyer as
to whether excess costs will be paid. A provision has been added
permitting the buyer to pay a nonrefundable fee to the seller,
inspect the property, and terminate the contract within a specified
time if the condition of the property is unacceptable.

A provision has also been added for insertion of the broker's
fee if there is no separate agreement between the seller and
the broker. Failure to close by the closing date would no longer
permit exercise of default remedies immediately and without notice.
Sales expenses have been updated to include items such as owner
title policy guaranty and recoupment fees and loan warehouse
and underwriting fees. Payment of loan discount and buydown fees
has been modified so that the seller pays a specified percentage
of the loan and the buyer pays the remainder. The prorations
paragraph is revised to clarify the disposition of any escrow
account maintained by a lender for an assumed loan. The default
provisions have been modified so as to permit an election to
enforce specific performance, seek other relief provided by law,
or both, or to terminate the contract. A provision has been added
to require the escrow agent to pay the earnest money to the party
demanding it if the other party has not objected after being
notified by the escrow agent of the demand. A number of nonsubstantive
changes are also made for clarity.

The amendment to sec.537.29 adopts by a reference a revised
One to Four Family Residential Earnest Money Contract (Resale)-FHA
Insured or VA Guaranteed Financing, Form TREC Number 21-1. The
changes made to Form TREC Number 21-1 parallel those made to
provisions also appearing in TREC Number 20-1.

The amendment to sec.537.33 adopts by reference a revised
Seller Financing Addendum, Form TREC Number 26-1. The form has
been modified to provide the terms of the promissory note from
the buyer to the seller. The provisions concerning the content
of the deed of trust have been rewritten for clarity, and the
maker of the note would be obligated to provide annual proof
of paid-up insurance naming the payee as an insured.

Mark A. Moseley, general counsel, has determined that for
the first five-year period the sections are in effect there will
be fiscal implications for state government as a result of enforcing
or administering the sections. The effect on state government
is an estimated increase in revenue of $2,800 in 1991 and $380
each year thereafter resulting from sales of slick proofs of
contract forms. Revenues would be offset by comparable expenses
for printing and mailing the forms. There will be no fiscal implications
for local government or any anticipated impact on local or statewide
employment as a result of implementing the sections.

Mr. Moseley 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
availability of revised standard contract forms for use by Texas
real estate licensees and the general public. There will be no
effect on small businesses. Persons who are required to comply
with the sections as proposed may expect to pay $3.50 or more
per pad of 50 copies of each form available from private printers
or trade associations.

Comments on the proposal may be submitted to Mark A. Moseley,
General Counsel, Texas Real Estate Commission, P.O. Box 12188,
Austin, Texas 78711-2188.

The amendments are proposed under Texas Civil Statutes, Article
6573a, sec.16, which provide the Texas Real Estate Commission
with the authority to adopt rules and regulations requiring real
estate brokers and salesmen to use contract forms which have
been prepared by the Texas Real Estate Broker-Lawyer Committee
and promulgated by the commission.



sec.537.11. Use of
Standard Contract Forms.


(a) Standard Contract Form TREC Number <nl>2-3
<ol> [2-2] is promulgated
for use as an addendum
only to another promulgated
standard contract form. Standard
Contract Form TREC Number
9-1 is promulgated for
use in the sale of
unimproved property where intended
use is for one to
four family residences. Standard
Contract Form TREC Number
10-1 is promulgated for
use as an addendum concerning
sale of other property
by a buyer to be
attached to promulgated forms
of contracts. Standard Contract
Form TREC Number 11-1
is promulgated for use
as an addendum to be
attached to promulgated forms
of contracts which are
second or back-up contracts.
Standard Contract Form TREC
Number <nl>12-1<ol> [12-0]
is promulgated for use
as an addendum to be
attached to promulgated forms
of contracts where there
is a Veterans Administration
release of liability or
restoration entitlement. Standard
Contract Form TREC Number
13-0 is promulgated for
use as an addendum concerning
new home insulation to
be attached to promulgated
forms of contracts. Standard
Contract Form TREC Number
14-0 is promulgated for
use as an addendum concerning
financing conditions to be
attached to promulgated contracts
where there is a conventional
loan. Form TREC Number
15-1 is promulgated for
use as a residential
lease when a seller temporarily
occupies property after closing.
Standard Contract Form TREC
Number 16-1 is promulgated
for use as a residential
lease when a buyer temporarily
occupies property prior to
closing. Standard Contract Form
TREC Number <nl>20-1<ol>
[20-0] is promulgated for
use in the resale of
residential real estate where
there is all cash or
owner financing, an assumption
of an existing loan,
or a conventional loan.
Standard Contract Form TREC
Number <nl>21-1<ol> [21-0]
is promulgated for use
in the resale of residential
real property where there
is a Veterans Administration
guaranteed loan or a
Federal Housing Administration
insured loan. Standard Contract
Form TREC Number 23-0
is promulgated for use
in the sale of a
new home where construction
is incomplete. Standard Contract
Form TREC Number 24-0
is promulgated for use
in the sale of a
new home where construction
is completed. Standard Contract
Form TREC Number 25-0
is promulgated for use
in the sale of a
farm or ranch. Standard
Contract Form TREC Number
<nl>26-1<ol> [26-0] is
promulgated for use as
an addendum concerning seller
financing.


(b)-(i)  (No change.)


(j) Forms approved or promulgated by the commission 
<nl>must<ol> [may] be reproduced
<nl>on the same size
of paper used by the
commission with the following
changes or additions only.


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



sec.537.13. Standard Contract
Form TREC Number <nl>2-3
 [2-2]. <ol> The
Texas Real Estate Commission
adopts by reference standard
contract form TREC Number
<nl>2-3<ol> [2-2] approved
by the Texas Real Estate
Commission in <nl>1991
<ol> [1985]. This document
is published by and available
from the Texas Real Estate
Commission, P.O. Box 12188,
[Capitol Station,] Austin, Texas
78711<nl>-2188.



sec.537.23. Standard Contract
Form TREC Number <nl>12-1
 [12-0]. <ol> The
Texas Real Estate Commission
adopts by reference standard
contract form TREC Number
12-1  [12-0] approved by
the Texas Real Estate
Commission in <nl>1991
<ol> [1982]. This document
is published by and available
from the Texas Real Estate
Commission, P.O. Box 12188,
[Capitol Station,] Austin, Texas
78711<nl>-2188.



sec.537.28. Standard Contract
Form TREC Number <nl>20-1
 [20-0]. <ol> The
Texas Real Estate Commission
adopts by reference standard
contract form TREC Number
<nl>20-1<ol> [20-0] approved
by the Texas Real Estate
Commission in <nl>1991
<ol> [1985]. This document
is published by and available
from the Texas Real Estate
Commission, P.O. Box 12188,
[Capitol Station,] Austin, Texas
78711<nl>-2188.



sec.537.29. Standard Contract
Form TREC Number <nl>21-1
 [21-0]. <ol> The
Texas Real Estate Commission
adopts by reference standard
contract form TREC Number
<nl>21-1<ol> [21-0] approved
by the Texas Real Estate
Commission in <nl>1991
<ol> [1985]. This document
is published by and available
from the Texas Real Estate
Commission, P.O. Box 12188,
[Capitol Station,] Austin, Texas
78711<nl>-2188.



sec.537.33. Standard Contract
Form TREC Number <nl>26-1
 [26-0]. <ol> The
Texas Real Estate Commission
adopts by reference standard
contract form TREC Number
<nl>26-1<ol> [26-0] approved
by the Texas Real Estate
Commission in <nl>1991
<ol> [1987]. This document
is published by and available
from the Texas Real Estate
Commission, P.O. Box 12188,
[Capitol Station,] Austin, Texas
78711<nl>-2188.


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 23, 1991.

TRD-9110371

Mark A. Moseley

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: October 4, 1991

For further information, please call: (512) 465-3900

   
   

Part XXXII. State Committee of Examiners for Speech-Language
Pathology and Audiology

Chapter 741. Speech-Language Pathologists and Audiologists


Subchapter A. Introduction


The State Committee of Examiners for Speech-Language Pathology
and Audiology proposes amendments to existing sec.sec.741.2,
741.12, 741.19, 741.41, 741.61, 741.63, 741.64, 741.81, 741.83,
741. 84, 741.102, 741.122, 741.143, 741.162, 741.163, 741.181;
proposes the repeal of existing sec.sec.741.25-741.26; and
proposes new sec.sec.741.25 and 741.26, concerning speech-language
pathology and audiology. Section 741.2 covers definitions; 
s741.12 and sec.741.19 covers subcommittees and minutes of
meetings; sec.741.41 covers code of ethics; sec.sec.741.61,
741.63, and 741.64 covers academic requirements for examination
and licensure for speech-language pathologists; sec.sec.741.81,
741.83, and 741.84 cover requirements for examination and licensure
for audiologists; sec.741.102 covers general application procedures;
sec.741.122 covers frequency of licensure examinations; 
s741.143 covers issuance of license; sec.741.162 and sec.741.163
cover license renewal; and sec.741.181 covers schedule of fees
and late renewal penalties. Repealed and new sec.741.25 and
sec.741.26 cover reimbursement for expenses and the policy
regarding handicapped or disabled applicants.

The amendments will delete unnecessary language in definitions;
allow appointment of non-committee members to subcommittees or
ad hoc committees; include dissenting vote on motions in the
minutes; establish a requirement that supervisors are responsible
for services provided by support personnel; require submission
of college or university transcripts for all applicants when
applying for license or intern registration; reorganize and expand
intern guidelines to include an update of registration every
six months and provide a method to determine if an applicant
has sufficient coursework for a dual internship; revise requirements
for the licensed associate to require the filing of a supervisory
responsibility statement with a change of supervisors; establish
requirements for alternate "on-site" supervision; expand supervisory
responsibilities, provide a method to allow an unemployed associate
to renew or retain a license without a penalty; clarify who may
supervise a communication helper and delete obsolete language;
clarify that a fee received from an inactive licensee within
two years past the date of expiration of a license will be considered
as an application for renewal and that a licensee may not reapply
for license within this period; provide a current address and
telephone number of the educational testing service; establish
a requirement that an applicant's request for license may be
denied based on adverse professional competence or conduct in
another state; define time-frame of 60-day grace period and inactive
status; establish requirement to comply with legislation passed
during the 72nd Legislative Session, 1991, concerning renewal
of a license for individuals on active duty with the armed forces
serving outside the State of Texas; expand, clarify, and reorganize
continuing education requirements to include the number of continuing
education hours required to renew or reactivate a license and
clarify type of verification form acceptable; change the amount
assessed for late renewal penalty fees; remove unnecessary language
and equivalency requirement; and make editorial changes throughout
the sections. Existing sec.741. 25 and sec.741.26 are repealed
to allow reorganization of these two sections as new sec.741.25
and sec.741.26 within Chapter 741, Subchapter B. The new sections
update and clarify the policy regarding handicapped or disabled
applicants and reimbursement for expenses.

Stephen L. Seale, Chief Accountant III, Budget Office, Texas
Department of Health, has determined that for the first five-year
period the sections are in effect there may be fiscal implications
for state government as a result of enforcing or administering
the sections as proposed. The change to the late renewal penalty
fee may result in an increase in revenue from zero to $600 annually.
There are no fiscal implications for local government.

Mr. Seale also has determined that for each year of the first
five years the sections are in effect the public benefit anticipated
as a result of enforcing the sections will be to provide clarification
to individuals applying for or renewing a license or registering
as an intern; reduce public concern by lowering the number of
incidents of improper or unqualified supervision of associates
or interns; eliminate confusion the current late renewal penalty
fee assessed monthly generates, by establishing one fee for individuals
who renew a license within one year from date of expiration and
a second fee if renewing within two years from date of expiration;
and will delete obsolete and unnecessary language. There is no
anticipated economic cost to small or large businesses to comply
with the sections as proposed; no anticipated cost for persons
who are required to comply with this proposal unless that person
renews a license after expiration of the grace period, in which
case there will be a fee as described in the rules; and no effect
on local employment.

Comments on this proposal may be submitted to Dorothy Cawthon,
Executive Secretary, State Committee of Examiners for Speech-Language
Pathology and Audiology, 1100 West 49th Street, Austin, Texas
78756-3183, (512) 459-2935. Public comments will be accepted
for 30 days after publication of the sections in the Texas
Register.


22 TAC sec.741.2


The amendment is proposed under Texas Civil Statutes, Article
4512j, sec.5, which provide the State Committee of Examiners
for Speech-Language Pathology and Audiology, subject to the approval
of the Texas Board of Health, with the authority to adopt rules;
and Health and Safety Code, sec.12.001, which provides the
Texas Board of Health with the authority to adopt rules for the
performance of every duty imposed by law on the Texas Board of
Health, the Texas Department of Health, and the commissioner
of health.



sec.741.2. Definitions.<ol>
The following words and
terms when used in this
chapter, shall have the
following meanings unless the
context clearly indicates otherwise.


<ol>   Communication helper
-<nl>An<ol> [a generally
licensed] individual who meets
the criteria set out
in [either] sec.741.64(j) [or
sec.741. 84(j)] of this
title (relating to Requirements
for a Licensed Associate
in Speech-Language Pathology);
<nl>or in sec.741.84(j)
of this title (relating
to<ol> [and] Requirements
for a Licensed Associate
in Audiology).


<ol>   [General license
-A license effective without
the filing of an application
when an individual meets
the criteria and performs
the duties of a communication
helper as set out in
sec.741.64(j) or sec.741.84(j)
of this title (relating
to Requirements for a
Licensed Associate in Speech-Language
Pathology; and Requirements for
a Licensed Associate in
Audiology).]


<ol>   Intern in audiology
-An individual <nl>completing
the supervised professional experience
in accordance with the
academic requirements for examination
and licensure for audiologists
in sec.741.81(6) of this
title (relating to Purpose)
<ol> [meeting the academic
and clinical experience requirements
of a master`s degree
in audiology, or its
equivalent, who is completing
the professional employment experience
requirement in a bona
fide clinical practice working
under the supervision of
an individual who holds
a master`s degree in
audiology and a valid
license to practice audiology
in the State of Texas
and/or the American Speech,
Language, Hearing Association certificate
of clinical competence in
audiology or its equivalent].


<ol>   Intern in speech-language
pathology-An individual <nl>completing
the supervised professional experience
in accordance with the
academic requirements for examination
and licensure for speech-language
pathologists in sec.741.61(6)
of this title (relating
to Purpose)<ol> [meeting
the academic and clinical
experience requirements of a
master`s degree in speech-language
pathology, or its equivalent,
who is completing the
professional employment experience
requirement in a bona
fide clinical practice working
under the supervision of
an individual who holds
a master`s degree in
speech-language pathology and a
valid license to practice
speech-language pathology in the
State of Texas and/or
the American Speech, Language,
Hearing Association certificate
of clinical competence in
speech-language pathology or its
equivalent].


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 26, 1991.

TRD-9110416

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Proposed date of adoption: December 7, 1991

For further information, please call: (512) 459-2935

   
   


Subchapter B. The Committee


22 TAC sec.sec.741.12,
741. 19, 741.25, 741.26


The amendments and new sections are proposed under Texas Civil
Statutes, Article 4512j, sec.5, which provide the State Committee
of Examiners for Speech-Language Pathology and Audiology, subject
to the approval of the Texas Board of Health, with the authority
to adopt rules; and Health and Safety Code, sec.12.001, which
provides the Texas Board of Health with the authority to adopt
rules for the performance of every duty imposed by law on the
Texas Board of Health, the Texas Department of Health, and the
commissioner of health.



sec.741.12. Subcommittees.<ol>
The chair may appoint committee
members to subcommittees to
assist the committee in
its work. <nl>Other individuals
may be appointed to subcommittees
or ad hoc committees.
<ol> All subcommittees appointed
by the chair shall consist
of no more than four
members and shall make
regular reports to the
committee by interim written
reports or at regular
meetings. The committee shall
direct all such reports
to the executive secretary
for distribution. [The committee
reserves the right to
appoint noncommittee members to
subcommittees in compliance with
the Act, sec.5(h).]



sec.741.19. Minutes.


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


<nl>(c) The minutes shall
reflect a dissenting vote
on a motion. A person
who dissents on a motion
may prepare a written
statement explaining the person's
reason for dissent and
the statement shall be
placed in the minutes.



sec.741.25. Policy Regarding
Handicapped or Disabled Applicants.


(a) The committee will make an effort to accommodate
the special problems and needs of handicapped or disabled individuals
regarding the application and examination process.


(b) The committee may consider special requests for reasonable
and appropriate arrangements for handicapped or disabled applicants.


(c) Any special requests granted must not violate rules
of the committee or adversely affect the general welfare of the
public.



sec.741.26. Reimbursement for
Expenses.


(a) A committee member is entitled to reimbursement for
expenses incurred for transaction of committee business. Reimbursement
includes necessary and appropriate daily expenses (per diem)
as well as transportation expenses which are necessary and appropriate
for the transaction of committee business. Reimbursement shall
be governed by the latest General Appropriations Act passed by
the Texas Legislature or other applicable law.


(b) Payment to members of per diem and transportation
expenses which are necessary and appropriate shall be transacted
through official state vouchers which have been approved by the
executive secretary.


(c) At the closest regular meeting to officer elections,
the committee will review annual committee expenditures and proposed
budgets.


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 26, 1991.

TRD-9110417

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Proposed date of adoption: December 7, 1991

For further information, please call: (512) 459-2935

   
   


22 TAC sec.741.25, sec.741.26


(Editor's note: The
text of the following
sections proposed for repeal
will not be published.
The sections may be examined
in the offices of the
State Committee of Examiners
for Speech-Language Pathology and
Audiology or in the Texas
Register office, Room 245,
James Earl Rudder Building,
1019 Brazos Street, Austin.)


The repeals are proposed under Texas Civil Statutes, Article
4512j, sec.5, which provide the State Committee of Examiners
for Speech-Language Pathology and Audiology, subject to the approval
of the Texas Board of Health, with the authority to adopt rules;
and Health and Safety Code, sec.12.001, which provides the
Texas Board of Health with the authority to adopt rules for the
performance of every duty imposed by law on the Texas Board of
Health, the Texas Department of Health, and the commissioner
of health.



sec.741.25. Reimbursement for
Expenses.



sec.741.26. Policy Regarding
Handicapped Applicants.


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 26, 1991.

TRD-9110418

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Proposed date of adoption: December 7, 1991

For further information, please call: (512) 459-2935

   
   


Subchapter C. The Practice of Speech-Language Pathology and
Audiology


22 TAC sec.741.41


The amendment is proposed under Texas Civil Statutes, Article
4512j, sec.5, which provide the State Committee of Examiners
for Speech-Language Pathology and Audiology, subject to the approval
of the Texas Board of Health, with the authority to adopt rules;
and Health and Safety Code, sec.12.001, which provides the
Texas Board of Health with the authority to adopt rules for the
performance of every duty imposed by law on the Texas Board of
Health, the Texas Department of Health, and the commissioner
of health.



sec.741.41. Code of
Ethics.<ol> This section in
this subchapter establishes the
standards of professional and
ethical conduct required of
a speech-language pathologist,
an audiologist, a licensed
associate in speech-language pathology,
and a licensed associate
in audiology, and constitutes
a code of ethics as
authorized by the Act,
sec.17(a)(3). It is the
responsibility of all licensed
speech-language pathologists, audiologists,
licensed associates in speech-language
pathology, and licensed associates
in audiology to uphold
the highest standards of
integrity and ethical principles.


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


<nl>(6) Licensees who supervise
associates, interns, or other
supportive personnel are responsible
for the services to the
client that may be performed
by these individuals. The
supervising professional must ensure
that all services provided
are in compliance with
this chapter.


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

Issued in Austin, Texas, on August 26, 1991.

TRD-9110419

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Proposed date of adoption: December 7, 1991

For further information, please call: (512) 459-2935

   
   


Subchapter D. Academic Requirements for Examination and Licensure
for Speech-Language Pathologists


22 TAC sec.sec.741.61,
741.63, 741. 64


The amendments are proposed under Texas Civil Statutes, Article
4512j, sec.5, which provide the State Committee of Examiners
for Speech-Language Pathology and Audiology, subject to the approval
of the Texas Board of Health, with the authority to adopt rules;
and Health and Safety Code, sec.12.001, which provides the
Texas Board of Health with the authority to adopt rules for the
performance of every duty imposed by law on the Texas Board of
Health, the Texas Department of Health, and the commissioner
of health.



sec.741.61. Purpose.<ol>
The purpose of this section
is to delineate the academic
requirements for examination and
licensure of speech-language pathologists.


(1) An applicant must <nl>possess<ol>
[have earned] at least
a master's degree with
a major in speech-language
pathology from an accredited
or approved college or
university. [These requirements
should be consistent with
the academic requirements of
the American Speech-Language-Hearing
Association for the Certificate
of Clinical Competency in
Speech-Language Pathology.]


(2) <nl>An<ol> [To be
eligible for licensing as
a speech-language pathologist,
an] applicant must submit
[official] transcripts showing
successful completion of at
least 30 semester hours
in courses acceptable toward
a graduate degree by
the college or university
in which they were taken.
At least 21 graduate
hours must be within
the professional area of
speech-language pathology and at
least six graduate hours
in audiology. Three semester
hours in audiology must
be in <nl>habilitative
or rehabilitative<ol> [habilitative/rehabilitative]
procedures with speech and
language problems associated with
hearing impairment, and three
semester hours must be
in the study of the
pathologies of the auditory
system and assessment of
auditory disorders.


(3) (No change.)


(4) <nl>Original transcripts
shall be required to
process an application for
licensure or internship approval.
Certified copies of transcripts
shall be considered originals.
<ol> Transcripts shall be
reviewed as follows.


(A)-(C) (No change.)


(D) The committee shall not accept an undergraduate level
course taken by an applicant to meet academic requirements for
licensure at the graduate level[,] unless the applicant's [official]
transcript clearly shows that the course was awarded graduate
credit by the college or university from which the graduate degree
was granted.


(E)-(G) (No change.)


(5)  <nl>An<ol> [To
be eligible for licensing
as a speech-language pathologist,
an] applicant must have
completed a minimum of
300 clock hours of supervised
clinical experience with individuals
who present a variety
of communication disorders. Clinical
experience may include clinical
practicum. Clinical practicum may
be considered to be the
supervised, direct experience during
academic training which includes
evaluation and management of
individuals with speech, language,
and/or hearing problems. This
experience must have been
obtained within a training
institution, or in one
of its cooperating programs,
under the supervision of
an individual holding a
valid license to practice
speech-language pathology [, and/or
its equivalent]. While pursuing
this course of study,
the applicant shall be
designated as a trainee
in speech-language pathology.


(6) <nl>An<ol> [To be
eligible for licensing as
a speech-language pathologist,
an] applicant must have
obtained the equivalent of
nine months of full-time,
40 hours weekly, supervised
professional experience in which
bona fide clinical work
has been accomplished in
speech-language pathology.


<nl>(A) While pursuing this
professional employment experience,
the applicant shall be
designated as an intern
in speech-language pathology.


<nl>(B) <ol> This 
<nl>internship<ol> [work] must
<nl>begin within two years
<ol> [have been completed]
after the academic and
clinical experience requirements
<nl>have been<ol> [are]
met and <nl>must be
completed within a maximum
period of 36 consecutive
months once initiated.


<nl>(C) This work must
be done<ol> under the
supervision of an individual
who holds a master's
degree in speech-language pathology
and a valid license to
practice speech-language pathology
in the State of Texas
[or the American Speech-Language-Hearing
Association Certificate of Clinical
Competence in Speech-Language Pathology
or its equivalent. The
professional employment experience
must be completed within
a maximum period of 36
consecutive months once initiated.
While pursuing this professional
employment experience, the applicant
shall be designated as
an intern in speech-language
pathology].


<nl>(D) <ol>Prior to
the beginning of an intern's
required, supervised professional
experience, the intern form
must be filed with the
executive secretary in the
office of the committee.


<nl>(i) <ol>This document
is to be completed and
signed by the licensed
supervising professional <nl>and
must be updated every
six months<ol>.


<nl>(ii)<nl> Licensees who
supervise interns are responsible
for the services to the
client that may be performed
by the intern. The supervising
professional must ensure that
all services provided are
in compliance with this
chapter.


<nl>(iii) <nl> Original
transcripts of the intern's
college or university course
work with verification of
degree(s) awarded are required
at the time of submission
of the intern form<ol>.


<nl>(iv) <ol>The committee
shall not consider an
individual an intern until
the intern form is approved.
The office must be notified
of any change in the
supervisory arrangement[,] and
a new form must be
filed.


<nl>(v)  <ol>Until licensed,
the intern must continue
to be supervised <nl>if
the intern is practicing
speech-language pathology<ol>.


<nl>(vi)<nl> Upon acceptance
of the intern form, the
executive secretary shall provide
a letter of registration
to be placed in the
intern's personnel file.


<nl>(7) A person who
possesses a master's degree
with a major in audiology
and is pursuing an internship
in speech-language pathology may
begin this nine month
supervised professional experience
in accordance with paragraph
(6) of this section,
if the committee has
an original transcript showing
completion of a master's
degree with a major in
audiology on file and
a letter from the department
head of the college or
university stating that the
individual has completed enough
hours to establish a
graduate level major in
speech-language pathology.


<nl>(8)  A supervisor
of an intern must show
proof of having earned
at least a master's degree
with a major in speech-language
pathology from an accredited
college or university by
submitting an original or
photocopy of the transcript.



sec.741.63. Special Conditions
for Licensure of Speech-Language
Pathologists [After August 30,
1984].


(a) The committee may waive the examination and grant
licensure to a speech-language pathologist who holds a license
from another state, provided that the license represents professional
standards considered by the committee to be equivalent to those
set forth in the Act. <nl>The applicant
must submit an original
college or university transcript
of all course work and
degrees.


(b) The committee may waive the examination and grant
licensure to an applicant who holds the Certificate of Clinical
Competence of the American Speech-Language-Hearing Association
in Speech-Language Pathology [or who has met equivalent requirements
in the area for which a license is sought]. <nl>The
applicant must submit an
original college or university
transcript of all course
work and degrees.


[(c)  Equivalent requirements in the area for which a
license is sought means that the applicant has met all requirements
as set forth in sec.741.61 of this title (relating to Purpose).]


<nl>(c)<ol>[(d)] Transcripts shall
be reviewed as in 
s741.61(4) of this title
(relating to Purpose).



sec.741.64. Requirements for
a Licensed Associate in
Speech-Language Pathology.


(a) The term "associate" will be used to designate an
aide who provides services and support of clinical programs of
speech-language pathology, who is supervised by a [Texas] licensed
speech-language pathologist, who has received the training specified
as follows, and who holds a current and valid license as a licensed
associate in speech-language pathology. The following are established
as minimum requirements to function as a licensed associate in
speech-language pathology:


(1) a baccalaureate degree <nl>as shown
on an original transcript
filed with the committee
<ol>;


(2) (No change.)


(3) <nl>the filing of
original<ol> transcripts 
<nl>which<ol> shall be
reviewed as in sec.741.61(4)
of this title (relating
to Purpose); and


(4)  [upon application and each subsequent renewal,]
a <nl>supervisory responsibility<ol>
statement [shall be] submitted
[by the supervising speech-
language pathologist acknowledging
his/her acceptance of the
supervisory responsibilities] <nl>upon
application and each subsequent
renewal or with a change
of supervisor<ol>.


(b) Although the <nl>supervisor<ol>
[licensed speech-language pathologist]
may delegate specific clinical
tasks to an associate,
the [legal, ethical, and
moral] responsibility to the
client for all services
provided cannot be delegated.
<nl>The supervisor must
ensure that all services
provided are in compliance
with this chapter.<ol>
The associate may execute
specific components of the
clinical speech, language, and/or
hearing program if the
<nl>supervisor<ol> [professional]
determines that the associate
has received the training
and has the skill to
accomplish that task, and
the <nl>supervisor<ol>
[professional] provides sufficient
supervision to ensure appropriate
completion of the task
assigned to the associate.
[The fully licensed supervising
professional speech-language pathologist
is legally and ethically
responsible for the associate
and the speech-language pathology
communication helper.] The 
<nl>supervisor<ol> [speech-language
pathologist] must keep job
descriptions[,] and performance
records; these must be
current and must be made
available to the <nl>committee
<ol> [Committee of Examiners]
within 30 days of the
date of the committee's
request for such records.
[The speech-language pathologist
must ensure that all
services are in compliance
with these committee rules,
particularly with sec.741.41
(relating to Code of
Ethics).]


(1) Examples of duties which associates may be assigned
[, provided appropriate planning, preparation for the task, and
professional supervision,] include the following:


(A)-(E) (No change.)


(2)-(4) (No change. )


(c)-(f) (No change.)


(g) Direct supervision of <nl>speech-language
pathology<ol> duties assigned
to the associate shall
be provided by a [Texas]
licensed speech-language pathologist.
<nl>A copy of the
supervisor's college or university
transcript must be filed
with the committee at
the time the supervisory
responsibility statement is filed
<ol>.


[(1)  A licensed associate in speech-language pathology
shall be supervised by a Texas licensed speech-language pathologist.]


<nl>(1)<ol>[(2)]  Following
on-the-job training, the associate's
initial client contact shall
be directly supervised. Thereafter,
the minimum supervision requirements
for an associate by a
licensed professional shall be
no less than two hours
a week, at least half
of which is direct on-site
supervision <nl>at the
location where the associate
is employed. If an alternative
arrangement is needed, the
supervisor must submit a
proposed plan for review
by the committee or the
appropriate subcommittee to determine
if the plan is acceptable
<ol>. Indirect methods of
supervision such as audio
and/or video tape recording,
telephone communication, numerical
data, or other means
of reporting may be utilized.


<nl>(2)<ol>[(3)] Supervisory records
shall be maintained by
the <nl>supervisor<ol>
[licensed professional] which verify
regularly scheduled <nl>monitoring,
assessment, and evaluation<ol>
[monitoring/assessment/evaluation] of associate
and client performance. Such
documentation may be requested
by the committee.


(h) (No change.)


(i) <nl>An associate may
renew a license even
though the associate does
not have a supervisor.
However, the associate may
not practice until a
supervisor is obtained and
a new supervisory responsibility
statement is approved by
the committee office.<ol>
[Special conditions for a
time-limited waiver ending September
1, 1988, are provided.]


[(1) The committee on request may waive degree requirements
for licensure as a licensed associate in speech-language pathology
for applicants who by August 31, 1988, meet the following requirements:


[(A) show proof of bona fide employment as a technician,
assistant, or other support services personnel directly involved
with the speech-language and/or hearing handicapped on September
1, 1984;


[(B) perform their employment duties under the supervision
of a Texas licensed speech-language pathologist. Upon application
and each subsequent renewal, a statement shall be submitted by
the supervising speech-language pathologist, acknowledging his/her
acceptance of the supervisory responsibilities. The minimum supervision
requirements for an applicant seeking license under these special
conditions shall be no less than two hours a week of direct on-site
supervision by a licensed professional;


[(C) submit initial application forms and nonrefundable
application fees for a licensed associate under these special
conditions so that it will be received in the committee office
no later than May 31, 1986;


[(D) show annual proof of pursuit toward licensing as
an associate in speech-language pathology by submitting original
transcript(s) from the accredited institution(s) in which the
21 semester hours of course work in speech-language pathology
are taken; and


[(E) submit by August 31, 1988, the application for licensed
associate in speech-language pathology indicating that the full
requirements have been met.


[(2) Transcripts shall be reviewed as in sec.741.61(4)
of this title (relating to Purpose).


[(3) Applicants, and their licensed sponsors, shall be
considered subject to sec.741.195 of this title (relating to
Violations by Nonlicensed Individuals) and sec.741.196 of this
title (relating to Penalties).


[(4) Applicants, meeting the criteria of this subsection,
who do not succeed in acquiring a license as an associate by
August 31, 1988, shall not be eligible for licensure under this
time-limited waiver.


[(j) The requirements and duties of a communication helper
are as follows:


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


(3) A communication helper may work under direction of
an associate if <nl>the associate is
<ol> [approved and] supervised
<nl>as required by subsection
(g) of this section<ol>
[by a fully licensed
professional] .


(4)-(5) (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 26, 1991.

TRD-9110420

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Proposed date of adoption: December 7, 1991

For further information, please call: (512) 459-2935

   
   


Subchapter E. Academic Requirements for Examination and Licensure
for Audiologists


22 TAC sec.sec.741.81,
741.83, 741.84


The amendments are proposed under Texas Civil Statutes, Article
4512j, sec.5, which provide the State Committee of Examiners
for Speech-Language Pathology and Audiology, subject to the approval
of the Texas Board of Health, with the authority to adopt rules;
and Health and Safety Code, sec.12.001, which provides the
Texas Board of Health with the authority to adopt rules for the
performance of every duty imposed by law on the Texas Board of
Health, the Texas Department of Health, and the commissioner
of health.



sec.741.81. Purpose.<ol>
The purpose of this section
is to delineate the academic
requirements for examination and
licensure of audiologists.


(1) An applicant must <nl>possess<ol>
[have earned] at least
a master`s degree with
a major in audiology
from an accredited or
approved college or university.
[These requirements should be
consistent with the academic
requirements of the American
Speech-Language-Hearing Association for
the Certificate of Clinical
Competence in Audiology.]


(2) <nl>An<ol> [To be
eligible for licensing as
an audiologist, an] applicant
must submit [official] transcripts
showing successful completion of
at least 30 semester
hours in courses acceptable
toward a graduate degree
by the college or university
in which they were taken.
At least 21 graduate
hours must be within
the professional area of
audiology and at least
six graduate hours in
speech-language pathology. The
six semester hours of
professional education required
in speech-language pathology should
include three hours in
the area of speech pathology
and three hours in the
area of language pathology
and should be related
to evaluation procedures and
management of speech and
language problems that are
not associated with hearing
impairment.


(3) (No change.)


(4) <nl>Original transcripts
shall be required to
process an application for
licensure or internship approval.
Certified copies of transcripts
shall be considered originals.
<ol> Transcripts shall be
reviewed as follows:


(A) (No change.)


(B) Degrees and/or course work received at foreign universities
shall be acceptable only if such course work <nl>can
<ol> [could] be counted
as transfer credit <nl>by
<ol> [from] accredited universities,
as reported by the American
Association of Collegiate Registrars
and Admissions Officers.


(C)  (No change.)


(D) The committee shall not accept an undergraduate level
course taken by an applicant to meet academic requirements for
licensure at the graduate level [,] unless the applicant's [official]
transcript clearly shows that the course was awarded graduate
credit by the college or university from which the graduate degree
was granted.


(E)-(G) (No change.)


(5) <nl>An<ol> [To be
eligible for licensing as
an audiologist, an] applicant
must have completed a
minimum of 300 clock
hours of supervised clinical
experience with individuals who
present a variety of
communication disorders.


<nl>(A) <ol>Clinical experience
may include clinical practicum.


<nl>(B) <ol>Clinical practicum
may be considered to
be the supervised, direct
experience during academic training
which includes evaluation and
management of individuals with
speech, language, and/or hearing
problems.


<nl>(C) <ol>This experience
must have been obtained
within a training institution,
or in one of its
cooperating programs, under the
supervision of an individual
holding a valid license
to practice audiology [and/or
its equivalent.] .


<nl>(D) <ol>While pursuing
this course of study,
the applicant shall be
designated as a trainee
in audiology.


(6) <nl>An<ol> [To be
eligible for licensing as
an audiologist, an] applicant
must have obtained the
equivalent of nine months
of full-time, 40 hours
weekly, supervised professional
experience in which bona
fide clinical work has
been accomplished in audiology.


<nl>(A) While pursuing this
professional employment experience,
the applicant shall be
designated as an intern
in audiology.


<nl>(B)  <ol>This 
<nl>internship<ol> [work] must
<nl>begin within two years
<ol> [have been completed]
after the academic and
clinical experience requirements
<nl>have been<ol> [are]
met and <nl>must be
completed within a maximum
period of 36 consecutive
months once initiated.


<nl>(C) This work must
be done<ol> under the
supervision of an individual
who holds a master's
degree in audiology and
a valid license to practice
audiology in the State
of Texas [or the American
Speech-Language-Hearing Association Certificate
of Clinical Competence in
Audiology or its equivalent.
The professional employment experience
must be completed within
a maximum period of 36
consecutive months once initiated.
While pursuing this professional
employment experience, the applicant
shall be designated as
an intern in audiology].


<nl>(D)  <ol>Prior to
the beginning of an intern's
required, supervised professional
experience, the intern form
must be filed with the
executive secretary in the
office of the committee.


<nl>(i) <ol>This document
is to be completed and
signed by the licensed
supervising professional <nl>and
must be updated every
six months<ol>.


<nl>(ii)<nl> Licensees who
supervise interns are responsible
for the services to the
client that may be performed
by the intern. The supervising
professional must ensure that
all services provided are
in compliance with this
chapter.


<nl>(iii)<nl> Original transcripts
of the intern's college
or university course work
with verification of degree(s)
awarded are required at
the time of submission
of the intern form<ol>.


<nl>(iv) <ol>The committee
shall not consider an
individual an intern until
the intern form is approved.
The office must be notified
of any change in the
supervisory arrangement[,] and
a new form must be
filed.


<nl>(v) <ol>Until licensed,
the intern must continue
to be supervised <nl>if
the intern is practicing
audiology<ol>.


<nl>(vi)<nl> Upon acceptance
of the intern form, the
executive secretary shall provide
a letter of registration
to be placed in the
intern's personnel file.


<nl>(7) A person who
possesses a master's degree
with a major in speech-language
pathology and is pursuing
an internship in audiology
may begin this nine-month
supervised professional experience
in accordance with paragraph
(6) of this section if
the committee has an
original transcript showing completion
of a master's degree
with a major in speech-language
pathology on file and
a letter from the department
head of the college or
university stating that the
individual has completed enough
hours to establish a
graduate level major in
audiology.


<nl>(8) A supervisor of
an intern must show proof
of having earned at least
a master's degree with
a major in audiology
from an accredited college
or university by submitting
an original or photocopy
of the transcript.



sec.741.83. Special Conditions
for Licensure of Audiologists
[After November 29, 1983].


(a) The committee may waive the examination and grant
licensure to an audiologist who holds a license from another
state, provided that the license represents professional standards
considered by the committee to be equivalent to those set forth
in the Act. <nl>The applicant must
file an original college
or university transcript of
all course work and degrees
with the committee.


(b) The committee may waive the examination and grant
licensure to an applicant who holds the Certificate of Clinical
Competence of the American Speech-Language-Hearing Association
in Audiology [or who has met equivalent requirements in the area
for which a license is sought]. <nl>The applicant
must file an original
college or university transcript
of all course work and
degrees with the committee.


[(c) Equivalent requirements in the area for which a
license is sought means that the applicant has met all requirements
as set forth in sec.741.81 of this title (relating to Purpose).]


<nl>(c)<ol>[(d)] Transcripts shall
be reviewed as <nl>described
<ol> in sec.741.81(4) of
this title (relating to
Purpose).



sec.741.84. Requirements for
a Licensed Associate in
Audiology.


(a)  The term "associate" will be used to designate an
aide who provides services and support of clinical programs of
audiology, who is supervised by a [Texas] licensed audiologist,
who has received the training specified as follows, and who holds
a current and valid license as a licensed associate in audiology.
The following [requirements] are established as minimum requirements
to function as a licensed associate in audiology:


(1) a baccalaureate degree <nl>as shown
on an original transcript
<ol>;


(2) (No change.)


(3)  <nl>the filing of
original<ol> transcripts 
<nl>which<ol> shall be
reviewed as <nl>described
<ol> in sec.741.81(4) of
this title (relating to
Purpose); and


(4) [upon application and each subsequent renewal,] a
<nl>supervisory responsibility<ol>
statement [shall be] submitted
[by the supervising audiologist,
acknowledging his/her acceptance
of the supervisory responsibilities]
<nl>upon application and
each subsequent renewal or
with a change of supervisor
<ol>.


(b) Although the <nl>supervisor<ol>
[licensed audiologist] may delegate
specific clinical tasks to
an associate, the [legal,
ethical, and moral] responsibility
to the client for all
services provided cannot be
delegated. <nl>The supervisor
must ensure that all
services provided are in
compliance with this chapter.
<ol> The associate may
execute specific components of
the clinical speech, language,
and/or hearing program if
the <nl>supervisor<ol>
[professional] determines that
the associate has received
the training and has
the skill to accomplish
that task, and the 
<nl>supervisor<ol> [professional]
provides sufficient supervision
to ensure appropriate completion
of the task assigned
to the associate. [The
fully licensed supervising professional
audiologist is legally and
ethically responsible for the
associate and the audiology
communication helper.] The 
<nl>supervisor<ol> [audiologist]
must keep job descriptions
and performance records; these
must be current and must
be made available to
the <nl>committee<ol> [Committee
of Examiners] within 30
days of the date of
the committee's request for
such records. [The audiologist
must ensure that all
services are in compliance
with these committee rules,
particularly with sec.741. 41
of this title (relating
to Code of Ethics).]


(1) Examples of duties which associates may be assigned
[, provided appropriate planning, preparation for the task, and
professional supervision,] include the following:


(A)-(E)  (No change.)


(2)-(4) (No Change.)


(c)-(f) (No change.)


(g) Direct supervision of <nl>audiology
<ol> duties assigned to
the associate shall be
provided by a [Texas]
licensed audiologist. <nl>A
copy of the supervisor's
college or university transcript
must be filed with the
committee at the time
the supervisory responsibility
statement is filed<ol>.


[(1) A licensed associate in audiology shall be supervised
by a Texas licensed audiologist.]


<nl>(1)<ol>[(2)] Following on-the-job
training, the associate's initial
client contact shall be
directly supervised. Thereafter,
the minimum supervision requirements
for an associate by a
licensed professional shall be
no less than two hours
a week, at least half
of which is direct on-site
supervision <nl>at the
location where the associate
is employed. If an alternative
arrangement is needed, the
supervisor must submit a
proposed plan for review
by the committee or the
appropriate subcommittee to determine
if the plan is acceptable
<ol>. Indirect methods of
supervision such as audio
and/or video tape recording,
telephone communication, numerical
data, or other means
of reporting may be utilized.


<nl>(2)<ol>[(3)] Supervisory records
shall be maintained by
the <nl>supervisor<ol>
[licensed professional] which verify
regularly scheduled <nl>monitoring,
assessment, and evaluation<ol>
[monitoring/assessment/evaluation] of associate
and client performance. Such
documentation may be requested
by the committee.


(h) (No change.)


(i) <nl>An associate may
renew a license even
though the associate does
not have a supervisor.
However, the associate may
not practice until a
supervisor is obtained and
a new supervisory responsibility
statement is approved by
the committee office.<ol>
[Special conditions for a
time-limited waiver ending September
1, 1988, are provided.


[(1) The committee, on request, may waive degree requirements
for licensure as a licensed associate in audiology for applicants
who by August 31, 1988, meet the following requirements:


[(A) show proof of bona fide employment as a technician,
assistant, or other support services personnel directly involved
with the speech-language and/or hearing handicapped on September
1, 1984;


[(B) perform their employment duties under the supervision
of a Texas licensed audiologist. Upon application and each subsequent
renewal, a statement shall be submitted by the supervising audiologist,
acknowledging his/her acceptance of the supervisory responsibilities.
The minimum supervision requirements for an applicant seeking
license under these special conditions shall be no less than
two hours a week of direct on-site supervision by a licensed
professional;


[(C) submit initial application forms and nonrefundable
application fees for a licensed associate under these special
conditions so that it will be received in the committee office
no later than May 31, 1986;


[(D) show annual proof of pursuit toward licensing as
an associate in audiology, by submitting original transcript(s)
from the accredited institution(s) in which the 21 semester hours
of course work in audiology are taken; and


[(E) submit by August 31, 1988, the application for licensed
associate in audiology indicating that the full requirements
have been met.


[(2) Transcripts shall be reviewed as in sec.741.81(4)
of this title (relating to Purpose).


[(3) Applicants and their licensed sponsors shall be
considered subject to sec.741.195 of this title (relating to
Violations by Nonlicensed Individuals) and sec.741.196 of this
title (relating to Penalties).


[(4)  Applicants meeting the criteria of this subsection
who do not succeed in acquiring a license as an associate by
August 31, 1988, shall not be eligible for licensure under this
time-limited waiver.]


(j) The requirements and duties of a communication helper
are as follows.


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


(3) A communication helper may work under direction of
an associate if <nl>the associate is
<ol> [approved and] supervised
<nl>as required by subsection
(g) of this section<ol>
[by a fully licensed
professional];


(4) -(5) (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 26, 1991.

TRD-9110421

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Proposed date of adoption: December 7, 1991

For further information, please call: (512) 459-2935

   
   


Subchapter F. Application Procedures


22 TAC sec.741. 102


The amendment is proposed under Texas Civil Statutes, Article
4512j, sec.5, which provide the State Committee of Examiners
for Speech-Language Pathology and Audiology, subject to the approval
of the Texas Board of Health, with the authority to adopt rules;
and Health and Safety Code, sec.12.001, which provides the
Texas Board of Health with the authority to adopt rules for the
performance of every duty imposed by law on the Texas Board of
Health, the Texas Department of Health, and the commissioner
of health.



sec.741.102. General.


(a)-(d) (No change.)


<nl>(e) If an individual
allows his or her license
to expire and that individual
applies for licensure between
the date of expiration
of his or her license
and two years after the
date of expiration, the
application for licensure shall
be an application for
renewal under sec.741.162(g)(2)
of this title (relating
to General).


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 26, 1991.

TRD-9110422

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Proposed date of adoption: December 7, 1991

For further information, please call: (512) 459-2935

   
   


Subchapter G. Licensure Examinations.


22 TAC sec.741. 122


The amendment is proposed under Texas Civil Statutes, Article
4512j, sec.5, which provide the State Committee of Examiners
for Speech-Language Pathology and Audiology, subject to the approval
of the Texas Board of Health, with the authority to adopt rules;
and Health and Safety Code, sec.12.001, which provides the
Texas Board of Health with the authority to adopt rules for the
performance of every duty imposed by law on the Texas Board of
Health, the Texas Department of Health, and the commissioner
of health.



sec.741.122. Frequency.<ol>
Licensure examinations will be
administered for the committee
by the Educational Testing
Service (ETS) to applicants
at least twice a year.
Requests to take the
speech-language pathology or audiology
examination should be mailed
to <nl>NTE Programs,<ol>
Educational Testing Service [NTE
Programs], <nl>P.O. Box
6051,<ol> Princeton, New
Jersey 08541<nl>-6051, or
phone: (609) 771-7395<ol>.


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 26, 1991.

TRD-9110423

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Proposed date of adoption: December 7, 1991

For further information, please call: (512) 459-2935

   
   


Subchapter H. Licensing


22 TAC sec.741.143


The amendment is proposed under Texas Civil Statutes, Article
4512j, sec.5, which provide the State Committee of Examiners
for Speech-Language Pathology and Audiology, subject to the approval
of the Texas Board of Health, with the authority to adopt rules;
and Health and Safety Code, sec.12.001, which provides the
Texas Board of Health with the authority to adopt rules for the
performance of every duty imposed by law on the Texas Board of
Health, the Texas Department of Health, and the commissioner
of health.



sec.741.143. Issuance of
License.


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


<nl>(d)  <nl>An application
may be denied if the
applicant's license to practice
speech-language pathology or audiology
in another state or jurisdiction
has been suspended, revoked,
or otherwise restricted by
the licensing entity in
that state or jurisdiction
for reasons relating to
the applicant's professional competence
or conduct which could
adversely affect the health
and welfare of a client.


<nl>(e)<ol>[(d)]<nl> 
<ol>Upon written request from
the licensee and payment
of the duplicate fee,
a duplicate license verification
card, certificate, and ID
card may be obtained
from the committee.


<nl>(f)<ol>[(e)] Any license
verification card or certificate
issued by the committee
remains the property of
the committee.


<nl>(g)<ol>[(f)] The committee
is not responsible for
lost, misdirected, or undelivered
correspondence, including forms
and fees, if sent to
the address last reported
to the committee.


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 26, 1991.

TRD-9110424

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Proposed date of adoption: December 7, 1991

For further information, please call: (512) 459-2935

   
   


Subchapter I. License Renewal


22 TAC sec.741.162, sec.741.163


The amendments are proposed under Texas Civil Statutes, Article
4512j, sec.5, which provide the State Committee of Examiners
for Speech-Language Pathology and Audiology, subject to the approval
of the Texas Board of Health, with the authority to adopt rules;
and Health and Safety Code, sec.12.001, which provides the
Texas Board of Health with the authority to adopt rules for the
performance of every duty imposed by law on the Texas Board of
Health, the Texas Department of Health, and the commissioner
of health.



sec.741.162. General.


(a) Each licensee is responsible for license renewal
before the expiration date. The committee shall use the following
system for license renewals.


(1) (No change.)


(2)  Each licensee shall annually pay the nonrefundable
fee for license renewal. [A 60-day grace period shall be allowed
for payment of the renewal fee.] The executive secretary shall
not consider a license to be renewed until the completed license
renewal form, proof of earned continuing education, and the renewal
fee have been mailed to the committee office. The postmarked
date is the date of mailing. [After expiration of the grace period,
the committee may renew each license in accordance with subsection
(f) of this section.]


(b)  Renewal of a license is contingent on the applicant
meeting uniform continuing education requirements established
by the committee; however, continuing education hours are not
required for the first renewal. <nl>Any continuing
education hours earned prior
to the first renewal
date will not accrue
under sec.741.163(5) of this
title (relating to Requirements
for Continuing Professional Education).
<ol> After a license is
renewed for the first
time, the licensee must
begin earning approved continuing
education hours.


<nl>(c) A 60-day grace
period, after the date
of expiration of a license,
shall be allowed for
payment of the renewal
fee. A licensee may continue
to practice during the
grace period and must
follow all requirements of
the Act and this chapter.


<nl>(1) If the licensee
earned continuing education hours
as required by sec.741.163
of this title (relating
to Requirements for Continuing
Professional Education) prior to
expiration of the license,
no additional continuing education
hours are required for
renewal of the license.


<nl>(2) If the licensee
failed to meet the requirement
of paragraph (1) of this
subsection, the licensee must
earn 10, 15 if dual,
continuing education hours during
the 60-day grace period
in order to renew the
license during the grace
period.


<nl>(3) If a licensee
earned or accrued fewer
than the required continuing
education hours (10, or
15 if dual) prior to
expiration of the license,
those hours will not
be available for credit
for renewal.


<nl>(4) After expiration of
the grace period, the
committee may renew each
license in accordance with
subsection (g) of this
section.


<nl>(d)<ol>[(c)] At least
45 days prior to the
expiration date of an
individual's license, the executive
secretary shall send notice
to the licensee of the
expiration date of the
license, the amount of
the renewal fee due,
the number of continuing
education hours required for
renewal, and a license
renewal form which the
licensee must complete and
return to the committee
with the required fee.
A licensed associate is
also required to provide
an updated supervisory responsibility
statement signed by the
associate's current licensed supervisor.


<nl>(e)<ol>[(d)] The licensee
is required to provide
current addresses and telephone
numbers, employment information,
and other information on
the license renewal form.
The committee is not
responsible for lost, misdirected,
or undelivered renewal forms
and fees if sent to
the address last reported
to the committee.


<nl>(f)<ol>[(e)]  The
committee shall issue a
license verification card to
a licensee who has met
all requirements for renewal.
The licensee must display
the license verification card
with the certificate.


<nl>(g)<ol>[(f)] <nl>At
the end of the 60-day
grace period, a license
will be placed in an
inactive status and will
remain in this status
until renewed or deleted
in accordance with this
subsection<ol> [Inactive status
is defined as the two-year
period of time between
date of expiration of
license and deletion of
licensee's record]. An inactive
licensee may not practice
or represent himself or
herself as a speech-language
pathologist or audiologist.


(1) Requests. A licensee may submit, prior to expiration
of the 60-day grace period, a written request for inactive status
to the committee office specifying the reason for the request.
Failure to earn continuing education hours is not an acceptable
reason.


(2) Penalties upon renewal.


(A) If a licensee wishes to reactivate the license at
the end of the first or the second year of inactive status, the
licensee:


(i)<ol> must request reactivation
in writing prior to the
end of the first or
second year of inactive
status;


(ii) <ol> must pay a
penalty fee as follows:


(I) if inactive status was requested under paragraph
(1) of this subsection, <nl>a<ol> [the]
penalty fee [is] equal
to all accrued renewal
fees <nl>must be paid
<ol>; or


(II) if inactive status was not requested under paragraph
(1) of this subsection, the late renewal penalty fee <nl>must
be paid<ol> [is equal
to $15 per month following
the 60-day grace period
plus all accrued renewal
fees]; and


(iii)<ol> must furnish proof
of having earned, during
the inactive period, 
<nl>at least<ol> 10 continuing
education hours. Dual licensees
must submit proof of
having earned<nl>, during
the inactive period, at
least <ol>15 hours of
continuing education. [Proof is
to be furnished at the
time of reactivation.] A
person who has <nl>at
least 10<ol> [accrued
sufficient] continuing education
hours, or at least 15
continuing education hours for
holders of dual licenses,
accrued<nl> under sec.741.163(5)
of this title (relating
to Requirements for Continuing
Professional Education) for renewal
shall be deemed to have
met this requirement.


(B) If a licensee <nl>chooses<ol>
[needs] to reactivate the
license at a time different
from the first or second
year renewal date, [a
request for reactivation must
be made to the committee
stating the reason for
reactivation. Following review,
the executive secretary will
inform the licensee of
the decision, and if
granted,] the licensee:


(i)<ol> must pay <nl>the
<ol> [a] late renewal
penalty fee [equal to
$15 per month following
the 60-day grace period
plus all accrued renewal
fees]; and


(ii)<ol> must meet 
<nl>one of<ol> the following
requirements:


(I) if reactivated before the end of the first year,
no additional continuing education hours need to be earned if
the licensee <nl>has<ol> [had]
completed <nl>at least
10<ol> continuing education
hours<nl>, or at least
15 hours for holders
of dual licenses,<ol>
prior to expiration of
the license and could
have renewed the license;


<nl>(II)  if reactivated
before the end of the
first year, no continuing
education hours need to
be earned if the licensee
is reactivating an initial
license;


<nl>(III)<ol>[(II)] if reactivated
before the end of the
first year and if the
licensee <nl>has<ol> [had]
not earned <nl>at least
10<ol> [sufficient] continuing
education hours<nl>, or
at least 15 continuing
education hours for holders
of dual licenses,<ol>
prior to expiration of
the license and could
not have renewed the
license, the licensee must
earn <nl>at least 10
<ol> [sufficient] continuing education
hours, <nl>or at least
15 continuing education hours
for holders of dual licenses,
<ol> during the inactive
period[, for the renewal
of the license as required
by this chapter]. The
hours must be earned
before reactivation will be
granted. A person who
has accrued <nl>at least
10<ol> [sufficient] continuing
education hours<nl>, or
at least 15 continuing
education hours for holders
of dual licenses,<ol>
under sec.741.163(5) of this
title (relating to Requirements
for Continuing Professional Education)
for renewal shall be
deemed to have met this
requirement; or


<nl>(IV) <ol>[(III)] if
reactivated after the end
of the first year but
before the end of the
second year, the licensee
must furnish proof of
having earned, during the
inactive period, <nl>at
least<ol> 10 continuing
education hours. Dual licensees
must submit proof of
having earned<nl>, during
the inactive period, at
least<ol> 15 hours of
continuing education. [Proof is
to be furnished prior
to or at the time
of reactivation.] A person
who has accrued <nl>at
least 10<ol> [sufficient]
continuing education hours<nl>,
or at least 15 continuing
education hours for holders
of dual licenses,<ol>
under sec.741. 163(5) of
this title (relating to
Requirements for Continuing Professional
Education) for renewal shall
be deemed to have met
this requirement.


(3)  Deleted license following inactive status. A license
that is not reactivated within the two year period after expiration
may not be renewed, and the license may not be restored, reissued,
or reinstated thereafter, but that person may reapply for and
obtain a new license if requirements of this Act are met.


<nl>(h)<ol>[(g)] A suspended
license is subject to
expiration and may be
renewed as provided in
this subchapter; however, the
renewal does not entitle
the licensee to engage
in the licensed activity
or in any other activity
or conduct in violation
of the order or judgment
by which the license
was suspended, until such
time as the license is
fully reinstated.


<nl>(i)<ol>[(h)]  A
license revoked on disciplinary
grounds is subject to
expiration as provided in
the Act, but it may
not be renewed. If it
is reinstated after its
expiration, the licensee, as
a condition of reinstatement,
shall pay a reinstatement
fee in an amount equal
to the renewal fee in
effect, plus the delinquency
fee, if any, accrued
at the time of the
license revocation.


<nl>(j) If an individual
allows his or her license
to expire and that individual
applies for licensure between
the date of expiration
of his or her license
and two years after the
date of expiration, the
application for licensure shall
be an application for
renewal under subsection (g)(2)
of this section.


<nl>(k)<ol>[(i)] An individual
who fails to renew a
license within two years
after the date of its
expiration may not renew
it, and it may not
be restored, reissued, or
reinstated thereafter. That individual
must apply for a new
license and meet the
criteria for licensure current
at that time.


<nl>(l) If a licensee
fails to timely renew
his or her license because
the licensee is or was
on active duty with the
armed forces of the United
States of America serving
outside the State of
Texas, the licensee may
renew the license pursuant
to this subsection.


<nl>(1) Renewal of the
license may be requested
by the licensee, the
licensee's spouse, or an
individual having power of
attorney from the licensee.
The renewal form shall
include a current address
and telephone number for
the individual requesting the
renewal.


<nl>(2) Renewal may be
requested before or after
expiration of the license.


<nl>(3) A copy of the
official orders or other
official military documentation
showing that the licensee
is or was on active
duty serving outside the
State of Texas shall
be filed with the committee
along with the renewal
form.


<nl>(4) A copy of the
power of attorney from
the licensee shall be
filed with the committee
along with the renewal
form if the individual
having the power of attorney
executes any of the documents
required in this subsection.


<nl>(5) A licensee renewing
under this subsection shall
pay the applicable renewal
fee, but not the reinstatement
fee or any penalty fee.


<nl>(6) A licensee renewing
under this subsection shall
submit proof of any clock
hours of continuing education,
in the area in which
the individual is licensed,
earned prior to being
called to active duty
serving outside the State
of Texas.



sec.741.163. Requirements for
Continuing Professional Education.
<ol> Continuing professional
education requirements must be
met for renewal of license.


(1) Continuing professional education in speech-language
pathology and audiology consists of a series of planned individual
learning experiences beyond the basic educational program which
has led to a degree or qualifies one for licensure.


<nl>(A) Continuing professional
education must be in
the following areas:


<nl>(i)<nl> basic communication
processes;


<nl>(ii)<nl> speech-language pathology;


<nl>(iii) <nl> audiology;
or


<nl>(iv)<nl> an area
of study related to clauses
(i), (ii), or (iii) of
this subparagraph.


<nl>(B) Continuing education
hours under subparagraph (A)(iv)
shall be considered if
the licensee submits a
description of the continuing
education activity. Review by
the committee or the
appropriate subcommittee to determine
that the activity is
in a related area may
require the submission of
additional information.


(2) -(3) (No change.)


(4) Ten clock hours (one CEU) [in the area in which the
individual is licensed] will be required for yearly renewal;
provided, however, 15 clock hours (1.5 CEUs) will be required
for holders of dual licenses [, at least six of which must be
concentrated in each discipline].


(5)  (No change.)


(6) If a licensee successfully completes coursework from
an accredited college or university [in basic/professional/related
areas], that coursework may be accepted for continuing education
credit<nl>. The<ol> [for
state license renewal if
the] licensee <nl>must
submit<ol> [submits] an
original transcript [of that
work] and <nl>complete
<ol> [completes] a statement
that this was a continuing
education experience. Ten continuing
education clock hours or
one continuing education unit
equals one semester hour
of coursework.


(7)-(8) (No change.)


[(9) A continuing education experience occurring during
the renewal month for licensure will be counted as continuing
education hours earned for current license renewal or for a subsequent
year's renewal under paragraph (5) of this section.]


<nl>(9)<ol>[(10)] The committee
will provide a list of
approved continuing education sponsors
which will be revised
and updated periodically. Approved
sponsors will be designated
by the committee. Any
continuing education activity must
be provided by an approved
sponsor.


<nl>(10)<ol>[(11)] <nl>The
committee office will accept
a letter or form bearing
a valid signature or
verification as authorized by
the continuing education sponsor
as proof of completion
of a valid continuing
education experience.<ol> [Each
approved continuing education sponsor
will designate a specific
individual whose signature will
be accepted as verification
of a valid continuing
education experience.] Unauthorized
signatures <nl>or verification
<ol> will not be accepted.


<nl>(11)<ol>[(12)] Evidence of
the acquisition of continuing
education credit shall be
submitted to the committee
together with the license
renewal form and fee
at the time of renewal.


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 26, 1991.

TRD-9110425

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Proposed date of adoption: December 7, 1991

For further information, please call: (512) 459-2935

   
   


Subchapter J. Fees and Late Renewal Penalties.


22 TAC sec.741.181


The amendment is proposed under Texas Civil Statutes, Article
4512j, sec.5, which provide the State Committee of Examiners
for Speech-Language Pathology and Audiology, subject to the approval
of the Texas Board of Health, with the authority to adopt rules;
and Health and Safety Code, sec.12.001, which provides the
Texas Board of Health with the authority to adopt rules for the
performance of every duty imposed by law on the Texas Board of
Health, the Texas Department of Health, and the commissioner
of health.



sec.741.181. Schedule of
Fees and Late Renewal
Penalties.<ol> The purpose
of this section is to
establish a schedule of
fees and penalties to
provide the funds to
support the activities of
the committee as follows:


(1)-(16) (No change.)


(17) late renewal penalty-<nl>$50
(if renewing from end
of the 60-day grace period
to the first renewal
date after expiration) or
$100 (if renewing after
first renewal date until
second renewal date after
expiration)<ol> [$15 per
month following the 60-day
grace period] plus all
accrued renewal fees; and


(18) (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 26, 1991.

TRD-9110411

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Proposed date of adoption: December 7, 1991

For further information, please call: (512) 459-2935

   
   


TITLE 25. HEALTH SERVICES

Part I. Texas Department of Health

Chapter 141. Massage Therapists



The Texas Department of Health (department) proposes amendments
to sec.sec.141.1-141.3, 141.5, 141.7, 141.8, 141.10, 141.14-141.18,
and 141.21; the repeal of existing sec.sec.141. 11-141.13;
and new sec.sec.141.11-141.13, and sec.141.22, concerning
massage therapists. The new sections cover general requirements
for massage schools and massage therapy instructors; curriculum;
minimum standards for operation of massage therapy schools and
massage therapy instructors; and active military duty.

The amendments and new sections will update and replace existing
sections and implement the provisions of House Bill 2420, 72nd
Legislature, 1991, relating to the regulation of massage therapy.
Generally, the changes include the registration and regulation
of massage schools, massage therapy instructors, and massage
establishments; hourly course requirements; extension of the
period for renewal; and the addition of renewal procedures for
active military duty.

Stephen Seale, Chief Accountant III, has determined that for
the first five-year period the sections are in effect there will
be fiscal implications for state government as a result of enforcing
or administering the sections. The effect on state government
will be an estimated additional cost of $43,823 and an estimated
increase in revenue of $43,823 for each year of fiscal years
1992-1996. There will be no effect on local government.

Mr. Seale also has determined that for each year of the first
five years the sections are in effect the public benefit anticipated
as a result of enforcing the sections will be assurance of a
minimum level of training and qualifications for individuals
training to be massage therapists. The department has no date
to allow a comparison of the cost for a small business to that
of a large business on the basis of cost per employee, cost per
hour of labor, or cost per $100 of sales. The cost of compliance
for renewal of school registrations for small businesses will
be $825 if gross income is less that $50,000 and $1,125 if gross
income is more that $50,000. There will be an additional cost
of $1,100 for initial school application fees. There will be
an additional cost for non-school based instructors of $375 the
first year and $475 for the subsequent annual renewal. There
may be an additional effect on small and large businesses of
$100-$1,000 to upgrade or inspect facilities and personnel to
comply with the proposed requirements. There will be an additional
cost of $412.50 to $562.50 for massage therapy schools and an
additional $187.50 for nonschool based instructors required to
pay the late renewal penalty fee. There is no probable impact
on local employment.

Comments on the proposal may be submitted to Becky Berryhill,
Program Administrator, Massage Therapy Registration Program,
1100 West 49th Street, Austin, Texas 78756-3183, (512) 459-2950.
Comments will be accepted for 30 days after the proposal has
been published in the Texas Register
. In addition, a public
hearing will be held
at 9 a.m., Monday, September
23, 1991, in the Texas
Department of Health Auditorium,
1100 West 49th Street,
Austin.

278>25 TAC sec.sec.141.1-141.3, 141.5, 141.7,
141.8, 141.10-141.18, 141.21, 141.22

The amendments and new sections are proposed under Texas Civil
Statutes, Article 4512k, sec.7, which provide the Texas Board
of Health with the authority to adopt rules concerning the regulation
and registration of massage therapists, massage instructors,
massage schools, and massage establishments; House Bill 2420,
72nd Legislature, 1991, relating to the regulation of massage
therapy; and Health and Safety Code, sec.12.001, which provides
the Texas Board of Health with the authority to adopt rules for
the performance of every duty imposed by law on the Texas Board
of Health, the Texas Department of Health, and the commissioner
of health.



sec.141.1. Definitions.<ol>
The following words and
terms, when used in this
chapter, shall have the
following meanings, unless the
context clearly indicates otherwise.


<ol>   <nl>Additional
program-A program, seminar,
or workshop for compensation
offering instruction related to
massage therapy beyond the
course of instruction required
for registration. This does
not include instruction of
purely avocational or recreational
subjects.


<ol>   Course of instruction
-The [250 hour,] supervised
course of study described
in the Act, sec.2.


<ol>   <nl>Independent
massage therapy instructor (MTI)
-A massage therapy instructor
teaching outside of a
registered massage therapy school.


<ol>   <nl>Initial program
-The course of study required
for registration.


<ol>   <nl>Internship
program-A program supervised
by a massage therapy
instructor in which a
student provides massage therapy
to the general public.
The massage therapy may
be for compensation in
an amount set by the
massage school or massage
therapy instructor and paid
to the massage school
or massage therapy instructor.


<ol>   Massage school
-An entity or organization
with at least two instructors
that teaches<nl>, at a
minimum,<ol> the course
of instruction required for
registration as a massage
therapist.


<ol>   Massage therapist
-An individual who practices
or administers massage therapy
to a patron of either
gender for compensation. The
term includes a <nl>registered
massage therapist,<ol> therapeutic
massage practitioner, [massaginist,]
massage technician, masseur, masseuse,
myo-therapist, body massager, body
rubber, or any derivation
of those titles.


<ol>   Massage therapy
-The manipulation of soft
tissue [for therapeutic purposes].
The term includes, but
is not limited to, effleurage
(stroking), petrissage (kneading),
tapotement (percussion), compression,
vibration, friction, nerve strokes,
and Swedish gymnastics, either
by hand or with mechanical
or electrical apparatus for
the purpose of body massage.
Massage therapy may include
the use of oil; salt
glows; heat lamps; hot
and cold packs; or tub,
shower, or cabinet baths.
Equivalent terms for massage
therapy are massage, therapeutic
massage, massage technology, myo-therapy,
body massage, body rub,
or any derivation of
those terms. <nl>Massage
therapy is a health care
service when the massage
is for therapeutic purposes.
<ol> The terms "therapy"
and "therapeutic" do not
include diagnosis, the treatment
of illness or disease,
or any service or procedure
for which a license to
practice medicine, chiropractic,
physical therapy, or podiatry
is required by law. Massage
therapy does not constitute
the practice of chiropractic.
[Massage therapy is a
health care service.]


<ol>   Massage therapy
instructor (MTI)-An individual
who <nl>is a registered
<ol> [has already acquired
the status of] massage
therapist, who is instructing
one or more students
in massage therapy and
whose instruction is approved
by the department.


<ol>   <nl>Owner-An
owner is:


<nl>(A) an individual, in
the case of a school
or establishment owned by
an individual;


<nl>(B) a partnership and
any partners, in the
case of a school or
establishment owned by a
partnership; or


<nl>(C) a corporation, in
the case of a school
or establishment owned by
a corporation.


<ol>   <nl>Patron-An
individual who receives massage
therapy services.


<ol>   Person-An individual,
<nl>partnership,<ol> corporation,
association, or other legal
entity.


<ol>   <nl>Program-An
initial program or an
additional program.


<ol>   <nl>Seminars
and workshops-Continuing education
programs of 55 clock
hours or less in duration
which serve to enhance
a student's career rather
than to develop basic
skills and fundamental knowledge
required for entry into
the field of massage
therapy. This includes continuing
professional education and organized
review for the department's
massage therapy examination. This
does not include seminars
and workshops for which
no charge is made.


<ol>   Sexually oriented
business-A business as defined
in the Texas Codes Annotated,
Local Government Code, 
<nl>sec.243.002<ol> [Chapter 243],
<nl>unless another meaning
applies under local law
<ol>.


<ol>   <nl>Subject-A
component of an initial
or additional program which
constitutes specific subject matter
designed to advance the
practical skills and knowledge
necessary to prepare a
student for practice as
a massage therapist.


<ol>   [Supervised-The physical
presence of an appropriately
qualified instructor.]



sec.141.2. The Advisory
Council.


(a)-(i) (No change.)


(j)  Reimbursement of expenses.


(1)-(3) (No change.)


(4)  Requests for out-of-state travel for council activities
must be approved by the <nl>associate commissioner
for special health services
<ol> [Deputy Commissioner for
Management and Administration]
of the department and
submitted on appropriate forms.


(k)-(l) (No change.)



sec.141.3. Fees.


(a) The schedule of fees is as follows.


(1) Massage therapists:


(A) (No change.)


(B)  examination fee:


(i)<ol> (No change.)


(ii)<ol> to be determined
by the agency approved
by the department to
administer the examination 
<nl>plus an administrative fee
determined by the department
<ol> at the time the
<nl>applicant<ol> [application]
is scheduled for an examination;


(C) re-examination fee:


(i)<ol> department administered:


(I)-(II) (No change.)


(III) written translation fee-the actual costs to
the department of translating or having the examination translated
into a foreign language, including salaries, travel expenses,
and out of pocket expenses <nl>plus an
administrative fee determined by
the department<ol>; or


(ii)<ol> to be determined
by the agency approved
by the department to
administer the examination 
<nl>plus an administrative fee
determined by the department
<ol> at the time the
applicant is to be rescheduled
for an examination;


(D) (No change.)


(E) late penalty fee (includes renewal fee)-
<nl>$48<ol> [$36];


(2) (No change.)


(3)  Massage therapy schools:


(A) <nl>initial<ol> [massage
school] registration <nl>and
inspection<ol> fee <nl>(initial
program)<ol>-<nl>$1, 400
<ol> [$300];


(B) <nl>each annual renewal
fee is dependent on the
gross amount (income from
student tuition and fees)
<ol> [massage school renewal
-$300];


<nl>(i)<nl> if income
from student tuition and
fees is not more than
$50,000, the fee is $825;


<nl>(ii)<nl> if income
from student tuition and
fees is more than $50,000,
the fee is $1,125;


(C) late penalty fee [(includes renewal fee)-$450]
<nl>-all unpaid renewal fees
and a fee that is
one-half of the renewal
fee for the registration;


<nl>(D) registration fee for
a change of name-$150;


<nl>(E)  registration fee
for a change of instructional
address (includes inspection) 
-$375;


<nl>(F) application fee for
an additional program-$225;
except for seminars and
workshops for which the
fee is-$35;


<nl>(G)  application and
registration fee for an
inspection of any facilities
that are separate from
the main campus-$375;


(4) Massage therapy instructors:


(A) (No change.)


(B) renewal fee <nl>for a school
based massage therapy instructor
<ol>-$100;


<nl>(C) renewal fee for
independent MTI (includes inspection)
-$475;


<nl>(D)<ol>[(C)]  late
penalty fee [(includes renewal
fee)-$150]<nl>-an unpaid
renewal fee and a fee
that is one half of
the renewal fee for the
registration;


<nl>(E)<ol>[(D)] <nl>application
and<ol> [additional endorsement
to previously approved] registration
<nl>fee for independent
MTI (this fee is in
addition to the registration
fee of $100)-$375<ol>
[-$50];


<nl>(F) application fee for
an additional program-$225;
except for seminars and
workshops for which the
fee is-$35;


<nl>(G) registration fee for
a change of instructional
address (includes inspection)-$375;


<nl>(H) registration fee for
a change of name-$20;


<nl>(I)  application and
registration fee for an
inspection of a change
of instructional address-$375;


(5) General:<nl> registration
certificate and identification
card replacement fee-$20<ol>[:]
<nl>.


[(A) certificate replacement fee-$10; and


[(B) identification card replacement fee-$10].


(b)-(c) (No change.)



sec.141.5. Massage Therapist
Registration Qualification Requirements.


(a) (No change.)


(b) Each applicant must present evidence satisfactory
to the department that the person has:


(1) successfully completed a minimum of a 250-hour supervised
course of instruction in massage studies provided by a registered
massage therapy instructor, registered massage school, a state
approved educational institution, or a combination of any of
these. <nl>Coursework completed at
state approved educational institutions
must have been completed
within five calendar years
of the date of application
in order to be used
to meet the coursework
requirements for registration.
An individual who begins
the required massage therapy
studies on or after January
1, 1992 must successfully
complete massage therapy studies
in a 300-hour supervised
course of instruction that
includes a 50 hour internship
program<ol>;


(2)-(3) (No change.)


(c)-(e) (No change.)



sec.141.7. Massage Therapist
Temporary Registration.


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


(c) A temporary registration <nl>is valid
for six months, until
the applicant is issued
a massage therapy registration
after successful completion of
the first examination for
which the applicant is
eligible, or until the
applicant is notified by
the department that he
or she has failed the
first examination for which
the applicant was eligible,
whichever is later,<ol>
[expires six months from
the date of issuance]
and is not subject to
renewal or extension for
any reason. A person
whose temporary registration has
expired is not eligible
to receive another temporary
registration.



sec.141.8. Massage Therapist
Determination of Eligibility


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


(c) An application for a registration shall be disapproved
if the person has:


(1)-(4) (No change.)


(5) been convicted of, entered a plea of nolo contendere
<nl>or guilty<ol> to,
or received deferred adjudication
to crimes or offenses
involving prostitution or sexual
offenses; [or]


(6) been convicted of a felony or misdemeanor if the
crime directly relates to the duties and responsibilities of
a registered massage therapist as set out in sec.141.19 of
this title (relating to Registration of Persons with Criminal
Backgrounds)<nl>; or [.]


<nl>(7)  practiced or
administered massage therapy at
or for a sexually oriented
business<ol>.


(d) (No change.)



sec.141.10. Massage Therapist
Registration Renewal.


(a)-(d) (No changes)


(e) Late renewal.


(1) (No change.)


(2) A person whose registration has expired for not more
than <nl>one year<ol> [90
days] may renew the registration
by submitting to the
department the registration renewal
form and the late renewal
penalty fee. The renewal
is effective if it is
mailed to the department
not more than <nl>one
year<ol> [90 days] after
the expiration date of
registration. The postmark date
shall be considered as
the date of mailing.


(3) A person whose registration has been expired for
more than <nl>one year<ol> [90
days] may not renew.
The person may obtain
a new registration by
submitting to re-examination and
complying with the then
current requirements and procedures
for obtaining a registration.


(f) Expiration of registration.


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


(3)  A person who fails to renew a registration is required
to surrender the registration certificate and identification
card to the department after [90 days from] expiration of the
registration or upon demand.



sec.141.11. General Requirements
for Massage Schools and
Massage Therapy Instructors.


(a) Registration generally. The Texas Department of Health
(department) may approve a massage school or massage therapy
instructor and issue a registration if the applicant is found
upon investigation to satisfactorily meet the minimum standards
set forth in sec.141.13 of this title (relating to Minimum
Standards for Operation of Massage Therapy Schools and Massage
Therapy Instructors).


(b) Application generally. An application shall be submitted
to the department prior to the proposed starting date of the
Massage Therapy Program (program). An application must be signed
by the owner or authorized representative of the owner of a school
or by the massage therapy instructor (MTI) applicant.


(1) All official application forms must be completed
and notarized.


(2) An original of the entire application and supporting
documentation must be submitted with all pages clearly legible.


(3) Applications which are received incomplete may cause
postponement of the program's starting date.


(4) If the application is revised or supplemented during
the review process, the applicant shall submit a transmittal
letter plus the revision or supplement specified. If a page is
to be revised, the complete new page must be submitted with the
changed item or information clearly marked.


(5) Additional information deemed important in consideration
of the application may be requested by the department.


(6)  All tuition, fees, and other charges shall be stated
in the application for registration.


(7) The department may conduct an inspection of the instructional
site.


(8) The department shall follow the requirements in 
s141.16 of this title (relating to Determination of Eligibility
of Massage Therapy Instructors, Massage Schools, and Massage
Establishments).


(9)  No school shall be operated or instruction given
and no student shall be solicited or enrolled until the department
has approved the application.


(10) The certificate must be displayed in an appropriate
and public manner at the primary school site.


(c) Financial stability.


(1)  The applicant shall furnish the department with
an audited balance sheet that has been certified by an independent
public accountant or certified public accountant properly registered
with the appropriate state board of accountancy.


(2) If the school will be owned by a sole proprietor
or if the applicant is an independent MTI, the balance sheet
may be reviewed rather than be audited by the accountant. The
notes to the personal balance sheet must disclose the amount
of payments for the next five years to meet debt agreements.


(3)  The balance sheet must be accompanied by the owner's
statement outlining any payments made since the balance sheet
date and the expected expenses for the first three months of
operation. These expenses may include, but are not limited to,
the following:


(A) salaries, listed by position name and including withholding,
unemployment taxes, and any other related expenses;


(B)  lease or purchase payments for equipment listed
by the name of the equipment;


(C) lease or purchase payments for facilities;


(D) accounting, legal, and professional fees; and


(E) an estimate of other expenses such as advertising,
travel, textbooks, office supplies, classroom supplies, printing,
telephone, utilities, and taxes.


(4) The balance sheet must reflect sufficient cash to
pay all expenses for the first three months of operation.


(5) The applicant shall also furnish such other evidence
as may be deemed appropriate by the administrator to establish
financial stability.


(6) All financial statements must identify the name of
the independent public accountant or certified public accountant
who prepared the statements and be in accordance with generally
accepted accounting principles. Compilations must be accompanied
by the owner's or MTI's affidavit that the statements are true
and correct.


(d) Franchise tax. A corporate applicant must file a
statement that its franchise taxes are current, that the corporation
is exempt from payment of the franchise tax, or that it is an
out-of-state corporation that is not subject to the franchise
tax.


(e) Additional programs.


(1) A massage school making application for approval
of additional programs beyond the required course of instruction
shall submit the necessary documents as designated by the department
with the appropriate fee. Programs must be approved prior to
solicitation of students, advertising, or conducting classes.
An approval for an additional program will be denied if the registrant
is not in compliance with the Act or this chapter.


(2) No additional programs shall be approved by the department
unless by the applicant demonstrates that the program offered
is of such quality, content, and length as to reasonably and
adequately impart to a student the job skills and knowledge necessary
for the student to practice as a massage therapist.


(3) In determining whether an application for approval
of an additional program shall be approved, the department shall
consider the following.


(A) The program shall prepare the student for practice
as a massage therapist. Each subject that collectively constitutes
the program shall advance the practical skill and knowledge required
for practice as a massage therapist.


(B)  Each program submitted for approval shall identify
the clock hours allocated to each subject which comprises the
program. The total number of clock hours allocated to each subject
shall bear a direct and reasonable relationship to the practice
of massage therapy. Subjects or a combination of subjects constituting
a program which, when considered separately or collectively,
evidence clock hours which are not reasonable to prepare the
student for the practice of massage therapy shall not be approved.
In determining whether a particular subject or the program as
a whole conforms to the standards in this chapter, the department
shall consider:


(i)<ol> the structure, content,
and length of programs
offered by other educational
providers which prepare the
student for the practice
of massage therapy;


(ii)<ol> any statutory requirements
applicable to massage therapy;


(iii)<ol> the opinion of
individuals whose expertise in
massage therapy is acknowledged
in education or the industry;


(iv)<ol> whether the employability
or advancement potential of
a student who successfully
completes the program under
review would be significantly
greater than the employability
of a student who successfully
completes a program with
fewer clock hours which
prepares the student for
the practice of massage
therapy;


(v)<ol> the education and
experience level set forth
in the entrance requirements
as prerequisite; and


(vi) <ol> any other relevant
information.


(C) Each subject and program submitted for approval shall
be identified by a title. False, misleading, or deceptive program
or subject titles shall not be approved.


(4)  Applications for program approval shall be submitted
on forms provided by the department.


(5) A school or independent MTI shall not advertise or
publish in any pre-enrollment information a program which has
not been approved by the department.


(f) MTI. An MTI desiring to teach an initial or additional
program independent of a massage school shall meet the same requirements
of this chapter as required of massage schools. An MTI may teach
all subjects within the initial program at a registered massage
school or independently.


(g) Location. A registration shall be issued only for
a specifically approved instructional location(s).


(1) A massage school or independent massage therapy instructor
shall obtain approval for an additional location where a program
will be offered if the location has not previously been approved
by the department as part of the school's or instructor's registration.
Upon approval of an additional location, further programs may
be offered at the previously approved location or the additional
location.


(2) A request for a change of instructional location
of a massage school or an independent MTI must be filed and approved
by the department before the changed location is used. Upon approval
of a change of instructional location, further programs shall
only be offered at that location.


(3) A request under this subsection shall include all
documents designated by the department as being necessary to
evaluate the request and the appropriate fee.


(4) The approval shall be issued if the new location
complies with the Act and this chapter as demonstrated in the
application and by an inspection of the additional or changed
location(s).


(5) Refunds due under the cancellation and refund policy
must be made before the department will approve the location.


(h) Notification of issuance or denial of registration.
The department, upon review and consideration of an application
for a registration or other approval, shall approve or disapprove
the application. The department shall set forth in writing the
approval or the reasons for denial of approval.


(i) Effective date of registration. The effective date
of the registration shall be the date the certificate of registration
is issued.


(j) Exemption.


(1) A school approved by the central education agency
(agency) or that is otherwise approved by the state is not required
to be registered as a massage school.


(2) A person who is otherwise approved by the state to
teach massage therapy or holds a teaching certificate in massage
therapy from the agency is not required to be registered as a
massage therapy instructor.


(k) Transfer or change of ownership. No massage school
or massage therapy instructor registration shall be transferred
or sold to another person or owner.


(1) The new owner of a massage school must apply for
registration as a new applicant.


(2) A massage school may not operate under a new owner
until a massage school registration is issued by the department
to the new owner.


(3) The new owner may provide a copy of the sales contract,
bill of sale, deed, or other instruments necessary to transfer
ownership of the school if the instruments will provide the department
with part of the information usually required from an applicant.


(4) The former owner of a massage school must surrender
the registration certificate of the school before the application
of the new owner will be approved by the department.


(l) Change of control. A massage school must notify the
department in writing and within 10 days of any change concerning:


(1) the person who:


(A) has an ownership interest in the stock of the corporate
owner of 35 percentum or more; or


(B) is an officer or director of the corporate owner;
and


(2)  the persons, other than owners, who are:


(A) officers, directors, or registered agents of the
owner;


(B) employees who exercise operational or managerial
control over the school or who directly or indirectly conduct
the day-to-day operations of the school; or


(C) responsible for the management of the owner.


(m) Suspension of enrollments. If a massage school or
independent MTI suspends enrollments or closes, the school or
MTI may not advertise, solicit, or in any way advise prospective
students, either directly or indirectly, of the program offerings.
If a school or MTI suspends or closes, they must give written
notice to the department within 10 days of the suspension or
closure. The department shall be furnished with the names and
addresses of any students who were prevented from completion
by reason of the discontinuance of the program. The school or
MTI shall request reinstatement when they are ready to open.
Re-enrollments may not be made until the department issues a
reinstatement notice.


(n) Notification of legal action. All massage schools
and massage therapy instructors shall notify the department in
writing of any legal action (civil or criminal) which may concern
the operation of the massage school or the instruction of the
MTI and be filed against the registrants, its officers, directors,
or any employee within 10 working days after the registrant,
its officers, directors, or any employee has commenced the legal
action or been served with legal process. The registrant shall
submit a file-marked copy of the petition or complaint that has
been filed with the court with the written notice.


(o) Renewal. A complete application for renewal of a
registration shall consist of:


(1) the annual renewal fee;


(2) the completed application for renewal;


(3)  the complete annual financial statements for the
most recent fiscal year, demonstrating the massage school or
independent MTI is financially stable and capable of fulfilling
its commitments for instruction; and


(4) any other information deemed necessary by the department
to determine compliance with the Act and this chapter.


(p) New programs. A program must get reapproval from
the department as a new program if it is a program:


(1)  which has not been offered previously or has been
offered and then discontinued; or


(2) in which the total hours, content, or lessons of
the approved program change 25% or more within a 12-month period
(examples: from 1,000 hours to 750; 20 lessons to 30; 600 hours
to 900).


(q) Memorandum of understanding (MOU). A MOU concerning
proprietary schools and regulation by the agency and this department
is adopted by reference. A copy is available from the Texas Department
of Health, Massage Therapy Registration Program, 1100 West 49th
Street, Austin, Texas, 78756-3183. Under the MOU, the following
schools and instructors do not meet the definitions of "massage
school" or "massage therapy instructor" in the Act and sec.141.1
of this title (relating to Definitions) and are not subject to
regulation by this department but may be subject to regulation
by the agency under the Texas Proprietary School Act:


(1) an organization or entity with at least two instructors
that does not teach the course of instruction required for registration
as a massage therapist. Even if the organization teaches courses
related to massage therapy, its failure to teach the required
course of instruction removes the organization from the definition
of "massage school" and from regulation by the department. If
the organization begins to teach the required course of instruction,
the organization must obtain registration as a massage school
from the department and meet the department's rules in this chapter.
The newly registered massage school would not be required to
continue its licensure as a proprietary school under agency rules
unless the organization teaches subjects which are not related
to massage therapy and, therefore, outside the department's rules
on this chapter. Only schools which teach at least the required
course of instruction may be registered as massage schools under
the Act and this chapter;


(2) an individual who is a registered MTI, teaches massage
therapy independently of a massage school, and independently
teaches subjects not related to massage therapy. The department
will regulate an instructor's hours related to massage therapy,
but hours not related to massage therapy are outside the definition
of "massage therapy instructor" and may place the individual
under the definition of "proprietary school" and central education
agency rules; and


(3) an individual who is a registered MTI and who does
not teach massage therapy but teaches subjects other than massage
therapy. The hours not related to massage therapy are outside
the definition of "massage therapy instructor" as stated in paragraph
(2) of this subsection.



sec.141.12. Curriculum.


(a) The course of instruction for registration shall
consist of 250 hours, to include:


(1) 125 hours of Swedish massage therapy techniques;


(2) 25 hours of physiology;


(3) 50 hours of anatomy;


(4) 15 hours of hydrotherapy;


(5)  15 hours of business practices and professional
ethics; and


(6) 20 hours of health and hygiene.


(b) An individual who begins the required massage therapy
studies on or after January 1, 1992 must successfully complete
massage therapy studies in a 300-hour supervised course of instruction
that includes a 50-hour internship program as well as the subjects
described in subsection (a) of this section.


(1) An internship program shall be conducted on the school
grounds or in a clinic or classroom setting provided by the massage
school or independent massage therapy instructor (MTI).


(2)  A student must complete the requirements of the
first 250 hours described in subsection (a) of this section before
being eligible to enter the internship program.


(3) A student who is participating in an internship program
may:


(A) make an appointment with a client;


(B) interview a client;


(C) perform massage therapy;


(D) collect and review a client evaluation with the student's
supervisor; and


(E) perform other tasks necessary to the business of
providing massage therapy to the public.


(4) A student who is participating in an internship program
must be under the supervision and direction of a massage therapy
instructor during the hours that the student is working in the
internship program.


(5) An internship program shall provide a student with
a minimum of 40 hours of hands-on massage therapy experience.
During the hands on experience an MTI must be available on the
school grounds or within the building.


(c) Each massage therapy school or massage therapy instructor
registered by the Texas Department of Health shall follow the
curriculum prescribed by the department for the hours taught.


(d) An instructor must be physically present with the
student during the classroom hours taught by that instructor.


(e) A classroom hour shall constitute 50 clock minutes
of actual classroom time.


(f) A massage school or an MTI may not offer a course
of instruction for registration as a massage therapist which
requires the successful completion of more course hours than
are required for registration as a massage therapist under the
Act.


(g) A student in a state-approved course of instruction
that consists of a minimum of 300 hours is exempt from registration
under the Act if the student provides massage therapy as a part
of an internship program or for no compensation.



sec.141.13. Minimum Standards
for Operation of Massage
Schools and Massage Therapy
Instructors.


(a) Minimum standards of operation must be maintained
by all massage schools and massage therapy instructors to ensure
educational programs of high quality which will be of benefit
to the student, the school, the instructor, and the public. The
observance and maintenance of these standards is the responsibility
of each massage school and massage therapy instructor (MTI).


(b) Each massage school and MTI shall comply with the
following standards. (Each MTI shall comply with the standards
as applicable to the MTI's type of instruction, i.e., within
a massage school or independent of a school).


(1) Personnel.


(A) School director.


(i) <ol> Each school shall
designate one individual as
the school director of
the school. The school
director, as agent for
the school's owner, is
responsible for the school
program, the organization of
classes, the maintenance of
the school plant, and
the maintenance of proper
administrative records and all
other procedures related to
the administration of the
school.


(ii)<ol> The school director
shall be:


(I) a graduate of an accredited institution of higher
learning (college or university) with one year of experience
in administration or institutional management; or


(II) an individual with two total years of administrative,
supervisory, or management experience or higher education.


(iii)<ol> The school director
shall serve as a liaison
during any inspection by
the department or may
designate a member of
the staff to serve as
the liaison.


(iv)<ol> The school director
shall designate an individual
to perform all the functions
of, and succeed to, the
authority of the named
school director when the
school director is unavailable
or absent from the school.


(B) Instructors.


(i)<ol> An MTI shall
instruct the Swedish massage
therapy technique course of
study, shall be a registered
massage therapist, and shall
have:


(I) a high school diploma or a general equivalence diploma;


(II) a minimum of two years of practice as a massage
therapist. Completion of 100 hours beyond the initial program
at a proprietary school approved by the central education agency,
a state approved educational institution, or in an additional
program approved by the Texas Department of Health (department)
may be substituted for six month's experience with a maximum
substitution of 200 hours for one year; and


(III)  attended a course on teaching adult learners or
have demonstrated competency in teaching adult learners. Courses
attended may include an instructional certification program,
a college level course in teaching adult learners, a continuing
education course in teaching adult learners, or an additional
program approved by the department in teaching the course of
instruction. Demonstrated competency in teaching adult learners
may be verified by a letter of reference. Teaching experience
may include formal or informal teaching of varied subjects to
adult learners.


(ii)<ol> Qualified personnel
may participate as instructors,
have attended a course
on teaching adult learners,
or have demonstrated competency
in teaching adult learners.
Instructors other than an
MTI shall have one of
the following specific qualifications.


(I) An instructor must hold a baccalaureate or higher
degree from an accredited college or university, and:


(-a-) the baccalaureate or higher degree or other coursework
must include satisfactory completion of nine semester hours or
12 quarter hours in subjects related to the subject area to be
taught; or


(-b-) the instructor must have a minimum of one year
of practical experience within the last 10 years in the subject
area to be taught.


(II)  An instructor must hold an associate degree from
an accredited college, university, or recognized postsecondary
institution and:


(-a-) the instructor must have a minimum of one year
of practical experience within the last 10 years in the subject
area to be taught and the associate degree must include satisfactory
completion of nine semester hours or 12 quarter credit hours
in subjects related to the subject area to be taught; or


(-b-) the instructor must have a minimum of two years
of practical experience within the last 10 years in the subject
area to be taught.


(III)  An instructor must hold a high school diploma,
general equilivancy degree (GED), or proof of satisfactory completion
of relevant subject(s) from a recognized postsecondary institution
or practical experience of a minimum of two years within the
last 10 years in the subject area to be taught.


(iii) <ol> Each instructor shall
be evaluated by the school
annually. The report of
the evaluation shall be
available for review by
the department.


(iv) <ol> The school shall
ensure continuity of instruction
through the reasonable retention
of qualified instructors.


(2) Admission requirements.


(A) General. Each massage school and independent massage
therapy instructor shall submit its entrance requirements for
each program for approval or disapproval by the department. Justification
shall be submitted for the entrance requirements stated.


(B) Entrance requirements. Evidence shall be maintained
in each student's file to show that the entrance requirements
have been met.


(C) Previous education and training. Each massage school
and independent MTI must maintain a written record of the previous
education and training of a student which meets any portion of
the course of instruction required for registration.


(i)<ol> Official transcripts
of all postsecondary institutions
attended by the student
must be placed in the
student's file with a
written evaluation initialed by
the school director or
the independent MTI.


(ii)<ol> A school or
independent MTI may not
require a student to
retake subjects which the
student has already completed
and which meet the requirements
of the Act, sec.2(b)(1).
The department shall verify
in writing whether the
previously taken subjects meet
the requirements of the
Act.


(D) Pre-enrollment information. Prior to enrollment each
school or independent MTI shall furnish the following to each
prospective student and allow the prospective student a reasonable
time to review the following prior to execution of an enrollment
agreement:


(i)<ol> a program outline;


(ii)<ol> the admission requirements;


(iii)<ol> a schedule of
tuition, fees, and other
charges;


(iv)<ol> a cancellation and
refund policy;


(v)<ol> the length of
time for completion of
program;


(vi) <ol> a class schedule
including break and meal
times;


(vii)<ol> the attendance, progress,
and grievance policies;


(viii)<ol> the pupil-teacher
ratio;


(ix)<ol> the rules of
conduct;


(x) <ol> the data, if
available, about the number
of job openings in massage
therapy in the geographical
area of the school within
the last 12 months with
the name of the source;


(xi)<ol> the rules pertaining
to incomplete grades;


(xii)<ol> the written and
verbal explanations of the
difference between a loan
and a grant, if the
school participates in a
loan or grant program;


(xiii)<ol> a copy of
the enrollment agreement;


(xiv)<ol> a notice that
clearly states the number
of course hours which
must be successfully complete
before a student can
register as a massage
therapist under this chapter;
and


(xv)<ol> a list of
instructors, their qualifications,
and the subject area
taught by each.


(E) Receipt form. Each massage school or independent
MTI shall use a form approved by the department to verify the
prospective student's receipt of the information required in
subparagraph (D) of this paragraph. At the discretion of the
department, the form shall include the following or similar statements:


[graphic]


(F) Acknowledgment. Acknowledgment of the receipt of
each required piece of information or documentation set forth
in subparagraph (D) of this paragraph shall be indicated by the
signature of the prospective student on a copy of the pieces
of information or documentation. A copy shall be given to the
student.


(G) Enrollment agreement. Each massage school and independent
MTI shall develop an enrollment agreement which shall be used
to enroll each student. The agreement shall include, but is not
limited to:


(i)<ol> the full and
correct name and location
of the massage school
or independent MTI, the
school director, and owners
of the massage school;


(ii)<ol> the program title,
tuition, fees, reasonable estimated
cost of books and supplies,
any other expenses, total
cost of the program,
items subject to cost
change, method of payment
and payment schedule, disclosure
statement (if interest is
charged on more than
three payments), student's right
to cancel;


(iii)<ol> the date the
program is to begin and
the course length;


(iv)<ol> the name and
address of the student;


(v)<ol> a statement that
the student has received
a copy of the information
in subparagraph (D) of
this paragraph; and


(vi)<ol> a cancellation and
refund policy.


(H) Tour. Each prospective student shall be allowed to
tour the instructional facilities and inspect the equipment prior
to signing an enrollment agreement. A student may decline to
take a tour.


(I) Copy of agreement. Each student shall be given a
copy of his or her executed enrollment agreement and a copy shall
be kept in the student's file maintained by the school along
with a copy of the acknowledgment required by subparagraph (E)
of this paragraph.


(3) Conduct policy.


(A) General. A school and independent MTI shall develop
and implement a written policy pertaining to conduct of students.


(B) Elements. The policy shall include:


(i) <ol> conditions for dismissal;
and


(ii)<ol> conditions for re-entrance
of those students dismissed
for violating the conduct
policy.


(4) Tuition and fees.


(A) General. A school and independent MTI shall develop
and implement a written policy relating to method(s) of payment
that are available to enrolling students. If student financing
is available through any form of arrangement or agreement between
the school or independent MTI and a lending institution, the
complete terms of the arrangement or agreement must be disclosed
in the policy. In addition, if any form of financing is available
at the school or with the independent MTI, all charges and the
true annual percentage rate and the name(s) and address(es) of
the lending institution(s) shall be disclosed in the policy.


(B) Student's liability. A student shall not be held
liable for any tuition, fees, or other charges not previously
disclosed in the policy.


(C) Scholarships. Scholarships may be offered, provided
that the terms of the scholarships are published and disclosed
in the policy.


(D) Receipts. Any funds received from, or on behalf of,
a student shall be recorded in a format that is current and readily
accessible to department representatives. Receipts shall be issued
to the student. The funding source and the reason for the charges
shall be clearly identified on both documents.


(5) Cancellation and refund policy.


(A) General. Each school and independent MTI shall develop
and implement a cancellation and refund policy as described in
this paragraph. Except for seminars and workshops (see subparagraph
(C) of this paragraph), the policy must provide a full refund
of all monies paid by a student if:


(i) <ol> the student cancels
the enrollment agreement within
72 hours (until midnight
of the third day excluding
Saturdays, Sundays, and legal
holidays) after the enrollment
contract is signed by
the prospective student; or


(ii) <ol> the enrollment of
the student was procured
as the result of any
misrepresentation in advertising,
in promotional materials of
the school or independent
MTI, or by the owner,
the school, or MTI.


(B) Refunds. Except for seminars and workshops, the policy
must provide for the refund of the unused portion of tuition,
fees, and other charges in the event the student, after expiration
of the 72-hour cancellation privilege, fails to enter, withdraws
from, or is terminated from the program at any time prior to
completion. The policy must provide that:


(i)<ol> refunds for each
program will be based
on the program time expressed
in clock hours;


(ii) <ol> refunds must be
consummated within 30 days
after the earliest of:


(I) the effective date of termination if the student
is terminated;


(II) the date of receipt of written notice from the student
of withdrawal; or


(III) 10 instructional days following the first day of
the program if the student fails to enter;


(iii)<ol> if tuition is
collected in advance of
the first day of the
program, and if, after
expiration of the 72-hour
cancellation privilege, the student
does not enter the program,
not more than $100 shall
be retained by the school
or independent MTI;


(iv) <ol> if a student
enters a program not
more than 12 months in
length and is terminated
or withdraws, the school
or independent MTI may
retain $100 of tuition
and the minimum refund
of the remaining tuition
will be:


(I)  during the first week or one-tenth of the program,
whichever is less, 90% of the remaining tuition;


(II) after the first week or one-tenth of the program,
whichever is less, but within the first three weeks of the program,
80% of the remaining tuition;


(III) after the first three weeks of the program, but
within the first quarter of the program, 75% of the remaining
tuition;


(IV) during the second quarter of the program, 50% of
the remaining tuition;


(V) during the third quarter of the program, 10% of the
remaining tuition; and


(VI) during the last quarter of the program, the student
may be considered obligated for the full tuition;


(v) <ol> for programs more
than 12 months in length,
the refund shall be applied
to each 12-month period,
or part thereof separately;


(vi)<ol> refunds of items
of extra expense to the
student, such as instructional
supplies, books, student activities,
laboratory fees, service charges,
rentals, deposits, and all
other such ancillary miscellaneous
charges, where these items
are separately stated and
shown in the pre-enrollment
information, will be made
in a reasonable manner;


(vii)<ol> if a program
is discontinued by the
school or independent MTI
and this prevents the
student from completing the
program, all tuition and
fees paid shall be refunded;


(viii)<ol> if an additional
or changed location is
10 miles or more from
the previously approved location
of instruction and an
enrolled student is unable
to complete the program
at the additional or
changed location as determined
by the department, all
tuition and fees paid
shall be refunded; and


(ix)<ol> if a student
did not meet the admission
requirements of a program
and the student does
not complete the program
for any reason, all tuition
and fees shall be refunded;


(C)  Seminars and workshops. The cancellation and refund
policy for seminars and workshops shall provide for a 100% refund
of all tuition and fees paid if the student cancels at least
four weeks before the first day of the seminar or workshop. Refunds
for cancellations made in less than four weeks shall be determined
by the school or independent MTI and addressed in the policy.


(D) Computations. In all refund computations, leaves
of absence, suspensions, school holidays, days when classed are
not offered, and summer vacations shall not be counted as part
of the elapsed time for purposes of calculating a student's refund.


(E) Evidence of refund attempts. A massage school or
independent MTI is considered to have made a good faith effort
to consummate a refund if the student's file contains evidence
of the following attempts:


(i)<ol> certified mail to
student's last known address;


(ii)<ol> certified mail to
the student's permanent address;
and


(iii)<ol> certified mail to
the address of the student's
parent, if different from
the permanent address and
if known.


(F) Audit. If the department determines that the method
used by the massage school or MTI to calculate refunds is not
in compliance with this section, the massage school or MTI shall
submit a report of an audit conducted by a certified public accountant
or public accountant registered with the State Board of Public
Accountancy of the refunds due former students. The audit opinion
letter shall be accompanied by a schedule of student refunds
due which shall disclose the following information for the previous
four years for each former student:


(i) <ol> the name, address(es),
and social security number;


(ii)<ol> the last date
of attendance and date
of termination;


(iii)<ol> the amount of
refund with principal and
interest separately stated, date
and check number of payment
if payment has been made,
and any balance due;
and


(iv) <ol> the reason for
refund.


(G) Disciplinary action. The department may revoke or
suspend a massage school or an MTI's registration for a violation
of this subsection; however, the department has no authority
to recover a refund on behalf of a student.


(6) Miscellaneous program requirements.


(A) Qualified faculty. Once a school begins to teach
a program and unless enrollment is suspended or the school classes,
the school shall maintain sufficient and qualified instructors
to teach all subjects for completing the program during the length
of time stipulated in the pre-enrollment information regardless
of the size of the class.


(B) Scheduling of classes. Each massage school or independent
MTI shall schedule classes so that the students will be able
to complete the program during the length of time stipulated
in the pre-enrollment information.


(C) Evening school. No evening school class schedule
shall extend beyond a reasonable time.


(7) Advertising.


(A) Statements. A massage school or independent MTI shall
not make deceptive, false, or misleading statements concerning
another school's or instructor's activities or programs.


(B) Prospective students. Every advertisement seeking
prospective students must clearly indicate that training is being
offered, and shall not, either by actual statement, omission,
or intimation, imply that prospective employees are being sought.


(C) Name of school. All advertisements seeking prospective
students must include the full and correct name of the school
or independent instructor and the address of instruction.


(D) Employment guarantees. No statement or representation
shall be made to prospective or enrolled students that employment
will be guaranteed upon completion of any program or that falsely
represents opportunities for employment.


(E) Accreditation. No statement shall be made that the
school, the MTI, or the programs have been accredited unless
the accreditation is that of an appropriate nationally recognized
accrediting agency listed by the United State Office of Education.


(F) Employment agencies. No massage school or MTI shall
advertise as an employment agency under the same name or a confusingly
similar name or at the same location as the school or MTI. No
representative shall solicit students for a program through an
employment agency.


(G) Proof of claims. The department at any time may require
that a school or MTI furnish proof to the department of any advertising
claims. If proof acceptable to the department cannot be furnished,
a retraction of such advertising claims published in the same
manner as the claims themselves, must be published by the school
or MTI and continuation of such advertising shall constitute
cause for suspension or revocation of the registration.


(H)  Federal requirements. Nothing in this chapter shall
prohibit release of information to students as required by a
federal agency.


(8) Minimum progress and attendance standards.


(A) Progress. Appropriate standards must be implemented
to ascertain the progress of the students enrolled. Progress
standards must meet the following requirements.


(i)<ol> Each massage school
and independent MTI must
have a progress evaluation
system based on a maximum
of 25% completion of
coursework.


(ii)<ol> The progress evaluation
records must be of a
type and nature to reflect
whether the student is
making satisfactory progress to
the point of being able
to complete all subjects
within the allotted time
provided in the pre-enrollment
information.


(iii)<ol> Seminars and workshop
programs do not need
to maintain a progress
evaluation system as described
in this paragraph. Seminar
and workshop programs may
give a final exam at
the end of the program
in lieu of the progress
evaluation.


(iv)<ol> A massage school
or MTI shall develop
and implement a written
policy relating to grading
period. A grading period
will not cover less than
20% nor more than 25%
of the required program
hours.


(v) <ol> A student who
is making unsatisfactory progress
at the end of a
grading period shall be
placed on probation for
the next grading period.
If the student on probation
achieves satisfactory progress
for the subsequent grading
period but has not achieved
the required grades to
achieve overall satisfactory progress
for the program, the
student may be continued
on probation for one
more grading period.


(vi)<ol> When a student
is placed on probation,
that student will be
counseled prior to returning
to class, and the date,
action taken, and terms
of the probation shall
be clearly indicated on
the appropriate permanent records.


(vii)<ol> If the student
on probation fails to
achieve satisfactory progress for
the first probationary grading
period, the student's enrollment
may be terminated.


(viii)<ol> The enrollment of
a student who fails to
achieve overall satisfactory progress
for the program at the
end of two successive
probationary grading periods shall
be terminated.


(ix)<ol> A student whose
enrollment was terminated for
unsatisfactory progress may re-enter
after a minimum of one
grading period.


(x) <ol> The cancellation and
refund policy required by
this section shall apply
to a student terminated
under this paragraph. The
effective date of termination
for purposes of refunds
shall be the last day
of the last probationary
grading period.


(xi)<ol> A student who
returns after the enrollment
was terminated for unsatisfactory
progress shall be placed
on probation for the
next grading period. The
student shall be advised
of this action and the
student's file documented accordingly.
If the student does not
maintain satisfactory progress
during or at the end
of this probationary period,
that student will be
terminated.


(B)  Attendance.


(i)<ol> Each school and
independent MTI shall develop
and implement a written
policy relating to attendance.
Seminar and workshop programs
do not need to maintain
an attendance policy.


(ii)<ol> Absence shall be
charged for a full day
when the student attends
none of the scheduled
classes on that day.
A partial day of absence
shall be charged for
any period of absence
during the day.


(iii)<ol> School holidays shall
not be considered as
days of absence.


(iv)<ol> The attendance policy
shall require termination of
students who accumulate absences
of:


(I) more than 10 consecutive school days; or


(II) more than 15% of the total clock hours in a program.


(v)<ol> The cancellation and
refund policy shall apply
to a student terminated
under this paragraph. The
effective date of termination
for purposes of refunds
shall be the last date
of absence under clause
(iv) of this subparagraph.
A student whose enrollment
is terminated for violation
of the attendance policy
may not re-enter before
the start of the next
grading period.


(vi)<ol> A school or
independent MTI may not
start students after the
third day of classes
except in those cases
where appropriate credit for
previous education has been
given which meets the
requirements of the Act,
sec.2(b)(1).


(vii)<ol> Make-up work shall
not be authorized for
the purpose of removing
an absence under clause
(iv) of this subparagraph.


(viii)<ol> Leaves of absence.


(I) A leave of absence for reasonable purposes acceptable
to the school director shall not exceed the lesser of 30 school
days or 60 calendar days.


(II) A student shall be granted only one leave of absence
for each 12-month period.


(III)  Attendance records shall clearly show the dates
for which the leave of absence was granted. A written statement
as to why the leave of absence was granted, signed by both the
student and the school director or independent MTI indicating
approval, shall be placed in the individual student's file.


(IV)  If the student fails to return from leave, the
student will be automatically terminated and a refund made under
the cancellation and refund policy. The effective date of termination
shall be the last date of the leave of absence.


(ix)<ol> Each school or
independent MTI must maintain
a master record of attendance
for each student which
clearly indicates the number
of scheduled hours each
day and the hours of
absence. The record must
indicate whether or not
a student was in attendance.
Permanent entries in the
roll books shall be made.


(9) Equipment requirements.


(A) Adequate equipment. Each school or independent MTI
shall provide adequate equipment in good working order. The equipment
required for instruction shall be determined by the program objective.
The equipment shall be comparable to that commonly found in the
practice of massage therapy.


(B) Quality. The equipment shall be of sufficient quality
to meet the maximum use requirements of the current students,
as demanded by the activity patterns of the program.


(C) Non-working equipment. Equipment not in working order
shall be removed from the instructional area, marked as out-of-order,
or properly identified as awaiting repair.


(10) Financial stability.


(A) Fiscal year. Each school and independent MTI shall
establish a fiscal year. The financial statements and balance
sheets required by this chapter shall cover the period of time
through the most recently completed fiscal year.


(B) General requirements for financial statements. Each
school and independent MTI shall furnish annually two copies
of acceptable financial statements in association with an independent
public accountant or certified public accountant not later than
120 days after the close of the fiscal year. These statements
must include:


(i) <ol> the calculation of
unearned student tuition shown
on the balance sheet
based upon at least a
quarterly pro rata basis
or refund policy basis
for the program, whichever
would most accurately reflect
recognition of income;


(ii)<ol> a statement of
results of operation (statement
of income and retained
earnings) which includes the
gross amount of tuition
and fees earned minus
refunds during the fiscal
year for all approved
programs;


(iii) <ol> a statement of
cash flows; and


(iv)<ol> the gross amount
of annual school student
tuition and fees minus
refunds unless the school
chooses to pay the maximum
annual renewal fee.


(C) Specific types of statements required. Each school
and independent MTI shall meet the following requirements.


(i)<ol> Each school and
independent MTI shall submit
audited financial statements which
have been certified by
an independent public accountant
or certified public accountant
at the end of their
first year of operation.


(ii)<ol> At the end
of the second year of
operation and thereafter, each
school and independent MTI
shall submit annual financial
statements as set forth
in subparagraph (B) of
this paragraph which may
be reviewed, rather than
audited, by a certified
public accountant or independent
public accountant. The school
or independent MTI may
submit financial statements which
have been compiled by
a certified public accountant
or independent public accountant
if the gross annual revenue
from student tuition and
fees is $50,000 or less
or the programs are less
than one month in length.
The compiled financial statements
shall contain at least
one note which discloses
the current and long
term liabilities similar to
those required by generally
accepted accounting principles
for reviewed and audited
statements.


(iii)<ol> If a question
arises as to the validity
of the compiled or reviewed
financial statements submitted
or to the adequacy of
the financial statements submitted
or to the adequacy of
the financial structure, the
department may require an
audit of a school or
independent MTI, at the
school's or instructor's expense,
that has been certified
by an independent public
accountant or certified public
accountant.


(D) Interim financial statements. If a school or independent
MTI chooses to submit interim financial statements in addition
to the annual statements to establish financial stability, those
interim statements must meet the minimum requirements in subparagraphs
(B) and (C) of this paragraph.


(E) Financial stability required. Each school and independent
MTI shall have sufficient finances to establish and carry out
a satisfactory program as approved by the department.


(F) Content. The applicant's balance sheet shall reflect:


(i)<ol> positive equity or
net worth balance;


(ii)<ol> unearned tuition as
a current liability; and


(iii)<ol> a current ratio
of at least one-to-one.
To determine this ratio,
staff will deduct any
unearned tuition from both
the asset and liability
sections and deduct from
the asset section and
the equity section of
the balance sheet any
subscription receivables, or related
party receivables in connection
with loans to stockholders
if the loan has been
included in current assets
for more than one year.


(G) Equity. The balance sheet shall reflect that equity
or net worth exceeds the amount shown for goodwill under assets
in the balance sheet.


(H) Accountant. All financial statements must identify
the name of the independent public accountant or certified public
accountant who prepared the statements and be in accordance with
generally accepted accounting principles. Compilations must be
accompanied by the owner's or independent MTI's affidavit that
the statements are true and correct.


(11) Federal audits. A school or independent MTI which
participates in federal financial aid programs must submit a
copy to the department of each audit done in accordance with
reporting requirements of "Government Auditing Standards," the
most current edition, issued by the comptroller general of the
United States, at the same time the audit report is submitted
to the United States Department of Education.


(12) Adequate space for classroom instruction and laboratory
experiences.


(A) General. The amount of classroom and laboratory space
shall meet the use requirements of the maximum number of current
students in class with appropriate seating facilities or work
stations, as necessitated by the activity patterns of the program.


(B) Workstations. Enrollment shall not exceed the design
characteristics of the student workstations.


(C) State and local requirements. The facilities shall
meet any state and local ordinances or requirements governing
building and safety for the designated use.


(13) Maximum ratios. These ratios may be varied at the
discretion of the school director or independent MTI to conform
to conditions. If adequate facilities and equipment are available,
the following maximum ratios are recommended for an initial program:


(A) laboratory-12 tables to one instructor and three
students to one table; and


(B) classroom-72 pupils to one instructor.


(14) Records.


(A) General. All schools shall make available for inspection
by the department the records and necessary data required for
approval and to show compliance with the Act and this chapter.
A copy of the accreditation authorization and the letter of eligibility
from the United State Department of Education shall be available
for review, if applicable.


(B) Retention. Each school and independent MTI shall
retain all student records for at least three years. Financial
records must be retained as required by federal retention requirements,
if applicable.


(C)  Transcripts. Each school and independent MTI must
maintain student transcripts which record academic records permanently.
Original or certified copies of transcripts (official transcripts)
shall be available to students and prospective employers at a
reasonable charge if the student has fulfilled the financial
obligation to the school. The transcript of a student shall include
only the subjects actually taught by the school or the independent
MTI.


(D)  Registration list. Each school and independent MTI
shall maintain a master student registration list consisting
of at least the information in this paragraph. An entry shall
be made on this list of any individual who signs an enrollment
agreement, makes a down payment to attend the class, or attends
a class. The entry shall be made on the date the first of these
events occurs and the list shall contain information concerning:


(i)<ol> the date of
the entry;


(ii)<ol> the name of
student;


(iii)<ol> the address of
the student including city,
state, and zip code;


(iv)<ol> the telephone number
of the student with area
code;


(v)<ol> the social security
number of the student;


(vi)<ol> the date of
birth of the student;
and


(vii)<ol> the name of
program.


(15) Student grievances.


(A) Grievance procedure. Each school and independent
MTI shall have a written grievance procedure that is disclosed
to all students. The procedure shall attempt to resolve disputes
between students, including drops and graduates, and the school
or instructor. Adequate records shall be maintained of grievances
and resolutions.


(B) Resolving grievances. Each school or independent
MTI shall make every effort to resolve complaints.


(16)  Inspections by the department. There will be at
least one unannounced inspection at each school or independent
massage therapy instructor's primary instructional location(s)
each year.


(A) Other inspections may be performed or announced at
the discretion of the department.


(B) If deficiencies are found, the school or independent
MTI shall be notified at the end of the inspection of the deficiencies.
If the deficiency is not serious or does not raise a health and
safety concern, the department shall give the school or independent
MTI 30 days to correct the deficiency.


(17) Fire safety.


(A) General. Each school and independent MTI shall maintain
each instructional location in accordance with applicable state
and local fire code(s) and regulations.


(B) Convictions. The conviction of an owner or operator
of a massage school or an MTI for a violation of a state or local
fire code(s) provision shall constitute a ground for disciplinary
action under this chapter.


(18) Sanitation.


(A) General. Each school and independent MTI shall maintain
each instructional location in accordance with applicable state
and local sanitary or health code(s) and regulations.


(B) Convictions. The conviction of an owner or operator
of a massage school or an MTI for a violation of a state or local
sanitary or health code provision shall constitute a ground for
disciplinary action under this chapter.


(C) Clean site. Each school and independent MTI must
keep the instructional site clean and in good repair at all times.


(D) Linens and laundry. Clean and dirty linens and laundry
must be kept separate and covered.


(E) Soap and water. Each instructional site must have
a soap dispenser, paper towels or air dryer, and hot and cold
running water.


(F) Ventilation. Each instructional site must have adequate
ventilation.


(G) Oil. Oil must be kept in closed containers.


(19) Effective date of rules. Programs commencing on
or after December 1, 1991, shall be governed by new sec.
s141.11-141.13 of this title (relating to General Requirements
for Massage Schools and Massage Therapy Instructors, Curriculum,
and Minimum Standards for Operation of Massage Therapy Schools
and Massage Therapy Instructors). Programs commencing prior to
December 1, 1991, shall be governed by sec.sec.141.11-141.13
of this title (relating to Massage School Application and Approval;
Massage School Requirements; and Massage Therapy Instructor Application
and Approval), as those sections existed on August 1, 1991.



sec.141.14. Registration Renewal
of Massage Schools and
Massage Therapy Instructors.


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


(d) Late renewal. A massage school or <nl>independent
<ol> massage therapy instructor
whose registration has expired
for not more than 
<nl>one year<ol> [90 days]
may renew the registration
by submitting to the
department the registration renewal
form and the late penalty
fee. The renewal is effective
if it is mailed to
the department not more
than <nl>one year<ol>
[90 days] after the expiration
date of registration. The
postmark date shall be
considered the date of
mailing.


(e) Expired registration. A massage school or <nl>independent
<ol> massage therapy instructor
whose registration has expired
for more than <nl>one
year<ol> [90 days] from
the expiration date may
not renew the registration.
The massage school or
<nl>independent<ol> massage
therapy instructor may obtain
a new registration by
submitting a new application
and complying with the
then current requirements and
procedures for obtaining a
registration.



sec.141.15. Massage Establishment
Registration and Renewal.


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


(c) An applicant must file a registration statement with
the department. The registration statement shall contain:


(1)-(6)  (No change.)


(7) the type of available or proposed facilities and
services <nl>as follows:<ol>[;]


<nl>(A) a floor plan
of the proposed massage
establishment that includes a
sketch of the following
items:


<nl>(i)<nl> entrance and
exits;


<nl>(ii)<nl> length and
width of establishment (in
feet);


<nl>(iii)<nl> total square
feet;


<nl>(iv)<nl> location of
rest room(s); and


<nl>(v) <nl> number
of massage tables;


<nl>(B) the inspection report
of the local fire marshall;
and


<nl>(C) evidence of separation
from the establishment of
rooms used wholly or
in part for residential
or sleeping purposes by
a solid wall or by
a wall with a solid
door which shall remain
locked during business hours;


(8) a statement of all misdemeanor and felony offenses
of which the owners or operators have been convicted, entered
a plea of nolo contendere <nl>or guilty
<ol>, or received deferred
adjudication<nl>.<ol> [;
and]


[(9) a statement as to whether or not the massage establishment
will fit within the definition of a sexually oriented business
in the Texas Codes annotated, Local Government Code, Chapter
243, and whether it is required to be registered as a sexually
oriented business under local law].


(d)-(i)<ol> (No change.)


<nl>(j) <nl>All massage
establishments shall notify the
department in writing of
any legal action (civil
or criminal) which may
concern the operation of
the massage establishment and
be filed against the
massage establishment, its owner,
operators, officers, directors,
or any employee within
10 working days after
the massage establishment, its
owner, operators, officers, directors,
or any employee has commenced
the legal action or been
served with legal process.
The massage establishment shall
submit a file-marked copy
of the petition or complaint
that has been filed with
the court with the written
notice.


<nl>(k)<ol>[(j)] Registration
renewal shall be as follows.


(1)  When issued, a registration is valid for one year
commencing on the date of issuance of the initial registration.


(2) A registrant must renew the registration annually.


(3) The renewal date of a registration shall be the last
day of the month in which the registration was originally issued.


(4) The department shall not renew the registration of
a massage establishment who is in violation of the Act or this
chapter.


(5)  <nl>At least 30
days prior to the expiration
date of the establishment's
registration, the department shall
send notice to the massage
establishment of the expiration
date of the registration
and the amount of the
renewal fee due and a
registration renewal.<ol> [The
department shall send notice
to the massage establishment
at least 30 days prior
to the expiration date
of the establishment's registration
of the expiration date
of the registration and
the amount of the renewal
fee due and a registration
renewal.]


(6) The registration renewal form shall require the provision
of changes in address or ownership or operators and information
regarding conviction, pleas of nolo contendere <nl>or
guilty <ol>, or receipt
of deferred adjudication for
crimes or offenses by
owners or operators.


(7) A massage establishment has renewed the registration
when the registrant has mailed the renewal form and the required
renewal fee to the department prior to the expiration date of
the registration. The postmark date shall be considered the date
of mailing.


(8) The department shall issue to a massage establishment
who has met all requirements for renewal a registration renewal
card. It shall be affixed to or displayed with the original certificate.


<nl>(l)<ol>[(k)] A registration
issued under this section
is not transferable.


<nl>(m) <ol>[(l)] Exempt
organizations and exemption procedures
are as follows.


(1) The following establishments are specifically exempt
from the provisions of the Act regulating massage establishments:


(A) an establishment that holds a license, permit, certificate,
or other credential issued by the state under another law, and
that offers or performs massage therapy under the scope of that
credential;


(B) a registered massage therapist who practices as a
solo practitioner;


(C) a nonprofit organization which is tax exempt under
26 United States Codes Annotated, sec.501(c) (Internal Revenue
Code); and


(D) a hotel, motel, or similar commercial establishment
which:


(i)<ol> offers a sleeping
room for rent for a
period of time that is
more than 10 hours; and


(ii)<ol> does not allow
a tenant or occupant
of a sleeping room to
subrent the room for
a period of time that
is less than 10 hours;


(E) a business whose primary business is devoted to the
sale of food and food products;


(F) a health spa in compliance with the Health Spa Act,
Texas Civil Statutes, Article 5221l;


(G) the office of a physician, chiropractor, physical
therapist, or member of another similar licensed profession as
determined by the department where the professional is practicing
within the scope of the license and where the professional uses
a registered massage therapist to practice massage therapy in
the professional's office under the professional's delegated
authority;


(H) an establishment owned or operated by the federal
government, the state, a political subdivision of the state,
or a municipality; or


(I)  an establishment which is operational for a period
of time of no more than 24 hours in a calendar year and in which
the provision of massage therapy services is incidental to the
primary athletic, fund raising, or other purpose of the event
sponsored by the establishment.


(2) An establishment may request an exemption from the
registration requirements of this section where it can show that
the advertising or provision of massage therapy services is incidental
to the person's primary enterprise.


(3) An establishment may file a written request addressed
to the administrator requesting an exemption and stating the
reasons why the exemption should be granted.


(4) The commissioner of health will make the final decision
and provide written notification of his decision to the applicant
and the administrator.


[(5)  A sexually oriented business shall not be granted
an exemption.]


<nl>(n) No massage establishment
registration shall be transferred
or sold to another person
or owner.


<nl>(1) The new owner
of a massage establishment
must apply for registration
as a new applicant.


<nl>(2) A massage establishment
may not operate under
a new owner until a
massage establishment registration
is issued by the department
to the new owner.


<nl>(3) The new owner
may provide a copy of
the sales contract, bill
of sale, deed, or other
instruments necessary to transfer
ownership of the massage
establishment if the instruments
will provide the department
with part of the information
usually required from an
applicant.


<nl>(4) The former owner
of a massage establishment
must surrender the registration
certificate of the establishment
before the application of
the new owner will be
approved by the department.


<nl>(o) A massage establishment
must notify the department
in writing and within
10 days of any change
concerning:


<nl>(1)  the person
who:


<nl>(A) has an ownership
interest in the stock
of the corporate owner
of 35 percentum or more;
or


<nl>(B) is an officer
or director of the corporate
owner; and


<nl>(2) the persons, other
than owners, who are:


<nl>(A) officers, directors,
or registered agents of
the owner;


<nl>(B) employees who exercise
operational or managerial control
over the establishment or
who directly or indirectly
conduct the day-to-day operations
of the establishment; or


<nl>(C) responsible for the
management of the owner.


<nl>(p) A corporate applicant
must file a statement
that its franchise taxes
are current, that the
corporation is exempt from
payment of the franchise
tax, or that it is
an out-of-state corporation that
is not subject to the
franchise tax.



sec.141.16. Determination of
Eligibility of Massage Therapy
Instructors, Massage Schools, and
Massage Establishments.


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


(c) An application for a registration or renewal shall
be disapproved if the person or owner or operator has:


(1)-(6) (No change.)


(7)  been convicted of, entered a plea of nolo contendere
<nl>or guilty<ol> [to,]
or received deferred adjudication
to crimes or offenses
involving prostitution or sexual
offenses; or


(8) (No change.)


(d) (No change.)



sec.141.17. Advertising.


(a) A person, including a massage therapy instructor,
a massage school, a massage therapist, or massage establishment
that is not registered under the Act shall not use the word "massage"
on any sign<nl>, display,<ol>
or other form of advertising
<nl>unless the person
is expressly exempt from
the registration requirements of
the Act. Under no circumstances
may a sexually oriented
business use the word
"massage" on any sign
or other form of advertising
<ol>.


(b)-(c) (No change.)



sec.141.18. Unprofessional Conduct.


(a) A registrant or the owner or operator of a massage
school or massage establishment is engaging in unprofessional
conduct that has endangered or is likely to endanger the public
health, welfare, and safety, if the person:


(1)-(6) (No change.)


(7) allows an unregistered person to engage in activity
for which registration is required; [or]


(8) is found to have allowed any <nl>individual
<ol> [person] to engage
in sexual conduct on
the premises of any massage
school or massage establishment
<nl>;


<nl>(9) practices nude or
in clothing designed to
arouse or gratify the
sexual desire of any
individual;


<nl>(10) performs massage therapy,
whether or not for compensation,
at or for a sexually
oriented business;


<nl>(11) practices massage therapy
fraudulently, with gross incompetence,
with gross negligence on
a particular occasion, or
with negligence or incompetence
on more than one occasion;
or


<nl>(12) fails to comply
with an order issued
pursuant to the Act.


(b) (No change.)


(c) For the purposes of this section, "sexual conduct"
<nl>includes deviate sexual
intercourse, sexual contact, sexual
intercourse, indecent exposure,
sexual assault, prostitution, and
promotion of prostitution as
<ol> [means any type of
sexual behavior that is]
described in the Texas
Penal Code, Chapters 21,
22, and 43<nl>, or
any offer or agreement
to engage in any such
activities<ol>.


<nl>(d) A registrant shall
post a visible sign,
at least 8 1/2 inches
by 11 inches, stating
the name, mailing address,
and telephone number of
the department where a
patron may file a complaint.



sec.141.21. Processing Applications.


(a) Time periods. The Texas Department of Health (department)
shall comply with the following procedures in processing applications
for registration and renewal.


(1)  The following periods of time shall apply from the
date of receipt of an application until the date of issuance
of a written notice that the application is complete and accepted
for filing or that the application is deficient and additional
specific information is required. A written notice stating that
the application has been approved may be sent in lieu of the
notice of acceptance of a complete application. The time periods
are as follows:


(A) letter of acceptance of application for <nl>massage
therapist<ol> registration or
temporary registration-20 working
days;


(B) letter of application or renewal deficiency-20
working days; [and]


(C) issuance of registration renewal after receipt of
documentation of all renewal requirements-10 working days
<nl>; and [.]


<nl>(D) letter of acceptance
of application for massage
school, massage therapy instructor,
or massage establishment registration
-30 working days<ol>.


(2) (No change.)


(b)-(d) (No change.)



sec.141.22. Active Military
Duty.


(a) If a registrant fails to timely renew his or her
registration on or after August 1, 1990, because the registrant
is or was on active duty with the armed forces of the United
States of America serving outside the State of Texas, the registrant
may renew the registration pursuant to this section.


(1) Renewal of the registration may be requested by the
registrant, the registrant's spouse, or an individual having
power of attorney from the registrant. The renewal form shall
include a current address and telephone number for the individual
requesting the renewal.


(2) Renewal may be requested before or after expiration
of the registration.


(3) A copy of the official orders or other official military
documentation showing that the registrant is or was on active
duty serving outside the state of Texas shall be filed with the
department along with the renewal form.


(4) A copy of the power of attorney from the registrant
shall be filed with the Texas Department of Health along with
the renewal form if the individual having the power of attorney
executes any of the documents required in this subsection.


(b) A registrant renewing under this subsection shall
pay the applicable renewal fee, but not a late penalty fee.


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 27, 1991.

TRD-9110450

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Proposed date of adoption: December 7, 1991

For further information, please call: (512) 459-2950

   
   


25 TAC sec.sec.141.11-141.13


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


The repeals are proposed under Texas Civil Statutes, Article
4512k, sec.7, which provide the Texas Board of Health with
the authority to adopt rules concerning the regulation and registration
of massage therapists, massage instructors, massage schools,
and massage establishments; House Bill 2420, 72nd Legislature,
1991, relating to the regulation of massage therapy; and Health
and Safety Code, sec.12.001, which provides the Texas Board
of Health with the authority to adopt rules for the performance
of every duty imposed by law on the Texas Board of Health, the
Texas Department of Health, and the commissioner of health.



sec.141.11. Massage School
Application and Approval.



sec.141.12. Massage School
Requirements.



sec.141.13. Massage Therapy
Instructor Application and Approval.


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 27, 1991.

TRD-9110451

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Proposed date of adoption: December 7, 1991

For further information, please call: (512) 459-2950

   
   

Chapter 145. Long-Term Care


Subchapter E. Procedures on Long-Term Care Facilities


25 TAC sec.145.88


The Texas Department of Health (department) proposes an amendment
to sec.145.88, concerning long term care procedures. Section
145.88 covers reports of abuse and neglect. The amendment will
update and clarify the definitions of abuse and neglect so that
department rules in Chapter 145 coincide with federal regulations
and guidelines and requirements in the Texas Penal Code.

Stephen Seale, Chief Accountant III, Budget Office, 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 as proposed.

Mr. Seale also has determined that for each year of the first
five years the section is in effect the public benefit anticipated
as a result of enforcing the section will be that facilities,
department employees, and the public will more clearly understand
what constitutes abuse or neglect in long-term care facilities.
There is no anticipated cost to small businesses to comply with
this section as proposed. There is no anticipated cost for persons
who are required to comply with this section. There is no effect
on local employment.

Comments on the proposal may be submitted to Richard L. Butler,
Chief, Bureau of Long-Term Care, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756-3185, at (512) 458-7709.
Comments will be accepted for 30 days following the date of publication
of this proposal in the Texas Register.

The amendment is proposed under the Health and Safety Code,
and sec.242.037 which provides the Texas Board of Health (board)
with authority to adopt minimum standards for long-term care
facilities; and sec.12.001 which provides the board with the
authority to adopt rules for the performance of every duty imposed
by law on the board, the department, and the commissioner of
health.



sec.145.88. Reports of
Abuse and Neglect under
the Health Safety Code,
Chapter 242, Subchapter E.


(a)-(g) (No change.)


(h) The following words and terms, when used in this
section shall have the following meanings, unless the context
clearly indicates otherwise.


(1)  Abuse-<nl>Any act,
failure to act, or incitement
to act done willfully,
knowingly, or recklessly through
words or physical action
which causes or could
cause mental or physical
injury or harm or death
to a resident. This includes
verbal, sexual, mental/psychological,
physical abuse (including corporal
punishment), involuntary seclusion,
or any other mistreatment
within this definition.<ol>
[The willful, knowing, or
reckless act of mistreatment
by anyone through words
of physical action which
results in physical injury
or emotional or mental
damage to a resident.]


<nl>(A) Verbal abuse-The
use of any oral, written,
or gestured language that
includes disparaging or derogatory
terms to a resident or
within the resident's hearing
distance, regardless of the
resident's age, ability to
comprehend, or disability.


<nl>(B) Sexual abuse-Any
touching or exposure of
the anus, breast, or
any part of the genitals
of a resident without
the voluntary, informed consent
of the resident, and
with the intent to arouse
or gratify the sexual
desire of any person,
and includes, but is
not limited to, sexual
harassment, sexual coercion, or
sexual assault.


<nl>(C) Physical abuse-Physical
action within the definition
of abuse in this paragraph
which includes, but is
not limited to, hitting,
slapping, pinching, and kicking.
It also includes controlling
behavior through corporal punishment.


<nl>(D) Involuntary seclusion-The
separation of a resident
from others or from his
or her room against his
or her will or the
will of his or her
legal representative. Temporary
monitored separation from other
residents will not be
considered involuntary seclusion
and may be permitted
if used as a therapeutic
intervention as determined by
professional staff and consistent
with the resident's plan
of care.


<nl>(E) Mental/psychological abuse
-The mistreatment within the
definition of abuse in
this paragraph which does
not result in physical
harm and includes, but
is not limited to, humiliation,
harassment, threats of punishment,
deprivation, or intimidation.


(2) Neglect-<nl>A deprivation
of life's necessities of
food, water or shelter;
or a failure of an
individual to provide services,
treatment or care to
a resident which causes
or could cause mental
or physical injury or
harm or death to the
resident.<ol> [The deprivation
of life's necessities which
cause physical or emotional
injuries to a resident
or adversely affects the
residents health and development.]


(i)-(m) (No change.)


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

Issued in Austin, Texas, on August 27, 1991.

TRD-9110448

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Proposed date of adoption: December 7, 1991

For further information, please call: (512) 458-7709

   
   

Chapter 325. Solid Waste Management


Subchapter O. Guidelines for Regional and Local Solid Waste
Management Plans.


25 TAC sec.sec.325.561,
325.563, 325.567, 325.568


(Editor's Note: The
Texas Department of Health
proposes for permanent adoption
the amended sections it
adopts on an emergency
basis in this issue.
The text of the amended
sections is in the Emergency
Rules section of this
issue.


The Texas Department of Health (department) proposes amendments
to sec.sec.325.561, 325.563, 325.567, and 325.568 concerning
guidelines for regional and local solid waste management plans.
Section 325.561 concerns purpose and scope, sec.325.563 concerns
regional and local plan requirements, sec.325.567 concerns
financial assistance for local and regional plans, and sec.325.568
concerns approved state, regional, and local solid waste management
plans. The amendments will implement the requirements of Senate
Bill 1519, 71st Legislature, 1989, and Senate Bill 1340, House
Bill 69, House Bill 1022, and House Bill 1581, 72nd Texas Legislature,
1991, concerning solid waste management.

Stephen Seale, Chief Accountant III, Budget Division, has
determined that for each of the first five years that the sections
will be in effect there will be fiscal implications as a result
of administering the sections. There will be an additional cost
to state government for development of regional and local solid
waste management plans of $1,886,000 per year. There will be
no reduction in cost and no increase in revenue to state government.
Also, there will be a reduction of $1,886,000 per year in cost
to local government (councils of governments, cities, and counties)
in developing regional and local solid waste management plans.

Mr. Seale also has determined that for each year of the first
five years that the sections are in effect the public benefits
expected as a result of administering the sections as proposed
will be the provision of additional funding assistance to councils
of governments, cities and counties for developing regional and
local solid waste management plans which provide for the proper
management of waste; the reduction of risks of environmental
pollution; the conservation of material and energy resources;
and the reduction of public health risks. There will be no costs
to small businesses and individuals and no impact on local employment.

A public hearing on these proposed sections is scheduled for
10 a.m., Wednesday, September 25, 1991, in the Auditorium of
the Texas Department of Health, 1100 West 49th Street, Austin.
Also, written comments will be considered if they are received
by 5 p.m., Friday, October 11, 1991. Written comments shall be
mailed to T. A. Outlaw, Jr., P.E., Chief, Bureau of Solid Waste
Management, Texas Department of Health, 1100 West 49th Street,
Austin, Texas 78756-3199. Telephone inquiries may be made by
contacting Glendon Eppler, Linda Pohren, or Charles Branton at
(512) 458-7271.

The amendments are proposed under the Solid Waste Disposal
Act, Health and Safety Code, sec.361.024, which provides the
Texas Board of Health with the authority to adopt rules to manage
and control municipal solid waste; Comprehensive Municipal Solid
Waste Management, Resource Recovery, and Conservation Act, Health
and Safety Code, sec.363.021, which provides the Texas Board
of Health with the authority to adopt rules to implement the
Act; Health and Safety Code, sec.12.001, which provides the
Texas of Health with the authority to adopt rules for the performance
of every duty imposed by law on the Texas Board of Health, the
Texas Department of Health, and the Commissioner of Health; Senate
Bill 1519, 71st Legislature, 1989; Senate Bill 1340, House Bills
69, 1022, and 1581, 72nd Legislature, 1991, concerning solid
waste management.


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 26, 1991.

TRD-9110426

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Proposed date of adoption: December 7, 1991

For further information, please call: (512) 458-7271

   
   


TITLE 28. INSURANCE

Part I. State Board of Insurance

Chapter 9. Title Insurance


Subchapter C. Texas Title Insurance Statistical Plan


28 TAC sec.9.401


(Editor's Note: The
State Board of Insurance
proposes for permanent adoption
the amended section it
adopts on an emergency
basis in this issue.
The text of the amended
section is in the Emergency
Rules section of this
issue.)


The State Board of Insurance proposes an amendment to sec.9.401,
concerning adoption by reference of the Texas Title Insurance
Statistical Plan (the plan). The amendment to the section itself
is necessary to reflect amendments which the board is proposing
to the plan, which the section adopts by reference. The amendments
to the plan are necessary to modify the current plan and to provide
for revised statistical coding to facilitate collection of data
relative to current Texas title insurance rate rules. Collection
of this data will assist the State Board of Insurance in the
accurate setting of appropriate rates for title insurance in
the State of Texas. The proposed amendments to the plan would
revise statistical coding and other instructions for insurers
reporting to the board on losses, claims, and other information
relevant to setting of rates. The board has filed with the Secretary
of State's Office, Texas Register Section, copies of the proposal
for amendments to the plan. Persons desiring copies of the proposal
can obtain copies from the Statistical and Rate Development Division,
Mail Code 109-1A, State Board of Insurance, William P. Hobby
State Office Building, 333 Guadalupe Street, P.O. Box 149104,
Austin, Texas 78714-9104.

Gaylon Daniel, chief actuary for property and casualty insurance,
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, and there will be no impact on local employment or local
economy.

Mr. Daniel 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 facilitation of
the collection of data relative to current Texas title insurance
rate rules, with support from the data for the State Board of
Insurance in the setting of accurate and appropriate rates for
title insurance in the State of Texas. There is no anticipated
economic cost to small businesses and to other persons who are
required to comply with the proposed section.

Comments on the proposal may be submitted to Gaylon Daniel,
Chief Actuary for Property and Casualty Insurance, Statistical
and Rate Development Division, Mail Code 109-1A, State Board
of Insurance, William P. Hobby State Office Building, 333 Guadalupe
Street, P.O. Box 149104, Austin, Texas 78714-9104.

The amendment is proposed under the Insurance Code, Article
9.21, which authorizes the State Board of Insurance to promulgate
and enforce rules and regulations prescribing underwriting standards
and practices and to promulgate and enforce all other rules and
regulations necessary to accomplish the purposes of the Insurance
Code, Chapter 9, concerning regulation of title insurance.



sec.9.401. Texas Title
Insurance Statistical Plan.<ol>
The State Board of Insurance
adopts by reference the
rules contained in the
Texas Title Insurance Statistical
Plan as amended effective
<nl>October 1, 1991<ol>
[in August, 1989]. This
document is published by
<nl>the Texas Department
of Insurance and is available
from the Statistical and
Rate Development Division, Mail
Code 109-1A, Texas Department
<ol> [and available from
the State Board] of Insurance,
<nl>William P. Hobby State
Office Building, 333 Guadalupe
Street, P. O. Box 149104
<ol> [1110 San Jacinto
Boulevard], Austin, Texas 
<nl>78714-9104<ol> [78701-1998].


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 28, 1991.

TRD-9110483

Nicholas Murphy

Chief Clerk

State Board of Insurance

Earliest possible date of adoption: October 4, 1991

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

   
   


TITLE 37. PUBLIC SAFETY AND CORRECTIONS

Part VIII. Commission on Fire Protection Personnel Standards
and Education

Chapter 233. Standards for Certification


37 TAC sec.sec.233.31,
233.33, 233.35, 233.37, 233.39, 233.41, 233. 43, 233.45


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


The Commission on Fire Protection Personnel Standards and
Education proposed the repeal of sec.sec.233.31, 233.33,
233.35, 233.37, 233.39, 233.41, 233. 43, and 233.45, concerning
minimum standards for aircraft crash and rescue fire protection
personnel certification. The repeals are proposed to become effective
April 1, 1992, to coincide with the proposed effective date of
new sections of this title relating to the same subject, which
will contain new rules adopted by the commission for certification
of aircraft rescue and fire protection personnel.

K. R. Ethridge, field representative has determined that for
the first five-year period the repeals are in effect there will
be no fiscal implications for state or local government as a
result of enforcing or administering the repeals.

Mr. Ethridge also has determined that for each year of the
first five years the repeals are in effect the public benefit
anticipated as a result of enforcing the repeals will be clarification
of certification requirements. There will be no effect on small
businesses. There is no anticipated economic cost to persons
who are required to comply with the repeals as proposed.

Comments on the proposal may be submitted to K. R. Ethridge,
Field Representative, Commission on Fire Protection Personnel
Standards and Education, 9800 North Lamar Boulevard, Suite 160,
Austin, Texas 78753, (512) 837-9851.

The repeals are proposed under the Government Code, Executive
Branch, Chapter 416, sec.416.007, which provides the Commission
on Fire Protection with the authority to adopt rules for the
administration of this chapter and for the commission's internal
management and control.



sec.233.31. Minimum Standards
for Aircraft Crash and
Rescue Fire Protection Personnel.



sec.233.33. Level of
Aircraft Crash and Rescue
Fire Protection Certification Required
by Index.



sec.233.35. Minimum Standards
for TX-3 Aircraft Crash
and Rescue Fire Protection
Personnel Certification.



sec.233.37. Minimum Standards
for TX-2 Aircraft Crash
and Rescue Fire Protection
Personnel Certification.



sec.233.39. Minimum Standards
for TX-1 Aircraft Crash
and Rescue Fire Protection
Personnel Certification.



sec.233.41. Minimum Standards
for Intermediate Aircraft Crash
and Rescue Fire Protection
Personnel Certification.



sec.233.43. Minimum Standards
for Advanced Aircraft Crash
and Rescue Fire Protection
Personnel Certification.



sec.233.45. Minimum Standards
for Master Aircraft Crash
and Rescue Fire Protection
Personnel Certification.


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 26, 1991.

TRD-9110498

K. R. Ethridge

Field Representative

Commission on Fire Protection Personnel Standards and Education

Earliest possible date of adoption: October 4, 1991

For further information, please call: (512) 837-9851

   
   


37 TAC sec.sec.233.31,
233.33


The Commission on Fire Protection Personnel Standards and
Education proposes new sec.sec.233.31 and 233.33 concerning
minimum standards for certification of aircraft rescue and fire
protection personnel. The sections will have an effective date
of April 1, 1992, and will replace the repeal sections pertaining
to the same topic.

K. R. Ethridge, field representative, has determined that
for the first five-year period the sections are in effect there
will be fiscal implications for local government as a result
of enforcing or administering the sections. The effect on local
government entities will depend upon whether or not they supply
aircraft rescue and fire protection to an airport in their area
and whether or not the service is supplied through a municipal
fire department.

For those entities which do not supply aircraft rescue and
fire protection to an airport, there will not be a fiscal impact.

For those entities which supply aircraft rescue and fire protection
through their municipal fire department whose personnel are trained
as structure fire fighters prior to being assigned to the airport,
there will be a decrease in the number of hours of additional
training required for those person reassigned to the airport,
from 33 to 141 hours depending on airport index.

For those entities who supply aircraft rescue and fire protection
to an airport utilizing personnel who have not been previously
trained as structure fire fighters, there will be an increase
in the required hours of training for the aircraft rescue and
fire protection personnel of from 357 to 465 additional hours
depending on airport index. There will be no effect on state
government.

Mr. Ethridge also has determined that for each year of the
first five years the section is in effect the public benefit
anticipated as a result of enforcing the section will be better
trained personnel assigned to aircraft rescue and fire fighting
duties at airports throughout the state. There will be no effect
on small businesses. Persons who are required to comply with
the sections as proposed will be required to complete from 357
to 465 more hours of training than is presently required.

Comments on this proposal may be submitted to K. R. Ethridge,
Field Representative, Commission on Fire Protection Personnel
Standards and Education, 9800 North Lamar Boulevard, Suite 160,
Austin, Texas 78753, (512) 837-9851.

The new sections are proposed under the Government Code, Executive
Branch, Chapter 416, sec.416.007, which provides the Commission
on Fire Protection with the authority to adopt rules for the
administration of this chapter and for the commission's internal
management and control.



sec.233.31. Minimum Standards
for Aircraft Rescue and
Fire Protection Personnel.


(a) The effective date of this section shall be April
1, 1992.


(b) Aircraft rescue and fire protection personnel are
employees of a local governmental entity who, as a permanent
duty assignment, fight aircraft fires at airports; stand by for
potential crash landings; and perform aircraft rescue and firefighting
duties.


(c) All personnel identified as aircraft rescue and fire
protection personnel must be certified to at least the basic
level by the commission.


(d) As a minimum, all personnel must have completed all
requirements specified in sec.233.35 of this title (relating
to Minimum Standards for Basic Aircraft Rescue and Fire Protection
Personnel Certification, prior to being assigned to aircraft
rescue and fire suppression duties.


(e) All personnel holding any level of aircraft rescue
and fire protection personnel certification shall be required
to comply with the continuing education specified in sec.243.9
of this title (relating to Continuing Education Requirements
for Aircraft Rescue and Fire Protection Personnel).



sec.233.33. Minimum Standards
for Basic Aircraft Rescue
and Fire Protection Personnel
Certification.


(a) The effective date of this section shall be April
1, 1992. Training programs that are intended to satisfy the requirements
for basic aircraft rescue and fire protection personnel certification,
that are started after the effective date of this section, must
meet the curriculum, competencies, hours, and examination requirements
of these sections.


(b) In order to obtain basic aircraft rescue and fire
protection personnel certification the individual must:


(1) hold or be eligible to hold basic structure fire
protection personnel certification;


(2) complete the 94 class-hour curriculum requirements
as specified in Chapter 2 of the commission Certification Curriculum
Manual pertaining to aircraft rescue and fire protection personnel;
and


(3) successfully pass the commission examination as specified
in Chapter 241 of this title (relating to Examinations for Certification).


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 26, 1991.

TRD-9110499

K. R. Ethridge

Field Representative

Commission on Fire Protection Personnel Standards and Education

Earliest possible date of adoption: October 4, 1991

For further information, please call: (512) 837-9851

   
   


37 TAC sec.sec.233.93,
233.95, 233.97, 233.99, 233.101, 233.103, 233.105, 233.107, 233.109


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


The Commission on Fire Protection Personnel Standards and
Education proposes the repeal of sec.sec.233.93, 233.95,
233.97, 233.99, 233.101, 233.103, 233. 105, 233.107, and 233.109,
concerning minimum standards for fire prevention personnel certification.
The repeals are proposed to become effective April 1, 1992, to
coincide with the proposed effective date of new sections relating
to the same subject, which will contain new rules adopted by
the commission for certification of fire inspector personnel.

K. R. Ethridge, field representative, has determined that
for the first five-year period the repeals are in effect there
will be no fiscal implications for state or local government
as a result of enforcing or administering the repeals.

Mr. Ethridge also has determined that for each year of the
first five years the repeals are in effect the public benefit
anticipated as a result of enforcing the repeals will be clarification
of certification requirements. There will be no effect on small
businesses. There is no anticipated economic cost to persons
who are required to comply with the repeals as proposed.

Comments on the proposal may be submitted to K. R. Ethridge,
Field Representative, Commission on Fire Protection Personnel
Standards and Education, 9800 North Lamar Boulevard, Suite 160,
Austin, Texas 78753, (512) 837-9851.

The repeals are proposed under the Government Code, Executive
Branch, Chapter 416, sec.416.007, which provides the Commission
on Fire Protection Personnel Standards and Education with the
authority to adopt rules for the administration of this chapter
and for the commission's internal management and control.



sec.233.93. Minimum Standards
For Basic Fire and Arson
Investigation Certification.



sec.233.95. Inspector Certification
Level Based on Population.



sec.233.97. Minimum Standards
For "C" Inspector Certification.



sec.233.99. Minimum Standards
For "B" Inspector Certification.



sec.233.101. Minimum Standards
For "A" Inspector Certification.



sec.233.103. Minimum Standards
For Intermediate Inspector Certification.



sec.233.105. Minimum Standards
For Advanced Inspector Certification.



sec.233.107. Minimum Standards
For Master Inspector Certification.



sec.233.109. Minimum Standards
For Fire Fighter/Fire Inspector
Limited Certification.


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 26, 1991.

TRD-9110500

K. R. Ethridge

Field Representative

Commission on Fire Protection Personnel Standards and Education

Earliest possible date of adoption: October 4, 1991

For further information, please call: (512) 837-9851

   
   


37 TAC sec.sec.233.93,
233.95, 233.97, 233.99, 233.101, 233.103


The Commission on Fire Protection Personnel Standards and
Education proposes new sec.sec.233.93, 233.95, 233.97, 233.99,
233.101, and 233.103, concerning minimum standards for certification
of fire inspection personnel. The new sections will have an effective
date of April 1, 1992, and will replace the repealed sections
pertaining to the same topic.

K. R. Ethridge, field representative has determined that there
will be fiscal implications as a result of enforcing or administering
the section. There will be no effect on state government. The
effect on local government entities will be an increase in the
required hours of training for certification of fire inspectors
of from 18 to 78 additional hours depending on city population.

Mr. Ethridge also has determined that for each of the first
five years the section as proposed is in effect the public benefit
anticipated as a result of enforcing the section as proposed
will be better trained personnel assigned to fire inspection
duties throughout the state. There will be no effect on small
businesses. The anticipated economic cost to persons who are
required to comply with the section as proposed will be required
to complete 18 to 78 more hours of training than is presently
required depending upon the population of the employing entity.

Comments on this proposal may be submitted to K. R. Ethridge,
Field Representative, Commission on Fire Protection Personnel
Standards and Education, 9800 North Lamar Boulevard, Suite 160,
Austin, Texas 78753, (512) 837-9851.

The new sections are proposed under the Government Code, Executive
Branch, Chapter 416, sec.416.007, which provides the Commission
on Fire Protection with the authority to adopt rules for the
administration of this chapter and for the commission's internal
management and control.



sec.233.93. Minimum Standards
For Fire Inspection Personnel.


(a) Scope. This standard identifies the minimum standards
of competence required for certification of fire prevention inspection
personnel. It specifically covers the requirements for knowledge
and the progression through levels of competency.


(b) Purpose. The purpose of this standard is to specify
in terms of performance objectives the minimum requirements for
certification as a fire inspector. It is not the intent of this
standard to restrict any jurisdiction from exceeding these minimum
requirements. This standard shall cover the requirements for
the following levels of certification for full time, full paid
fire inspectors:


(1) basic fire inspector-see sec.233.95 of this
title (relating to Minimum Standards For Basic Fire Inspector
Certification);


(2) fire fighter/fire inspector limited-see sec.233.97
of this title (relating to Minimum Standards For Fire Fighter/Fire
Inspector Limited Certification);


(3) intermediate fire inspector-see sec.233.99
of this title (relating to Minimum Standards For Intermediate
Fire Inspector Certification);


(4)  advanced fire inspector-see sec.233.101 of
this title (relating to Minimum Standards For Advanced Inspector
Certification);


(5) master fire inspector-see sec.233.103 of this
title (relating to Minimum Standards For Master Inspector Certification).


(c) All full time, full paid employees of a local government
entity who are assigned to full time fire inspection duties,
must be certified upon completion of one year of service with
that entity.


(d) Personnel performing inspections as part of a fire
company are not required to be certified as a fire inspector.


(e) Individuals who currently hold or have held an "A",
"B" or "C" Inspector certification will upon renewal or reissue,
be issued a basic fire inspector certification.


(f) All individuals holding any level of fire inspector
certification must comply with the continuing education requirements
as specified in Chapter 243, sec.243.13, of this title (relating
to Continuing Education Requirements for Fire Inspection Personnel).



sec.233.95. Minimum Standards
For Basic Fire Inspector
Certification.


(a) The effective date of sec.233.95 of this chapter
(relating to Minimum Standards for Basic Fire Inspection Personnel
Certification), shall be April 1, 1992. Training programs that
are intended to satisfy the requirements of this section, that
are started after the effective date of this section, must meet
the curriculum, competencies, hours, and examination requirements
of this section.


(b) In order to be certified by the commission as a basic
fire inspector an individual must:


(1) have a High School diploma or a state recognized
equivalent;


(2) complete a commission approved fire inspection curriculum
as specified in sec.233.95, (c) of this Chapter (relating to
Minimum Standards for Basic Fire Inspector Certification), within
one year from the date of initial appointment to the position;


(3) pass a commission examination as specified in Chapter
241 of this title (relating to Examinations for Certification);
and


(4) complete one year of full time, full paid service
as a fire inspector.


(c) An individual may satisfy the curriculum requirements
for certification as a fire inspector by any one of the following:


(1) a course of study, at the conclusion of which, the
individual successfully passes the National Fire Protection Association
examination for Fire Inspector II;


(2) successful completion of the following subjects in
an Associate of Applied Sciences, Associate of Arts or Associate
of Science Degree in Fire Protection Technology, and pass the
commission certification examination for fire inspection personnel:


(A) fundamentals of fire protection-three semester
hours;


(B) fire protection systems-three semester hours;


(C) fire prevention-three semester hours;


(D) building code-three semester hours;


(E) building construction-three semester hours;


(F) Hazardous Materials I-three semester hours;


(G) fundamentals of speech-three semester hours.
Total Semester Hours-21. Note-Building code and building
construction may be combined into a single three semester hour
class. If this is the case, the total semester hours may be reduced
to 18;


(3) successful completion of 218 class hours of instruction
in the curriculum specified in Chapter 4, sec.sec.401-415,
of the Commission Certification Curriculum Manual pertaining
to basic curriculum for fire inspection personnel, as adopted
by reference in sec.247.7 of this title (relating to Adoption
by Reference);


(4) successful completion of an out of state training
program which has been submitted to the commission for evaluation
and found to meet the curriculum requirements as listed in this
subsection pertaining to curriculum requirements for fire inspection
personnel.



sec.233.97. Minimum Standards
For Fire Fighter/Fire Inspector
Limited Certification.


(a) The effective date of sec.233.97 of this Chapter
(relating to Minimum Standards for Fire Fighter/Fire Inspector
Limited Certification), shall be April 1, 1992. Training programs
that are intended to satisfy the requirements of this section,
that are started after the effective date of this section, must
meet the curriculum, competencies, hours and examination requirements
of this section.


(b) The commission has ruled that an individual cannot
be simultaneously assigned as a full-time fire fighter and a
full time inspector with the same employing entity. An entity
may assign a full time fire fighter, limited inspection duties,
under the direct or indirect supervision of a full time inspector.
An example of direct supervision would be a scenario where the
limited inspector would have as an immediate supervisor, a full
time inspector, during the time he was assigned to inspection
duties. An example of indirect supervision would be a scenario
where the limited inspector's immediate supervisor is a fire
suppression officer, however the employing entity must have a
full time inspector who is ultimately responsible for the inspection
activity of the entity and available for supervision of the limited
inspector as necessary to enable the limited inspector to carry
out the assigned duties.


(c) Applicants for fire fighter/fire inspector limited
certification must complete the following requirements:


(1) have a High School Diploma or a state recognized
equivalent;


(2) possess at least basic structure fire protection
personnel certification as set forth in sec.233.9 of this Chapter
(relating to Minimum Standards for Basic Structure Fire Protection
Personnel Certification);


(3) complete a commission approved fire inspection curriculum
as specified in sec.233.95(c) of this Chapter (relating to
Minimum Standards for Basic Fire Inspector Certification), within
one year from the date of initial appointment to the position;


(4) pass a commission examination as specified in Chapter
241 of this title (relating to Examinations for Certification);
and


(5) complete one year of full time, full paid service,
as a fire fighter/fire inspector limited, under the direct or
indirect supervision of a full time, full paid fire inspector
for the same employing entity.


(d) Individuals who hold fire fighter/fire inspector
limited certification are not eligible to apply for intermediate,
advanced or master fire inspector certification.



sec.233.99. Minimum Standards
For Intermediate Fire Inspector
Certification.<ol> Applicants for
intermediate fire inspector must
complete the following requirements:


(1) hold as a prerequisite, basic fire inspector certification,
as defined in sec.233.95, of this Chapter (relating to Minimum
Standards for Basic ire Inspector Certification);


(2) be a full-time, full-paid fire inspector;


(3) acquire one of the following combinations of college
education or training points and the listed years of fire protection
experience, which may include the training points and the years
of experience that were used to qualify for basic inspector certification:


(A) 20 training points and at least eight years of service;
or


(B) 20 training points which includes at least 15 college
semester hours in fire science subjects and at least seven years
of service; or


(C) 40 training points and at least six years of service;
or


(D)  40 training points which includes at least 15 college
semester hours in fire science subjects and at least five years
of service; or


(E) an associate degree or 60 training points and at
least four years of service; or


(F) an associate degree or 60 training points, either
of which includes at least 15 college semester hours in fire
science subjects and at least three years of service; or


(G) a baccalaureate degree or an associate degree in
fire science or 120 training points and at least two years of
service.



sec.233.101. Minimum Standards
For Advanced Inspector Certification.
<ol> Applicants for Advanced
Inspector certification must complete
the following requirements:


(1) hold as a prerequisite an Intermediate Inspector
certificate;


(2) be a full-time, full-paid fire inspector;


(3) acquire one of the following combination of college
education or training points, and the listed years of fire protection
experience, which may include the training points and years of
experience that were used to qualify for all lower levels of
inspector certification:


(A) 40 training points and at least 12 years of service;
or


(B) 40 training points which includes at least 15 college
semester hours in fire science subjects and at least 10 years
of service; or


(C) an associate degree or 60 training points and at
least nine years of service; or


(D) an associate degree or 60 training points, either
of which includes at least 15 college semester hours in fire
science subjects and at least six years of service; or


(E) a baccalaureate degree or an associate degree in
fire science or 120 training points and at least four years of
service; or


(F) a baccalaureate degree or 120 training points either
of which includes at least 15 college semester hours in fire
science subjects and at least three years of service.



sec.233.103. Minimum Standards
For Master Inspector Certification.
<ol> Applicants for Master
Inspector Certification must complete
the following requirements:


(1) hold as a prerequisite an Advanced Inspector certificate;
and


(2) be a full-time, full-paid fire inspector; and


(3) acquire one of the following combinations of college
education and the listed years of fire protection experience,
which may include the college hours and years of experience that
were used to qualify for all lower levels of inspector certification:


(A) an associate degree or 60 college semester hours
and at least 12 years of service; or


(B) an associate degree or 60 college semester hours,
either of which must include at least 15 college semester hours
in fire science subjects and at least nine years of service;
or


(C) an associate degree in fire science in and at least
six years of service; or


(D) a baccalaureate degree or 120 college semester hours
and six years of service; or


(E) a baccalaureate degree or 120 college semester hours,
either of which must include at least 15 college semester hours
in fire science subjects and at least four years of service;
or


(F) a master's degree and at least four years of service.


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

Issued in Austin, Texas, on August 26, 1991.

TRD-9110501

K. R. Ethridge

Field Representative

Commission on Fire Protection Personnel Standards and Education

Earliest possible date of adoption: October 4, 1991

For further information, please call: (512) 837-9851

   
   

Chapter 243. Continuing Education


37 TAC sec.sec.243.9, 243.13,
243.15


The Commission on Fire Protection Personnel Standards and
Education proposes new sec.sec.243.9, 243.13, and 243.15
concerning continuing education requirements for aircraft rescue
and fire protection personnel, fire inspection personnel, and
fire and arson investigation personnel.

K. R. Ethridge, field representative has determined that there
will be minimal fiscal implications as a result of enforcing
or administering these sections due to the fact that current
resources can be utilized to satisfy the requirements.

Mr. Ethridge also has determined that for each year of the
first five years the section is in effect the public benefit
anticipated as a result of enforcing the section will be a better
trained fire service due to mandated training for renewal of
certification. There will be minimal economic cost to persons
who are required to comply with the section as proposed. The
exact cost per entity will depend on number of employees and
their present training capability. Many departments have indicated
that they presently exceed the minimum standard set by these
sections.

Comments on the proposal may be submitted to K. R. Ethridge,
Field Representative, Commission on Fire Protection Personnel
Standards and Education, 9800 North Lamar Boulevard, Suite 160,
Austin, Texas 78753, (512) 837-9851.

The new sections are proposed under the Government Code, Executive
Branch, Chapter 416, sec.416.007, which provides the Commission
on Fire Protection with the authority to adopt rules for the
administration of this chapter and for the Commission's internal
management and control.



sec.243.9. Continuing Education
Requirements For Aircraft Rescue
and Fire Protection Personnel.
<ol> All persons holding certification
as aircraft rescue and
fire protection personnel shall
be required to meet the
specific training requirements
of FAR 139.319, j, 2,
of the Federal Aviation
Administration rules pertaining
to aircraft rescue and
firefighting operational requirements,
on an annual basis in
order for their certification
to be renewed.



sec.243.13. Continuing Education
Requirements For Fire Inspection
Personnel.


(a) To help insure the continued competency of fire inspection
personnel, all certified fire inspectors and Fire Fighter/Fire
Inspector Limited personnel must receive a minimum of 20 hours
of continuing education each year in order for their certification
to be renewed by the commission.


(b) The continuing education must be in subjects that
pertain to fire inspection or a related field.



sec.243.15. Continuing Education
Requirements For Fire and
Arson Investigation Personnel.


(a) Continuing education shall be required in order to
renew certification for all fire and arson investigation personnel.


(b) The continuing education requirement for renewal
of certification shall consist of 20 hours of training pertinent
to fire and arson investigation or related fields as determined
by the commission.


(c) The continuing education requirement must be completed
during each certification period.


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 26, 1991.

TRD-9110506

K. R. Ethridge

Field Representative

Commission on Fire Protection Personnel Standards and Education

Earliest possible date of adoption: October 4, 1991

For further information, please call: (512) 837-9851

   
   

Chapter 247. Adoption By Reference


37 TAC sec.sec.247.3, 247.7,
247.9


The Commission on Fire Protection Personnel Standards and
Education proposes new sec.sec.247.3, 247.7,and 247.9 concerning
the adoption by reference of Chapter 2, Basic Aircraft Rescue
and Fire Protection Personnel Curriculum, Chapter 4, Basic Fire
Inspection Personnel Curriculum, and Chapter 5, Basic Fire and
Arson Investigation Personnel Curriculum of the commission's
document titled, "Commission Certification Curriculum Manual".

K. R. Ethridge, field representative, has determined that
there will be fiscal implications as a result of enforcing or
administering the section. There will be no fiscal implications
for state government as a result of enforcing or administering
this section. The effect on local government, resulting from
enforcing these section will depend on local government policy
as follows. If a local government entity chooses to employ individuals,
as fire protection personnel, who have met the training requirements
of this section, there will be no fiscal implications for that
entity.

If a local government entity chooses to employ individuals,
as fire protection personnel, who have not met the training requirements
of this section and if the entity chooses to bear the training
cost required by this section, for the individual, then the fiscal
implication for the entity will be a one time increase in the
training cost, for each new fire protection person employed.
The amount of increase will depend on the discipline to which
the employ will be assigned and is addressed in the preamble
to the section pertaining to the particular discipline.

Mr. Ethridge, also has determined that for each of the first
five years the section as proposed is in effect the public benefit
anticipated as a result of enforcing the section as proposed
will be an overall improvement in the level of training completed
by fire protection personnel, resulting in an equal improvement
in the level of service provided to the public. There will be
no fiscal implications for small businesses as a result of enforcing
these sections. The economic cost to persons who are required
to comply with the section as proposed will be an increase in
training cost due to an increase in required hours. The amount
of increase is dependent on the discipline to which the individual
will be assigned and is addressed in the preamble to the section
pertaining to the particular discipline.

Comments on this proposal may be submitted to K. R. Ethridge,
Field Representative, Commission on Fire Protection Personnel
Standards and Education, 9800 North Lamar Boulevard, Suite 160,
Austin, Texas 78753, (512) 837-9851.

The new sections are proposed under the Government Code, Executive
Branch, Chapter 416, sec.416.007 which provides the Commission
on Fire Protection with the authority to adopt rules for the
administration of this chapter and for the commission's internal
management and control.



sec.347.3. Basic Aircraft
Rescue and Fire Protection
Personnel Curriculum.


(a) The effective date of this section shall be April
1, 1992.


(b)  The Commission on Fire Protection Personnel Standards
and Education adopts by reference Chapter 2, Basic Aircraft Rescue
and Fire Protection Personnel Curriculum, of the Commission's
document titled "Commission Certification Curriculum Manual"
as amended August 26, 1991.


(c) The document adopted by reference in this section
is on file in the offices of the Commission on Fire Protection
Personnel Standards and Education, 9800 North Lamar Boulevard,
Suite 160, Austin, Texas, 78753, and is available for public
inspection during regular working hours. A copy of the document
may be obtained upon request and payment of the fee as specified
in Chapter 239 of this title (relating to Fees).



sec.247.7. Basic Fire
Inspection Personnel Curriculum.


(a) The effective date of this section shall be April
1, 1992.


(b) The Commission on Fire Protection Personnel Standards
and Education adopts by reference Chapter 4, Basic Fire Inspection
Personnel Curriculum, of the Commission's document titled "Commission
Certification Curriculum Manual" as amended August 26, 1991.


(c) The document adopted by reference in this section
is on file in the offices of the Commission on Fire Protection
Personnel Standards and Education, 9800 North Lamar Boulevard,
Suite 160, Austin, Texas, 78753, and is available for public
inspection during regular working hours. A copy of the document
may be obtained upon request and payment of the fee as specified
in Chapter 239 of this title (relating to fees).



sec.247.9. Basic Fire
and Arson Investigation Personnel
Curriculum.


(a) The effective date of this section shall be April
1, 1992.


(b) The Commission on Fire Protection Personnel Standards
and Education adopts by reference Chapter 5, Basic Fire and Arson
Investigation Personnel Curriculum, of the Commission's document
titled "Commission Certification Curriculum Manual" as amended
August 26, 1991.


(c) The document adopted by reference in this section
is on file in the offices of the Commission on Fire Protection
Personnel Standards and Education, 9800 North Lamar Boulevard,
Suite 160, Austin, Texas, 78753, and is available for public
inspection during regular working hours. A copy of the document
may be obtained upon request and payment of the fee as specified
in Chapter 239 of this title (relating to Fees).


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

Issued in Austin, Texas, on August 26, 1991.

TRD-9110507

K. R. Ethridge

Field Representative

Commission on Fire Protection Personnel Standards and Education

Earliest possible date of adoption: October 4, 1991

For further information, please call: (512) 837-9851

   
   

Part XI. Texas Juvenile Probation Commission

Chapter 341. Texas Juvenile Probation Commission


37 TAC sec.341.21


The Texas Juvenile Probation Commission proposes an amendment
to sec.341.21, concerning a memorandum of understanding on
service delivery to runaways between the Texas Juvenile Probation
Commission (TJPC) and the Texas Department of Human Services
(TDHS). Following the annual review of this rule, which is required
by law, TJPC and TDHS propose changes in dates, staff titles,
statutory references, and in the statewide mean number of runaways
reported for each county. Each change makes the rule reflect
existing conditions.

Steve Bonnell, deputy executive director, has determined that
for the first five-year period the section is in effect there
will be no fiscal implications for state or local government
as a result of enforcing or administering the section.

Mr. Bonnell 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 coordination for runaway children's services at the
community level. There will be no effect on small businesses.
There is an anticipated economic cost to persons who are required
to comply with the proposed section.

Comments on the proposal may be submitted to Rae Tregilgas,
Texas Juvenile Probation Commission, P.O. Box 13547, Austin,
Texas 78711-3547, (512) 443-2001.

The amendment is proposed under the Texas Human Resources
Code, sec.141.0475, which provides the Texas Juvenile Probation
Commission with the authority to develop a memorandum of understanding
and model cooperative agreement.



sec.341.21. Memorandum of
Understanding on Service Delivery
to Runaways.


(a) The Texas Juvenile Probation Commission (TJPC) and
the Texas Department of Human Services (TDHS) adopt this memorandum
of understanding (MOU) in compliance with the Texas Human Resources
Code, sec.<nl>141.0475<ol> [71.014
(Vernon 1990)].


(b) This law requires TJPC and TDHS to develop a model
cooperative agreement. The agencies must require local TDHS agents
and local juvenile probation departments receiving state aid
to sign county level agreements not later than September 1, 1990,
and to update the agreements annually. The parties adopt a model
cooperative agreement by reference. Copies of the model are available
at the TJPC Office, 2015 South IH 35, Austin, Texas 78741 and
at the TDHS Office, 701 West 51st Street, Austin, Texas 78751.
TJPC agrees to give the model agreement to the chief of each
juvenile probation department that receives state aid. TDHS agrees
to give it to <nl>the appropriate operations
directors and program administrators
<ol> [each regional director]
for families and children.
TDHS agrees to provide
TJPC the name of its
staff person who will
sign the agreement for
it in each county. The
county level agreements must:


(1)-(6) (No change.)


(c) TJPC and TDHS must designate the number of runaways
for each county that shall be considered as a high number.


(1) A county shall be considered to have a high number
of runaways if the number of arrests for running away reported
in <nl>the newest<ol> [its
1988] Uniform Crime Reports
is greater than or equal
to 105% of the statewide
mean, plus 25. The statewide
mean number of runaways
is calculated according to
the following formula.


[graphic]


(2) The local agreement in a county with a high number
of runaways must include plans for presentation to the commissioners
court of the county of a request for funds to develop or contract
for emergency services for runaways.


(3) The parties adopt Appendix A by reference. Copies
are available at the TJPC office, 2015 South IH 35, Austin, Texas
78741, and at the TDHS office, 701 West 51st Street, Austin,
Texas 78751. Appendix A shows the actual Uniform Crime Reports
of runaway arrests for each county [in 1988]. Counties which
have actual runaway arrests greater than or equal to 105% of
the statewide mean plus 25 are identified.


(d)-(f) (No change.)


(g) To prepare the report described in subsection (e)
of this section, TJPC agrees to collect and report the information
about runaways contained in its calendar year <nl>1990
<ol> [1988] "Texas Juvenile
Probation Statistical Report."
In addition, TJPC agrees
to add the following
question to the annual
survey completed by each
contracting juvenile probation
department: How many runaway
referrals were not served
because of staff or resource
shortfalls?


(h) TJPC and TDHS agree to meet in <nl>April
1992<ol> [August 1991]
to consider whether changes
should be made in their
agreement.


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 22, 1991.

TRD-9110386

Bernard Licarione, Ph.D.

Executive Director

Texas Juvenile Probation Commission

Earliest possible date of adoption: October 4, 1991

For further information, please call: (512) 443-2001

   
   


TITLE 40. SOCIAL SERVICES AND ASSISTANCE

Part I. Texas Department of Human Services

Chapter 29. Purchased Health Services


Subchapter G. Hospital Services


40 TAC sec.29.609


The Texas Department of Human Services (DHS) proposes an amendment
to sec.29. 609, concerning additional reimbursement to disproportionate
share hospitals, in its Purchased Health Services rules. Section
29.609 is being amended to establish a third disproportionate
share program, which will provide additional reimbursement to
significant disproportionate share providers. This program is
being established to comply with Senate Bill 82 which was passed
during this last special legislative session. Qualifying hospitals
are limited to hospitals and hospital districts, not including
state-owned teaching hospitals, with Medicaid patient days greater
than one standard deviation above the mean number of Medicaid
days for all hospitals participating in the state, and with Medicaid
patient days greater than or equal to 12% of all patient census
days of the hospital.

Burton F. Raiford, interim commissioner, has determined that
for the first five-year period the section is in effect there
will be fiscal implications as a result of enforcing or administering
the section as amended. There will be no fiscal implications
for state government. The effect on local government for the
first five-year period the section is in effect will be an estimated
increase in revenue of $19,070,175 for fiscal year 1991; $278,424,620
for fiscal year 1992; $278,424,620 for fiscal year 1993; $278,424,620
for fiscal year 1994; and $278, 424,620 for fiscal year 1995.
These revenues are the result of disproportionate share payments
that will be made to certain hospitals.

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 that
significant disproportionate share providers will receive additional
reimbursement. There will be no fiscal implications for small
businesses. There is no anticipated economic cost to persons
who are required to comply with the proposed section.

Questions about the content of the proposal may be directed
to Joseph B. Branton, Jr., at (512) 338-6505 in DHS's Purchased
Health Services. Comments on the proposal may be submitted to
Nancy Murphy, Agency Liaison, Policy and Document Support-218,
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 32, which provides the department with
the authority to administer public and medical assistance programs.



sec.29.609. Additional Reimbursement
to Disproportionate Share Hospitals.


(a)-(f) (No change.)


<nl>(g) Significant disproportionate
providers. In addition to
the reimbursement described in
subsection (e) of this
section and effective August
7, 1991, the department
establishes a third disproportionate
share pool to provide
disproportionate share reimbursements
to the largest Medicaid
hospital providers. Qualifying
hospitals are limited to
hospitals and hospital districts,
not including state-owned teaching
hospitals, with Medicaid patient
days greater than one
standard deviation above the
mean number of Medicaid
days for all hospitals
participating in the Medicaid
program in the state,
and with Medicaid patient
days greater than or
equal to 12% of all
patient census days of
the hospital. The determination
of the number of Medicaid
patient days is based
on the latest available
state fiscal year data.
Patient census days are
based on the latest available
data provided by hospitals
to the Texas Department
of Health. Hospitals are
not required to first
qualify under the formula
described in subsection (d)
of this section to qualify
for reimbursement under this
subsection. However, qualifying
hospitals must meet the
requirements described in subsection
(d)(2) of this section.
Reimbursement is determined as
follows.


(1) Using the latest available state fiscal year data,
the department determines the average monthly number of Medicaid
patient days of each qualifying hospital.


(2) A qualifying hospital complying with all statutes
of the state and rules of the department receives a monthly significant
disproportionate share payment based upon the following formula:



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 28, 1991.

TRD-9110529

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 37. PUBLIC SAFETY AND CORRECTIONS

Part VIII. Commission on Fire Protection Personnel Standards
and Education

Chapter 245. Administrative Inspections and Penalties


37 TAC sec.sec.245.1, 245.3,
245.5, 245.7, 245.9, 245.11, 245.13, 245.15, 245.17, 245.19,
245.21


The Commission on Fire Protection Personnel Standards and
Education has withdrawn from consideration for permanent adoption
proposed new sec.sec.245.1, 245. 3, 245.5, 245.7, 245.9,
245.11, 245.13, 245.15, 245.17, 245.19, and 245.21, which appeared
in the August 6, 1991, issue of the Texas Register
(16 TexReg 4273). The effective date of this withdrawal is August
28, 1991.


Issued in Austin, Texas, on August 28, 1991.

TRD-9110488

K. R. Ethridge

Field Representative

Commission on Fire Protection Personnel Standards and Education

Effective date: August 28, 1991

For further information, please call: (512) 837-9851

   
   

Adopted Sections

An agency may take final action on a section 30 days after
a proposal has been published in the Texas
Register. The section becomes effective 20 days after
the agency files the correct document with the Texas
Register, unless a later date is specified or unless
a federal statute or regulation requires implementation of the
action on shorter notice.

If an agency adopts the section without any changes to the
proposed text, only the preamble of the notice and statement
of legal authority will be published. If an agency adopts the
section with changes to the proposed text, the proposal will
be republished with the changes.



TITLE 1. ADMINISTRATION

Part XIII. Texas Incentive and Productivity Commission

Chapter 273. State Employee Incentive Program


1 TAC sec.sec.273.1, 273.3,
273.9, 273.15


The Texas Incentive and Productivity Commission adopts amendments
to sec.sec.273.1, 273.7, 273.9, and 273.15, concerning state
employee incentive program, without changes to the proposed text
as published in the June 18, 1991, issue of the Texas
Register (16 TexReg
3299). The commission voted
to adopt the proposed
rules without changes and
also to propose new sections
to address the issue
as to how long a
suggestion remains eligible for
award. The proposed rules
on equity will be published
in the Texas Register
 for public comment
before final adoption.

The amendments are adopted so that the program rules will
reflect changes made to statute by the 72nd Legislature.

A definition of "state employee" was added to sec.273.1.
In addition, the definition of "net savings or net revenue" was
modified to include monetary amounts from increased productivity.
Amendments to sec.273.7 refer to changes in the allocation
of net annual savings enacted by the 72nd Legislature. Amendments
to sec.273.9 make eligible all state employees in the executive
and judicial branches, including hourly, part-time, seasonal,
and exempt employees. Former sec.273.15(d) is being moved to
sec.273.9(b) so that eligibility issues are all in the same
section. Other amendments to sec.273.9 allow the commission
to find eligible a suggestion that was implemented prior to official
submission to the State Employee Incentive Program if the suggester
was the idea originator and implementation resulted from that
suggester's idea.

No comments were received regarding adoption of the amendments.

The amendments are adopted under Texas Civil Statutes, Article
6252-29a, sec.1, which authorizes the Texas Incentive and Productivity
Commission to promulgate rules for the State Employee Incentive
Program.


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

Issued in Austin, Texas, on August 28, 1991.

TRD-9110531

M. Elaine Powell

Executive Director

Texas Incentive and Productivity Commission

Effective date: September 18, 1991

Proposal publication date: June 18, 1991

For further information, please call: (512) 475-2393

   
   


TITLE 22. EXAMINING BOARDS

Part XXI. Texas State Board of Examiners of Psychologists

Chapter 471. Renewal


22 TAC sec.471.4


The Texas State Board of Examiners of Psychologists adopts
an amendment to sec.471.4, concerning Texas Guaranteed Student
Loan Corporation (TGSLC) requirement without changes to the proposed
text as published in the July 26, 1991, issue of the Texas
Register (16 TexReg
4052).

Licensees will be required to enter a payment agreement with
TGSLC and file a certificate from TGSLC with the board's office
certifying this repayment agreement. It is the board's position
that professionals should be responsible for their financial
obligations.

Licensees will not be allowed to apply for or renew their
licenses until they have entered into an agreement with TGSLC.

No comments were received regarding adoption of the amendment.

The amendment is adopted under Texas Civil Statutes, Article
4512c, which provide the Texas State Board of Examiners of Psychologists
with the authority to make all rules not inconsistent with the
Constitution and laws of this state, which are reasonably necessary
for the proper performance of its duties and regulations of proceedings
before it.


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

Issued in Austin, Texas, on August 26, 1991.

TRD-9110394

Patricia S. Bizzell Tweedy

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: September 16, 1991

Proposal publication date: July 26, 1991

For further information, please call: (512) 835-2036

   
   


22 TAC sec.471.5


The Texas State Board Examiners of Psychologists adopts new
sec.471.5, without changes to the proposed text as published
in the July 26, 1991, issue of the Texas Register
 (16 TexReg 4052).

The rule will require licensees to provide more current information
about a psychologist's activities during the past year.

Licensees will be required to provide the information on their
renewal forms each year.

No comments were received regarding adoption of the new sections.

The new section is adopted under Texas Civil Statutes, Article
4512c, which provide the Texas State Board of Examiners of Psychologists
with the authority to make all rules not inconsistent with the
Constitution and laws of this state, which are reasonably necessary
for the proper performance of its duties and regulations of proceedings
before it.


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

Issued in Austin, Texas, on August 26, 1991.

TRD-9110392

Patricia S. Bizzell Tweedy

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: September 16, 1991

Proposal publication date: July 26, 1991

For further information, please call: (512) 835-2036

   
   

Chapter 473. Fees


22 TAC sec.sec.473.1


The Texas State Board of Examiners of Psychologists adopts
an amendment to sec.473.1, without changes to the proposed
text as published in the July 26, 1991, issue of the Texas
Register (16 TexReg
4053).

The rule will permit a psychologist licensed in another state
to obtain a temporary license while his/her application is being
processed in Texas.

Those persons wanting to apply for a temporary license will
be charged a $260 processing fee.

No comments were received regarding adoption of the amendment.

The amendment is adopted under Texas Civil Statutes, Article
4512c, which provide the Texas State Board of Examiners of Psychologists
with the authority to make all rules not inconsistent with the
Constitution and laws of this state, which are reasonably necessary
for the proper performance of its duties and regulations of proceedings
before it.


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

Issued in Austin, Texas, on August 26, 1991.

TRD-9110393

Patricia S. Bizzell Tweedy

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: September 16, 1991

Proposal publication date: July 26, 1991

For further information, please call: (512) 835-2036

   
   


TITLE 25. HEALTH SERVICES

Part I. Texas Department of Health

Chapter 97. Communicable Diseases


Control of Communicable Diseases


25 TAC sec.97.22


The Texas Department of Health (department) adopts new 
s97.22, concerning exposure of certain persons to reportable
diseases, with changes to the proposed text as published in the
June 11, 1991, issue of the Texas Register
 (16 TexReg 3176).
The new section establishes
procedures by which an
emergency medical service employee,
paramedic, fire fighter, correctional
officer, or law enforcement
officer may request the
mandatory testing of a
person who may have exposed
him/her to a reportable
disease including HIV infection.

The following comments were received concerning the proposed
section.

One comment was received at the Board of Health's Disease
Control Committee meeting regarding the period of time when a
person recently infected with HIV may be negative on standard
tests (six-12 weeks). The department's response is that it is
aware that testing during this "window period" could provide
false negative results. Clients that request testing will be
informed of the window period and will be counseled that, regardless
of the test results of the source, the requestor should undergo
follow-up testing to document whether or not seroconversion took
place. For all requested tests, the department laboratory will
utilize the procedures which are standard at the time of the
request.

Two comments were received regarding the 96 hour requirement
for reporting a possible exposure. The commenters consider this
requirement to be in conflict with sec.97.21 of this title
(relating to Model Policies for the Handling, Care, and Treatment
of HIV/AIDS Infected Person in the Custody of or Under the Supervision
of Correctional Facilities, Law Enforcement Agencies, Fire Departments,
Emergency Medical Services Providers and District Probation Departments).
Section 97.21 states that "within 72 hours of the incident, a
person claiming occupational exposure to a reportable disease
must submit to the Texas Department of Health .... a sworn affidavit
delineating the reasons for request." The department's response
is that it has resolved this question by changing the requirement
in sec.97.22 to 72 hours to be consistent with sec.97.21.

A comment was received concerning who would be responsible
for the cost of testing when individuals are hospitalized and/or
incarcerated. The department's response is that this section
does not make the institution housing the source fiscally responsible
for the test, as long as the specimens are sent to the department
laboratory. If this occurs, the department will incur the cost.

A comment was received questioning whether or not this section
will delete the procedure of notification to first responders
under the Health and Safety Code, sec.81.048. The department's
response is that the procedure of notification to first responders
as described in the sec.81.048 must still be followed since
this procedure is required by law. The procedures outlined in
sec.97.22 will be followed if the first responder wants the
source tested.

A comment was received questioning whether or not a "good
samaritan" could request testing under this section after possible
exposure when rendering aid. The department's response is that
the Human Immunodeficiency Virus Services Act, Texas Civil Statutes,
Article 4419b-4 is specific and only covers emergency medical
service employees, paramedics, correctional officers, fire fighters,
and law enforcement officers. Consequently, others not specifically
mentioned in the law may not request mandatory testing under
sec.97.22.

In addition, the department has made editorial changes in
sec.97.22 for the purpose of clarification.

This new section is adopted under the authority of Texas Civil
Statutes, Article 4419b-4, which provides the the Board of Health
with the authority to adopt rules concerning the exposure of
certain individuals to reportable diseases; and Health and Safety
Code, sec.12.001, which provides the Texas Board of Health
with the authority to adopt rules for the performance of every
duty imposed by law on the Texas Board of Health, the Texas Department
of Health, and the Commissioner of Health.



sec.97.22. Exposure of
Certain Persons to Reportable
Diseases.


(a)  Purpose.


(1) This section provides a mechanism by which an emergency
medical service employee, paramedic, fire fighter, correctional
officer or law enforcement officer may request the mandatory
testing of a person who may have exposed him/her to a reportable
disease.


(2) The criteria that constitute exposure to a reportable
disease are described in sec.97.15 of this title (relating
to Mandatory Testing of Persons Suspected of Exposing Certain
Other Persons to Reportable Diseases, Including HIV Infection).


(3)  This section further defines to whom the local health
authority may assign the authority to decide risk of exposure.
In addition, the section establishes procedures and a time frame
for the implementation of the steps necessary to achieve court
ordered mandatory testing.


(b) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless
the text clearly indicates otherwise.


(1) Emergency responder-An emergency medical services
employee, paramedic, fire fighter, correctional officer, or law
enforcement officer who is employed by or volunteers for an employer
with the responsibility of answering emergency calls for assistance.


(2) Requestor-Emergency responder who presents a
sworn affidavit to a local health authority to request testing
of a person who may have exposed him/her to an infectious disease
in the course of his/her duties.


(3)  Designated health official-For the purposes
of implementing the Health and Safety Code, sec.81.050(d)-(e),
the following physicians have been delegated by the Department
of Health (department) to be the designated health officials
who determine if a risk of exposure to a reportable disease has
occurred:


(A)  the health authority for the jurisdiction in which
the emergency responder is employed;


(B) if the health authority does not choose to make a
determination of the risk of exposure, a licensed physician employed
by the local health department who has responsibility for the
control of communicable diseases in the municipality or county
served b the health department;


(C)  if the health authority does not choose to make
determinations of the risks of exposure and there is not a separate
physician employed by the county or municipal health department
with responsibility for the control of communicable diseases,
or for counties which do not have an appointed health authority,
the regional director of the Texas Department of Health (department)
region of which the county or municipality is a part; and


(D) for the Texas Department of Criminal Justice (TDCJ),
the TDCJ deputy director of health services (Institutional Division)
who must serve as the designated health official in determining
risk of exposure to correctional officers employed by the TDCJ.


(4) Source-The person who may have exposed an emergency
responder to a reportable, communicable disease during the emergency
responder's course of duties.


(c) Steps necessary to mandate testing for a reportable
communicable disease.


(1) Submitting a request for testing of a source. If
an employed or volunteer emergency responder believes he or she
may have been exposed to a reportable disease while discharging
his or her duties, then he or she, within 72 hours, must have
postmarked or submitted in person a sworn affidavit to his or
her designated health official requesting that the source be
tested for the reportable communicable disease(s) which is (are)
of concern. The sworn, written affidavit of the requestor must
contain:


(A) the name;


(B) the home address;


(C) the telephone number at work;


(D) the telephone number at home;


(E) the name and address of the emergency agency where
he or she works or volunteers;


(F) an emergency telephone number;


(G) the date and time of exposure;


(H) the circumstances of the exposure;


(I) the source's symptoms, if known (e.g. rash, fever,
chills, jaundice, productive cough, diarrhea, nausea/vomiting,
neurologic signs, coryza, hemorrhage, other);


(J)  transport designation of the source; and


(K) if known, the source's name, address, preliminary
diagnosis, and probable present location.


(2)  Responsibilities of the requestor. If the requestor
believes he or she may have been exposed to a reportable disease
and that, if infection occurs, he/she may file for worker's compensation,
then the requestor must obtain an appropriate medical test which
demonstrates susceptibility to the infection of concern. This
test must be obtained within 10 days of the alleged exposure.
The requester should also be aware that he or she may be liable
for any court costs if the source person refuses to be tested
for infection with a reportable disease and the requester takes
the matter to court and loses.


(3)  Determination of exposure. The designated health
official must decide within three working days of receipt of
the sworn affidavit if an exposure likely to lead to an infection
has occurred. The designated health official must also consult
the most recent edition of Control of Communicable Diseases in
Man, published by the American Public Health Association, and
should also consult any other reference which may provide additional
relevant information.


(4)  Relating the determination of exposure.


(A) Ruling of a non-exposure. If the designated health
official determines that an exposure likely to lead to an infection
with a reportable disease did not occur, then he or she must
so inform the requestor by letter. The letter must contain a
brief explanation of the basis of the decision. The designated
health official may also notify the requestor by telephone, but
this does not preclude the need for a written response.


(B) Ruling of an exposure.


(i) If the designated
health official determines that
the conditions of exposure
were such that there
was a reasonable chance
that infection may have
occurred, then he or
she must notify the requestor
by registered/certified mail and
request that the requestor
consult the designated health
official. If the situation
is such that control
or treatment measures are
immediately advisable, then the
designated health official must
also make a reasonable
effort to notify the
requestor of what actions
need to be taken.


(ii) During the consultation
with the designated health
official, the requestor must
receive the following information
both verbally and in
writing:


(I) the disease(s) which may have been transmitted during
the exposure;


(II) the tests that are available to detect infection;


(III) where and when to obtain testing;


(IV) the prophylactic measures which are appropriate;
and


(V)  the signs and symptoms of infection.


(iii) If the requestor
may have been exposed
to HIV virus, then approved
pretest counseling must be
provided. The designated health
official must state that
he or she will proceed
to locate the source
and request the source
to undergo testing. The
designated health official must
also state that if the
source refuses to be
tested, then the designated
health official will consult
with the requestor to
determine if he or she
wishes to pursue the
matter into court. The
designated health official must
warn the requestor that
if the matter is taken
to court and the court
rules that testing of
the source is not required,
then the requestor may
be liable for court costs.


(5) Disagreement with designated health official's ruling.
If the requestor does not agree with the determination of the
designated health official and wants to pursue the matter further,
then the requestor must submit a copy of his or her original
sworn affidavit to the Commissioner of Health (commissioner)
for an independent assessment. The petition must be within seven
days of the written notification by the designated health official.
The decision of the commissioner is final. If the commissioner
decides that the conditions of the exposure were such that there
existed a reasonable chance of exposure to a reportable disease,
then the designated health official in whose jurisdiction the
exposure occurred must continue action to obtain testing of the
source.


(6) Notification of the source.


(A) Once the designated health official determines that
an exposure with risk of transmission of a reportable disease
has occurred, the designated health official must within three
working days attempt to locate and notify the source or the source's
legal guardian. Notification must be by hand-delivered letter
which will ask the source or the source's legal guardian to contact
the designated health official but will not relate the reasons
for the request. The designated health official must personally
converse with the source or the source's legal guardian regarding
the potential transmission of a reportable disease to an emergency
responder.


(B) If the source is hospitalized, incarcerated, or otherwise
unable to personally consult with the designated health official,
then a health professional trained in relating health information
(e.g. registered or licensed vocational nurse, disease intervention
specialist, epidemiologist) must relate verbally and in writing
the request for information regarding the source's current status
related to certain reportable diseases.


(C) At least three attempts must be made to deliver the
notice to the source or source's legal guardian. If after three
attempts, the notice has not been delivered then the designated
health official will mail the notice by registered mail to the
last known address of the source or source's legal guardian.


(7)  Information provided to source.


(A) Once contacted, the designated health official must
relate to the source or source's legal guardian (both verbally
and in writing in a language the source can understand) that:


(i) an emergency responder
has had contact with
the source in a manner
that transmission of disease
may have occurred;


(ii) this person is
now requesting information on
the possible contagiousness of
the source with a disease(s)
reportable by law;


(iii) the source or
source's legal guardian is
asked to present laboratory
or other medically valid
evidence that he or she
did or did not have
the disease(s) at the
time of exposure; and


(iv)  that the source
or source's legal guardian
is required to present
this information or evidence
that an appropriate specimen
has been submitted for
testing within 14 days
of receipt of a written
request for testing.


(I)  The request must describe the type of test required
(e.g. blood for antigen or antibody, culture) and where such
a test and appropriate counseling can be obtained.


(II) The request must also state that if the source or
source's legal guardian chooses not to use public health facilities
for testing, then he or she is liable for any costs incurred
from testing.


(B) The test results or proof that the test specimen
had been taken must be in the form of a signed and dated statement
from a physician or laboratory stating the specimen has been
collected and the approximate date that the laboratory or other
results would be ready. The proof of specimen collection must
be returned to the designated health official within 17 days
after receipt of the written request for testing from the designated
health official. If the source or source's legal guardian already
has proof of laboratory results which demonstrate that the source
was or could not have been infectious at the time of the exposure
to the source, then the previous results substitute for new testing.


(C) A source or the source's legal guardian who states
that the source has been tested in the past and was positive
for HIV or Chronic Hepatitis B but is unable to produce valid
written results (anonymous test sites, special screens, lost
records) must be asked to be retested. If they refuse, then this
information must be relayed to the requestor.


(8) Source objection to determination of exposure. If
the source or the source's legal guardian objects to the designated
health official's decision that he or she was involved in potentially
exposing an emergency responder to a reportable disease, then
he or she must present a copy of his or her original sworn affidavit
to the commissioner for an independent assessment. The decision
of the commissioner is final.


(9) Test results. The source or the source's legal guardian
has the responsibility of presenting the test result(s) to the
health authority within five days of receipt. The results must
show that the tested specimen was collected from the source,
the date of collection, the type of test which was conducted,
and the results of the test. The results must have the original
signature of the physician who ordered, performed, or was responsible
for the testing.


(10) Notification of the requestor. When the test results
from the source are obtained, the designated health official
must arrange for an interview with the requestor. During the
interview the designated health official must provide verbally
and in writing the results of any testing on the source. If warranted
by the test results, the designated health official must also
provide recommendations for medical follow-up.


(11) Refusal to be tested. If the source refuses to be
tested, a statement to that effect must be signed by the source
or the source's legal guardian. If the source or the source's
legal guardian refuses to sign a statement or does not comply
with the written request to be tested within the allotted 14-day
time interval after notification, then the designated health
official will ask for a written statement from the requestor
stating that the matter should or should not be referred to the
district court. The written request must state that the requestor
understands he or she may be liable for court costs if the court
does not rule in favor of mandated testing of the source. The
designated health official will then refer the request to the
prosecuting attorney who represents the state in district court.
The prosecuting attorney will request a hearing on the order.


(12) Court proceedings. The source has the right to an
attorney at the hearing and the court will appoint an attorney
for a person who cannot afford legal representation. The source
or source's legal guardian cannot waive the right to an attorney
unless he or she has consulted with an attorney. The court will
then review the order and determine whether exposure occurred
and represents a probable risk of infection. Evidence may be
introduced by the attorney for the state or the attorney for
the source. The court will then order testing and appropriate
counseling or refuse to issue the order. If the court does not
find reasonable cause to have the person tested, then the court
may charge court costs to the requestor.


(13) Results of court ordered tests. If a test is ordered,
the designated health official must make arrangements for appropriate
counseling, specimen collection, testing and maintenance of confidentiality
of the source. The designated health official has the responsibility
of notifying both the requestor and the source or source's legal
guardian of the results of the testing and of any follow-up treatment
and/or counseling. The designated health official must develop
a protocol to code test specimens to ensure that identifying
information concerning the source is destroyed as soon as testing
is complete.


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 27, 1991.

TRD-9110447

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Effective date: September 17, 1991

Proposal publication date: June 11, 1991

For further information, please call: (512) 458-7463

   
   

Chapter 143. Medical Radiologic Technologists


25 TAC sec.sec.143.6-143.8,
143.10, 143.11


The Texas Department of Health (department) adopts amendments
to sec.sec.143.6-143.8 and sec.sec.143.10-143.11, concerning
medical radiologic technologists. Section 143.10 was adopted
with changes to the proposed text as published in the May 7,
1991, issue of the Texas Register
 (16 Tex Reg 2512).
Sections 143.6-143.8 and 143.11
are adopted without changes
and will not be republished.

The amendments in sec.sec.143.6-143.8 allow the department
to issue general certificates in medical radiologic technology
to persons recognized as registered technologists by the American
Registry of Clinical Radiography Technologists (ARCRT). The amendments
in sec.sec.143.10 and 143.11 establishes reapplication requirements
that pertain to technologists who fail to complete the continuing
education required for renewal and special renewal procedures
for technologists serving in the United States armed forces.
The amendments to sec.143.11 clarify the procedures for continuing
education and allows the department to expand the list of agencies
and organizations which offer or approve continuing education
activities without rule amendments.

The department made a minor change was made to sec.143.10
in response to House Bill 1393, passed by the 72nd Legislature,
1991. The change establishes the administrative procedure for
renewing certificates after August 1, 1990, for medical radiologic
technologists serving in the United States armed forces outside
of the State of Texas. The procedure exempts such individuals
from any increased fee or penalty for failure to renew in a timely
manner.

A statement signed by 22 technologists requested that the
amendments pertaining to the ARCRT registered technologists be
withdrawn from the proposal. The department does not agree with
the request. Comparisons of "blueprints" for the examination
offered by the ARCRT and the radiography examination (the "accepted"
examination) offered by the American Registry of Radiologic Technologists
indicate highly similar examination content. Moreover, the language
in the Medical Radiologic Technologist Certification Act, Texas
Civil Statutes, Article 4512M, sec.2.05(c), as amended by Senate
Bill 972, 72nd Legislature, 1991, says that when adopting minimum
standards for certifying medical radiologic technologists, the
Texas Board of Health may establish criteria for issuing a certificate
to a person licensed or otherwise registered as a medical radiologic
technologist by the ARCRT.

All of the comments received by the department, either in
writing or at the hearing held on June 4, 1991, pertained to
the amendments which allow a general certificate to be issued
to a technologist registered by the ARCRT. Fifteen individuals
submitted letters of support, and 22 individual technologists
requested that a certain proposed amendment be withdrawn. Associations
which commented and supported the amendments were the Texas Society
of Radiologic Technologists, Inc., and the Texas Society of the
ARCRT.

The amendments are adopted under Texas Civil Statutes, Article
4512m, sec.2.05, which provides the Texas Board of Health with
the authority to adopt rules establishing the minimum standards
for the certification of medical radiologic technologists; House
Bill 1393, 72nd Legislature, 1991, concerning the renewal of
a license held by an individual serving on active military duty;
Senate Bill 972, 72nd Legislature, 1991, concerning the regulation
of medical radiologic technologists; and the Health and Safety
Code, sec.12.001, which provides the Texas Board of Health
with the authority to adopt rules for the performance of every
duty imposed by law on the Texas Board of Health, the Texas Department
of Health, and the Commissioner of Health.



sec.143.10 Certificate Issuance,
Renewals, and Late Renewals.


(a)  (No change.)


(b) Issuance of certificates.


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


(3) The department shall replace a lost, damaged, or
destroyed certificate or identification card(s) upon a written
request and payment of the replacement fee. Requests shall include
a detailing of the loss or destruction of the original certificate
and/or identification card(s), or be accompanied by the damaged
certificate or card(s).


(c) (No change.)


(d) Certificates. The initial general or limited certificate
is valid through the MRT's or LMRT's next birth month; however
when the next birth month occurs within six months, the certificate
shall be issued for that period plus the next full year in order
to establish a staggered renewal system. Fees shall be prorated
and must be paid before a certificate will be issued by the department.


(e) Certificate renewal. Each MRT or LMRT shall renew
the certificate biennially on or before the last day of the MRT's
or LMRT's birth month.


(1)-(6) (No change.)


(7) The department shall issue renewal identification
cards for the current renewal period to an MRT or LMRT who has
met all the requirements for renewal. The cards shall be sent
to the preferred mailing address provided on the renewal application
form. The renewal cards shall be issued for a two year period
except when a certificate is renewed in accordance with paragraph
(8) of this subsection or subsection (f) of this section.


(8) The department shall issue renewal identification
cards to an MRT or LMRT who complies with paragraph (5) of this
subsection but who fails to complete the continuing education
requirements for recertification as set out in sec.143.11 of
this title (relating to Continuing Education Requirements). The
renewal identification cards shall expire 120 days after the
last day of the MRT's or LMRT's birth month. If the deficiency
is corrected and proof of completion of the continuing education
requirements is sent to the department within the 120 day period,
the department shall issue a renewal identification card which
expires on the last day of the MRT's or LMRT's next birth month
plus one year. An MRT or LMRT who does not correct the deficiency
within 120 days shall not be allowed to extend or renew the certificate.


(f) Late renewals.


(1) A person whose certificate has expired for not more
than 60 days may renew the certificate by submitting to the department
the renewal form, continuing education report forms (if required),
and the renewal fee. This subsection shall not apply to a person
whose certificate expired due to failure to complete the continuing
education requirements.


(2) (No change.)


(3) A person whose certificate has expired may not administer
a radiologic procedure during the 60-day period in violation
of the Act.


(g)  Expired certificates. The department, by certified
mail using the last address known, shall attempt to inform each
MRT or LMRT who has not timely renewed a certificate, that the
certificate has automatically expired. A person whose certificate
automatically expires is required to surrender the certificate
and identification cards to the department.


(h) Active duty. If an MRT or LMRT is called to or on
active duty with the armed forces of the United States and so
long as the MRT or LMRT does not administer a radiologic procedure
in a setting outside of the active duty responsibilities during
the time the MRT or LMRT is on active duty, the MRT or LMRT shall
not be required to complete any continuing education activities
during the renewal period in which the MRT or LMRT was on active
duty.


(1)  Renewal of the certificate may be requested by the
MRT or LMRT, the spouse, or an individual having power of attorney
from the MRT or LMRT. The renewal form shall include a current
address and telephone number for the individual requesting the
renewal.


(2) A copy of the official orders or other official military
documentation showing that the MRT or LMRT was on active duty
for any portion of the renewal period shall be filed with the
department along with the renewal form.


(3) An affidavit stating that the MRT or LMRT has not
administered a radiologic procedure in a setting outside of the
MRT or LMRT's active duty responsibilities during the time of
active duty shall be filed with the department along with the
renewal form. The affidavit may be executed by the the MRT or
LMRT, spouse or an individual having power of attorney from the
MRT or LMRT.


(4) A copy of the power of attorney from the MRT or LMRT
shall be filed with the department along with the renewal form
if the individual having power of attorney executes any of the
documents required by this subsection.


(5) A certificate covered by this subsection may be renewed
in accordance with subsection (f) of this section. The 60-day
late fee shall be waived for a renewal under this subsection.


(6)  An MRT or LMRT on active duty with the United States
armed forces serving outside the State of Texas may request renewal
of the certificate at any time before or after the expiration
of the certificate. An MRT or LMRT on active duty serving within
the State of Texas may request renewal before the expiration
of the certificate or under subsection (f) of this section. An
MRT or LMRT on active duty serving within the State of Texas
who does not renew under subsection (f) of this section may file
a complete application for another certificate in accordance
with sec.143.7(i) of this title (relating to Types of Certificates
and Applicant Eligibility).


(i) Reinstatement or reapplication.


(1) If a person fails to renew his certificate or fails
to complete and send proof of the completion of the continuing
education requirements on or before the expiration of the certificate,
the person may reinstate or reapply for a certificate only in
accordance with this subsection.


(2) On or before one year after the expiration of the
person's biennial certificate, the person may file an application
for reinstatement of the certificate on official department forms
and pay the application processing fee.


(A) The applicant shall be entitled to a certificate
of the same type as that which expired based upon the applicant's
previously accepted qualifications except as provided otherwise
in this subsection.


(B) The applicant shall pay the prorated certification
fee determined by the department.


(C) Applicants under this subsection shall be required
to successfully complete the NMTCB examination, the appropriate
examination of the ARRT, or the ARCRT examination after the department
has received a complete application.


(i) The applicant shall
comply with subsection (g)
of sec.143.8 of this
title (relating to Examinations).


(ii) The examination requirement
of this subsection shall
not be waived for persons
who:


(I) were nationally certified on September 1, 1987;


(II) are nationally certified by ARRT, NMTCB, or ARCRT;


(III) have previously completed the required examination;


(IV) qualified by reciprocity; or


(V) qualified under any other provision of this chapter.


(D)  From the time of expiration of a person's certificate
until reinstatement of the certificate, the person may not administer
a radiologic procedure in violation of the Act.


(3) A person whose biennial certificate has been expired
for at least one year may apply for another certificate by meeting
the then-current requirements of the Act and this chapter which
apply to all new applicants.


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 27, 1991.

TRD-9110449

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Effective date: September 17, 1991

Proposal publication date: May 7, 1991

For further information, please call: (512) 459-2961

   
   

Chapter 151. Nurse Aides



The Texas Department of Health (department) adopts amendments
to sec.sec.151. 2, 151.4-151.7, 151.9, and 151.12; the repeal
of sec.151.3; and new sec.151.3 concerning the nurse aides.
Sections 151.2, 151.3, 151.5, and 151.7 are adopted with changes
to the proposed text as published in the May 7, 1991, issue of
the Texas Register (16
TexReg 2514). Sections 151.4,
151.6, 151.9, and 151.12
are adopted without changes
and will not be republished.
Also please refer to
the correction of error
notice published in the
May 28, 1991, issue of
the Texas Register
 (16 TexReg 2965)
for the proposed amendment
to sec.151.6.

The amendments are necessary to update the sections to reflect
recent amendments to federal law, and to clarify language in
the sections.

Concerning sec.151.2, the Texas Health Care Association
requested that a task force meet to standardize the definitions
for abuse and neglect. The department's Bureau of Long Term Care
formed a committee to address the concerns about these definitions.
Revisions were made to the definitions of abuse, involuntary
seclusion, neglect, sexual abuse, and verbal abuse which were
based on comments and recommendations received from the task
force and from the Texas Association of Homes for the Aging.
Also, the department made editorial changes to the definitions
of "abuse", "mental/pscychological abuse", and "physical abuse"
for the purpose of clarity.

Concerning sec.151.2, a commenter proposed a revision to
the definition of neglect in order that it would be more consistent
with the definition in the Texas Human Resources Code. In response,
the department's task force rewrote the definition so that it
more closely aligns with that definition.

Concerning sec.151.3, several commenters requested that
the first reference to the competency evaluation program be deleted
from subsection (e). The commenters also requested that subsection
(j)(2) be deleted, and that the completion of a training program
be added to subsection (j)(4). The department agrees and has
made the requested changes and a few editorial changes for clarity,
and has renumbered the paragraphs under subsection (j).

Concerning sec.151.5, one commenter requested additional
wording in subsection (c) for clarity. The department agrees
and has made the change.

Concerning sec.151.7, one commenter requested that the parenthesis
be removed from the text of subsection (m) for clarity. The department
agrees and has made the change.

Concerning sec.151.9 and 151.12, the department made some
editorial changes for clarity.

The groups and associations commenting on the proposal were
the Texas Association of Homes for the Aging; Texas Health Care
Association; and the department's Advisory Committee on Nursing
Facility Affairs. All the commenters supported the amendments
with recommendations for changes.

278>25 TAC sec.sec.151.2, 151.4-151.7, 151.9,
151.12

The amendments are adopted under the Omnibus Budget Reconciliation
Act of 1987, Public Law 100-203, sec.sec.4201-4214, as amended,
which requires the State of Texas through an appropriate state
agency to adopt rules that specify the training and competency
evaluation programs it approves and to establish and maintain
a nurse aide registry; and the Health and Safety Code, sec.12.001,
which provides the Texas Board of Health with the authority to
adopt rules for the performance of every duty imposed by law
on the Texas Board of Health, the Texas Department of Health,
and the commissioner of health.



sec.151.2. Definitions.
The following words and
terms, when used in this
chapter, shall have the
following meanings, unless the
context clearly indicates otherwise.


   Abuse-Any act,
failure to act, or incitement
to act done willfully,
knowingly, or recklessly through
words or physical action
which causes or could
cause mental or physical
injury or harm or death
to a resident. This includes
verbal, sexual, mental/psychological,
physical abuse (including corporal
punishment), involuntary seclusion,
or any other actions
within this definition.


   Examination-A competency
evaluation which includes manual
(clinical) skills and written
or oral evaluations.


   Involuntary seclusion
-The separation of a resident
from others or from his
or her room against the
resident's will or the
will of the resident's
legal representative. Temporary
monitored separation from other
residents will not be
considered involuntary seclusion
and may be permitted
if used as a therapeutic
intervention as determined by
professional staff and consistent
with the resident's plan
of care.


   Mental/psychological abuse
-The mistreatment within the
definition of "abuse" in
this section which does
not result in physical
harm and includes, but
is not limited to, humiliation,
harassment, threats of punishment,
deprivation, or intimidation.


   Neglect-A deprivation
of life's necessities of
food, water or shelter
or a failure of an
individual to provide services,
treatment, or care to
a resident which causes
or could cause mental
or physical injury or
harm or death to the
resident.


   Nurse aide-An
individual providing nursing or
nursing-related services to residents
in a facility under the
supervision of a licensed
nurse. This definition does
not include an individual
who is a licensed health
professional or a registered
dietitian, or who volunteers
such services without monetary
compensation. A nurse aide
is not authorized to
provide nursing and/or nursing-related
services for which a
license, certification, or registration
is required under state
or federal law.


   Physical abuse
-Physical action within the
definition of "abuse" in
this section which includes,
but is not limited to,
hitting, slapping, pinching, and
kicking. It also includes
controlling behavior through corporal
punishment.


   Sexual abuse-Any
touching or exposure of
the anus, breast, or
any part of the genitals
of a resident without
the voluntary, informed consent
of the resident and with
the intent to arouse
or gratify the sexual
desire of any person
and includes, but is
not limited to, sexual
harassment, sexual coercion, or
sexual assault.


   Verbal abuse-The
use of any oral, written
or gestured language that
includes disparaging or derogatory
terms to a resident or
within the resident's hearing
distance, regardless of the
resident's age, ability to
comprehend, or disability.



sec.151.5. Registry; Findings;
Inquiries.


(a) The department shall establish and maintain a registry
of all individuals who qualify under sec.151.3(j) of this title
(relating to Requirements for Placement on Registry). Each individual
listed on the registry shall keep the department informed of
his or her current address and telephone number.


(b) The department shall review and investigate allegations
of neglect, abuse, or misappropriation of resident property by
a nurse aide. A nurse aide shall be given written notice by the
department of a proposed finding on an allegation and must request,
in writing, a formal hearing within 20 days of the date the notice
is mailed or personally delivered to the nurse aide or the right
to a hearing shall be waived, and the department may reach a
finding on the allegation without a formal hearing. Any hearing
shall be in accordance with the department's formal hearing procedure
in Chapter 1 of this title (relating to the Board of Health)
and the Administrative Procedure and Texas Register Act, Texas
Civil Statutes, Article 6252-13a. The registry, the nurse aide,
and the administrator of the facility where the event occurred
shall be notified of the findings. The registry shall include
the documented findings involving an individual listed in the
registry, as well as any brief statement of the individual disputing
the findings.


(c) A facility shall not use an individual, other than
a trainee, as a nurse aide or to provide services of a type for
which the individual has not demonstrated competency until inquiry
is made of any state registry established under the Act that
the facility believes will include information concerning the
individual.


(d)-(e) (No change.)


(f) A state shall not make a finding that an individual
has neglected a resident if the individual demonstrates that
such neglect was caused by factors beyond the control of the
individual.



sec.151.7. Training and
Competency Evaluation Program Requirements.


(a) The program shall maintain records which shall be
available to the department or its designees at any reasonable
time and which shall include for each new session of the program
at least:


(1) the dates and times of all classroom and clinical
hours;


(2) the full name and social security number of each
trainee;


(3) the attendance record of each trainee; and


(4) the final course grade indicating pass or fail for
each trainee.


(b) At the request of a trainee who has successfully
completed the training portion of a program, the program shall
issue a signed certificate of completion or a letter on letterhead
stationery stating that the trainee has completed the program.
The document shall include the date of completion, the total
hours of training, and the official program name and number on
file with the department.


(c)-(f) (No change.)


(g) A program must notify the department of a change
in any information presented by a program in an approved application
related to ownership, classroom location, clinical training site,
instructorship, and content. Such changes shall be approved by
the department prior to the program's effective date of the change.
If, due to special circumstances, a program cannot notify the
department of a change prior to the effective date of the change,
the department shall be notified immediately and shall approve
the change if the change complies with the Act and this chapter.


(h)-(k) (No change.)


(l) A program or competency evaluation program shall
not be offered by or in a facility if the facility falls within
any of the provisions of sec.151.6(g)(1) or (2) of this title
(relating to Training and Competency Evaluation Program Application
and Approval).


(m)  No charges relating to programs, competency evaluation
programs, textbooks, other required course material, or establishment
or maintenance of the registry shall be imposed against any nurse
aide who is employed by or who has received an offer of employment
from a facility on the date on which the aide begins a program
or a competency evaluation program.


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

Issued in Austin, Texas, on August 26, 1991.

TRD-9110413

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Effective date: September 16, 1991

Proposal publication date: May 7, 1991

For further information, please call: (512) 459-7539

   
   


25 TAC sec.151.3


The repeal is adopted under the Omnibus Budget Reconciliation
Act of 1987, Public Law 100-203, sec.sec.4201-4214, as amended,
which requires the State of Texas, through an appropriate state
agency, to adopt rules that specify the training and competency
evaluation programs it approves and to establish and maintain
a nurse aide registry; and the Health and Safety Code, sec.12.001,
which provides the Texas Board of Health with the authority to
adopt rules for the performance of every duty imposed by law
on the Texas Board of Health, the Texas Department of Health,
and the commissioner of health.


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 26, 1991.

TRD-9110414

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Effective date: September 16, 1991

Proposal publication date: May 7, 1991

For further information, please call: (512) 459-7539

   
   


The new section is adopted under the Omnibus Budget Reconciliation
Act of 1987, Public Law 100-203, sec.sec.4201-4214, as amended,
which requires the State of Texas, through an appropriate state
agency, to adopt rules that specify the training and competency
evaluation programs it approves and to establish and maintain
a nurse aide registry; and the Health and Safety Code, sec.12.001,
which provides the Texas Board of Health with the authority to
adopt rules for the performance of every duty imposed by law
on the Texas Board of Health, the Texas Department of Health,
and the commissioner of health.



sec.151.3. Requirements for
Placement on Registry.


(a) A person may not act as a nurse aide unless the person
complies with the Omnibus Budget Reconcilation Act of 1987 (act),
as amended, and this chapter.


(b) A facility must not use on a full-time basis any
individual as a nurse aide in the facility on or after October
1, 1990, for more than four months unless the individual:


(1) has completed an approved training and competency
evaluation program or competency evaluation program; and


(2) is competent to provide nursing or nursing-related
services.


(c) A facility must not use on a temporary, per diem,
leased, or on any basis other than as a permanent employee any
individual as a nurse aide in the facility on or after January
1, 1991, unless the individual meets the requirements in subsection
(b) of this section.


(d) An individual used by a facility as a nurse aide
for four months or less shall be subject to this chapter if the
person is enrolled in or has completed a program or a competency
evaluation program.


(e) In order to complete the competency evaluation portion
of a program, a person must:


(1) complete and submit to the department or its designee
the application for examination on forms prescribed by the department
or its designee;


(2) achieve a passing grade on the skills examination
as determined by the Department of Health (department);


(3) achieve a passing grade on the written or oral examination
as determined by the department; and


(4)  successfully complete the written or oral examination
after successful completion of the skills examination.


(f) At a nurse aide's option, the nurse aide may establish
competency under subsection (e) of this section by successful
completion of:


(1) one of the following:


(A) a skills examination; or


(B) an examination for a handicapped or disabled individual
equivalent to the skills examination; and


(2) one of the following:


(A) a written examination in English;


(B) an oral examination in Spanish;


(C) an oral examination in English; or


(D)  an examination for a handicapped or disabled individual
equivalent to the written or oral examination.


(g) A person who fails the skills examination or the
written or oral examination may retest twice on the failed examination.
The department is not required to set special examination schedules
for those who request reexamination.


(h) All examinations shall be administered by the department
or its designee(s) and shall be:


(1) a demonstration by the trainee of a minimum of five
tasks, all of which are included in the performance record;


(2) selected for each trainee from a pool of evaluation
items (tasks) which have been ranked by the department according
to degree of difficulty; and


(3) a random selection of tasks with at least one from
each degree of difficulty.


(i) It is the responsibility of each program to schedule
examinations for its trainees with the department or its designee(s)
and to provide the facility where the skills examination and
the location where the written or oral examination will be given.


(1) It is the responsibility of a trainee to verify that
a program makes the arrangements required under this subsection.


(2) If a trainee fails the written or oral examination,
it is the trainee's responsibility to notify the program that
a retest is necessary.


(j) A person shall be placed on the registry if the person
meets one of the following requirements:


(1) successful completion of an approved program;


(2) presentation to the department of written documentation
that the person successfully completed a program or a competency
evaluation program conducted in another state pursuant to the
requirements of the Act and is currently on the registry in that
state;


(3) the individual has served as a nurse aide at one
or more facilities of the same employer in Texas for at least
24 consecutive months prior to December 19, 1989; has completed
the training portion of a program; and has completed documentation
required by the department; or


(4) the nurse aide was found competent (whether or not
by the State of Texas) before July 1, 1989, after completion
of a nurse aide training course of at least 100 hours duration
and has completed documentation required by the department.


(k) A copy of the nurse aide registry certificate shall
be kept on file by a facility employing the person listed on
the certificate.


(l) A certificate is not transferable.


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 26, 1991.

TRD-9110415

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Effective date: September 16, 1991

Proposal publication date: May 7, 1991

For further information, please call: (512) 459-7539

   
   


TITLE 28. INSURANCE

Part I. State Board of Insurance

Chapter 7. Corporate and Financial Regulation


Subchapter A. Examination and Corporate Custodian and Tax


28 TAC sec.7.60


The State Board of Insurance adopts new sec.7.60, without
changes to the proposed text as published in the February 26,
1991, issue of the Texas Register
 (16 TexReg 1262).

Section 7.60 concerns corporate and financial regulation.
Section 7.60 concerns forms and instructions for the preparation
and filing of tax returns for insurers and other entities required
to file tax returns with the State Board of Insurance for the
1990 calendar year or required to file quarterly premium tax
returns with the board during the 1991 calendar year. The new
section is necessary to record forms and instructions which the
State Board of Insurance has provided to insurers and others
for filing tax returns. Timely and accurate payment of the taxes
is necessary for support of regulatory functions of the State
Board of Insurance.

The new section adopts forms and instructions which facilitate
compliance with statutory requirements for reporting and payment
of taxes to the State Board of Insurance. The annual gross premium
tax return is required by statute to be filed either on or before
March 1, 1991, or the date the annual statement for the carrier
is required to be filed with the board. Quarterly tax returns
are required to be filed four times per year: the first quarter
is due and payable March 1, 1991 (or the date the annual statement
for such carrier is required to be filed with the State Board
of Insurance); the second quarter is due and payable May 15,
1991; the third quarter is due and payable August 15, 1991; and
the fourth quarter is due and payable November 15, 1991. The
forms and instructions include requirements for information respecting
gross premium taxes, maintenance taxes, and other taxes, and
certain incidental fees, and provide a form to be used in determining
and reporting the amount owed.

No comments were received regarding adoption of the new section.

The new section is adopted under the Insurance Code, Articles
1.04, 1.10, sec.9, 1.14-1, 1.14-2, 1.35B, 4.07, 4.11, 4.11A,
4.11B, 4.11C, 4.17, 5.12, 5.24, 5.49, 5.68, 9.46, 9.59, 21.07-6,
21.54, and 23.08; the Texas Heath Maintenance Organization Act,
sec.22 and sec.33; and Texas Civil Statutes, Article 6252-13a,
sec.4, and Article 8306, sec.28. The Insurance Code, Article
1.04, places original jurisdiction for the adoption of rules
in the State Board of Insurance. Article 1.10, sec.9, requires
the board to furnish, to companies required to report to the
board, statement blanks for the statements required. Article
4.07 specifies the charges for certain fees. The Insurance Code,
Articles 4.10, 4.11, 9.59, and 21.54; Texas Civil Statutes, Article
8306, sec.28; and the Texas Health Maintenance Organization
Act, sec.33, require the payment of taxes on gross premiums
by entities regulated by the board or on gross amounts of similar
revenue by health maintenance organizations. The Insurance Code,
Article 4.11A, requires the payment of taxes on the gross amount
of administrative or service fees received by an insurance carrier.
The Insurance Code, Articles 4.17, 5.12, 5.24, 5.49, 5.68, 9.46,
21.07-6, and 23.08, requires the payment of maintenance taxes
by certain entities regulated by the board. The Insurance Code,
Articles 4. 10, 4.11, and 4.11A, gives the board rulemaking authority.
The Texas Health Maintenance Organization Act, sec.22, gives
the board rulemaking authority. Texas Civil Statutes, Article
6252-13a, sec.4, require and authorize the board to adopt rules
of practice setting forth the nature and requirements of all
procedures available.


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

Issued in Austin, Texas, on August 26, 1991.

TRD-9110395

Nicholas Murphy

Chief Clerk

State Board of Insurance

Effective date: September 16, 1991

Proposal publication date: February 26, 1991

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

   
   

Part II. Texas Workers' Compensation Commission

Chapter 170. State Risk Management


28 TAC sec.sec.170.1-170.3


The Texas Workers' Compensation Commission adopts new sec.
s170.1-170.3, concerning procedures to be used by the division
of Risk Management of the Texas Workers' Compensation Commission,
in carrying out its responsibilities under the Texas Workers'
Compensation Act (the Act), Article 8308-7.21, to analyze and
report various liabilities and losses of state agencies, with
changes to the proposed text as published in the June 4, 1991,
issue of the Texas Register
(16 TexReg (3031).

The purpose of new sec.170.1 is to set forth definitions
of various terms used in the statute and rules of the risk management
division. The terms defined are "employee," "liability," "liability
loss," "property," and "property loss." The definition of "property"
lists 16 different tangible and intangible items that are included
within that term.

New sec.170.2 provides a procedure to implement Article
8308-7.21(b), which an agency may claim by filing an application
for exemption which includes documentation of the agency's medical
malpractice, workers' compensation, or any other self-insurance
coverage in effect prior to January 1, 1989, along with a copy
of the agency's risk management programs that cover property
and liability exposures of that agency. The application for exemption
is required to be written in a format prescribed by the commission.

New sec.170.3 details the requirements of the reports that
state agencies covered by the Act are required to file with the
commission's division of Risk Management, no later than October
30th of each year. The reports are required to be compiled on
commission prescribed forms, which are incorporated by reference
in the section. The information set forth on these forms shall
include annual exposure reports, annual loss summaries with supporting
information for liability, and property, losses and supporting
analyses of workers' compensation losses. The section provides
that if state-controlled databases for this information already
exist, the division of Risk Management shall be provided with
access to those databases by the controlling agency.

Concerning sec.170.1, one agency commented against the proposed
section because the rule imposes requirements which may be beyond
the authority of the commission by including areas of liability
which could be beyond the legitimate interests of the commission.
The commission disagreed because the statute mandates the interest
of, and imparts authority to, the commission in all areas of
liability, property, and workers' compensation.

The commission added the phrase ", but not limited to," to
the definition of liability loss.

The Texas Department of Mental Health and Mental Retardation
commented against the proposed section; no comments specifically
in favor of the section were received.

Concerning sec.170.2, one agency commented against the proposed
section because it would be impossible for the department to
apply for exemption to the Act by August 31, 1991. The commission
disagreed because the exemption is based on a documented program
which was in existence prior to January 1, 1989. An agency need
only submit the qualified program with a certification of its
existence prior to 1989. Also, state agencies were invited by
memorandum from the executive director in October 1990 to submit
their qualifying documentation.

The commission clarified the language of the section by changing
the word "may" to "must" to remove ambiguity and by specifying
the Risk Management Division as the recipient of applications
for exemption.

The Texas Department of Mental Health and Mental Retardation
commented against the proposed section; no comments specifically
in favor of the section were received.

Concerning sec.170.3, one agency commented against the proposed
section because the rule may require substantial effort and cost.
The commission disagreed because the statute anticipates that
much of the information is already available and may only require
format changes for reports.

Another agency commented against the proposed section, noting
that the reporting due date contained in the rule was in error
according to the statute. The commission agreed and changed the
date in the rule to October 30. The department also commented
that specific information for the required forms was not given
and requested a delay in forms implementation. While the commission
agrees that specific information requirements were not listed
in the rule, agencies have had access to test forms. Since these
forms and the programs which they support are still in development,
the forms are incorporated by reference and no delay in supplying
information should be allowed. The Texas Department of Mental
Health and Mental Retardation, and the Texas Department of Criminal
Justice-Institutional Division, commented against the proposed
section.

No comments specifically in favor of any of the proposed sections
were received.

The new sections are adopted under Texas Civil Statutes, Article
8308-2.09(a), which authorize the commission to adopt rules necessary
to administer the Texas Workers' Compensation Act, Article 8303-1.01
et seq; and Article 8308-7.21(j), which states that the commission
may adopt rules to implement Article 8308-7.21, including rules
relating to reporting requirements for state agencies.



sec.170.1. Definitions.
The following words and
terms, when used in this
section, shall have the
following meanings, unless the
context clearly indicates otherwise.


   Employee-any budgeted,
full and/or part-time employee
reported in the most
recent November 30th State
auditor's Quarterly Report of
Full-Time Equivalent State Employees.


   Liability-includes
every character of hazard
or responsibility. Includes professional
liability, medical malpractice,
employment and civil rights
violations, and similar liabilities.
The term includes, but
is not limited to, the
duty to pay for:


(1) the actions or lack of action by a state official,
state employee, or person operating under the authority of the
state;


(2) liability-assumed contracts such as lease or rental
agreements; and


(3) liabilities created by federal or state law, or common
law.


   Liability loss
-Damage or penalty paid
or owed because of a
liability. The term includes,
but is not limited to,
damages, exemplary damages, punitive
damages, fines, workers' compensation,
health care, income benefits,
and death benefits paid
on a liability.


   Property-Anything
owned, leased, occupied, or
borrowed by a state agency,
whether corporeal or incorporeal,
tangible or intangible, real
or personal. The term
includes, but is not
limited to:


(1) land and mineral rights;


(2) buildings and other improvements;


(3) vehicles and boats;


(4) equipment;


(5) published materials;


(6) works of art and antiquities;


(7) furniture;


(8) supplies;


(9) chemicals;


(10) food and agricultural products;


(11)  apparel;


(12) raw materials;


(13) rights and royalties;


(14) intellectual property;


(15) financial assets including money; and


(16) EDP hardware and software.


   Property loss-Any
loss or misappropriation or
damage to property. The
term includes, but is
not limited to, fire,
theft, fraud, misappropriation,
vandalism, disappearance, or Act
of God.



sec.170.2. Applications for
Exemption.


(a) A state agency with five or more employees, seeking
exemption under the Texas Workers' Compensation Act (the Act),
sec.7.21(b), must file an application for exemption with the
Risk Management Division no later than August 31, 1991.


(b) The application for exemption shall be in writing
in a format prescribed by the commission and shall state the
agency's justification for claiming the exemption.


(c)  The agency shall attach to the application (unless
previously submitted to the Division of Risk Management):


(1) documentation, including financial statements, of
the agency's medical malpractice, workers' compensation, or other
self-insurance coverage in existence prior to January 1, 1989;
and


(2) a copy of the agency's associated risk management
programs which address property and liability exposures.



sec.170.3. Reports.


(a) A state agency subject to the Texas Workers' Compensation
Act, sec.7. 21, shall file the following with the commission
no later than October 30 of each year:


(1) annual exposure reports, on TWCC Form 125 with appropriate
detail supplements; and


(2) annual Loss Summary Report on TWCC Forms 126a, TWCC
126b, and TWCC 126c, with:


(A) supporting loss information for liability and property
losses on TWCC Forms 122, 123, and 124; and


(B) supporting analysis of workers' compensation losses
on AGS-10- 91/TWCC Form 121.


(b) Where state controlled databases containing information
relating to state property and liability losses and exposures
already exist, the Risk Management Division shall be provided
access to the database by the controlling agency.


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 26, 1991.

TRD-9110396

Susan M. Kelley

General Counsel

Texas Workers' Compensation Commission

Effective date: September 16, 1991

Proposal publication date: June 4, 1991

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

   
   


TITLE 34. PUBLIC FINANCE

Part I. Comptroller of Public Accounts

Chapter 3. Tax Administration


Subchapter O. State Sales and Use Tax


34 TAC sec.3.282


The Comptroller of Public Accounts adopts an amendment to
sec.3.282, concerning auditing taxpayer records, with changes
to the proposed text as published in the July 2, 1991, issue
of the Texas Register
(16 TexReg 3682).

The amendment provides information to retailers regarding
the time period for obtaining resale certificate and exemption
certificates prior to an audit. Changes were made to subsections
(b) and (f) as a result of comments received.

The following comments were received from Transcontinental
Gas Pipe Line Corporation of Houston. The corporation asked that
the comptroller explain the state's use during the audit process
of a certain piece of licensed software. The comptroller declined
to discuss a specific brand of software in a section. The comptroller
further declined to add a new subsection covering the cost of
computer use time. The comptroller did add a general sentence
to subsection (b) regarding the comptroller's right to use computers
during audits.

Other changes were made in subsection (f) of this section.
These changes were made to conform to changes made to 34 TAC
3.285, concerning sales for resale; resale certificates, which
was adopted earlier and concerned when notice would be issued
to taxpayers regarding the "60-day" provisions.

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.



sec.3.282. Auditing Taxpayer
Records.


(a) (No change.)


(b) The comptroller may use a detailed auditing procedure
or a sample and projection auditing method to determine tax liability.
Sampling procedure may include manual sampling techniques and
computer-assisted audit techniques, whichever produce the most
accurate results in the most efficient manner.


(c)-(e) (No change.)


(f) Resale and exemption certificates.


(1) Resale and exemption certificates should be available
at the time of the audit. All certificates obtained on or after
the date the comptroller's auditor actually begins work on the
audit at the seller's place of business or on the seller's records
after the entrance conference are subject to verification. All
incomplete certificates will be disallowed regardless of when
they were obtained.


(2) The seller has 60 days from the date written notice
is received by the seller from the comptroller in which to deliver
the certificates to the comptroller. Written notice shall be
given by the comptroller upon the filing of a petition for redetermination
or claim for refund. For the purposes of this section, written
notice given by mail is presumed to have been received by the
seller within three business days from the date of deposit in
the custody of the United States Postal Service. The seller may
overcome the presumption by submitting proof from the United
States Postal Service or by other competent evidence showing
a later delivery date. If the seller is not in possession of
the certificates within 60 days from the date written notice
is given by the comptroller that certificates pertaining to periods
or transactions specified in the notice are required, any deductions
claimed which require resale or exemption certificates will be
disallowed. Exemptions claimed by those certificates acquired
during this 60-day period will be subject to independent verification
by the comptroller before the deductions will be allowed. Certificates
delivered after the 60-day period will not be accepted. See 
s3. 285 of this title (relating to Sales for Resale; Resale
Certificate); sec.3.287 of this title (relating to Exemption
Certificates); and sec.3.288 of this title (relating to Direct
Payment Procedures and Qualifications).


(3) When a 60-day letter has been received, a resale
or exemption certificate is the only acceptable proof that a
taxable item was purchased for resale or qualifies for exemption.


(g)-(h) (No change.)


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

Issued in Austin, Texas, on August 26, 1991.

TRD-91100381

Martin Cherry

Chief, General Law Section

Comptroller of Public Accounts

Effective date: September 16, 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 Department of
Agriculture


Thursday, September 5,
1991, 8 a.m. The Upper Coastal
Bend Pest Management Zone of the Texas Department of Agriculture
will meet at the Wharton County Extension Service, 210 South
Rusk, Wharton. According to the complete agenda, the department
will make introductions; review and discuss industry perspective;
pest management update; cotton stalk destruction; hear public
comment; and questions and answers.

Contact: Keith Jones, P.O. Box 12847, Austin,
Texas 78711, (512) 463-9883.

Filed: August 27, 1991, 1:37 p.m.

TRD-9110454


Tuesday, September 10,
1991, 9 a.m. The Produce Recovery
Fund Board of the Texas Department of Agriculture will meet at
the Texas Department of Agriculture, 1700 North Congress Avenue,
Stephen F. Austin Building, Ninth Floor Conference Room, Austin.
According to the complete agenda, the board will hold a hearing
to review contest of determination of the Texas Department of
Agriculture in the case of Walter Ray Carroll, petitioner and
J.A.V. Ag Inc. doing business as Van De Walle Vegetable, Inc.,
respondent.

Contact: Dolores Alvarado Hibbs, P.O. Box
12847, Austin, Texas 78711, (512) 463-7583.

Filed: August 29, 1991, 9:50 a.m.

TRD-9110595 


Tuesday, September 10,
1991, 1 p.m. (rescheduled
from September 12, 1991).
The Produce Recovery Fund Board of the Texas Department of Agriculture
will meet at the Texas Department of Agriculture, 1700 North
Congress Avenue, Stephen F. Austin Building, Ninth Floor Conference
Room, Austin. According to the complete agenda, the board will
hold a hearing to review contest of determination of the contest
of determination of the Texas Department of Agriculture in the
case of Disbro Farms and Kiser and Sons versus J.A.V. Ag., Inc.
doing business as Van De Walle Vegetable, Inc.

Contact: Dolores Alvarado Hibbs, P.O. Box
12847, Austin, Texas 78711, (512) 463-7583.

Filed: August 29, 1991, 9:51 a.m.

TRD-9110596


Tuesday, September 10,
1991, 1 p.m. (rescheduled
from September 12, 1991).
The Produce Recovery Fund Board of the Texas Department of Agriculture
will meet at the Texas Department of Agriculture, 1700 North
Congress Avenue, Stephen F. Austin Building, Ninth Floor Conference
Room, Austin. According to the complete agenda, the board will
hold a hearing to review contest of determination of the Texas
Department of Agriculture in the case of Pattillo Produce, Inc.,
petitioner and Jerry Estopy, respondent.

Contact: Dolores Alvarado Hibbs, P.O. Box
12847, Austin, Texas 78711, (512) 463-7583.

Filed: August 29, 1991, 9:50 a.m.

TRD-9110594


Wednesday, September 11,
1991, 8:30 a.m. (rescheduled
from September 11, 1991,
10:30 a.m.). The Produce Recovery Fund Board
of the Texas Department of Agriculture will meet at the Texas
Department of Agriculture, 1700 North Congress Avenue, Stephen
F. Austin Building, Ninth Floor Conference Room, Austin. According
to the complete agenda, the board will hold a hearing to review
contest of determination of the Texas Department of Agriculture
in the case of David W. Smith, petitioner and Olton Produce,
Inc., respondent.

Contact: Dolores Alvarado Hibbs, P.O. Box
12847, Austin, Texas 78711, (512) 463-7583.

Filed: August 29, 1991, 9:51 a.m.

TRD-9110599


Wednesday, September 11,
1991, 9:30 a.m. (rescheduled
from September 11, 1991,
1 p.m.). The Produce Recovery Fund Board
of the Texas Department of Agriculture will meet at the Texas
Department of Agriculture, 1700 North Congress Avenue, Stephen
F. Austin Building, Ninth Floor Conference Room, Austin. According
to the complete agenda, the board will hold a hearing to review
contest of determination of the Texas Department of Agriculture
in the case of Harold D. Smith, petitioner and Olton Produce,
Inc., respondent.

Contact: Dolores Alvarado Hibbs, P.O. Box
12847, Austin, Texas 78711, (512) 463-7583.

Filed: August 29, 1991, 9:51 a.m.

TRD-9110600


Wednesday, September 11,
1991, 10:30 a.m. (rescheduled
from September 11, 1991,
at 3 p.m.). The Produce Recovery
Fund Board of the Texas Department of Agriculture will meet at
the Texas Department of Agriculture, 1700 North Congress Avenue,
Stephen F. Austin Building, Ninth Floor Conference Room, Austin.
According to the complete agenda, the board will hold a hearing
to review contest of determination of the Texas Department of
Agriculture in the case of Jackie Don Burkhalter, petitioner
and Olton Produce, Inc., respondent.

Contact: Dolores Alvarado Hibbs, P.O. Box
12847, Austin, Texas 78711, (512) 463-7583.

Filed: August 29, 1991, 9:51 a.m.

TRD-9110598


Wednesday, September 11,
1991, 1 p.m. (rescheduled
from September 11, 1991,
at 1 p.m.). The Produce Recovery
Fund Board of the Texas Department of Agriculture will meet at
the Texas Department of Agriculture, 1700 North Congress Avenue,
Stephen F. Austin Building, Ninth Floor Conference Room, Austin.
According to the complete agenda, the board will hold a hearing
to review contest of determination of the Texas Department of
Agriculture in the case of Sorley Supply, Inc., petitioner and
Olton Produce, Inc., respondent.

Contact: Dolores Alvarado Hibbs, P.O. Box
12847, Austin, Texas 78711, (512) 463-7583.

Filed: August 29, 1991, 9:51 a.m.

TRD-9110597


Thursday, September 12,
1991, 11 a.m. The Produce Recovery
Fund Board of the Texas Department of Agriculture, 1700 North
Congress Avenue, Stephen F. Austin Building, Ninth Floor Conference
Room, Austin. According to the complete agenda, the board will
hold a hearing to review contest of determination of the Texas
Department of Agriculture in the case of Disbro Farms and Kiser
and Sons versus J.A.V. Ag, Inc. doing business as Van De Walle
Vegetable, Inc.

Contact: Dolores Alvarado Hibbs, P.O. Box
12847, Austin, Texas 78711, (512) 463-7583.

Filed: August 28, 1991, 9:57 a.m.

TRD-9110534

   
   


Advisory Board of Athletic
Trainers


Sunday, September 15,
1991, 11 a.m. The Advisory Board
of Athletic Trainers will meet at the Dyer Ranch House, County
Road 49, Route 6, P.O. Box 6186, Brenham. According to the complete
agenda, the board will approve minutes of previous meeting; discuss
and possibly act on final amendments to rules in 25 TAC, Chapter
313; Southern Methodist University's apprenticeship program;
examination process; physical therapy and emergency medical personnel
practice; and announcements and comments not requiring board
action.

Contact: Becky Berryhill, 1100 West 49th
Street, Austin, Texas 78756, (512) 459-2952.

Filed: August 27, 1991, 1:07 p.m.

TRD-9110468

   
   


State Bar of Texas


Thursday, September 5,
1991, 2 p.m. The Executive Committee
of the State Bar of Texas will meet at the Westin Paso del Norte,
Pancho Villa Room, 101 South El Paso Street, El Paso. According
to the agenda summary, the committee will call the meeting to
order; hear report of board chair; report of president; report
of president elect; general counsel; board committees; report
of immediate past president; immediate past chair of board; TYLA
president; Supreme Court liaison; and adjourn.

Contact: Pat Hiller, 1414 Colorado Street,
Austin, Texas 78701, (512) 463-1451.

Filed: August 27, 1991, 3:59 p.m.

TRD-9110467


Friday, September 7,
1991, 1:30 p.m. The Board of Directors
of the State Bar of Texas will meet at the Westin Paso Del Norte,
Ballroom A and B, 101 South El Paso Street, El Paso. According
to the agenda summary, the board will call the meeting to order;
take roll call; give invocation; swearing in of new directors;
report of the chair of the board; reports of: president; president-elect;
executive director; general counsel; board committees; report
from bar committees, sections, divisions; report from lawyer
discipline; report of immediate past president; immediate past
chair of the board; report of TYLA president; Supreme Court liaison;
court of criminal appeals liaison; judicial section liaison;
report of federal judicial liaison; remarks from general public;
written report only-1991 grant recipients and 1991-1992 IOLTA
compliance process.

Contact: Pat Hiller, 1414 Colorado Street,
Austin, Texas 78701, (512) 463-1451.

Filed: August 28, 1991, 3:55 p.m.

TRD-9110578

   
   


Daughters of the Republic
of Texas, Inc.


Friday, September 6,
1991, 9 a.m. The Board of Management
of the Daughters of the Republic of Texas, Inc. will meet at
the Southside Country Club House, Highway 80 South and Club Road,
Luling. According to the complete agenda, the board will call
the meeting to order; discuss determination of quorum; give invocation;
pledge to flags; open business session-state property reports:
Alamo Committee chairman; Library Committee chairman; French
Legation Committee chairman; Museum-president general; recess
to closed/executive session to discussion of matters affecting
state owned properties pursuant to Article 6252-17, sec.
s2(e), (f), (g), and (j) if necessary; recess to open meeting;
open business session-motions arising from executive session;
and adjourn.

Contact: Betty F. Burr, 613 Bostwick, Nacogdoches,
Texas 75961, (409) 564-7478.

Filed: August 28, 1991, 10:50 a.m.

TRD-9110537

   
   


Interagency Council on
Early Childhood Intervention


Wednesday, September 4,
1991, 9 a.m. The Interagency Council
on Early Childhood Intervention will meet at the Texas Department
of Health, 1100 West 49th Street, Room M-652, Austin. According
to the complete agenda, the council will hear public comments;
discuss and approve minutes of previous meeting; consider and
possibly act on update on Department of Information Resources/early
childhood intervention equipment plan; legislative actions; emergency
posting of new 25 TAC sec.621.6 regarding advisory committee
appointments and composition; budget increase and potential priorities
for funding; update on personnel actions; Medicaid (United States
Health Care Financing Administration response and plan for next
steps); and update on status of fiscal year 1992 contracts.

Contact: Mary Elder, 1100 West 49th Street,
Austin, Texas 78756, (512) 458-7673.

Filed: August 27, 1991, 4:07 p.m.

TRD-9110469

   
   


Employees Retirement System
of Texas


Wednesday, August 28,
1991, 9 a.m. The Board of Trustees
of the Employees Retirement System of Texas met at the Texas
Rehabilitation Commission Building, 4900 North Lamar Boulevard,
Room 4501, Austin. According to the emergency revised agenda
summary, the board considered finding pursuant to Article 6252-9a,
Vernon's Texas Civil Statutes, for ERS trustee to hold another
non-elective state office. The emergency status was necessary
due to Article 6252-9a, Vernon's Texas Civil Statutes required
a finding by the ERS board of trustees that there were no conflicts
with the ERS board members under consideration for appointment
to an non-elective state office. Time did not permit seven days
notice.

Contact: William S. Nail, 18th and Brazos
Streets, Austin, Texas 78701, (512) 867-3336.

Filed: August 27, 1991, 4:16 p.m.

TRD-9110474

   
   


Texas Funeral Service
Commission


Thursday, September 5,
1991, 9 a.m. The Texas Funeral
Service Commission will meet at the Sheraton Mockingbird Hotel,
1893 Mockingbird Lane, Dallas. According to the agenda summary,
the commission will approve minutes; introduce Commissioner Ted
Karpf; meet in executive session; reconvene in open meeting to
discuss items for consideration to include: public comment period;
executive director's report; proposed fee changes; legislative
changes; discussion of proposed administrative penalties; consideration
of cases recommended be closed; and election of officers.

Contact: Larry A. Farrow, 8100 Cameron Road,
Building B, Austin, Texas 78753, (512) 834-9992.

Filed: August 28, 1991, 12:01 p.m.

TRD-9110540


Thursday, September 5,
1991, 9 a.m. The Texas Funeral
Service Commission will meet at the Sheraton Mockingbird Hotel,
1893 Mockingbird Lane, Dallas. According to the revised agenda
summary, the commission will approve minutes; introduction of
Commissioner Ted Karpf; meet in executive session; reconvene
in open meeting to discuss items for consideration to include:
public comment period; executive director's report; proposed
fee and rule changes; legislative changes; discussion of proposed
administrative penalties; consideration of cases recommended
be closed; and election of officers.

Contact: Larry A. Farrow, 8100 Cameron Road,
Austin, Texas 78753, (512) 834-9992.

Filed: August 29, 1991, 9:05 a.m.

TRD-9110593

   
   


Interagency Council for
Genetic Services


Friday, September 13,
1991, 9 a.m. The Texas Genetics
Network (TEXGENE) of the Interagency Council for Genetic Services
will meet at the Texas Department of Health, 1100 West 49th Street,
Room T-607, Austin. According to the complete agenda, the committee
will hear public comments; adopt minutes of previous meeting;
consider and possibly act on report of Interagency Council for
Genetic Services; coordination of effort regarding folic acid
in families with previous history on neural tube defects; fiscal
year 1992 State Appropriations Act; hear executive committee
report; subcommittee reports covering education, quality assurance,
genetic services, council on regional networks data collection
status, activity reports; (Texas Department of Health; Texas
Department of Human Services; Texas Department of Mental Health
and Mental Retardation-teratogen information hotline; private
service providers; consumers); program coordinator reports on
budget status and changes to travel voucher requirements; steering
committee membership nominations for consumer representative;
grant objectives; committee member assignments; and announcements
and comments not requiring committee action.

Contact: William E. Moore, 1100 West 49th
Street, Austin, Texas 78756, (512) 458-7700.

Filed: August 27, 1991, 4:08 p.m.

TRD-9110471


Friday, September 13,
1991, 1 p.m. The Interagency Council
for Genetic Services will meet at the Texas Department of Health,
1100 West 49th Street, Room T-607, Austin. According to the complete
agenda, the council will hear public comments; adopt minutes
of previous meeting; consider and possibly act on Texas Genetics
Network Advisory Committee report; fiscal year 1992 State Appropriations
Act; Texas Department of Mental Health and Mental Retardation
(TDMHMR) report on screening of state school residents; activities
concerning genetic services by Texas Department of Health (TDH)
and Texas Department of Human Services (TDHS), including fiscal
year 1992 funding and reorganization proposals by TDMHMR/TDH/TDHS;
program coordinator reports on budget, consumer representatives,
and changes in travel voucher requirements; future direction
of council under legislative mandates; fiscal plans for fiscal
years 1992 and 1993; resource allocation plan due June 1, 1992;
legislative mandates; council member assignments; and announcements
and comments not requiring council action.

Contact: William E. Moore, 1100 West 49th
Street, Austin, Texas 78756, (512) 458-7700.

Filed: August 27, 1991, 4:08 p.m.

TRD-9110470

   
   


Office of the Governor,
Criminal Justice Division


Monday, September 9,
1991, 10 a.m. The Governor's Juvenile
Justice and Delinquency Prevention Advisory Board of the Criminal
Justice Division of the Office of the Governor will meet at the
Texas Law Center, 1414 Colorado Street, Room 202, Austin. According
to the agenda summary, the board will review and make recommendations
regarding fiscal year 1992 grant applications; survey results
and recommendations regarding eligible juvenile projects for
fiscal year 1993 criminal justice plan for Texas.

Contact: Jim Kester, P.O. Box 12428, Austin,
Texas 78701, (512) 463-1919.

Filed: August 28, 1991, 10:08 a.m.

TRD-9110536


Tuesday, September 10,
1991, 10 a.m. The Subcommittee
on Minorities in the Juvenile Justice System of the Criminal
Justice Division of the Office of the Governor will meet at the
Texas Law Center, 1414 Colorado Street, Room 206, Austin. According
to the complete agenda, the subcommittee will call the meeting
to order; hear opening remarks; discussion and approval of recommendations
made by the workgroups; discussion of the final published plan
and its mailing list; and adjourn.

Contact: Jim Kester, P.O. Box 12428, Austin,
Texas 78701, (512) 463-1919.

Filed: August 28, 1991, 10:08 a.m.

TRD-9110535

   
   


Texas Department of
Health


Wednesday, September 4,
1991, 10 a.m. The Advisory Committee
for Personal Care of the Texas Department of Health will meet
at the Texas Department of Health, 1100 West 49th Street, Room
T-607, Austin. According to the complete agenda, the committee
will hear opening remarks; consider and possibly act on sub-committee
reports for implementation of Senate Bill 865; discuss continuing
education plan/different levels of standards; fee structure;
memorandum of understanding; consumer's guide; resident bill
of rights/provider bill of rights; and other items of interest
not requiring committee action.

Contact: Richard Butler, 1100 West 49th
Street, Austin, Texas 78756, (512) 458-7706.

Filed: August 27, 1991, 4:08 p.m.

TRD-9110473


Friday, September 13,
1991, 10 a.m. The Advisory Council
on Massage Therapy of the Texas Department of Health will meet
at 4200 North Lamar Boulevard, Conference Room, Second Floor,
Austin. According to the complete agenda, the council will discuss
and possibly act on draft curriculum covering internship portion
of the massage therapy basic course of instruction required by
House Bill 240, 72nd Legislature, Regular Session, 1991; newly-submitted
examination questions; and redistribution of exam questions based
on revised examination blueprint.

Contact: Becky Berryhill, 1100 West 49th
Street, Austin, Texas 78756-3183, (512) 459-2950.

Filed: August 27, 1991, 4:08 p.m.

TRD-9110472

   
   


State Board of Insurance


Thursday, August 29,
1991, 1:30 p.m. The State Board
of Insurance met at the William P. Hobby Building, 333 Guadalupe
Street, Room 100, Austin. According to the complete emergency
revised agenda, the board reconsidered proposal for decision
in the matter of a request by Standard Fruit and Vegetable Company,
Inc., for review on rating and calculation of rates for workers'
compensation insurance. The emergency status was necessary for
protection of public welfare to ensure prompt resolution of a
contested matter that was inadvertently removed from the board's
agenda based on insufficient information.

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

Filed: August 28, 1991, 1:25 p.m.

TRD-9110543


Wednesday, September 4,
1991, 8:30 a.m. The State Board
of Insurance will meet at the William P. Hobby Building, 333
Guadalupe Street, Room 100, Austin. According to the agenda summary,
the board will review and discuss pending board orders on several
different subject matters; personnel; litigation; commissioner's
orders; solvency matters; consider amendments pertaining to employee
leasing firms; consider advisory committee for agent license
qualifying exams; consider cost benefit analysis of NAIC services;
briefing from commissioner on the following: various rates and
forms pertaining to property insurance pursuant to House Bill
2; Article 5.15, as amended by House Bill 2; Article 5.13-2,
as enacted by House Bill 2.

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

Filed: August 27, 1991, 3:09 p.m.

TRD-9110461

   
   


Texas Board of Irrigators


Tuesday, September 10,
1991, 9:30 a.m. The Texas Board
of Irrigators will meet at the Princeton Building, 14651 Dallas
Parkway, Suite 700, Dallas. According to the complete agenda,
the board will consider approval of the minutes of June 5, 1991
meeting; members will discuss recent legislation affecting the
Texas Board of Irrigators, board policies/procedures, and determine
what changes in procedures are necessary; and review of the board's
new appropriation and development of an annual budget will be
considered.

Contact: Joyce Watson, 1700 North Congress
Avenue, #647, Austin, Texas 78701, (512) 463-7990.

Filed: August 28, 1991, 1:55 p.m.

TRD-9110545

   
   


Lamar University System


Thursday, August 29,
1991, 10:30 a.m. The Personnel
Committee of the Board of Regents of Lamar University System
met at the John Gray Institute, Map Room, 855 Florida Street,
Beaumont. According to the emergency revised agenda summary,
the committee will consider appointment of consulting firm to
assist in search process for president for Lamar-Beaumont. The
emergency status was due to critical personnel issue that could
not be delayed until next regularly scheduled meeting of Board
of Regents.

Contact: George McLaughlin, P.O. Box 11900,
Beaumont, Texas 77710, (409) 880-2304.

Filed: August 28, 1991, 2:40 p.m.

TRD-9110552


Thursday, August 29,
1991, 1 p.m. The Board of Regents
of Lamar University System will meet at the John Gray Institute,
Map Room, 855 Florida Street, Beaumont. According to the emergency
revised agenda summary, the board considered recommendations
of personnel committee; and considered appointment of consulting
firm to assist in search process for president Lamar-Beaumont.
The emergency status was due to critical personnel issue that
could not be delayed until next regularly scheduled meeting of
Board of Regents.

Contact: George McLaughlin, P.O. Box 11900,
Beaumont, Texas 77710, (409) 880-2304.

Filed: August 28, 1991, 2:41 p.m.

TRD-9110553

   
   


Texas Commission on
Law Enforcement


Tuesday, September 10,
1991, 1:30 p.m. The Texas Commission
on Law Enforcement Standards and Education will meet at the Doubletree
Hotel, 6505 North IH-35, Austin. According to the agenda summary,
the commission will call the meeting to order; recognition of
visitors and discuss purpose of meeting; discussion of administrative
law and liability conference; discussion of application for academy
license of Del Rio Police Department; acceptance of written and
oral comments regarding sec.415.0345, GC and 20-hour civil
process requirement for constables; Law Enforcement Management
Institute report; Peace Officers' Memorial Committee report;
Emergency Communications Certification Program Committee report;
update on status of remote test system, test project being conducted
by Dr. Stenning; exam analysis-Wharton County Junior College;
discussion of delegating authority to executive director to sign
orders adopting commission rules in final form; report on legislation
and adjourn.

Contact: Johanna McCully-Bonner, 1033 LaPosada,
Suite 175, Austin, Texas 78752, (512) 450-0188.

Filed: August 28, 1991, 8:34 a.m.

TRD-9110480


Tuesday, September 10,
1991, 1:30 p.m. The Texas Commission
on Law Enforcement Standards and Education will meet at the Doubletree
Hotel, 6505 North IH-35, Austin. According to the complete agenda,
the commission will call the meeting to order; election of chairman,
vice chairman, and secretary, (if appointment of new commissioner(s)
is/are made); and adjourn.

Contact: Johanna McCully-Bonner, 1033 LaPosada,
Suite 175, Austin, Texas 78752, (512) 450-0188.

Filed: August 28, 1991, 8:34 a.m.

TRD-9110479


Wednesday, September 11,
1991, 9 a.m. The Texas Commission
on Law Enforcement Standards and Education will meet at the Doubletree
Hotel, 6505 North IH-35, Austin. According to the agenda summary,
the commission will call the meeting to order; recognize visitors;
election of officers; approval of minutes of June 5, 1991 meeting;
administrative law and liability conference; reschedule December
quarterly meeting; academy license of Del Rio Police Department;
report on denial of petition to amend sec.211.104 (TCLEOSE
rules); take action on resolution delegating authority to executive
director to sign orders adopting commission rules in final form;
waiver report; staff activities; consider license actions in
revocations, suspensions and voluntary surrenders of licenses;
meet in executive session as provided under authority of Article
6252-17, sec.2(e), Vernon's Annotated Civil Statutes, Open
Meeting Act; reconvene following executive session; and adjourn.

Contact: Johanna McCully-Bonner, 1033 LaPosada,
Suite 175, Austin, Texas 78752, (512) 450-0188.

Filed: August 28, 1991, 8:34 a.m.

TRD-9110481

   
   


Texas Department of
Mental Health and Mental
Retardation


Tuesday, September 3,
1991, 10:30 a.m. The Business and
Asset Management Committee of the Texas Department of Mental
Health and Mental Retardation will hold an emergency meeting
at the TXMHMR Central Office, 909 West 45th Street, Auditorium,
Austin. According to the complete agenda, the board will consider
FY 1992 budget; and hear citizens comments. If deaf interpreters
are required, notify TDMHMR (512) 323-3255, Ernest Fuentes, 72
hours prior to the meeting. The emergency status is necessary
as appropriations bill was passed by the legislature. The board
must approve the operating budget in order to give the department
authority to spend money to provide services to citizens of Texas.

Contact: Dennis R. Jones, 909 West 45th
Street, Austin, Texas 78756, (512) 465-4506.

Filed: August 27, 1991, 2:11 p.m.

TRD-9110458

   
   


State Pension Review
Board


Tuesday, September 10,
1991, 10:30 a.m. The State Pension
Review Board will meet at the Employees Retirement System Building,
18th and Brazos Streets, Auditorium, First Floor, Austin. According
to the complete agenda, the board will call the meeting to order;
take roll call; reading and adoption of minutes of previous meeting;
hear executive director's report; discussion and action on: FY
1992-1993 budget; PRB policy statement; requests for actuarial
proposals; guidelines from Russell-Zisler report; announcements
and invitation for audience participation; announce date of next
meeting; and adjourn.

Contact: Lynda Baker, P.O. Box 13498, Austin,
Texas 78711, (512) 463-1736.

Filed: August 28, 1991, 9:12 a.m.

TRD-9110496

   
   


Public Utility Commission
of Texas


Wednesday, August 28,
1991, 10:30 a.m. The Public Utility
Commission of Texas held an emergency meeting at 7800 Shoal Creek
Boulevard, Suite 450N, Austin. According to the agenda summary,
the commission considered Project Number 10471-application of
Brazos Electric Power Cooperative, Inc. for authority to refund
an over-recovery of fuel cost revenues. The emergency status
was necessary to allow fuel refunds to be made during the month
of September.

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

Filed: August 27, 1991, 4:37 p.m.

TRD-9110475


Wednesday, August 28,
1991, 11 a.m. The Public Utility
Commission of Texas held an emergency meeting at 7800 Shoal Creek
Boulevard, Suite 450N, Austin. According to the complete agenda,
the commission extended the time for ruling on the following
appeals: Docket Number 10382-Southwestern Bell Telephone Company
statement of intent to change and restructure the rates for certain
optional custom calling service (CCS) features for residence
customers-appeal of Examiner's Order Number 11 and Docket Number
10381-Southwestern Bell Telephone Company statement of intent
to change and restructure the rates and Directory Assistance
(DA)-appeal of Examiner's Order Number 15. The emergency status
was necessary to preserve jurisdiction over the subject matter
of the appeals.

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

Filed: August 28, 1991, 8:29 a.m.

TRD-9110478


Wednesday, September 4,
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: 10382, 10381, 6106 and 7205,
9963, P10471, 10137, 10320, and P10103.

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

Filed: August 27, 1991, 3:16 p.m.

TRD-9110465


Thursday, September 5,
1991, 10 a.m. The Hearings Division
of the Public Utility Commission of Texas will meet at 7800 Shoal
Creek Boulevard, Suite 450N, Austin. According to the complete
agenda, the division will hold a prehearing conference in Docket
Number 10223-application of North Texas Telephone Company to
implement new tariff.

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

Filed: August 27, 1991, 3:16 p.m.

TRD-9110464


Tuesday, September 17,
1991, 2 p.m. The Hearings Division
of the Public Utility Commission of Texas will meet at 7800 Shoal
Creek Boulevard, Suite 450N, Austin. According to the complete
agenda, the division will hold a prehearing conference in Docket
Number 10531-joint application of Central Power and Light Company
and Houston Light and Power Company for approval of a lease of
14.2 miles of 345kV line in Wharton County.

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

Filed: August 27, 1991, 3:16 p.m.

TRD-9110463

   
   


Texas Public Investment
Fund


Wednesday, September 4,
1991, 10 a.m. The Texas Public
Investment Fund will meet at Terminal 3E, Gate 33, Dallas-Fort
Worth Airport. According to the complete agenda, the board will
call the meeting to order; review and discuss amendments to the
interlocal agreement; selection of administrator; and adjourn.

Contact: Russ Edwards, P.O. Box 201657,
Austin, Texas 78720, (512) 331-9739.

Filed: August 27, 1991, 1:43 p.m.

TRD-9110455

   
   


State Securities Board


Tuesday, September 10,
1991, 10 a.m. (rescheduled
from August 29, 1991).
The Securities Commissioner of the State Securities Board will
meet at 1800 San Jacinto Street, Austin. According to the agenda
summary, the board will hold a hearing to determine whether the
application of Synergy Financial, Inc. to be registered as a
securities dealer should be granted or denied; whether the application
of George W. Hannah II as the designated officer of Synergy Financial,
Inc. should be granted or denied and whether a cease and desist
order should be issued.

Contact: John Morgan, 1800 San Jacinto Street,
Austin, Texas 78701, (512) 474-2233.

Filed: August 28, 1991, 4:30 p.m.

TRD-9110591

   
   


Texas State Technical
Institute


Friday, August 30, 1991,
10 a.m. The Board of Regents of Texas State
Technical Institute met at the TSTI-System Building, via teleconference
call, Waco. According to the emergency revised agenda summary,
the board approved TSTI Amarillo report on financial condition
and campus plan. The emergency status was necessary as the new
appropriations bill severely impacted budget planning process
at TSTI-Amarillo and it was necessary for the board to approve
actions necessary to deal with reduced funding.

Contact: Sandra J. Krumnow, 3801 Campus
Drive, Waco, Texas 76705, (817) 867-4890.

Filed: August 28, 1991, 10:50 a.m.

TRD-9110538

   
   


Texas Turnpike Authority


Friday, September 6,
1991, 1:30 p.m. The Project Committee
of the Texas Turnpike Authority will meet at the Texas Turnpike
Authority Administration Building, 3015 Raleigh Street, Dallas.
According to the agenda summary, the committee will consider
briefing on Project Task Force efforts; briefing on Laredo Area
Toll Road Corporations; discussion of Dallas Regional efforts
to identify prospective turnpike projects; briefing on Addison
Airport Tunnel status; review of brief by general counsel regarding
TTA/SDHPT joint projects; discussion regarding future efforts
of committee on state-wide basis; and adjourn.

Contact: Harry Kabler, P.O. Box 190369,
Dallas, Texas 75219, (214) 522-6200.

Filed: August 29, 1991, 9:56 a.m.

TRD-9110601

   
   


The University of Texas
at Austin


Thursday, August 29,
1991, 1 p.m. The Intercollegiate
Athletics Council for Men of the The University of Texas at Austin
held an emergency meeting at the Alumni Center (Nowotny Room),
21st and San Jacinto Streets, Austin. According to the agenda
summary, the council recognized new council members; may have
approved minutes of March 6, 1991; met in executive session to
discuss schedules and schedule changes; awards; academics; budget
and budget items; new business; tickets and ticket policy; construction;
development; and old business. The emergency status was necessary
as financial and budgetary information was only recently available
required this posting on an emergency basis.

Contact: Betty Corley, P.O. Box 7399, Austin,
Texas 78713, (512) 471-5757.

Filed: August 27, 1991, 2:05 p.m.

TRD-9110453

   
   


Texas Water Commission


Friday, September 6,
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 28, 1991, 4:23 p.m.

TRD-9110586


Friday, September 30,
1991, 10 a.m. The Texas Water Commission
will meet at the Stephen F. Austin Building, 1700 North Congress
Avenue, Room 1030, Austin. According to the agenda summary, the
commission will consider an application by SWIG Water Supply
Corporation for a water certificate of convenience and necessity
to allow it to provide water utility service in Travis County.
The proposed service area includes portions of Panorama Ranch
and Barton Springs Subdivisions and is located approximately
9.6 miles northwest of downtown Austin and approximately 4.3
miles northeast of downtown Bee Cave. Docket Number 9100-C.

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

Filed: August 28, 1991, 4:24 p.m.

TRD-9110590


Wednesday, October 23,
1991, 3 p.m. The Texas Water Commission
will meet at the Stephen F. Austin Building, 1700 North Congress
Avenue, Room 118, Austin. According to the agenda summary, the
commission will consider an application by Joe B. Kercheville,
Application Number 18-2051A, to amend certificate of adjudication
Number 18-2051 to authorize diversion of water from either bank
of Joshua Creek and perimeter of a reservoir on the creek from
anywhere on applicant's 360.7 acre tract; increase amount of
water authorized for diversion per annum from 2 acre-feet per
annum to 262 acre-feet per annum; increase amount of land irrigated
per annum from 1 acre to 130 acres and to change area within
which irrigation is authorized from the now authorized 258. 313
acre tract to a 360.7 acre tract; and increase maximum diversion
rate from 0. 3 cfs (133 gpm) to 2.2 cfs (1000 gpm). Diversion
would be from Joshua Creek, tributary of the Guadalupe River,
Guadalupe River Basin, Kendall County, approximately 10 miles
north-northwest of Boerne.

Contact: Terry Slade, P.O. Box 13087, Austin,
Texas 78711, (512) 371-6386.

Filed: August 28, 1991, 4:23 p.m.

TRD-9110587


Wednesday, October 23,
1991, 3 p.m. The Texas Water Commission
will meet at the Stephen F. Austin Building, 1700 North Congress
Avenue, Room 118, Austin. According to the agenda summary, the
commission will consider Application Number 02-5188A for an amendment
to Certificate of Adjudication Number 02-5188 by the United States
Department of the Interior, Fish and Wildlife Service. The applicant
seeks to amend Certificate Number 02-5188 to delete or extend
the expiration date for maintaining Stewart Dike in Randall County,
approximately 10.5 miles southwest of Canyon, on Tierra Blanca
Creek, tributary of Prairie Dog Town Fork Red River, tributary
of the Red River, Red River Basin.

Contact: Terry Slade, P.O. Box 13087, Austin,
Texas 78711, (512) 371-6386.

Filed: August 28, 1991, 4:24 p.m.

TRD-9110588


Wednesday, October 30,
1991, 3 p.m. The Texas Water Commission
will meet at the Stephen F. Austin Building, 1700 North Congress
Avenue, Room 118, Austin. According to the agenda summary, the
commission will hold a hearing on Application Number 5228A to
amend Water Use Permit Number 5228 submitted by applicant Richard
B. Hamm. The applicant seeks to divert an additional 775 acre-feet
of water per annum; increase number of acres of land to be irrigated
from 18 to 800 acres; authorize diversion point on the Neches
River; include an existing, exempt dam and 87 acre-foot reservoir
(South Lake); authorize an additional diversion of water from
existing exempt dam and reservoir on Kickapoo Branch (North Lake)
included in original permit, the Neches River, South Lake and
two off-channel reservoirs, one existing (East Lake) and one
proposed (Middle Lake), Neches River Basin, Anderson County.

Contact: Rick Airey, P.O. Box 13087, Austin,
Texas 78711, (512) 371-6384.

Filed: August 28, 1991, 4:24 p.m.

TRD-9110589

   
   


Texas Youth Commission


Tuesday, September 10,
1991, 10 a.m. The Board of the
Texas Youth Commission will meet at 4900 North Lamar Boulevard,
Room 2301, Austin. According to the agenda summary, the board
will give an update on the State Auditor's Management Audit;
report on the employee grievance system; review of activities
of the 72nd Legislature, first and second called sessions; approval
of the fiscal year 1992 operating budget; approval of the fiscal
year 1992 fund transfers; approval of appropriations riders;
and hunting lease for the Parrie Haynes Ranch.

Contact: Ron Jackson, P.O. Box 4260, Austin,
Texas 78765, (512) 483-5000.

Filed: August 28, 1991, 10:56 a.m.

TRD-9110539

   
   


Regional Meetings


Meetings Filed August 27, 1991


The Bexar Appraisal
District Board of Directors held an emergency meeting
at 535 South Main Street, San Antonio, August 29, 1991, at noon.
The emergency status was necessary as this was the only time
a quorum could meet. Information may be obtained from Mrs. B.
Houston, 535 South Main Street, San Antonio, Texas 78204, (512)
224-8511. TRD-9110466.


The Bosque, Erath, Hill,
Johnson, and Somervell County Education
District #21 will meet at the Glen Rose Middle School Cafeteria,
812 College Street, Glen Rose, September 3, 1991, at 7:30 p.m.
Information may be obtained from George B. Gilbert, 726 North
Clinton, Stephenville, Texas 76401, (817) 968-7995. TRD-9110452.


The Liberty County Central
Appraisal District Board of Directors will
meet at 315 Main Street, Liberty, September 4, 1991, at 9:30
a.m. (rescheduled from August 28, 1991). Information may be obtained
from Sherry Greak, P.O. Box 10016, Liberty, Texas 77575, (409)
336-5722. TRD-9110462.


The Middle Rio Grande
Development Council Board of Directors met
at the Las Moras Restaurant, Fort Clark Springs, Highway 90 West,
Bracketville, August 28, 1991, at 1 p.m. The emergency revised
agenda was needed to make correction on Uvalde County's PIC representative,
to show post secondary education representative instead of education
and training representative. Information may be obtained from
Michael Patterson, P.O. Box 1199, Carrizo Springs, Texas 78834,
(512) 876-3533. TRD-9110459.


The Tarrant Appraisal
District Appraisal Review Board will meet at 2309 Gravel
Road, Fort Worth, September 3-5, 10-11, 19, 1991, at 8:30 a.m.
Information may be obtained from Suzanne Williams, 2309 Gravel
Road, Fort Worth, Texas 76118, (817) 284-8884. TRD-9110445.


The Wise County Education
District will meet at the Administration Building,
2107 15th Street, Bridgeport, September 5, 1991, at 7 p.m. Information
may be obtained from Freddie Dempsey, 206 South State Street,
Decatur, Texas 76234, (817) 627-3081. TRD-9110456.

   
   


Meetings Filed August 28, 1991


The Coryell County Appraisal
District Board of Directors will meet at the Coryell
County Appraisal District Office, 113 North Seventh Street, Gatesville,
September 5, 1991, at 6 p.m. Information may be obtained from
Darrell Lisenbe, P.O. Box 142, Gatesville, Texas 76528, (817)
865-6593. TRD-9110550.


The Coryell County Appraisal
District Board of Directors will meet at the Coryell
County Appraisal District Office, 113 North Seventh Street, Gatesville,
September 5, 1991, at 7 p.m. Information may be obtained from
Darrell Lisenbe, P.O. Box 142, Gatesville, Texas 76528, (817)
865-6593. TRD-9110548.


The Dawson County Central
Appraisal District Board of Directors will
meet at 920 North Dallas Avenue, Lamesa, September 4, 1991, at
7 a.m. Information may be obtained from Tom Anderson, P.O. Box
797, Lamesa, Texas 79331, (806) 872-7060. TRD-9110546.


The East Texas Council
of Governments JTPA Board of Directors will
meet at the Ramada Inn, Highway 259, Kilgore, September 5, 1991,
at 11:30 a.m. Information may be obtained from Glynn Knight,
3800 Stone Road, Kilgore, Texas 75662, (903) 984-8641. TRD-9110486.


The Lavaca County Central
Appraisal District Board of Directors will
meet at the Lavaca County Central Appraisal District, 113 North
Main Street, Hallettsville, Texas 77964, (512) 798-4396. TRD-9110547.


The San Antonio-Bexar
County Metropolitan Planning Organization
Steering Committee will meet at the San Antonio City Hall Basement
Conference Room, San Antonio, September 9, 1991, at 1:30 p.m.(rescheduled
from August 26, 1991). Information may be obtained from Charlotte
Roszelle, 434 South Main Street, Suite 205, San Antonio, Texas
78204, (512) 227-8651. TRD-9110482.


The Scurry County Appraisal
District Board of Directors will meet at 2612 College
Avenue, Snyder, September 3, 1991, at 8 a.m. Information may
be obtained from L. R. Peveler, 2612 College Avenue, Snyder,
Texas 79549, (915) 573-8549. TRD-9110549.


The Texas Rural Communities,
Inc. Board of Directors will meet at 314 Highland Mall
Boulevard, Austin, September 5, 1991, at 9 a.m. Information may
be obtained from Leland Beatty, 314 Highland Mall Boulevard,
Austin, Texas 78752, (512) 458-1016. TRD-9110542.

   
   

ISSUE OFSeptember 3, 1991" 
In Addition

The Texas Register is required
by statute to publish certain documents, including applications
to purchase control of state banks, notices of rate ceilings,
changes in interest rate and applications to install remote service
units, and consultant proposal requests and awards.

To aid agencies in communicating information quickly and effectively,
other information of general interest to the public is published
as space allows.



Texas Air Control Board


Extension of Deadline for Written Comments


In the July 26, 1991, issue of the Texas
Register (16 TexReg
4093), the Texas Air
Control Board (TACB) published
a notice of public hearing
on proposed rule amendments
to be held on August
22, 1991. The purpose
of the public hearing
was to receive testimony
on proposed revisions to
TACB General Rules and
Regulations VI and X.
The deadline of August
23, 1991, for written
comments has been extended
to August 28, 1991. All
comments at the hearing
as well as written comments
received by 4 p.m. on
August 28, 1991, in the
TACB central office in
Austin will be considered
by the board prior to
any final decision on
the proposed changes.

Copies of the proposed revisions are available at the central
office of the TACB located at 12124 Park 35 Circle, Austin, Texas
78753, and at all regional offices. For further information,
call Dwayne Meckler at (512) 908-1487.


Issued in Austin, Texas, on August 26, 1991.

TRD-91100433

Lane Hartsock

Director Planning and Development Program

Texas Air Control Board

Filed: August 27, 1991

For further information, please call: (512) 908-1770

   
   


Texas Department of Aviation


Consultant Proposal Requests


The following consultant proposal request for providing professional
engineering services is filed under the provisions of Texas Civil
Statutes, Article 6252-11c.

The Texas Department of Aviation will solicit and receive
proposals for professional engineering services for the design
and construction administration phases at Perryton Ochiltree
County Airport, TDA Project Number 93/12-4-1, for improving runway,
taxiways, and aprons; improving drainage; and constructing associated
appurtenances including grading, drainage structures, marking
and striping, and taxiway reflectors.

Those interested consulting engineers should submit four copies
of brief proposals consisting of the minimum number of pages
sufficient to provide necessary information to: Texas Department
of Aviation, Attention: John Greer, TDA Project Number 93/12-4-1,
(mailing address)-P.O.
Box 12607, Austin, Texas
78711, (512) 476-9262; (
delivery address)-Anson Jones
State Building, 410 East
Fifth Street, Austin, Texas
78701.

Proposals must be received by 5 p.m., September 26, 1991.

Procedures for award will be in accordance with FAA Advisory
Circular AC 150/5100-14B.

The estimated project cost is $1,750,000.

The City of Perryton and the County of Ochiltree reserve the
right to reject any or all proposals received and to conduct
new consulting engineer selection procedures for future projects.

The proposal shall include: firm name, address, phone number,
and person to contact regarding the proposal; proposed project
management structure identifying key personnel and subconsultants
(if any); qualifications and recent experience of the firm, key
personnel, and subconsultants relative to the performance of
similar services for FAA or TDA (TAC) projects; proposed project
schedule, including major tasks and target completion dates;
technical approach-a brief discussion of the tasks or steps
to accomplish the project; list of in-state references including
the name, address, and phone number of the person most closely
associated with the firm's prior project performance; statement
regarding an Affirmative Action Program; for projects with an
estimated cost of $250,000 or more, plans to utilize Disadvantaged
Business Enterprises (DBEs) in contracting, subcontracting, and
procurement efforts associated with this project including: the
names and addresses of DBE firms that will participate in the
contract; a description of the work each named DBE firm will
perform; and percentage of the contract amount to be contracted
by each named DBE; certification that all franchise taxes are
paid or that consultant is not subject to franchise taxes.

Proposals will be reviewed by a consultant selection committee
in order to identify from three to five consultants who will
be interviewed by the committee. The final consultant selection
will be made following completion of interviews.


Issued in Austin, Texas, on August 26, 1991.

TRD-9110513

Lydia Scarborough

Director, Support and Services

Texas Department of Aviation

Filed: August 28, 1991

For further information, please call: (512) 476-9262

   
   


The following consultant proposal request for providing professional
engineering services is filed under the provisions of Texas Civil
Statutes, Article 6252-11c.

The Texas Department of Aviation will solicit and receive
proposals for professional engineering services for the design
and construction administration phases at the Knox City Municipal
Airport and Quanah Municipal Airport, TDA Project Numbers 92/37-4-3
and 92/38/2-3. At the Knox City Municipal Airport, improve the
paved surfaces and associated appurtenances; and at the Quanah
Municipal Airport, improve the runway, taxiways and apron, and
associated appurtenances; and install fencing.

Those interested consulting engineers should submit four copies
of brief proposals consisting of the minimum numbers of pages
sufficient to provide necessary information to: Texas Department
of Aviation, Attention: Ed Oshinski/Ronnie Moore, TDA Project
Number 92/37-4-3 and 92/38-2-3, (mailing address
)-P.O. Box 12607, Austin,
Texas 78711, (512) 476-9262;
(delivery address)-Anson
Jones State Building, 410
East Fifth Street, Austin,
Texas 78701.

Proposals must be received by 5 p.m., October 9, 1991.

Procedures for award will be in accordance with FAA Advisory
Circular AC 150/5100-14B.

The estimated project cost is $40,000 at Knox City Municipal
Airport.

The estimated project cost is $69,600 at Quanah Municipal
Airport.

The City of Knox City and the City of Quanah reserve the right
to reject any or all proposals received and to conduct new consulting
engineer selection procedures for future projects.

The proposal shall include: firm name, address, phone number,
and person to contact regarding the proposal; proposed project
management structure identifying key personnel and subconsultants
(if any); qualifications and recent experience of the firm, key
personnel, and subconsultants relative to the performance of
similar services for FAA or TDA (TAC) projects; proposed project
schedule, including major tasks and target completion dates;
technical approach-a brief discussion of the tasks or steps
to accomplish the project; list of in-state references including
the name, address, and phone number of the person most closely
associated with the firm's prior project performance; statement
regarding an Affirmative Action Program; certification that all
franchise taxes are paid or that consultant is not subject to
franchise taxes.

Proposals will be reviewed by a consultant selection committee
in order to identify from three to five consultants who will
be interviewed by the committee. The final consultant selection
will be made following completion of interviews.


Issued in Austin, Texas, on August 26, 1991.

TRD-9110526

Lydia Scarborough

Director, Support and Services

Texas Department of Aviation

Filed: August 28, 1991

For further information, please call: (512) 476-9262

   
   


The following consultant proposal request for providing professional
engineering services is filed under the provisions of Texas Civil
Statutes, Article 6252-11c.

The Texas Department of Aviation will solicit and receive
proposals for professional engineering services for the design
and construction administration phases at the Grayson County
Airport, Sherman/Denison, Texas, TDA Project Number 93/14-1-1,
to rehabilitate taxiways and aprons, and associated appurtenances,
such as drainage; and install fencing.

Those interested consulting engineers should submit four copies
of brief proposals consisting of the minimum number of pages
sufficient to provide necessary information to: Texas Department
of Aviation, Attention: Ed Oshinski, TDA Project Number 93/14-1-1,
(mailing address)-P.O.
Box 12607, Austin, Texas
78711, (512) 476-9262; (
delivery address)-Anson Jones
State Building, 410 East
Fifth Street, Austin, Texas
78701.

Proposals must be received by 5 p.m., September 26, 1991.

Procedures for award will be in accordance with FAA Advisory
Circular AC 150/5100-14B.

The estimated project cost is $1,011,900.

The County of Grayson reserves the right to reject any or
all proposals received and to conduct new consulting engineer
selection procedures for future projects.

The proposal shall include: firm name, address, phone number,
and person to contact regarding the proposal; proposed project
management structure identifying key personnel and subconsultants
(if any); qualifications and recent experience of the firm, key
personnel, and subconsultants relative to the performance of
similar services for FAA or TDA (TAC) projects; proposed project
schedule, including major tasks and target completion dates;
technical approach-a brief discussion of the tasks or steps
to accomplish the project; list of in-state references including
the name, address, and phone number of the person most closely
associated with the firm's prior project performance; statement
regarding an Affirmative Action Program; for projects with an
estimated cost of $250,000 or more, plans to utilize Disadvantaged
Business Enterprises (DBEs) in contracting, subcontracting, and
procurement efforts associated with this project including: the
names and addresses of DBE firms that will participate in the
contract; a description of the work each named DBE firm will
perform; and percentage of the contract amount to be contracted
by each named DBE; certification that all franchise taxes are
paid or that consultant is not subject to franchise taxes.

Proposals will be reviewed by a consultant selection committee
in order to identify from three to five consultants who will
be interviewed by the committee. The final consultant selection
will be made following completion of interviews.


Issued in Austin, Texas, on August 26, 1991.

TRD-9110525

Lydia Scarborough

Director, Support and Services

Texas Department of Aviation

Filed: August 28, 1991

For further information, please call: (512) 476-9262

   
   


The following consultant proposal request for providing professional
engineering services is filed under the provisions of Texas Civil
Statutes, Article 6252-11c.

The Texas Department of Aviation will solicit and receive
proposals for professional engineering services for the design
and construction administration phases at the Commerce Municipal
Airport, TDA Project Number 93/17-5-1, to extend and improve
runway, improve taxiways and aprons; and associated appurtenances
such as grading, drainage improvements, marking, and fencing;
and replace runway lighting.

Those interested consulting engineers should submit four copies
of brief proposals consisting of the minimum number of pages
sufficient to provide necessary information to: Texas Department
of Aviation, Attention: Ed Oshinski, TDA Project Number 93/17-5-1,
(mailing address)-P.O.
Box 12607, Austin, Texas
78711, (512) 476-9262; (
delivery address)- Anson
Jones State Building, 410
East Fifth Street, Austin,
Texas 78701.

Proposals must be received by 5 p.m., September 26, 1991.

Procedures for award will be in accordance with FAA Advisory
Circular AC 150/5100-14B.

The estimated project cost is $273,900.

The City of Commerce reserves the right to reject any or all
proposals received and to conduct new consulting engineer selection
procedures for future projects.

The proposal shall include: firm name, address, phone number,
and person to contact regarding the proposal; proposed project
management structure identifying key personnel and subconsultants
(if any); qualifications and recent experience of the firm, key
personnel, and subconsultants relative to the performance of
similar services for FAA or TDA (TAC) projects; proposed project
schedule, including major tasks and target completion dates;
technical approach-a brief discussion of the tasks or steps
to accomplish the project; list of in-state references including
the name, address, and phone number of the person most closely
associated with the firm's prior project performance; statement
regarding an Affirmative Action Program; for projects with an
estimated cost of $250,000 or more, plans to utilize Disadvantaged
Business Enterprises (DBEs) in contracting, subcontracting, and
procurement efforts associated with this project including: the
names and addresses of DBE firms that will participate in the
contract; a description of the work each named DBE firm will
perform; and percentage of the contract amount to be contracted
by each named DBE; certification that all franchise taxes are
paid or that consultant is not subject to franchise taxes.

Proposals will be reviewed by a consultant selection committee
in order to identify from three to five consultants who will
be interviewed by the committee. The final consultant selection
will be made following completion of interviews.


Issued in Austin, Texas, on August 26, 1991.

TRD-9110524

Lydia Scarborough

Director, Support and Services

Texas Department of Aviation

Filed: August 28, 1991

For further information, please call: (512) 476-9262

   
   


The following consultant proposal request for providing professional
engineering services is filed under the provisions of Texas Civil
Statutes, Article 6252-11c.

The Texas Department of Aviation will solicit and receive
proposals for professional engineering services for the design
and construction administration phases at the Grandbury Municipal
Airport, TDA Project Number 93/06-6-1, to construct new airport,
including site preparation, construction of runway, taxiways,
aprons, access road, drainage improvements, fencing, lighting,
rotating beacon, and associated appurtenances.

Those interested consulting engineers should submit four copies
of brief proposals consisting of the minimum number of pages
sufficient to provide necessary information to: Texas Department
of Aviation, Attention: Ed Oshinski, TDA Project Number 93/06-6-1,
(mailing address)-P.O.
Box 12607, Austin, Texas
78711, (512) 476-9262; (
delivery address)-Anson Jones
State Building, 410 East
Fifth Street, Austin, Texas
78701.

Proposals must be received by 5 p.m., September 26, 1991.

Procedures for award will be in accordance with FAA Advisory
Circular AC 150/5100-14B.

The estimated project cost is $2,431,750.

The City of Granbury reserves the right to reject any or all
proposals received and to conduct new consulting engineer selection
procedures for future projects.

The proposal shall include: firm name, address, phone number,
and person to contact regarding the proposal; proposed project
management structure identifying key personnel and subconsultants
(if any); qualifications and recent experience of the firm, key
personnel, and subconsultants relative to the performance of
similar services for FAA or TDA (TAC) projects; proposed project
schedule, including major tasks and target completion dates;
technical approach-a brief discussion of the tasks or steps
to accomplish the project; list of in-state references including
the name, address, and phone number of the person most closely
associated with the firm's prior project performance; statement
regarding an Affirmative Action Program; for projects with an
estimated cost of $250,000 or more, plans to utilize Disadvantaged
Business Enterprises (DBEs) in contracting, subcontracting, and
procurement efforts associated with this project including: the
names and addresses of DBE firms that will participate in the
contract; a description of the work each named DBE firm will
perform; and percentage of the contract amount to be contracted
by each named DBE; certification that all franchise taxes are
paid or that consultant is not subject to franchise taxes.

Proposals will be reviewed by a consultant selection committee
in order to identify from three to five consultants who will
be interviewed by the committee. The final consultant selection
will be made following completion of interviews.


Issued in Austin, Texas, on August 26, 1991.

TRD-9110523

Lydia Scarborough

Director, Support and Services

Texas Department of Aviation

Filed: August 28, 1991

For further information, please call: (512) 476-9262

   
   


The following consultant proposal request for providing professional
engineering services is filed under the provisions of Texas Civil
Statutes, Article 6252-11c.

The Texas Department of Aviation will solicit and receive
proposals for professional engineering services for the design
and construction administration phases at Cameron Municipal Airport,
TDA Project Number 92/35-4-3, to improve runway, taxiways, and
apron; associated appurtenances, such as pavement markings, reflectors,
and drainage; and replace runway lights and beacon.

Those interested consulting engineers should submit four copies
of brief proposals consisting of the minimum number of pages
sufficient to provide necessary information to: Texas Department
of Aviation, Attention: John Wepryk, TDA Project Number 92/35-4-3,
(mailing address)-P.O.
Box 12607, Austin, Texas
78711, (512) 476-9262; (
delivery address)-Anson Jones
State Building, 410 East
Fifth Street, Austin, Texas
78701.

Proposals must be received by 5 p.m., October 9, 1991.

Procedures for award will be in accordance with FAA Advisory
Circular AC 150/5100-14B.

The total estimated project cost is approximately $117,800.

The City of Cameron reserves the right to reject any or all
proposals received and to conduct new consulting engineer selection
procedures for future projects.

The proposal shall include: firm name, address, phone number,
and person to contact regarding the proposal; proposed project
management structure identifying key personnel and subconsultants
(if any); qualifications and recent experience of the firm, key
personnel, and subconsultants relative to the performance of
similar services for FAA or TDA (TAC) projects; proposed project
schedule, including major tasks and target completion dates;
technical approach-a brief discussion of the tasks or steps
to accomplish the project; list of in-state references including
the name, address, and phone number of the person most closely
associated with the firm's prior project performance; statement
regarding an Affirmative Action Program; certification that all
franchise taxes are paid or that consultant is not subject to
franchise taxes.

Proposals will be reviewed by a consultant selection committee
in order to identify from three to five consultants who will
be interviewed by the committee. The final consultant selection
will be made following completion of interviews.


Issued in Austin, Texas, on August 26, 1991.

TRD-9110522

Lydia Scarborough

Director, Support and Services

Texas Department of Aviation

Filed: August 28, 1991

For further information, please call: (512) 476-9262

   
   


The following consultant proposal request for providing professional
engineering services is filed under the provisions of Texas Civil
Statutes, Article 6252-11c.

The Texas Department of Aviation will solicit and receive
proposals for professional engineering services for the design
and construction administration phases at Dumas Municipal Airport,
TDA Project Number 93/05-6-1, for reconstructing runway; constructing
turnaround; installing medium intensity runway lights (MIRL);
improving drainage; replacing rotating beacon; and constructing
associated appurtenances including grading, drainage, structures,
marking and striping, and electrical systems.

Those interested consulting engineers should submit four copies
of brief proposals consisting of the minimum number of pages
sufficient to provide necessary information to: Texas Department
of Aviation, Attention: John Greer TDA Project Number 93/05-6-1,
(mailing address)-P.O.
Box 12607, Austin, Texas
78711, (512) 476-9262; (
delivery address)- Anson
Jones State Building, 410
East Fifth Street, Austin,
Texas 78701.

Proposals must be received by 5 p.m., September 26, 1991.

Procedures for award will be in accordance with FAA Advisory
Circular AC 150/5100-14B.

The estimated project cost is $491,000.

The City of Dumas and the County of Moore reserve the right
to reject any or all proposals received and to conduct new consulting
engineer selection procedures for future projects.

The proposal shall include: firm name, address, phone number,
and person to contact regarding the proposal; proposed project
management structure identifying key personnel and subconsultants
(if any); qualifications and recent experience of the firm, key
personnel, and subconsultants relative to the performance of
similar services for FAA or TDA (TAC) projects; proposed project
schedule, including major tasks and target completion dates;
technical approach-a brief discussion of the tasks or steps
to accomplish the project; list of in-state references including
the name, address, and phone number of the person most closely
associated with the firm's prior project performance; statement
regarding an Affirmative Action Program; for projects with an
estimated cost of $250,000 or more, plans to utilize Disadvantaged
Business Enterprises (DBEs) in contracting, subcontracting, and
procurement efforts associated with this project including: the
names and addresses of DBE firms that will participate in the
contract; a description of the work each named DBE firm will
perform; and percentage of the contract amount to be contracted
by each named DBE; certification that all franchise taxes are
paid or that consultant is not subject to franchise taxes.

Proposals will be reviewed by a consultant selection committee
in order to identify from three to five consultants who will
be interviewed by the committee. The final consultant selection
will be made following completion of interviews.


Issued in Austin, Texas, on August 26, 1991.

TRD-9110512

Lydia Scarborough

Director, Support and Services

Texas Department of Aviation

Filed: August 28, 1991

For further information, please call: (512) 476-9262

   
   


The following consultant proposal request for providing professional
engineering services is filed under the provisions of Texas Civil
Statutes, Article 6252-11c.

The Texas Department of Aviation will solicit and receive
proposals for professional engineering services for the design
and construction administration phases at Kate Craddock Field,
TDA Project Number 93/03-5-1, to construct/reconstruct/rehabilitate
runway, taxiways, and aprons and associated appurtenances; and
install fencing.

Those interested consulting engineers should submit four copies
of brief proposals consisting of the minimum number of pages
sufficient to provide necessary information to: Texas Department
of Aviation, Attention: Alan Schmidt, TDA Project Number 93/03-5-1,
(mailing address)-P.O.
Box 12607, Austin, Texas
78711, (512) 476-9262; (
delivery address)- Anson
Jones State Building, 410
East Fifth Street, Austin,
Texas 78701.

Proposals must be received by 5 p.m., September 26, 1991.

Procedures for award will be in accordance with FAA Advisory
Circular AC 150/5100-14B.

The total estimated project cost is approximately $413,800.

The City of Burnet reserves the right to reject any or all
proposals received and to conduct new consulting engineering
selection procedures for future projects.

The proposal shall include: firm name, address, phone number,
and person to contact regarding the proposal; proposed project
management structure identifying key personnel and subconsultants
(if any); qualifications and recent experience of the firm, key
personnel, and subconsultants relative to the performance of
similar services for FAA or TDA (TAC) projects; proposed project
schedule, including major tasks and target completion dates;
technical approach-a brief discussion of the tasks or steps
to accomplish the project; list of in-state references including
the name, address, and phone number of the person most closely
associated with the firm's prior project performance; statement
regarding an Affirmative Action Program; for projects with an
estimated cost of $250,000 or more, plans to utilize Disadvantaged
Business Enterprises (DBEs) in contracting, subcontracting, and
procurement efforts associated with this project including: the
names and addresses of DBE firms that will participate in the
contract; a description of the work each named DBE firm will
perform; and percentage of the contract amount to be contracted
by each named DBE; certification that all franchise taxes are
paid or that consultant is not subject to franchise taxes.

Proposals will be reviewed by a consultant selection committee
in order to identify from three to five consultants who will
be interviewed by the committee. The final consultant selection
will be made following completion of interviews.


Issued in Austin, Texas, on August 26, 1991.

TRD-9110511

Lydia Scarborough

Director, Support and Services

Texas Department of Aviation

Filed: August 28, 1991

For further information, please call: (512) 476-9262

   
   


The following consultant proposal request for providing professional
engineering services is filed under the provisions of Texas Civil
Statutes, Article 6252-11c.

The Texas Department of Aviation will solicit and receive
proposals for professional engineering services for the design
and construction administration phases at Center Municipal Airport,
TDA Project Number 93/04-4-1, to construct taxiway and expand
apron; improve existing runway, taxiway, and apron; reconstruct
hangar taxiways; clear runway protection zone; and associated
appurtenance such as markings, reflectors, fencing, and drainage.

Those interested consulting engineers should submit four copies
of brief proposals consisting of the minimum number of pages
sufficient to provide necessary information to: Texas Department
of Aviation, Attention: John Wepryk, TDA Project Number 93/04-4-1,
(mailing address)-P.O.
Box 12607, Austin, Texas
78711, (512) 476-9262; (
delivery address)- Anson
Jones State Building, 410
East Fifth Street, Austin,
Texas 78701.

Proposals must be received by 5 p.m., September 26, 1991.

Procedures for award will be in accordance with FAA Advisory
Circular AC 150/5100-14B.

The total estimated project cost is approximately $1,048,100.

The City of Center reserves the right to reject any or all
proposals received and to conduct new consulting engineering
selection procedures for future projects.

The proposal shall include: firm name, address, phone number,
and person to contact regarding the proposal; proposed project
management structure identifying key personnel and subconsultants
(if any); qualifications and recent experience of the firm, key
personnel, and subconsultants relative to the performance of
similar services for FAA or TDA (TAC) projects; proposed project
schedule, including major tasks and target completion dates;
technical approach-a brief discussion of the tasks or steps
to accomplish the project; list of in-state references including
the name, address, and phone number of the person most closely
associated with the firm's prior project performance; statement
regarding an Affirmative Action Program; for projects with an
estimated cost of $250,000 or more, plans to utilize Disadvantaged
Business Enterprises (DBEs) in contracting, subcontracting, and
procurement efforts associated with this project including: the
names and addresses of DBE firms that will participate in the
contract; a description of the work each named DBE firm will
perform; and percentage of the contract amount to be contracted
by each named DBE; certification that all franchise taxes are
paid or that consultant is not subject to franchise taxes.

Proposals will be reviewed by a consultant selection committee
in order to identify from three to five consultants who will
be interviewed by the committee. The final consultant selection
will be made following completion of interviews.


Issued in Austin, Texas, on August 26, 1991.

TRD-9110521

Lydia Scarborough

Director, Support and Services

Texas Department of Aviation

Filed: August 28, 1991

For further information, please call: (512) 476-9262

   
   


The following consultant proposal request for providing professional
engineering services is filed under the provisions of Texas Civil
Statutes, Article 6252-11c.

The Texas Department of Aviation will solicit and receive
proposals for professional engineering services for the design
and construction administration phases at Brownsville/South Padre
Island International Airport, TDA Project Number 93/02-3-1, to
improve taxiway pavements; reconstruct apron; install and improve
drainage; install taxiway lights, fencing, and wind cone; and
associated appurtenances such as markings, reflectors, and drainage.

Those interested consulting engineers should submit four copies
of brief proposals consisting of the minimum number of pages
sufficient to provide necessary information to: Texas Department
of Aviation, Attention: John Wepryk, TDA Project Number 93/02-3-1,
(mailing address)-P.O.
Box 12607, Austin, Texas
78711, (512) 476-9262; (
delivery address)- Anson
Jones State Building, 410
East Fifth Street, Austin,
Texas 78701.

Proposals must be received by 5 p.m., September 26, 1991.

Procedures for award will be in accordance with FAA Advisory
Circular AC 150/5100-14B.

The total estimated project cost is approximately $1,027,100.

The City of Brownsville reserves the right to reject any or
all proposals received and to conduct new consulting engineering
selection procedures for future projects.

The proposal shall include: firm name, address, phone number,
and person to contact regarding the proposal; proposed project
management structure identifying key personnel and subconsultants
(if any); qualifications and recent experience of the firm, key
personnel, and subconsultants relative to the performance of
similar services for FAA or TDA (TAC) projects; proposed project
schedule, including major tasks and target completion dates;
technical approach-a brief discussion of the tasks or steps
to accomplish the project; list of in-state references including
the name, address, and phone number of the person most closely
associated with the firm's prior project performance; statement
regarding an Affirmative Action Program; for projects with an
estimated cost of $250,000 or more, plans to utilize Disadvantaged
Business Enterprises (DBEs) in contracting, subcontracting, and
procurement efforts associated with this project including: the
names and addresses of DBE firms that will participate in the
contract; a description of the work each named DBE firm will
perform; and percentage of the contract amount to be contracted
by each named DBE; certification that all franchise taxes are
paid or that consultant is not subject to franchise taxes.

Proposals will be reviewed by a consultant selection committee
in order to identify from three to five consultants who will
be interviewed by the committee. The final consultant selection
will be made following completion of interviews.


Issued in Austin, Texas, on August 26, 1991.

TRD-9110520

Lydia Scarborough

Director, Support and Services

Texas Department of Aviation

Filed: August 28, 1991

For further information, please call: (512) 476-9262

   
   


The following consultant proposal request for providing professional
engineering services is filed under the provisions of Texas Civil
Statutes, Article 6252-11c.

The Texas Department of Aviation will solicit and receive
proposals for professional engineering services for the design
and construction administration phases at A. L. Mangham Jr. Regional
Airport, TDA Project Number 93/10-3-1, to construct taxiway and
road; improve Runway 15/33, taxiway and apron pavements; and
associated appurtenances such as marking, reflectors, fencing,
and drainage.

Those interested consulting engineers should submit four copies
of brief proposals consisting of the minimum number of pages
sufficient to provide necessary information to: Texas Department
of Aviation, Attention: John Wepryk, TDA Project Number 93/10-3-1,
TDA Project Number 93/10-3-1, (mailing address
)-P.O. Box 12607, Austin,
Texas 78711, (512) 476-9262;
(delivery address)-Anson
Jones State Building, 410
East Fifth Street, Austin,
Texas 78701.

Proposals must be received by 5 p.m., September 26, 1991.

Procedures for award will be in accordance with FAA Advisory
Circular AC 150/5100-14B.

The total estimated project cost is approximately $488,500.

The City of Nacogdoches reserves the right to reject any or
all proposals received and to conduct new consulting engineering
selection procedures for future projects.

The proposal shall include: firm name, address, phone number,
and person to contact regarding the proposal; proposed project
management structure identifying key personnel and subconsultants
(if any); qualifications and recent experience of the firm, key
personnel, and subconsultants relative to the performance of
similar services for FAA or TDA (TAC) projects; proposed project
schedule, including major tasks and target completion dates;
technical approach-a brief discussion of the tasks or steps
to accomplish the project; list of in-state references including
the name, address, and phone number of the person most closely
associated with the firm's prior project performance; statement
regarding an Affirmative Action Program; for projects with an
estimated cost of $250,000 or more, plans to utilize Disadvantaged
Business Enterprises (DBEs) in contracting, subcontracting, and
procurement efforts associated with this project including: the
names and addresses of DBE firms that will participate in the
contract; a description of the work each named DBE firm will
perform; and percentage of the contract amount to be contracted
by each named DBE; certification that all franchise taxes are
paid or that consultant is not subject to franchise taxes.

Proposals will be reviewed by a consultant selection committee
in order to identify from three to five consultants who will
be interviewed by the committee. The final consultant selection
will be made following completion of interviews.


Issued in Austin, Texas, on August 26, 1991.

TRD-9110519

Lydia Scarborough

Director, Support and Services

Texas Department of Aviation

Filed: August 28, 1991

For further information, please call: (512) 476-9262

   
   


The following consultant proposal request for providing professional
engineering services is filed under the provisions of Texas Civil
Statutes, Article 6252-11c.

The Texas Department of Aviation will solicit and receive
proposals for professional engineering services for the design
and construction administration phases at the Palestine Municipal
Airport, TDA Project Number 93/11-2-1, to extend runway and taxiways,
construct apron and taxiways, improve taxiways, install runway
lighting, construct drainage improvements and associated appurtenances;
and perform an environmental assessment.

Those interested consulting engineers should submit four copies
of brief proposals consisting of the minimum number of pages
sufficient to provide necessary information to: Texas Department
of Aviation, Attention: Ed Oshinski/Ronnie Moore, TDA Project
Number 93/11-2-1, (mailing address
) -P.O. Box 12607,
Austin, Texas 78711, (512)
476-9262; (delivery address)-
Anson Jones State Building, 410 East Fifth Street, Austin, Texas
78701.

Proposals must be received by 5 p.m., September 26, 1991.

Procedures for award will be in accordance with FAA Advisory
Circular AC 150/5100-14B.

The total estimated project cost is approximately $894,600.

The City of Palestine reserves the right to reject any or
all proposals received and to conduct new consulting engineering
selection procedures for future projects.

The proposal shall include: firm name, address, phone number,
and person to contact regarding the proposal; proposed project
management structure identifying key personnel and subconsultants
(if any); qualifications and recent experience of the firm, key
personnel, and subconsultants relative to the performance of
similar services for FAA or TDA (TAC) projects; proposed project
schedule, including major tasks and target completion dates;
technical approach-a brief discussion of the tasks or steps
to accomplish the project; list of in-state references including
the name, address, and phone number of the person most closely
associated with the firm's prior project performance; statement
regarding an Affirmative Action Program; for projects with an
estimated cost of $250,000 or more, plans to utilize Disadvantaged
Business Enterprises (DBEs) in contracting, subcontracting, and
procurement efforts associated with this project including: the
names and addresses of DBE firms that will participate in the
contract; a description of the work each named DBE firm will
perform; and percentage of the contract amount to be contracted
by each named DBE; certification that all franchise taxes are
paid or that consultant is not subject to franchise taxes.

Proposals will be reviewed by a consultant selection committee
in order to identify from three to five consultants who will
be interviewed by the committee. The final consultant selection
will be made following completion of interviews.


Issued in Austin, Texas, on August 26, 1991.

TRD-9110527

Lydia Scarborough

Director, Support and Services

Texas Department of Aviation

Filed: August 28, 1991

For further information, please call: (512) 476-9262

   
   


The following consultant proposal request for providing professional
engineering services is filed under the provisions of Texas Civil
Statutes, Article 6252-11c.

The Texas Department of Aviation will solicit and receive
proposals for professional engineering services for the design
and construction administration phases at the Cherokee County
Airport, Jacksonville, TDA Project Number 93/07-3-1, to improve
paved areas, construct taxiways and drainage improvements, install
lighting, and associated appurtenances.

Those interested consulting engineers should submit four copies
of brief proposals consisting of the minimum number of pages
sufficient to provide necessary information to: Texas Department
of Aviation, Attention: Ed Oshinski/Ronnie Moore, TDA Project
Number 93/07-3-1, (mailing address
) -P.O. Box 12607,
Austin, Texas 78711, (512)
476-9262; (delivery address)-
Anson Jones State Building,
410 East Fifth Street,
Austin, Texas 78701.

Proposals must be received by 5 p.m., September 26, 1991.

Procedures for award will be in accordance with FAA Advisory
Circular AC 150/5100-14B.

The total estimated project cost is approximately $294,700.

The County of Cherokee reserves the right to reject any or
all proposals received and to conduct new consulting engineering
selection procedures for future projects.

The proposal shall include: firm name, address, phone number,
and person to contact regarding the proposal; proposed project
management structure identifying key personnel and subconsultants
(if any); qualifications and recent experience of the firm, key
personnel, and subconsultants relative to the performance of
similar services for FAA or TDA (TAC) projects; proposed project
schedule, including major tasks and target completion dates;
technical approach-a brief discussion of the tasks or steps
to accomplish the project; list of in-state references including
the name, address, and phone number of the person most closely
associated with the firm's prior project performance; statement
regarding an Affirmative Action Program; for projects with an
estimated cost of $250,000 or more, plans to utilize Disadvantaged
Business Enterprises (DBEs) in contracting, subcontracting, and
procurement efforts associated with this project including: the
names and addresses of DBE firms that will participate in the
contract; a description of the work each named DBE firm will
perform; and percentage of the contract amount to be contracted
by each named DBE; certification that all franchise taxes are
paid or that consultant is not subject to franchise taxes.

Proposals will be reviewed by a consultant selection committee
in order to identify from three to five consultants who will
be interviewed by the committee. The final consultant selection
will be made following completion of interviews.


Issued in Austin, Texas, on August 26, 1991.

TRD-9110528

Lydia Scarborough

Director, Support and Services

Texas Department of Aviation

Filed: August 28, 1991

For further information, please call: (512) 476-9262

   
   


The following consultant proposal request for providing professional
engineering services is filed under the provisions of Texas Civil
Statutes, Article 6252-11c.

The Texas Department of Aviation will solicit and receive
proposals for professional engineering services for the design
and construction administration phases at Garner Field, Uvalde,
TDA Project Number 93/16-4-1, to reconstruct/rehabilitate runway,
taxiways, and apron; install reflectors; replace fencing; replace
lighted windcone; construct/rehabilitate associated airport appurtenances.

Those interested consulting engineers should submit four copies
of brief proposals consisting of the minimum number of pages
sufficient to provide necessary information to: Texas Department
of Aviation, Attention: Alan Schmidt/Ronnie Moore, TDA Project
Number 93/16-4-1, (mailing address
)-P. O. Box 12607,
Austin, Texas 78711, (512)
476-9262; (delivery address)-
Anson Jones State Building,
410 East Fifth Street,
Austin, Texas 78701.

Proposals must be received by 5 p.m., September 26, 1991.

Procedures for award will be in accordance with FAA Advisory
Circular AC 150/5100-14B.

The total estimated project cost is approximately $265,200.

The City of Uvalde reserves the right to reject any or all
proposals received and to conduct new consulting engineering
selection procedures for future projects.

The proposal shall include: firm name, address, phone number,
and person to contact regarding the proposal; proposed project
management structure identifying key personnel and subconsultants
(if any); qualifications and recent experience of the firm, key
personnel, and subconsultants relative to the performance of
similar services for FAA or TDA (TAC) projects; proposed project
schedule, including major tasks and target completion dates;
technical approach-a brief discussion of the tasks or steps
to accomplish the project; list of in-state references including
the name, address, and phone number of the person most closely
associated with the firm's prior project performance; statement
regarding an Affirmative Action Program; certification that all
franchise taxes are paid or that consultant is not subject to
franchise taxes.

Proposals will be reviewed by a consultant selection committee
in order to identify from three to five consultants who will
be interviewed by the committee. The final consultant selection
will be made following completion of interviews.


Issued in Austin, Texas, on August 26, 1991.

TRD-9110509

Lydia Scarborough

Director, Support and Services

Texas Department of Aviation

Filed: August 28, 1991

For further information, please call: (512) 476-9262

   
   


The following consultant proposal request for providing professional
engineering services is filed under the provisions of Texas Civil
Statutes, Article 6252-11c.

The Texas Department of Aviation will solicit and receive
proposals for professional engineering services for the design
and construction administration phases at the Jackson County
Airport, Edna, TDA Project Number 92/36-5-3, to construct taxiway;
reconstruct apron; rehabilitate apron and taxiway; install fencing,
reflectors, signs; construct/rehabilitate associated airport
appurtenances.

Those interested consulting engineers should submit four copies
of brief proposals consisting of the minimum number of pages
sufficient to provide necessary information to: Texas Department
of Aviation, Attention: Alan Schmidt/Ronnie Moore, TDA Project
Number 92/36-5-1, (mailing address
)-P. O. Box 12607,
Austin, Texas 78711, (512)
476-9262; (delivery address)-
Anson Jones State Building,
410 East Fifth Street,
Austin, Texas 78701.

Proposals must be received by 5 p.m., October 9, 1991.

Procedures for award will be in accordance with FAA Advisory
Circular AC 150/5100-14B.

The total estimated project cost is approximately $200,900.

The County of Jackson reserves the right to reject any or
all proposals received and to conduct new consulting engineering
selection procedures for future projects.

The proposal shall include: firm name, address, phone number,
and person to contact regarding the proposal; proposed project
management structure identifying key personnel and subconsultants
(if any); qualifications and recent experience of the firm, key
personnel, and subconsultants relative to the performance of
similar services for FAA or TDA (TAC) projects; proposed project
schedule, including major tasks and target completion dates;
technical approach-a brief discussion of the tasks or steps
to accomplish the project; list of in-state references including
the name, address, and phone number of the person most closely
associated with the firm's prior project performance; statement
regarding an Affirmative Action Program; certification that all
franchise taxes are paid or that consultant is not subject to
franchise taxes.

Proposals will be reviewed by a consultant selection committee
in order to identify from three to five consultants who will
be interviewed by the committee. The final consultant selection
will be made following completion of interviews.


Issued in Austin, Texas, on August 26, 1991.

TRD-9110510

Lydia Scarborough

Director, Support and Services

Texas Department of Aviation

Filed: August 28, 1991

For further information, please call: (512) 476-9262

   
   


The following consultant proposal request for providing professional
engineering services is filed under the provisions of Texas Civil
Statutes, Article 6252-11c.

The Texas Department of Aviation will solicit and receive
proposals for professional engineering services for the design
and construction administration phases at Houston County Airport,
Crockett, TDA Project Number 93/18-5-1, to reconstruct and expand
apron; construct access road and taxiways; improve turnaround;
relocate powerline; replace rotating beacon; install fencing;
and associated appurtenances such as drainage, reflectors, and
signage.

Those interested consulting engineers should submit four copies
of brief proposals consisting of the minimum number