ISSUE OF September 17, 1991" Volume 16, Number 69, September 17, 1991 Pages 5105-5150 Emergency Sections Texas Department of Licensing and Regulation 5115-Property Tax Consultants Proposed Sections Railroad Commission of Texas 5117-Transportation Division 5117-Surface Mining and Reclamation Division Texas Department of Licensing and Regulation 5128-Property Tax Consultants Board of Tax Professional Examiners 5128-Ethical Conduct Texas Workers' Compensation Commission 5130-Adjustment of Temporary Income Benefits Withdrawn Sections Railroad Commission of Texas 5133-Transportation Division State Property Tax Board 5133-Truth in Taxation Requirements Adopted Sections Railroad Commission of Texas 5135-Liquefied Petroleum Gas Division 5136-Surface Mining and Reclamation Division Board of Vocational Nurse Examiners 5137-Administration 5137-Education 5137-Licensing Texas Department of Human Services 5138-Medically Needy Program 5138-Income Assistance Services Open Meetings 5139-Texas Commission on Alcohol and Drug Abuse 5139-Texas Commission for the Blind 5139-Texas Bond Review Board 5139-Texas Department of Commerce 5139-Texas Board of Criminal Justice 5139-Texas Commission for the Deaf and Hearing Impaired 5140-Texas Education Agency 5140-Texas High-Speed Rail Authority 5140-Texas Higher Education Coordinating Board 5140- Texas Department of Housing and Community Affairs 5140-Texas Department of Human Services 5140-Texas Department of Insurance 5140-Texas Commission on Jail Standards 5141-Texas State Board of Medical Examiners 5141-Texas Motor Vehicle Commission 5141-Public Utility Commission of Texas 5142-Texas National Research Laboratory Commission 5142-Texas County and District Retirement System 5142-School Land Board 5142-Texas State Soil and Water Conservation Board 5142-Texas Southern University 5143-Texas State Technical College 5143-University of Houston 5143-University of Texas System, M. D. Anderson Cancer Center 5143-Texas Water Commission 5144-Texas Water Development Board 5144-Texas Water Resources Finance Authority 5144-Regional Meetings In Addition Texas State Board of Public Accountancy 5147-Consultant Proposal Request Office of the State Auditor 5147-Consultant Proposal Request State Banking Board 5148-Notice of Hearing Cancellation Texas Department of Commerce 5148-Request for Proposal Texas Department of Health 5148-Notice of Intent to Revoke Certificates of Registration 5149-Notice of Preliminary Report for Assessment of Administrative Penalteis and Notice of Violation Texas Department of Transportation 5149-Notice of Contract Award Texas Water Commission 5149-Meeting Notice 5149-Notice of Application for Waste Disposal Permit CONTENTS CONTINUED INSIDE ISSUE OF September 17, 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 Part V. State Purchasing and General Services Commission 1 TAC sec.113.6, sec.113.10--4913 1 TAC sec.113.10--4939, 4939 1 TAC sec.113.34--4913 Part XIII. Texas Incentive and Productivity Commission 1 TAC sec.sec.273.1, 273.3, 273.9--5023 1 TAC sec.sec.273.1, 273.3, 273.9, 273.15--4835 1 TAC sec.sec.275.1, 275.6, 275.13, 275.17--5023 1 TAC sec.sec.275.1, 275.3, 275.5, 275.7, 275.9, 275.13, 275.15, 275.17, 275.19, 275.21--4939 1 TAC sec.289.1--4940 1 TAC sec.sec.291.1, 291.3, 291.5--4940 1 TAC sec.sec.293.1, 293.3, 293.5--4940 1 TAC sec.295.1--4940 1 TAC sec.sec.297.1, 297.3, 297.5--4940 TITLE 7. BANKING AND SECURITIES Part VI. Credit Union Department 7 TAC sec.91.402--4914, 4937 TITLE 10. COMMUNITY DEVELOPMENT Part V. Texas Department of Commerce 10 TAC sec.178.10 sec.178.13--4914, 4887 10 TAC sec.178.19--4914, 4889 TITLE 13. CULTURAL RESOURCES Part I. Texas State Library and Archives Commission 13 TAC sec.sec.7.121-7.127--5024 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas 16 TAC sec.5.32--5117, 5133 16 TAC sec.sec.9.3, 9.15, 9.24--5135 16 TAC sec.9.4--5135 16 TAC sec.9.33--5136 16 TAC sec.9.501--5136 16 TAC sec.11.201--5136 16 TAC sec.sec.11.1001-11.1005, 11.1021, 11.1022, 11.1031-11.1045, 11.1061-11.1066, 11.1081--5117 Part II. Public Utility Commission of Texas 16 TAC sec.21.24--4915 16 TAC sec.23.23--4916 16 TAC sec.23.53--4919 Part III. Texas Alcoholic Beverage Commission 16 TAC sec.55.545--4891 16 TAC sec.sec.55.541-55.550, 55.552-55.555, 55.557, 55.558, 55.560-55.562, 55.564--4941 16 TAC sec.55.547--4892 16 TAC sec.55.550--4892 16 TAC sec.55.555--4893 Part IV. Texas Department of Licensing and Regulation 16 TAC sec.66.1, sec.66.2--5115, 5128 16 TAC sec.sec.68.1, 68.10, 68.62, 68.80--5005, 5029 16 TAC sec.69.38--5029 16 TAC sec.69.125--5029 16 TAC sec.69.186--5030 16 TAC sec.69.208--5030 16 TAC sec.70.70, sec.70.100--5031 Part VIII. Texas Racing Commission 16 TAC sec.301.1--5005, 5067, 5032 16 TAC sec.305.5--5006, 5032 16 TAC sec.305.7--5006, 5032 16 TAC sec.305.10--5006, 5032 16 TAC sec.305.11--5007, 5033 16 TAC sec.305.33--5007, 5033 16 TAC sec.305.37--5067 16 TAC sec.305.62--5007, 5033 16 TAC sec.305.64--5008, 5033 16 TAC sec.305.84--5008, 5034 16 TAC sec.305.90--5034 16 TAC sec.305.125--5010, 5034 16 TAC sec.305.145--5010, 5035 16 TAC sec.305.181--5010, 5035 16 TAC sec.305.221--5011, 5035 16 TAC sec.305.264--5035 16 TAC sec.309.15--5067 16 TAC sec.309.303--5067 16 TAC sec.309.355--5068 16 TAC sec.311.7--5011, 5036 16 TAC sec.313.107--5068 16 TAC sec.313.408--5068 16 TAC sec.319.3--5011, 5036 16 TAC sec.319.10--5011, 5036 16 TAC sec.319.11--5012, 5037 16 TAC sec.319.304--5012, 5037 16 TAC sec.319.305--5012, 5037 16 TAC sec.319.306--5012, 5037 16 TAC sec.319.332--5013, 5069, 5038 16 TAC sec.319.333--5013, 5038 16 TAC sec.319.334--5013, 5038 16 TAC sec.319.335--5013, 5038 16 TAC sec.321.72--5014, 5039 16 TAC sec.321.111--5069 16 TAC sec.321.118--5014, 5039 16 TAC sec.321.201-321.208--5040 16 TAC sec.321.251-321.257--5040 TITLE 19. EDUCATION Part I. Texas Higher Education Coordinating Board 19 TAC sec.5.264--5069 19 TAC sec.9.77--5043 19 TAC sec.12.22--5043 19 TAC sec.13.2--5043 19 TAC sec.21.3--5044 19 TAC sec.21.53--5044 19 TAC sec.21.901--5045 19 TAC sec.sec.21.931-21.939--5045 TITLE 22. EXAMINING BOARDS Part III. Texas Board of Chiropractic Examiners 22 TAC sec.sec.71.1, 71.7-71.9--5069 22 TAC sec.71.10--5046 22 TAC sec.75.1, sec.75.6--5047 22 TAC sec.73.1, 73.2--5070 22 TAC sec.sec.75.2-75.4--5047 22 TAC sec.75.5--5070 22 TAC sec.75.7--5047 22 TAC sec.76.1--5048 22 TAC sec.77.3--5048 22 TAC sec.77.5--5049 22 TAC sec.80.1--5049 22 TAC sec.sec.80.4-80.9--5049 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 VI. State Board of Registration for Professional Engineers 22 TAC sec.131.134--4893 Part VIII. Texas Appraiser Licensing and Certification Board 22 TAC sec.sec.151.1-151.30--5015 22 TAC sec.sec.153.1, 153.3, 153.5, 153.7, 153.9, 153.11, 153.13, 153.15, 153.17, 153.21, 153.23--5017 22 TAC sec.155.1--5022 Part XII. Board of Vocational Nurse Examiners 22 TAC sec.231.25, 231.48--5137 22 TAC sec.231.68--5137 22 TAC sec.233.41--5137 22 TAC sec.235.9, sec.235.18--5137 22 TAC sec.235.41--5137 Part XIII. Texas Board of Licensure for Nursing Home Administrator 22 TAC sec.247.2--5070 Part XV. State Board of Pharmacy 22 TAC sec.281.9--5070 22 TAC sec.291.6--4920 22 TAC sec.sec.291.32-291.34--5051 22 TAC sec.291.53--5071 22 TAC sec.291.73, sec.291.76--5052 22 TAC sec.sec.291.75-291.76--5071 22 TAC sec.291.91 sec.291.93--5052 22 TAC sec.291.93--5071 22 TAC sec.295.5--4921 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 XXII. Texas State Board of Public Accountancy 22 TAC sec.503.1--5022, 5065, 5053 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 XXVII. Board of Tax Professional Examiners 22 TAC sec.sec.628.1-628.7--5128 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.97.16--4894 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.157.2--4922 25 TAC sec.157.45--4953, 4894 25 TAC sec.sec.157.121-157.129--4923 25 TAC sec.sec.229.251-229.254--4776 25 TAC sec.325.5--4894 25 TAC sec.325.93--4927, 4895 25 TAC sec.sec.325.561, 325.563, 325.567, 325.568--4778, 4823 25 TAC sec.sec.325.1101-325.1109--4928, 4895 Part II. Texas Department of Mental Health and Mental Retardation 25 TAC sec.401.51--5065 Part XI. Texas Cancer Council 25 TAC sec.701.1-701.7--4954 25 TAC sec.sec.701.1-701.9--4954 25 TAC sec.sec.702.1-702.4--4954 25 TAC sec.sec.703.1-703.4--4954 25 TAC sec.sec.703.1-703.14--4955 TITLE 28. INSURANCE Part I. State Board of Insurance 28 TAC sec.5.204--4896 28 TAC sec.5.6302--5054 28 TAC sec.7.36--4928 28 TAC sec.7.60--4842 28 TAC sec.9.401--4823 Part II. Texas Workers' Compensation Commission 28 TAC sec.110.106--5055 28 TAC sec.124.7--5071 28 TAC sec.129.4--5130 28 TAC sec.134.201--4929 28 TAC sec.sec.170.1-170.3--4843 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Department 31 TAC sec.sec.57.371-57.376--4901 31 TAC sec.57.374, sec.57.375--4903 31 TAC sec.sec.65.352, 65.354, 65.358, 65.359, 65.361 --5072 Part III. Texas Air Control Board 31 TAC sec.101.24--4955 31 TAC sec.114.11--4956 31 TAC sec.116.11--4956 Part IX. Texas Water Commission 31 TAC sec.335.112--5055 31 TAC sec.335.152--5056 31 TAC sec.sec.335.321-335.332--4780 31 TAC sec.sec.335.325-335.333--4795 Part X. Texas Water Development Board 31 TAC sec.sec.377.1-377.5--5057 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts 34 TAC sec.sec.3.175--4957 34 TAC sec.3.282--4844 34 TAC sec.3.285--4957 34 TAC sec.3.297--4930 34 TAC sec.3.338--5057 34 TAC sec.3.407--4932 34 TAC sec.3.681--4795 34 TAC sec.3.682--4795 34 TAC sec.3.693--4932 Part VII. State Property Tax Board 34 TAC sec.153.1, 153.2--5022 34 TAC sec.153.2--5133 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part VIII. Commission on Fire Protection Personnel Standards and Education 37 TAC sec.233.9--5072 37 TAC sec.sec.233.31, 233.33--4824 37 TAC sec.sec.233.31, 233.33, 233.35, 233.37, 233.39, 233.41, 233.43, 233.45--4824 37 TAC sec.233.91--4960 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.233.113--5074, 5059 37 TAC sec.233.131--5074 37 TAC sec.239.7, sec.239.9--5074 37 TAC sec.241.3--5060 37 TAC sec.241.1, 241.3, 241.5, 241.7, 241.9, 241.11, 241.13, 241.15, 241.17--5074 37 TAC sec.sec.243.1, 243.3, 243.5, 243.7--4960 37 TAC sec.243.5, sec.243.7--4933 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.247.1--5075 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.sec.2.1008. 2.1010, 2.1012, 2.1016--5138 40 TAC sec.3.902--5138 40 TAC sec.7.101--5076 40 TAC sec.7.208 --5076 40 TAC sec.10.3458--4960 40 TAC sec.19.604--4960 40 TAC sec.27.415--4961 40 TAC sec.29.609--4829 40 TAC sec.29.1001--5076 40 TAC sec.29.2502--5076 40 TAC sec.33.13--4934, 4904 40 TAC sec.33.122--4934, 4904 40 TAC sec.33.124--4934, 4904 40 TAC sec.sec.33.306, 33.318, 33.320--4934, 4904 40 TAC sec.sec.49.316, 49.317, 49.320, 49.324--5061 40 TAC sec.49.326--5062 Part V. Veterans Land Board 40 TAC sec.175.17--4934, 4905 40 TAC sec.177.8, sec.177.9--4934 TITLE 43. TRANSPORTATION Part I. State Department of Highways and Public Transportation 43 TAC sec.sec.9.20-9.22--4905 43 TAC sec.17.69--4906 43 TAC sec.21.149--4907 43 TAC sec.21.150--4908 Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 16. ECONOMIC REGULATION Part IV. Texas Department of Licensing and Regulation Chapter 66. Property Tax Consultants 16 TAC sec.66.1, sec.66.62 The Texas Department of Licensing and Regulation adopts on an emergency basis new sec.66.1 and sec.66.62, concerning property tax consultants. These new rules are adopted on an emergency basis because of the passage of Senate Bill 733/House Bill 1481 which became effective September 1, 1991. The new sections are adopted on an emergency basis under Texas Civil Statutes, Article 8886 and 9100, which provide the commission of the Texas Department of Licensing and Regulation with the authority for appointing members of the Property Tax Consultants Advisory Council. After the Property Tax Consultants Advisory Council members have been appointed, the advisory council will make recommendations to the commission and commissioner pertaining to additional rules to be proposed or adopted. sec.66.1. Authority. The rules in this chapter are promulgated under the Property Tax Consultants Act, Texas Civil Statutes, Article 8886, and the Texas Department of Licensing and Regulation Act, Texas Civil Statutes, Article 9100. sec.66.62. Property Tax Consultants Advisory Council. (a) The commission shall appoint a six-member Property Tax Consultant Advisory Council containing not more than two members who are qualified for exemptions under Texas Civil Statutes, Article 8886, sec.2(d)(3). (b) The availability of a position on the advisory council shall be advertised in one or more professional journals and notices of a vacancy shall be sent to trade associations expressing an interest in being so notified. (c) In making initial appointments, the commission shall designate two members for terms expiring February 1, 1993, two members for terms expiring February 1, 1994, and two members for terms expiring February 1, 1995. (d) A person desiring an appointment to the advisory council shall file a biographical data sheet with the executive director of the department on a form provided by the department for that purpose. (1) All applicants must check the following blocks on the form: (A) are you a property tax consultant as that term is defined under the statute or rules; (B) are you a member of a nonprofit, voluntary trade association that: (i) the basic membership is made up of individuals who execute property tax consulting services in this state or who engage in property tax management in this state for other persons; (ii) qualification for membership is written requirements of experience and examination; and (iii) adheres to a standard of professional conduct or ethics; (C) have you been a resident of this state for at least five years preceding the date of the appointment; and (D) have you performed or supervised as a principal profession for the execution of property tax consulting services as a primary occupation continuously for the five years preceding the date of the appointment; (E) are you required under the Government Code, Chapter 305, to register with the secretary of state; (F) and also are you required to register with the Board of Tax Professional Examiners under Article 8885, Revised Statutes? (2) All applicants must disclose on the data sheet whether or not they are exempt from the registration requirements imposed by this article or rules. (e) The biographical data sheet must be signed by the applicant. (f) An applicant will be interviewed by the commission or his or her designee. (g) Pursuant to the Texas Open Meetings Act, sec.2(g), Texas Civil Statutes, Article 6252-17, each application will be considered and discussed by the commission in executive session and voted on by the commission in an open meeting unless the applicant expressly requests that his or her application be considered and discussed in a public meeting only. (h) All applicants not selected by the commission will be so notified in writing. (i) Successful applicants who fail to qualify as registered senior property tax consultants by February 1, 1995, shall be removed from the board. Issued in Austin, Texas, on September 10, 1991. TRD-9111209 Larry E. Kosta Executive Director Texas Department of Licensing and Regulation Effective date: September 11, 1991 Expiration date: January 9, 1992 For further information, please call: (512) 463-3127 Proposed Sections Before an agency may permanently adopt a new or amended section, or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before any action may be taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive sections, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 5. Transportation Division Subchapter B. Operating Certificates, Permits, and Licenses 16 TAC sec.5.32 The Railroad Commission of Texas proposed an amendment to sec.5.32, concerning the transportation of bulk lime and bulk salt. The amendment would allow a specialized motor carrier with a certificate authorizing the transportation of dry bulk commodities, restricted to the use of hopper equipment, to transport those commodities in a bottom-dump, side-dump, and pneumatically-unloaded hopper trailer. The amendment is proposed to provide the public with the option of having dry bulk commodities, which are transported in hopper equipment, unloaded by use of gravity or by air pressure. Jackye Greenlee, assistant director-central operations, 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. Susan German, hearings examiner 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 increased flexibility to the public for unloading dry bulk commodities. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Susan German, Hearings Examiner, Legal Division, Railroad Commission of Texas, P.O. Drawer 12967, Austin, Texas 78711. Comments will be accepted for 30 days after publication in the Texas Register. The amendment is proposed under the Texas Motor Carrier Act, Texas Civil Statutes, Article 911b, which authorizes the Railroad Commission of Texas to regulate motor carriers in all matters. sec.5.32. Specialized Motor Carriers of Dry Bulk Commodities [Bulk Lime and Bulk Salt]. (a) All specialized motor carrier certificates which authorize the transportation of bulk lime or bulk salt include the authority to transport said commodities in pneumatic trailer equipment. (b) All specialized motor carrier certificates which authorize the transportation of dry bulk commodities in a hopper or hopper trailer shall include bottom-dump, side-dump, and pneumatically-unloaded hopper trailers. 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 September 9, 1991. TRD-9111212 Martha V. Swanger Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Earliest possible date of adoption: October 18, 1991 For further information, please call: (512) 463-7095 Chapter 11. Surface Mining and Reclamation Division Subchapter E. Quarry and Pit Safety 16 TAC sec.sec.11.1001-11.1005, 11.1021, 11.1022, 11.1031-11.1045, 11.1061-11.1066, 11.1081 The Railroad Commission of Texas proposes new sec.sec.11.1001-11.1005, 11.1021, 11.1022, 11.1031-11.1045, 11.1061-11.1066, and 11.1081 concerning quarry and pit safety regulations. The proposed regulations provide requirements consistent with the Texas Aggregate Quarry and Pit Safety Act for the identification, certification, and construction necessary to regulate public access to certain aggregate quarries and pits. Ron Reeves, assistant director, Legal Division-Surface Mining, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Reeves 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 efficient and timely processing of applications resulting in quarries and pits which receive safety certificates. There will be no effect on small businesses because the regulations present no obligations not presently required by the Texas Aggregate Quarry and Pit Safety Act. Applications forms are furnished by the commission. The anticipated economic cost to persons who are required to comply with the sections as proposed will be one because the forms are furnished by the commission and the requirements are authorized by the Texas Aggregate Quarry and Pit Safety Act. Comments on the proposal may be submitted to Ron Reeves, Assistant Director, Legal Division-Surface Mining, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967. The new sections are proposed under Texas Natural Resources Code sec.133.011, which provides the Railroad Commission of Texas with the authority to adopt rules and regulations consistent with the Texas Aggregate Quarry and Pit Safety Pit. sec.11.1001. Purpose and Scope. (a) Purpose. These rules provide requirements consistent with the Texas Aggregate Quarry and Pit Safety Act for the identification, certification, and construction necessary to regulate public access to certain aggregate quarries and pits. (b) Scope. These rules shall not be construed to modify or limit the commission's jurisdiction or rulemaking authority. These rules apply to all active, inactive, or abandoned quarries and pits located in whole or part within the boundaries of Texas. sec.11.1002. Adoption by Reference. The Railroad Commission of Texas incorporates by reference the general rules of practice and procedure of the Railroad Commission of Texas for use before its Surface Mining and Reclamation Division. sec.11.1003. Special Rules. (a) Special rules may be adopted to address unique requirements for this subchapter which cannot be accommodated by the general rules of practice and procedure. When a special rule is in conflict with the general rules of practice and procedure, the special rule shall control. (b) The commission may delegate the responsibility for the review and approval of applications to the director. sec.11.1004. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Abandoned-Having relinquished all right, title, claim, and possession with the intent of never again claiming a future right or title or resuming possession. Act-The Texas Aggregate Quarry Pit Safety Act. Aggregates-Any commonly recognized construction material originating from a quarry or pit by the disturbance of the surface, including dirt, soil, rock asphalt, clay, granite, gravel, gypsum, marble, sand, shale, stone, caliche, limestone, dolomite, rock, riprap, or other nonmineral substance. Barrier-An object of substantial construction that will obstruct, restrain, and prevent the normal passage of persons or vehicular traffic and may include guardrails, fences, or berms or barricades composed of consolidated material or overburden. Berm-A ridge of refuse, overburden, consolidated material, or other material in a lengthened elevation designed to act as a dike or barrier, capable of moderating or limiting the force of a vehicle in order to impede the passage of the vehicle. Commission-Railroad Commission of Texas. Consolidated material -Material of sufficient hardness or ability to resist weathering and to inhibit erosion or sloughing. Division-Surface Mining and Reclamation Division, Railroad Commission of Texas, or such department, bureau or commission as may lawfully succeed to the powers and duties of such division. Director-Director, Surface Mining and Reclamation Division, Railroad Commission of Texas, or the director's representative. Federal act-Surface Mining Control and Reclamation Act of 1977 (Public Law 95-87), and any amendment thereof. Fund-Abandoned mine reclamation fund established pursuant to the federal Act, s401, and any amendment thereof. Guardrail-A system of posts and metal rails as defined by the State Department of Highways and Public Transportation. Inactive quarry or pit-A site or any portion of a site that although previously in aggregate production is not currently being quarried by any ownership, lease, joint venturer, or some other legal arrangement. In hazardous proximity to a public road-That distance beginning 200 feet from the outer right-of-way line of a public road or highway to the pit perimeter. Operator-Any person, partnership, firm, or corporation engaged in and responsible for the physical operation and control of the extraction of aggregates. Overburden-All materials displaced in an aggregate extraction operation that are not or reasonably would not be expected to be removed from the affected area. Owner-Any person, partnership, firm, or corporation having title, in whole or in part, to the land on which an aggregate operation exists or has existed. Person responsible for quarry or pit-The current operator of the quarry or pit, or the owner of the land in which the pit exists if the quarry or pit was abandoned on or before January 1, 1991 or became inactive before that date and has not resumed operations, or if no operator exists. Pit-An open excavation not less than five feet below the adjacent and natural ground level from which aggregates have been or are being extracted. Public road or right-of-way-Every way publicly maintained or any part thereof as defined by the Uniform Act Regulating Traffic on Highways, sec.13(a), (Texas Civil Statutes, Article 6701d), and the decisions thereunder. Quarry-The site where aggregates are being or have been removed or extracted from the earth to form the pit, including the entire excavation, stripped areas, haulage ramps, the land immediately adjacent thereto upon which the plant processing the raw materials is located, exclusive of any land owned or leased by the responsible party not being currently used in the production of aggregates. Quarrying-The current and ongoing surface excavation and development without shafts, drafts, or tunnels, with or without slopes, for the extraction of aggregates from natural deposits occurring in the earth. Refuse-All waste material directly connected with the production, cleaning, or preparation of aggregates that have been produced by quarrying. Responsible party -The operator, lessor, or owner of lessee as may be subject to the provisions of the Act. Ridge-A lengthened elevation of overburden created in the aggregate production process. Setback distance -Distance from the outer right-of-way line of a public road or highway up to a distance of 25 feet. Site-The tract of land on which is located a pit and includes the immediate area on which the plant used in the extraction of aggregates is located. Unacceptable unsafe location-A condition where the edge of a pit is located within 200 feet of a right-of-way intersection with a public road in a manner which, in the judgment of the commission: (A) presents a significant risk of harm to public motorists by reason of the proximity of the pit to the roadway intersection; and (B) has no naturally occurring or artificially constructed barrier or berm between the road and pit that would likely prevent a motor vehicle from accidentally entering the pit as the result of a motor vehicle collision at or near the intersection; or (C) is also at any other location constituting a substantial dangerous risk to the driving public, which condition can be rectified by the placement of berms, barriers, guardrails, or other devices as prescribed by these regulations. sec.11.1005. Form Availability. (a) Forms for the initial inventory report, for the application for a safety certificate or transfer of a safety certificate, and for the notice of cessation of operations are available at the offices of the commission. (b) Forms are also available by writing to: Director, SMRD-Pit Safety, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967. sec.11.1021. Fees. (a) Each application for a safety certificate or transfer of a safety certificate and each notice of cessation of operations shall be accompanied by a fee. The fee schedule is as follows: (1) application for a safety certificate-$500; (2) application for safety certificate transfer-$250; (3) notice of cessation of operations-$500. (b) Fees paid to the commission under this section shall be deposited in the state treasury and credited to the general revenue fund. sec.11.1022. Funds and Grant Applications. (a) The Surface Mining and Reclamation Division shall include abandoned quarries and pits in its abandoned mine land inventory and apply for any federal or state funds for the construction of barriers or reclamation of the quarries and pits. (b) Grant applications for federal funds which may be available under the Surface Mining Control and Reclamation Act of 1977 (30 United States Code 1200 et seq) shall be made in accordance with the priorities and procedures set forth in that Act and any regulations promulgated pursuant to its authority. sec.11.1031. Initial Inventory Report Requirements. (a) On or before March 1, 1992, the person responsible for an abandoned quarry or pit shall file an initial inventory report with the commission. (b) On or before March 1, 1992, the person responsible for a quarry or pit that became inactive before January 1, 1991, and did not resume operations before June 30, 1991, shall file an initial inventory report with the commission. (c) On or before October 1, 1991, the person responsible for a quarry or pit that is active on June 30, 1991, shall file an initial inventory report with the commission. sec.11.1032. Form and Content of Initial Inventory Report. (a) Each report must be on the forms furnished by the commission and must show the location, age, operational status, and current use of the quarry or pit to which the report applies. (b) Only a single report under this subchapter is required when joint owners or operators or a combination of either exists. (c) Only a single report is required for each owner or operator having multiple pit locations within the state. (d) Only one accurate report relating to each quarry or pit is required. sec.11.1033. Barriers Required. (a) A person responsible for an active pit in hazardous proximity to a public road must construct a barrier or other device between the public road adjoining the site and the pit. (b) A person responsible for an abandoned or inactive pit which is both in hazardous proximity to a public road and in an unacceptable unsafe location must construct a barrier or other device between the public road adjoining the site and the pit. (c) The responsible party may choose to slope the sidewalls of a pit in place of constructing a berm or barrier, provided that in the opinion of the responsible party such corrective measure better serves the public safety and provided that the slope shall not exceed 30 degrees from the horizontal. (d) The barrier or other device must be completed not later than the 90th day after the day on which the person responsible for the quarry or pit receives a notice of approval from the commission, although an additional time of not more than 60 days may be granted by the commission for good cause shown. sec.11.1034. Barrier Construction Standards. (a) A barrier may consist of guardrail, fence, berm, barricade or other devices, that in the opinion of the commission will prevent the normal passage of vehicular traffic from entering a quarry or pit. (b) Barriers shall be located as near as practicable to the edge of the quarry or pit section identified as being in hazardous proximity to a public road. (c) The height of a barrier must be at least twice the mid-axle height of the largest motor vehicle that usually travels the public road adjacent to the quarry or pit but in no instance may the barrier be less than 42 inches high. (d) A barrier must have openings to the extent necessary for travel on the premises and for public road drainage, although such drainage paths must be covered with protective material, substantial enough to turn away motor vehicular traffic that normally travels the adjacent public road. (e) Construction material and design standards are as follows. (1) Berms shall be constructed of consolidated material with a top width of no less than two feet and side slopes being in a ratio of two units in the horizontal direction to one unit in the vertical direction. (2) Line posts for guardrails may be either wood or metal. Wooden posts shall be treated and no less than six inches in diameter. Metal posts shall be rolled or welded steel of the specification W6x8.5 or W6x9.0, as stated in American Institute for Steel Construction specifications for W shape beams. (3) Line posts shall be no less than five foot six inches long with no less than two feet in the ground. Steel posts shall be set in concrete. The line posts shall be spaced no more than six foot three inches apart. (4) Rail elements shall be of steel construction fabricated to develop continuous beam strength and be formed into not less than 12 inches wide and three inches deep. The rail thickness shall be of no less than 12 gauge. (5) Rail elements shall be placed facing the public road. At least two rail elements shall be mounted on the vertical line posts to form the safety barrier. The bottom edge of the lower rail shall be 12 inches above the ground. The rails shall be spaced six inches apart. (6) Rail elements shall be attached to the line posts by means of nuts and bolts which completely penetrate the line posts. Nuts and bolts shall conform to the requirements of ASTM Designation A307. sec.11.1035. Prohibition Against Opening Pits. (a) From and after November 1, 1991, no person responsible may open a new pit on a site for the extraction of aggregates in this state wherein the pit perimeter will be less than 25 feet from the outer right-of-way line of any public road or highway ("the setback distance). (b) From and after November 1, 1991, no person responsible may open a new pit on a site for the extraction of aggregates in this state wherein the pit perimeter is in hazardous proximity to a public road without first filing a quarry safety plan (detailing how the applicant intends to comply with the safety provisions of these regulations in the opening and closing of the pit) and receiving a safety certificate. sec.11.036. Quarry Safety Plan. (a) The quarry safety plan required to be filed for new pits in hazardous proximity to a public road opened from and after November 1, 1991 must contain the information required by the safety certificate application, and must be filed on SMRD Form-SC1. (b) The quarry safety plan must be in writing, certified, and sworn to by the applicant and must be filed with the Surface Mining and Reclamation Division at least 60 days prior to the opening of the pit. sec.11.1037. Sloping of Pit Sidewalls. In the event the commission determines that the pit location as detailed in the quarry safety plan or other application will contain substantial soil types of such density and other factors that will have a high probability of holding or impounding water, when the pit is operating, inactive, or abandoned, wherein the impoundment of water poses a definite and determinable unreasonable risk to human health and safety, the commission may require the responsible party operating soil, dirt, gravel, sand, caliche, and clay pits to slope the sidewalls as an additional requirement to obtain a safety certificate or to alter the berm or barrier. sec.11.1038. Safety Certificate Required. (a) From and after November 1, 1991, unless a person responsible for a quarry or pit has obtained from the commission a certificate that a quarry or pit complies with this chapter and rules or orders adopted under this chapter, and subject to subsection (b) of this section, the person responsible may not: (1) open a new pit in hazardous proximity to a public road; and (2) locate a pit in an area where it is in an unacceptable unsafe location; or (3) reopen, operate, or abandon a quarry or pit that is in hazardous proximity to a public road and in an unacceptable unsafe location; and (4) provided, however, that the person responsible must have received a notice from the commission that the quarry or pit requires the operator to obtain a safety certificate, before that person is prohibited from operating or maintaining the quarry or pit without a safety certificate. (b) Any person responsible who, on November 1, 1991, is utilizing a portion of a site for quarrying operations, including the stockpiling, sale, or processing of aggregates or a combination thereof, or who has a current, valid, or outstanding agreement or legal right to develop, utilize, or quarry the property, shall be responsible for obtaining a safety certificate limited to that specific pit area he is using or excavating or intends to use or excavate. (c) Any person responsible for a quarry or pit may operate the pit during a period that is described sec.11.1044 of this title (relating to Recertification after Transfer of Title). sec.11.1039. Construction, Expansion, or Relocation of Roads. (a) If the construction, expansion, or relocation of a public road results in an existing quarry or pit coming within the purview of "unacceptable, unsafe location" or places the existing quarry or pit within the proscribed distance in the definition of "in hazardous proximity to a public road," the person or entity responsible for the construction, expansion, or relocation of the public road shall construct berms or barriers. (b) The berms or barriers shall be constructed prior to the opening of the new, expanded, or relocated public road to travel by the public. (c) The person or entity responsible for construction, expansion, or relocation of the public road shall report the same to the director within 90 days of the date the construction, expansion, or relocation is finally accomplished, including construction of the berms or barriers. (d) The report shall be in writing, certified and sworn to by the person or an authorized representative of the entity and shall contain: (1) the name, address, and telephone number of the person or entity responsible for the construction, expansion, or relocation of the public road; (2) the distance of each adjoining pit perimeter from the nearest right-of-way line of the new, expanded, or relocated public road and the nearest intersection of any public or private road or driveway; (3) a description of and a construction plan for any berm or barrier, specifying the material to be used and the expected date of completion; (4) the name, address, and telephone number of the person responsible for the quarry or pit; (5) the name, address, and telephone number of the owner or owners if different from the person responsible for the quarry or pit; and (6) any other information or condition that constitutes an unacceptable, unsafe location. sec.11.1040. Form and Content of Safety Certificate Applications. (a) Each pit for which a safety certificate is requested shall be addressed in a separate application. (b) An application for a safety certificate must be on the form furnished by the commission and contain: (1) the name, address, and telephone number of the person responsible for the quarry or pit; (2) the name, address, and telephone number of the owner or owners if different from the person responsible for the quarry or pit; (3) the type of quarrying activities, if any, occurring on the site, or proposed to occur on the site; (4) a brief description of the site, include the acreage outside and inside the pit; (5) the distance of each pit perimeter from the nearest right-of-way line of each public road that the site adjoins and the nearest intersection of any public road that the site adjoins and the nearest intersection of any public or private road or driveway; (6) the depth in feet, below the elevation of the right-of-way line, of the deepest excavation in the pit; (7) a description of and a construction plan for any barrier or other device allowed by these regulations to be constructed, specifying the material to be used and the expected date of completion; and (8) for new pits in hazardous proximity to a public road opened from and after November 1, 1991: a statement as to the yearly progress of the encroachment of the pit perimeter within the hazardous proximity to the public road, if any; (9) any other information or condition that, in the opinion of the operator or owner, constitutes an unacceptable unsafe location. sec.11.1041. Review of Applications. (a) Not later than the 10th day after the day on which an application for a safety certificate is received, the commission shall review the application and the plan and determine if each complies with the Texas Aggregate Quarry Pit Safety Act (the act), and with rules or orders adopted by the commission, and issue such findings and conclusions as may be necessary. (b) If the application and plan comply with the Act, and rules or orders adopted by the commission, the commission will approve the application and notify the applicant in writing of the commission's decision. (c) If the commission determines that an application or plan does not comply with the Act and rules or orders adopted by the commission, the commission will notify the applicant in writing of the commission's decision, specifying any defects. (d) Any notices required under subsections (b) and (c) of this section will be mailed to the applicant certified mail, postage prepaid, return receipt requested, not later than the fifth day after the day on which the commission approves or disapproves the application. (e) An applicant who receives notice of denial under subsections (c) and (d) of this section may submit, not later than the 30th day after the day on which the notice is received, a modified application or plan. (f) Not later than the fifth day after the day on which the commission receives a modified application or plan, the commission will approve or deny the modified application or plan and notify the applicant in writing of the commission's decision. (g) The commission will first review applications for sites that have been abandoned and that are within the setback distances. sec.11.1042. Inspection of Barriers and Certificate Decision. (a) Within 15 days of the time in which construction of barriers described in an approved application is required to be completed, the commission may inspect those barriers to determine whether they meet the requirements. (b) If, after inspection, the commission determines that the barriers described in an approved application conform with the plan and comply with the Texas Aggregate Quarry Pit Safety Act (the Act), and the rules or orders adopted by the commission, the commission will issue a safety certificate to the person responsible for the pit. (c) If, after inspection, the commission determines that a barrier does not comply with the Act or a rule or order adopted by the commission, the commission will give the applicant written notice of any defects in that barrier and shall specify a reasonable time, not to exceed 60 days from the day notice is received, for the applicant to cure the defects. sec.11.1043. Transfer of Certificate after Transfer of Title. (a) A person holding a safety certificate has the full right, power, and authority to transfer the certificate upon the sale, lease, or other transfer of title to the site, provided the new owner, operator, lessor or lessee, or party in interest files with the director a written affidavit that: (1) all barriers between a pit and the nearest right-of-way line of any public road comply with the Texas Aggregate Quarry Pit Safety Act, (the Act) and rules and orders adopted by the commission; and (2) there will be no change, on or after the day of the transfer of title or operation, in: (A) the condition or location of a barrier; and (B) the distance of a pit perimeter from the nearest right-of-way line of a public road or public or private intersection of a public road or driveway that adjoins the site. (b) The transfer affidavit must be filed not later than the 30th day after the day on which the transfer of title to or operation of the quarry or pit occurs. (c) The commission will process and approve a transfer of a safety certificate not later than the 10th day after the day on which the commission receives a completed transfer affidavit, including the application fee. (d) At its option, the commission may not issue or approve the transfer of a certificate to a person who has violated the Act or a rule or order adopted by the commission. (e) The hypothecating, mortgaging, or other transfer of equitable title or a pledge of any assets to credits of the operator or owner shall not require the filing of a transfer affidavit. (f) The commission may revoke or disapprove the transfer of a safety certificate only if, after notice and hearing, the commission determines that the holder of the certificate has violated the Act or a rule or order adopted by the commission. sec.11.1044. Recertification after Transfer of Title. (a) Unless a proper transfer affidavit is filed pursuant to this chapter, or an application for an amended certificate as required by subsection (b) of this section is pending, an existing safety certificate expires on the 90th day after the day on which a sale, lease, or other transfer of title to or operation of the quarry or pit for which the certificate was issued occurs. (b) To obtain an amended or new safety certificate, a new owner, operator, lessor, or lessee must submit a safety certificate application as required by sec.11.1040 of this title (relating to Form and Content of Safety Certificate Applications), not later than the 30th day after the day on which the transfer of title to the quarry or pit occurs or a change in the activities of the quarry or pit necessitates. (c) If an application for a new certificate has been submitted as required by subsection (b) of this section, the existing safety certificate continues in effect until the commission's decision either approving or disapproving the new or amended certificate is issued and becomes final. sec.11.1045. Cessation of Operations. (a) At least 60 days prior to cessation of operations, the responsible party who plans or intends to cease active operations in a quarry or pit shall notify the commission of its intent, submit any additional plans the operator determines necessary to protect the public good and welfare after the cessation of operations, and include the applicable fee. (b) Within 10 days after receipt of the notice, the commission shall inspect the quarry or pit to ensure compliance with the provisions of this chapter and any additional plans submitted by the operator. (c) Within 10 days after the inspection, the commission shall notify the operator of compliance, or lack thereof, and in the event of compliance shall issue a safety certificate. (d) In the event of noncompliance, the commission shall follow the procedures of sec.11.1041 of this title (relating to Review of Applications) and sec.11.042, of this title (relating to Inspection of Barriers and Certificate Decision). sec.11.1061. Enforcement. (a) Within its jurisdiction, the commission shall have a right of entry to, upon and through any aggregate quarry or pit without advance notice or search warrant, upon presentation of appropriate credentials. (b) The operator shall maintain a copy of the safety certificate for each active quarry or pit at or near the location of the quarry or pit and shall make the safety certificate available for inspection by any authorized representative of the commission, upon presentation of appropriate credentials. (c) On receipt of a complaint or a violation of the Texas Aggregate Quarry Pit Safety Act (the Act) or a rule or order adopted by the commission or on its own motion, the commission must give the person responsible for the quarry or pit written notice of each alleged violation, including the applicable statutory reference, and rule or order so violated and its relation thereto, and the date, time, and place for a hearing. (d) If, after notice and a hearing, the commission determines that a violation has occurred, the commission must make written findings of the actual or threatened violation and the required corrective work and shall prescribe by order a specific period, commensurate with the work to be done but not to exceed 90 days from the date of the order, during which the corrective work must be done, unless an extension of time for good cause shown by the person responsible is granted by the commission. (e) If the responsible party fails to perform corrective work required by the commission under subsection (d) of this section within 120 days after notice is given to the responsible party, the commission may contract for the corrective work to be done at reasonable, customary, and ordinary costs applicable in the industry. Such costs shall be submitted within 30 days of the date the work is finished, and the responsible party shall have 60 days to pay the costs or appeal the decision. In the event the responsible party fails to pay the costs as presented or fails timely to contest or appeal the costs as presented by the commission, the commission shall have the right to impose such fine or injunction as is warranted, consistent with the provisions of the Act and this chapter. sec.11.1062. Civil Penalties. (a) A person or responsible party who violates the Texas Aggregate Quarry Pit Safety Act (the Act) or a rule or order adopted by the commission after due notice is liable to the state for a civil penalty of not less than $500 or more than $5,000 for each act of violation on a first offense. (b) A person or responsible party who violates the Act or a rule or order adopted by the commission after due notice is liable to the state for a civil penalty of not less than $1,000 or more than $10,000 for each act of violation on a second and subsequent offense. sec.11.1063. Injunctive Relief. (a) The commission may enforce the Texas Aggregate Quarry Pit Safety Act (the Act), or a rule or order adopted by the commission by injunction or other appropriate remedy. (b) On application for injunctive or other relief and a finding that a person is violating or has violated the Act or a rule or order adopted by the commission, a court may grant the injunctive or other relief warranted by the facts. sec.11.1064. Recovery of Costs. A person responsible for a quarry or pit is liable to the state for customary, ordinary, and reasonable costs incurred by the commission in undertaking corrective or enforcement action and for court costs and attorney's fees. sec.11.1065. Request for Suit and Venue. (a) At the request of the commission, the attorney general shall bring suit for injunctive or other relief, to recover a civil penalty or costs as provided by the Texas Aggregated Quarry Pit Safety Act, sec.133.082 or sec.133.084, or for both injunctive or other relief and to recover a civil penalty or costs. (b) The action may be brought in the county in which the offending action has occurred or in the county in which the defendant resides or has a place of business. sec.11.1066. Disposition of Penalties and Costs. Money collected under the Texas Aggregate Quarry Pit Safety Act, sec.133.082 and sec.133.084, shall be deposited in the state treasury to the credit of the Texas aggregates quarry and pit safety fund. sec.11.1081. Forms. (a) The forms of Appendix A as follows have been adopted by the commission for use pursuant to the Texas Aggregate Quarry Pit Safety Act and this chapter. Reproduction of these forms is authorized for use by applicants to complete the filings required. (b) The forms have been designated as follows: (1) safety certificate application-SMRD Form-SC1; (2) safety certificate transfer application-SMRD Form-TSC1; (3) notice of cessation of operations-SMRD Form-CSC1. insert page 2 insert page 4 [graphic] This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on September 9, 1991. TRD-9111139 Martha V. Swanger Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Earliest possible date of adoption: October 18, 1991 For further information, please call: (512) 463-6841 Part IV. Texas Department of Licensing and Regulation Chapter 66. Property Tax Consultants 16 TAC sec.66.1, sec.66.62 (Editor's Note: The Texas Department of Licensing and Regulation proposes for permanent adoption the new sections it adopts on an emergency basis in this issue. The text of the new sections is in the Emergency Rules section of this issue.) The Texas Department of Licensing and Regulation proposes new sec.66.1, and sec.66.62, concerning the property tax consultants gives the Texas Department of Licensing and Regulation authority to regulate and make rules under the Property Tax Consultants Act, Texas Civil Statutes, Article 8886 and Texas Civil Statutes, Article 9100. Section 66.1 states the authority and sec.66.62 provides for a six-member Property Tax Consultant Advisory Council appointed by the commission. Elvis G. Schulze, general counsel, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Schulze 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 is not applicable, as the public is relatively unaffected by these particular proposed sections. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Elvis G. Schulze, General Counsel, Texas Department of Licensing and Regulation, 920 Colorado, P.O. Box 12157, Austin, Texas 78767, (512) 463-3127. The new sections are proposed under Texas Civil Statutes, Article 8886 and Article 9100, which provide the Texas Department of Licensing and Regulation with the authority to administer, regulate, and make rules for the Property Tax Consultant Act. 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 September 10, 1991. TRD-9111210 Larry E. Kosta Executive Director Texas Department of Licensing and Regulation Earliest possible date of adoption: October 18, 1991 For further information, please call: (512) 463-3127 TITLE 22. EXAMINING BOARDS Part XXVII. Board of Tax Professional Examiners Chapter 628. Ethical Conduct 22 TAC sec.sec.628.1-628.7 The Board of Tax Professional Examiners (BTPE) proposes new sec.sec.628.1-628.7, concerning ethical conduct. The new rules for ethical conduct and standards are set forth as guidelines for property tax appraisers and assessor-collectors who are required by Texas Civil Statutes, Article 8885 to register with the board. Sam H. Smith, executive director, has determined that for the first five-year period the sections are in effect there will not be fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Smith 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 conformity to high and uniform standards of practice by persons in the property tax profession. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Sam H. Smith, Board of Tax Professional Examiners, 4301 Westbank Drive, Austin, Texas 78746-6565, (512) 329-7981. The new section are proposed under Texas Civil Statutes, Article 8885 as amended by 68th Legislature, which provides the Board of Tax Professional Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties. sec.628.1. General. (a) For the property tax system to achieve its intended purpose of providing funds for those activities that are essential to the public welfare, not only must the entire process be fair and equitable to all taxpayers, and to each taxpayer individually, it must be so perceived by them and the public at large. These rules are directed toward the achievement of that goal. (b) Persons registered with the board shall perform their duties in accordance with applicable laws and regulations and shall avoid the act or appearance of improper influence, conflict of interest, discrimination, abuse of powers, or misuse of titles by conforming to the rules stated in sec.sec.628.2-628.7 of this title (relating to Definitions; Improper Influence; Conflict of Interest; Unfair Treatment, Discrimination; Abuse of Powers; and Use of Titles). sec.628.2. Definitions. The following words and terms, when used in this chapter must have the following meanings, unless the context clearly indicates otherwise. Agency resources -The material and nonmaterial assets of an appraisal district or tax office to include, but not limited to, personnel, work-time, property, vehicles, equipment, supplies, communications, files, records and data; and agency name and reputation. Adjudicatory proceeding -Any proceeding before an appraisal review board, a court, or any other agency of government in which the legal rights, powers, duties, or privileges of specified parties are determined. Another-A person other than the actor. Benefit-Anything reasonably regarded as gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested, but does not include a campaign contribution or expenditure made and reported in accordance with law. Benefits include money, gifts, business interests, privileged communications, employment or promise of employment, trips, entertainment, tickets, lodging or accommodations, or any other tangible or intangible thing of value to the registrant or to any other person in whose welfare the beneficiary is interested. Law-The constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners' court, or a rule authorized by and lawfully adopted under a statute. Person-An individual, corporation, association, partnership, or other business entity. Predetermine-To determine a conclusion, or to impose a direction or tendency toward a conclusion, before collecting and analyzing data and considered opinion bearing on the question or problem; to analyze a question or to reach a conclusion on the basis of extraneous considerations. Public servant -A person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties: (A) an officer, employee, or agent of government; or (B) an attorney at law or notary public when participating in the performance of a governmental function. Registrant-All persons registered with and subject to the rules of the Texas Board of Tax Professional Examiners. Registration position -A position for which the individual holding the position is required by law and board rules to register with the Texas Board of Tax Professional Examiners. Tax agent-A person who accepts any form of compensation or any benefit for representing a property owner in any proceeding under the Property Tax Code. sec.628.3. Improper Influence.
    A registrant or other person subject to these rules: (1) shall not accept or solicit any benefit in return for favorable treatment in a decision regarding property value, exemption of property from taxation, the collection of property taxes, or the award of a contract; or in return for favorable recommendations regarding employment of, or letting of contracts to, appraisers, appraisal firms, attorneys, consultants or others; or other exercise of official discretion as a public servant; (2) shall not knowingly solicit, accept, or agree to accept any benefit on the representation or understanding that he will, as a witness in an adjudicatory proceeding, testify falsely, withhold any testimony, information, document, or thing, or elude legal process summoning him to testify or supply evidence, or absent himself from an official proceeding to which he has been legally summoned; (3) shall not, with intent to influence a witness, offer, confer, or agree to confer any benefit on a witness or prospective witness in an adjudicatory proceeding or coerce a witness or prospective witness in an adjudicatory proceeding to testify falsely, to withhold any testimony, information, document, or thing, or to elude legal process summoning him to testify or supply evidence, or to absent himself from an official proceeding to which he has been legally summoned; (4) shall not solicit, accept, or agree to accept from another any benefit on the representation or understanding that he will provide or withhold documents, records, or other information other than in accordance with applicable rules and law; (5) shall not intentionally or knowingly cause, aid, promote, assist, solicit, encourage, direct, or fail to make a reasonable effort to prevent another from committing any of the foregoing prohibited acts. sec.628.4. Conflict of Interest. A registrant or other person subject to these rules: (1) shall not engage in any activity or employment outside of the appraisal office or tax office if such engagement adversely affects his impartiality in the execution of his official duties or adversely affects the performance of his official duties; (2) shall disclose, to the governing body, any financial interest in, or employment by a private appraisal firm, private tax collection firm, real estate, brokerage, or consulting firm; or as a real estate salesman or broker; or as an independent fee appraiser; and shall comply with the governing body's rules, policies, and procedures on outside employment; (3) shall not invest in property, interests, or transactions which create a conflict of interest or which affect independent judgment or performance in the official position; (4) shall disclose, to the governing body, any private or personal interest in a government contract, or acquisition, or other government action within his agency's jurisdiction from which he, or a person or firm in which he has an interest, could benefit; and shall otherwise comply with the Local Government Code, Chapter 171; (5) shall apply the rules on disclosure and employment, at paragraphs (2)-(4) of this section to any kindred person defined in state law as subject to nepotism statutes, so long as he holds a registration position; (6) shall not serve as a tax agent for any party; by serving that party for any form of compensation or any benefit through the collection of data, appraisal of property, presentations, argument, appearances, or other exercise of influence in the property tax system, unless such service does not involve properties in the purview of the appraisal district or tax office that employs the registrant. sec.628.5. Unfair Treatment, Discrimination. A registrant or other person subject to these rules: (1) shall not provide, to any private party, information that is not provided to, or reasonably available to all persons, unless the information may be treated as confidential under law; (2) shall not deviate from lawful exemption, appraisal, or collection methods or generally accepted procedures for the purpose of giving unfair benefit or unfair disadvantage to any person or interest; (3) shall not give preferential treatment to any property owner or property owner's agent at any stage of the appraisal, appraisal review, or collections process by giving special access to staff personnel, records, or facilities; or by providing research support or other use of agency resources that is not routinely provided or not reasonably available to all taxpayers; (4) shall not use dissimilar appraisal techniques for properties that are similar as to significant valuation criteria; i.e., shall not appraise properties that are similar in all significant factors by different appraisal techniques in order to arbitrarily raise or lower appraised values of particular properties. However, each property shall be appraised based upon the individual characteristics that affect the property's market value; (5) shall apply general mass appraisal or traditional appraisal procedures and methods in such a manner as to seek equality and uniformity in appraisals; (6) shall not collect property taxes by methods and procedures which discriminate to the advantage or disadvantage of any taxpayer or any group of taxpayers, without clear justification that a degree of selectivity or discrimination is necessary for operational efficiency and that such selectivity or discrimination benefits taxpayers in general; (7) shall not disseminate information to certain persons or groups while withholding that information from any person or group that could be affected by and has a legal right to that information. Information pertains to taxpayer rights and remedies, early tax payment discounts, split payment options, eligibility for exemptions, and any other matter that might affect taxpayer liability; (8) shall not provide information on the delinquent property tax status of any property for a fee; unless that fee is in payment for a tax certificate issued according to law, or unless that fee is received and is accounted for in accordance with an ordinance, written rule, or legally binding contract of the governing body; (9) shall not predetermine the value or value range of a property or properties and then manipulate data to arrive at a predetermined conclusion; and shall use value range, percentage, and other gross techniques and fixed factors only as justified by commonly accepted mass appraisal statistical techniques; (10) shall not use an arbitrary factor that is extraneous to the appraisal of a property or class of properties; e.g., a factor based on political pressure; to raise or lower a value or to raise or lower values in a particular class of properties; (11) shall not perform calculations that are designed to result in a predetermined effective tax rate, or rollback tax rate, current or delinquent collection rate or other value, rate, or ratio used for official purposes; (12) shall comply in all respects with the Texas Open Records Act, Texas Civil Statutes, Article 6252-17a and shall not provide special access-to-information privileges to members of the press; tax agents; real estate agents; any individual or group with ownership of a particular category of property; any political, social, or economic faction or any individual or group. Such privileges are considered special if they are not reasonably available to the general public. This does not preclude providing, on a reimbursable basis, services that are available to all parties; (13) shall not exempt the property of any individual, organization, or group from appraisal, assessment, or payment of property taxes because of inability to pay, any official or social pressures or for any other reason that is not a basis for exemption or deferral in state law; (14) shall not request of, or suggest to, another property tax official that preferential consideration, reconsideration, or review be accorded the property tax situation of any particular person or firm. Shall not accede to a request from another public servant or private citizen for preferential treatment of a particular taxpayer. Nothing herein shall prohibit a registrant from acting in a purely private capacity regarding a personal tax matter so long as he does not use his official position to influence the outcome of such a dispute. sec.628.6. Abuse of Powers. A registrant or other person subject to these rules: (1) shall not use agency resources for the personal benefit of himself, any party in whom he has an interest, or any public servant; or for the benefit of any social or political organization unless any member of the general public could make similar use of the agency resources; (2) shall not use agency resources to develop information for personal use, or for the personal use of persons in whom he has an interest, or for use by any party or person for unofficial purposes unless any member of the general public could make similar use of the agency resources; (3) shall not use agency resources in connection with employment outside of the appraisal district or tax office, unless any member of the general public could make similar use of agency resources; and shall obtain information used in outside employment from any appraisal district or tax office in the same manner that the information would be obtained by any person, to include open records requests and payment for copies when required; (4) shall not (in connection with advertising by a firm or individual), in the capacity of property tax professional, publicly endorse in advertisements, public speeches or publications of any kind, the services or products of any person or firm; or accept remuneration or any benefit for privately endorsing or recommending services or products of any person or firm; nor shall a registrant, by act or omission, conduct himself in a manner which is likely to mislead or confuse any person that such a prohibited endorsement or recommendation has been made; (5) shall not promise confidentiality of any communication unless confidentiality is authorized by law and can be reasonably assured; (6) shall not reveal information from property renditions which are legally confidential, except as authorized by law; (7) shall not use official information which is confidential, or which can be obtained by an ordinary citizen only with great effort or expense, as a basis for personal investment or acquisition decisions. This does not preclude obtaining information under the Open Records Act; (8) shall not knowingly mislead any member of the public who makes a reasonable inquiry on tax matters; (9) shall not be party to a discussion by an official body in a session closed to the public when the matters being addressed should be addressed in a session open to the public; (10) shall not change, or cause to be changed, any information on an appraisal roll, tax roll, tax bill, tax payment receipt, or other official record except as authorized by state law; provided, that inadvertently clerical errors or omissions may be corrected under proper procedures; (11) shall not intentionally remove any property from, or fail to record any property on, the appraisal roll, tax roll or delinquent tax roll except as authorized by state law; (12) shall not calculate the effective tax rate or rollback rate by methods other than those directed by law and by the rules and written guidance of the Comptroller of Public Accounts; (13) shall not under color of official action collect money owed to any private person or firm, unless authorized by law; (14) shall comply with state law and local law, regulation, policy, and procedures related to official conduct, bribery, nepotism, conflict of interest, open records, open meetings, rule making, and contested cases; (15) shall not enter into a real estate transaction when a property is one for which the appraised value has been protested, for which the owner is delinquent in payment of taxes, or which has been a matter of dispute between the owner and a tax office or appraisal district, unless the property has been advertised for sale to the general public; (16) shall make every reasonable effort to collect all taxes owed to the taxing unit or, when appropriate, initiate legal action against owners with delinquent accounts; sec.628.7. Use of Titles. A person registered with the board or a former registrant: (1) shall not use the titles Registered Professional Appraiser (RPA), Registered Texas Assessor/Collector (RTA), or Registered Texas Collector (RTC) unless he is an active registrant with the Board of Tax Professional Examiners and has been certified by that board, and shall use those titles only in connection with the performance of official duties as a property tax appraiser, assessor/collector, or collector; (2) shall not use certification titles in connection with any private business venture. This section shall not be construed to prohibit the use of a title by a person who is registered with the board and employed by a private firm which performs, under contract, appraisal, assessment, or collections functions for an appraisal district or tax office. 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 September 9, 1991. TRD-9111172 Sam H. Smith Executive Director Board of Tax Professional Examiners Earliest possible date of adoption: October 18, 1991 For further information, please call: (512) 329-7981 TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 129. Adjustment of Temporary Income Benefits 28 TAC sec.129.4 The Texas Workers' Compensation Commission proposes an amendment to sec.129. 4, concerning adjustment of temporary income benefits. The amendment is necessary to instruct employers and injured employees concerning use of the supplemental report of injury, to report to the carrier information about post-injury earnings and post-injury offers of employment. The amendment cross-references sec.120.3 of this title (relating to Employer's Supplemental Report of Injury). The amendment to subsection (c) of the existing section makes clear that if an injured employee is still employed by the employer at the time of injury, the employer is responsible for informing the carrier of changes in the employee's weekly earnings after an injury, on form TWCC 6, Employer's Supplemental Report of Injury, within 10 days after the end of each pay period. The amendment to subsection (c) references sec.120.3. The amendment to subsection (d) of the existing section makes clear that an employee who is no longer employed by the employer may use form TWCC 6, Employer's Supplemental Report of Injury, to fulfill the employee's responsibility to provide information to the insurance carrier about the existence or amount of any earnings or any offers of employment. Drew Thigpen, associate director of financial management, 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. Thigpen 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 implementation of the Texas Workers' Compensation Act and improved understanding of the rule. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Susan M. Kelley, General Counsel, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH-35, Austin, Texas 78704. Comments will be accepted for 30 days after publication of this proposal in the Texas Register. The amendment is proposed under Texas Civil Statutes, Article 8308, sec.2.09(a) which provide the Texas Workers' Compensation Commission with the authority to adopt rules as necessary for the implementation and enforcement of the Texas Workers' Compensation Act. sec.129.4. Adjustment of Temporary Income Benefit Amount. (a)-(b) (No change.) (c) If the injured employee is still employed by the employer at the time of injury, the employer is responsible for informing the carrier of changes in the employee's weekly earnings after an injury, on Form TWCC 6,
      [the] Employer's Supplemental Report of Injury,
        within 10 days after the end of each pay period, as provided by sec.120.3 of this title (relating to Employer's Supplemental Report of Injury). (d) If the employee is no longer employed by the employer, the employee is responsible to provide information to the insurance carrier about the existence or amount of any earnings, or any offers of employment. The employee may use Form TWCC 6, Employer's Supplemental Report of Injury, for this purpose. 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 September 11, 1991. TRD-9111211 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Earliest possible date of adoption: October 18, 1991 For further information, please call: (512) 440-3972 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 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 5. Transportation Division Subchapter B. Operating Certificates, Permits, and Licenses 16 TAC sec.5.32 The Railroad Commission of Texas has withdrawn from consideration for permanent adoption a proposed amendment to sec.5.32 which appeared in the May 10, 1991, issue of the Texas Register (16 TexReg 2571). The effective date of this withdrawal is September 11, 1991. Issued in Austin, Texas, on September 11, 1991. TRD-9111213 Martha V. Swanger Hearings Examiner/Legal Division-General Law Railroad Commission of Texas Effective date: September 11, 1991 For further information, please call: (512) 463-7095 TITLE 34. PUBLIC FINANCE Part VII. State Property Tax Board Chapter 153. Truth in Taxation Requirements 34 TAC sec.153.2 The State Property Tax Board has withdrawn from consideration for permanent adoption a proposed amendment to sec.153.2 which appeared in the July 12, 1991, issue of the Texas Register (16 TexReg 3821). The effective date of this withdrawal is September 9, 1991. Issued in Austin, Texas, on September 9, 1991. TRD-9111148 Larrilyn K. Russell General Counsel State Property Tax Board Effective date: September 9, 1991 For further information, please call: (512) 329-7802 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 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 9. Liquefied Petroleum Gas Division Subchapter A. General Applicability and Requirements The Railroad Commission of Texas adopts the repeal and replacement of sec.9. 4 concerning registration for testing laboratories. In addition, the commission adopts amendments to sec.9.3, 9.15, and 9.24, concerning categories of LP-gas licenses, LP-gas report forms, and insurance requirements for LP-gas licensees. Section 9.15 is adopted with changes to the proposed text as published in the July 16, 1991, issue of the Texas Register (16 TexReg 3930). Sections 9.3, 9.4, and 9.24 are adopted without changes and will not be republished. Section 9.15 as proposed has been amended to correct the name of LPG Form 8. The words "or testing" have been added to reflect the proper name of the form. The commission is adopting the changes in order to bring these sections into compliance with the requirements of House Bill 2505 and Chapter 113 of the Texas Natural Resources Code. The commission is adopting the repeal and replacement of s9.4 due to extensive changes in the rule. New sec.9.4 requires a test manual to be submitted by Category A, B, or O licensees and by testing laboratories registered with the division. The section also sets out licensing deadlines for testing laboratories registered with the division prior to August 26, 1991. Section 9.4 extends the registration deadline for these testing laboratories until August 26, 1992, and provides that all LP-gas related activities must cease on that date unless a Category O license is obtained. The amendment to sec.9.3 adds Category O, testing laboratories, to the categories of LP-gas licensees. Section 9.3 has also been revised to incorporate mobile fuel containers and systems and the testing of LP-gas containers and systems into the definitions of the appropriate categories of licenses. LPG Form 27, Application for Testing Laboratories Registration, has been deleted from sec.9.15, and sec.9.24 has been amended to state the insurance requirements for Category O licensees. The requirement that Category B and O licensees carry completed operations and products liability insurance has also been added to sec.9.24, and all required insurance amounts for Category B licensees have been increased. The references to LPG Form 998C in sec.9.24 were changed to LPG Form 998B. No comments were received regarding adoption of the sections. 16 TAC sec.sec.9.3, 9.15, 9.24 The amendments are adopted under the Texas Natural Resources Code, sec.113. 051, which authorizes the Railroad Commission of Texas to promulgate rules and standards related to the liquefied petroleum gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. sec.9.15. LP-Gas Report Forms. Under the provisions of the Texas Natural Resources Code, Chapter 113, the Railroad Commission of Texas has adopted by reference the following forms for use by the Liquefied Petroleum Gas (LP-Gas) Division. These forms are available to the public upon request [directed] to the LP-Gas Division in Austin. (1)-(6) (No change.) (7) LPG Form 8. Manufacturer's Report of Pressure Vessel Repair, Modification, or Testing; (8)-(10) (No change.) (11) LPG Form 16B. Application for Examination Exemption by a Master or Journeyman Plumber or a Class A or B Air Conditioning and Refrigeration Contractor; (12)-(21) (No change.) (22) LPG Form 500. Application for Tentative Approval; (23) LPG Form 5OOa. Notice of LP-Gas Installation; (24) LPG Form 501. Completion Report; (25) LPG Form 502. Application for Liquefied Petroleum Gas Equipment and Component Approval; (26) LPG Form 503. Application to Install a LP-Gas System on School Bus/Mass Transit Vehicles; (27) LPG Form 504. Notice of Subsequent Installation or Conversion by the Same Ultimate Consumer or Licensee; (28) LPG Form 996A. Certificate of Insurance, Worker's Compensation and Employer's Liability; (29) LPG Form 996B. Statement in Lieu of Worker's Compensation and Employer's Liability Insurance; (30) LPG Form 997A. Certificate of Insurance, Motor Vehicle Bodily Injury, and Property Damage Liability; (31) LPG Form 997B. Statement in Lieu of Motor Vehicle Bodily Injury, and Property Damage Liability Insurance; (32) LPG Form 998A. Certificate of Insurance, General Liability; (33) LPG Form 998B. Statement in Lieu of General Liability Insurance and/or Completed Operations and Products Liability Insurance; (34) LPG Form 999. Notice of Insurance Cancellation. 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 September 10, 1991. TRD-9111217 Martha V. Swanger Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Effective date: October 2, 1991 Proposal publication date: July 16, 1991 For further information, please call: (512) 463-6858 16 TAC sec.9.4 The repeal is adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the Railroad Commission of Texas to promulgate rules and standards related to the liquefied petroleum gas industry and its operations, which will protect the health, safety, and welfare of the general public. 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 September 10, 1991. TRD-9111218 Martha V. Swanger Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Effective date: October 2, 1991 Proposal publication date: July 16, 1991 For further information, please call: (512) 463-6858 The new section adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the Railroad Commission of Texas to promulgate rules and standards related to the liquefied petroleum gas industry and its operations, which will protect the health, safety, and welfare of the general public. 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 September 10, 1991. TRD-9111216 Martha V. Swanger Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Effective date: October 2, 1991 Proposal publication date: July 16, 1991 For further information, please call: (512) 463-6858 Subchapter B. Basic Rules 16 TAC sec.9.33 The Railroad Commission of Texas adopted an amendment to s9.33, concerning certification of testing laboratories for testing containers when a manufacturer's data report is unavailable, without changes to the proposed test as published in the July 16, 1991, issue of the Texas Register (16 TexReg 3930). The commission is adopted the revision in order to bring the section into compliance with the requirements of House Bill 2505 and Chapter 113 of the Texas Natural Resources Code. The section has been amended to cover testing laboratories licensed with the commission. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the Railroad Commission of Texas to promulgate rules and standards related to the liquefied petroleum gas industry and its operations, which will protect the health, safety, and welfare of the general public. 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 September 10, 1991. TRD-9111215 Martha V. Swanger Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Effective date: October 2, 1991 Proposal publication date: July 16, 1991 For further information, please call: (512) 463-6858 Subchapter P. Division XIV 16 TAC sec.9.501 The Railroad Commission of Texas adopts an amendment to s9.501, concerning testing requirements for cargo containers, with changes to the proposed text as published in the July 16, 1991, issue of the Texas Register (16 TexReg 3930). The word "and" in the name of LPG Form 8 has been changed to "or" to reflect the proper name of that form. The commission is adopting the revision in order to bring the section into compliance with the requirements of House Bill 2505 and Chapter 113 of the Texas Natural Resources Code. Section 9.501 has been amended to cover testing laboratories licensed with the commission, and reference to the ASME Code has been deleted from the section. The wording of the section has also been amended for clarification. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the Railroad Commission of Texas to promulgate rules and standards related to the liquefied petroleum gas industry and its operations, which will protect the health, safety, and welfare of the general public. sec.9.501. Testing Requirements (a) Each cargo container unit required to be registered with the division must be tested at least once every five years and each test prescribed in this section must be conducted in accordance with the division approved manual of the Category A, B, or O licensee or the registered testing laboratory performing the test. No cargo container unit that has been out of LP-gas service for a period of one year or more shall be returned to LP-gas service until it has been shown to meet the testing requirements of this section (including any test the division director reasonably requires). Documentation of the required testing must be filed by the Category A, B, or O licensee or by the testing laboratory registered with the division. Upon completion of any test required under this section, the results of the test must clearly indicate whether the cargo container unit is safe for LP-gas service and must be submitted by the licensee or registered testing laboratory that tested the affected cargo container unit on a LPG Form 8 (Manufacturer's Report of Pressure Vessel Repair, Modification, or Testing). This form must be received by the division within 30 days of the due date of the test(s) required under this section. If evidence of any unsafe condition is discovered as a result of any of the tests performed under this section, the cargo container unit must be immediately removed from LP-gas service. Such units may not be returned to LP-gas service until an official communication is received from the division, which will include written notice that authorizes returning such unit to LP-gas service. (b) (No change.) This agency hereby certifies that the 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 September 10, 1991. TRD-9111214 Martha V. Swanger Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Effective date: October 2, 1991 Proposal publication date: July 16, 1991 For further information, please call: (512) 463-6858 Chapter 11. Surface Mining and Reclamation Division Subchapter C. Substantive Rules-Uranium Mining 16 TAC sec.11.201 The Railroad Commission of Texas adopts an amendment to s11.201, concerning amount of bond, without changes to the proposed text as published in the August 2, 1991, issue of the Texas Register (16 TexReg 4203). The amendment will conform the "Uranium Mining Regulations" to Senate Bill 980 to allow bond amount calculations to be prepared by the commission's staff. This will allow for more efficient use of commission staff expertise and resources. It will no longer be necessary to contract for independent engineering estimates for bond amounts. This will result in lower costs to the state in carrying out the requirements of the Uranium Surface Mining and Reclamation Act and "Uranium Mining Regulations." When a uranium application is approved, an appropriate bond amount must be determined by the commission. The revised rule will allow the bond determination to be based upon two estimates, an estimate submitted by the permit applicant, and an estimate prepared by commission staff. The permit applicant may waive the submission of its estimate. If so waived, only the staff estimate need be submitted for commission consideration and determination of bond amount. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Natural Resources Code, sec.131.021, which provides the Railroad Commission of Texas with the authority to promulgate rules pertaining to uranium mining operations. 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 September 9, 1991. TRD-9111138 Martha V. Swanger Hearings Examiner Railroad Commission of Texas Effective date: September 30, 1991 Proposal publication date: August 2, 1991 For further information, please call: (512) 463-6481 TITLE 22. EXAMINING BOARDS Part XII. Board of Vocational Nurse Examiners Chapter 231. Administration General Practice and Procedure 22 TAC sec.231.25, sec.231.48 The Board of Vocational Nurse Examiners adopts amendments to sec.231.25 and sec.231.48 concerning general practice and procedure, without changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4261). The amendments update areas of the rules that are obsolete as written. The amendments update necessary changes to the rules. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provides the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to govern its procedures and to carry in effect the purposes of the law. 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 September 6, 1991. TRD-9111130 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 30, 1991 Proposal publication date: August 6, 1991 For further information, please call: (512) 835-2071 Board Rules 22 TAC sec.231.68 The Board of Vocational Nurses Examiners adopts the repeal of sec.231.68, concerning effective date, without changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4262). The rule is obsolete, as the effective date varies for each rule that is adopted. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provides the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to govern its procedures and to carry in effect the purposes of the law. 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 September 6, 1991. TRD-9111129 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 30, 1991 Proposal publication date: August 6, 1991 For further information, please call: (512) 835-2071 Chapter 233. Education Approval of Programs 22 TAC sec.233.41 The Board of Vocational Nurse Examiners adopts an amendment to sec.233.41, concerning types of approval for vocational nursing programs, without changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4262). The portion of this rule being amended is in conflict with the Vocational Nurse Act. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to govern its procedures and to carry in effect the purposes of the law. 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 September 6, 1991. TRD-9111128 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 30, 1991 Proposal publication date: August 6, 1991 For further information, please call: (512) 835-2071 Chapter 235. Licensing Application for Licensure 22 TAC sec.235.9, sec.235.18 The Board of Vocational Nurse Examiners adopts amendments to sec.235.9 and sec.235.18 concerning application for licensure, without changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4262). Rule 235.9 was amended to delete the address of the board. Rule 235.18 was amended to comply with federal rules/guidelines by changing the word "handicapped" to "disabled". The amendments are necessary in order to update changes that have been made to the rules. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulation as may be necessary to govern its procedures and to carry in effect the purposes of the law. 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 September 6, 1991. TRD-9111127 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 30, 1991 Proposal publication date: August 6, 1991 For further information, please call: (512) 835-2071 Issuance of Licenses 22 TAC sec.235.41 The Board of Vocational Nurse Examiners adopts an amendment to sec.235.41, concerning issuance of certificates of licensure, without changes to the proposed text as published in the August 6, 1991, Texas Register (16 TexReg 4263). The secretary-treasurer of the board no longer signs the certificates of licensure, therefore, the rule is obsolete. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examines with the authority to make such rules and regulations as may be necessary to govern its procedures and to carry in effect the purposes of the law. 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 September 6, 1991. TRD-9111126 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 30, 1991 Proposal publication date: August 6, 1991 For further information, please call: (512) 835-2071 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 2. Medically Needy Program Program Requirements 40 TAC sec.sec.2.1008, 2.1010, 2.1012, 2.1016 The Texas Department of Human Services (DHS) adopts amendments to sec.sec.2. 1008, 2.1010, 2.1012, and 2.1016, concerning Medically Needy Program, without changes to the proposed text as published in the August 9, 1991, issue of the Texas Register (16 TexReg 4344). The justification for the amendments is to comply with a policy change issued by the United States Department of Health and Human Services. The new policy changes the period of potential eligibility from six months to one month when applicants must meet spend down to become eligible for Medicaid. The new policy also changes the budgeting procedure in sec.2.1010 for lump sum payments received by Medically Needy program clients. Section 2.1010 also is revised to delete the reference to prospective budgeting, which is no longer an Aid to families with dependent children (AFDC) program requirement. The sections as amended will function by enabling more needy individuals to qualify for Medicaid assistance. No comments were received regarding adoption of the amendments. The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. 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 September 10, 1991. TRD-9111181 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1991 Proposal publication date: August 9, 1991 For further information, please call: (512) 450-3765 Chapter 3. Income Assistance Services Subchapter I. Income 40 TAC sec.3.902 The Texas Department of Human Services (DHS) adopts an amendment to sec.3. 902, concerning income assistance services, without changes to the proposed text as published in the August 9, 1991, issue of the Texas Register (16 TexReg 4345). The justification for the amendment is to comply with a policy change issued by the United States Department of Health and Human Services. The new policy requires that government housing assistance payments be excluded as income in determining eligibility for AFDC and Medicaid households. The section as amended will function by specifying the types of income excluded in the AFDC and Medical programs. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 31 and 32, which provides the department with the authority to administer public and medical assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 10, 1991. TRD-9111180 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1991 Proposal publication date: August 9, 1991 For further information, please call: (512) 450-3765 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 Commission on Alcohol and Drug Abuse Tuesday, September 24, 1991, 8:30 a.m. The Board of Commissioners of the Texas Commission on Alcohol and Drug Abuse will meet at the Perry Brooks Building, 720 Brazos Street, Suite 800, Eighth Floor Conference Room, Austin. According to the complete agenda, the board will call the meeting to order; approve June 25, 1991 minutes; hear public comments; report on compulsive gambling initiative; report on federal budget and legislative processes; report on internal audit review of grant and contract accounting and control system; action on statewide advisory council; report on annual institute; presentation on FY 1991 performance and funds management report; action on agency FY 1992 budget; action on proposed counselor licensing rules; action on emergency counselor licensing rules; report on criminal justice pilot program; update on cultural relevance survey; report on final adoption of cost control standards by the State Board of Insurance; discuss grantee/contractor compliance with Board of Director's requirements; hear executive director's report; chairman's report; and adjourn. Contact: Becky Davis or David Tatum, 720 Brazos Street, #403, Austin, Texas 78701, (512) 867-8700. Filed: September 11, 1991, 2:19 p.m. TRD-9111242 Texas Commission for the Blind Monday, September 23, 1991, 10 a.m. The Board of the Texas Commission for the Blind will meet at the Criss Cole Rehabilitation Center, 4800 North Lamar Boulevard, Austin. According to the complete agenda, the board will have registration for public comments; call the meeting to order and make introductions; invitation for public comments; approve minutes of May 21, 1991; hear executive director's quarterly report on agency activities and discussion; update and discussion of legislative activities that affect the agency and services for Texans who are blind or visually impaired; meet in executive session pursuant to Article 6252-17, sec.2(e) and sec.2(g), Vernon's Annotated Civil Statutes to discuss personnel and pending legal matters; hear committee reports: legislative; audit; finance; policy; public relations; discuss and take action regarding fiscal year 1991 and 1992 budgets; the action on grant applications; and discuss and take action regarding revisions to a memorandum of understanding among the Texas Commission for the Blind and the Texas Department of Human Services, et al, to coordinate services for multiproblem children and youth. Contact: Jean Wakefield, P.O. Box 12866, Austin, Texas 78711, (512) 459-2600. Filed: September 11, 1991, 10:46 a.m. TRD-9111223 Texas Bond Review Board Thursday, September 19, 1991, 10 a.m. The Texas Bond Review Board will meet at the State Capitol, Sergeant's Committee Room, Austin. According to the agenda summary, the board will call the meeting to order; approve minutes; consider proposed issues; discuss other business; and adjourn. Contact: Tom K. Pollard, 506 Sam Houston Building, 201 East 14th Street, Austin, Texas 78701, (512) 362-1741. Filed: September 11, 1991, 4:13 p.m. TRD-9111259 Texas Department of Commerce Wednesday, September 11, 1991, 6:30 p.m. The Executive Committee of the State Job Training Coordinating Council (SJTCC) of the Texas Department of Commerce met at the Crest Hotel, 111 East First Street, Austin. According to the complete agenda, the council held an informal briefing on role and responsibilities of State Job Training Coordinating Council standing committee chairs and co-chairs; the structure and function of each standing committee; and procedures for conducting the business before each committee at their meetings on Thursday, September 12, 1991. No action will be taken at this meeting. The emergency status was necessary as the executive committee, composed of the SJTCC standing committee chairs and co-chairs, was just appointed and the informal briefings had to take place before the committee meetings on Thursday, September 12, 1991. Contact: Alexa Ray, P.O. Box 12728, Austin, Texas 78711, (512) 320-9884. Filed: September 11, 1991, 11:01 a.m. TRD-9111233 Texas Board of Criminal Justice Monday, September 23, 1991, 12 p.m. The Subcommittee on Health Services of the Texas Board of Criminal Justice will meet at the San Antonio Convention Center, Patio B, Lower Level, San Antonio. According to the agenda summary, the subcommittee will hear opening remarks and make introductions; give an update on new developments within the TDCJ; and update of Ruiz issues; and various presentations. Contact: Andrea Scott, P.O. Box 99, Huntsville, Texas 77342-0099. Filed: September 11, 1991, 2:49 p.m. TRD-9111244 Texas Commission for the Deaf and Hearing Impaired Saturday, September 28, 1991, 10 a.m. The Board for Evaluation of Interpreters (BEI) of the Texas Commission for the Deaf and Hearing Impaired will meet at the TCDHI Conference Room, 1524 South IH-35, Suite 200, Austin. According to the complete agenda, the board will take roll call; call the meeting to order; approve August 17, 1991 minutes; hear public comments; chairman's report; review BEI program manager job description; activity calendar/schedule; review of budget; meet in executive session to review applicant testing materials; certification, revocation, recertification, certificate extensions, reinstatements; discuss old business; and new business. Contact: Larry D. Evans, 1524 South IH-35, Austin, Texas 78704, (512) 444-3323. Filed: September 11, 1991, 2:11 p.m. TRD-9111237 Texas Education Agency Wednesday-Thursday, September 18-19, 1991, 10 a.m. and 8 a.m. respectively. The Advisory Committee for Technology Standards (ACTS) of the Texas Education Agency will meet at the Department of Information Resources, Capitol One Plaza Building, 15th and Lavaca Streets, Austin. According to the complete agenda, on Wednesday, the committee will discuss recent legislation; discuss handbook for the school district's plan for technology; identify tasks and discuss methods of accomplishing ACTS charges; i.e., isolate and specify what is to be done with hardware standards and with training standards, and organize plan of action for setting standards. On Thursday, the committee will discuss and review in-progress items; assign and understand tasks; continue standards effort; discuss other standards that need attention; and wrap-up and tasks assigned for next meeting. Contact: Lane Scott, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9087. Filed: September 10, 1991, 4:21 p.m. TRD-9111197 Texas High-Speed Rail Authority Thursday, September 19, 1991, 1:30 p.m. The Texas High-Speed Rail Authority will meet at 823 Congress Avenue, 15th Floor Conference Room, Austin. According to the agenda summary, the authority will approve minutes; and meet in executive session. Contact: Allan Rutter, 823 Congress Avenue, Suite 1502, Austin, Texas 78701, (512) 478-5484. Filed: September 11, 1991, 10:20 a.m. TRD-9111222 Texas Higher Education Coordinating Board Monday, September 23, 1991, 1 p.m. The Coordinating Board, State Board of Education Joint Liaison Committee of the Texas Higher Education Coordinating Board will meet at the Chevy Chase Office Complex, Building I, Room 1.100A, 7700 Chevy Chase Drive, Austin. According to the complete agenda, the committee will give an update on TASP; model high school programs for college preparation; granting of degrees at proprietary institutions; discussion of teacher education and alternative teacher certification; report on the Tech-Prep associate degree programs; 1991 update of master plan for vocational and technical education; review of higher education funding formulas; and other topics and general discussion. Contact: Dr. David Gardner, P.O. Box 12788, Austin, Texas 78711, (512) 483-6101. Filed: September 11, 1991, 2:12 p.m. TRD-9111241 The Texas Department of Housing and Community Affairs Wednesday, September 18, 1991, 10 a.m. The Board of Directors of the Texas Department of Housing and Community Affairs will meet at the Crest Hotel on Townlake, 111 East First Street and Congress, Brazos Room, Austin. According to the agenda summary, the board will consider and possibly act on the resolution authorizing the issuance, sale and delivery of the Collateralized Home Mortgage Revenue Bonds, Series 1991 A-D; and hold orientation for new board members. Contact: Richard A. Moya, P.O. Box 13941, Austin, Texas 78711, (512) 474-2974. Filed: September 10, 1991, 6:33 p.m. TRD-9111204 Texas Department of Human Services Friday, September 20, 1991, 10 a.m. The Texas Board of Human Services of the Texas Department of Human Services will meet at 701 West 51st Street, Public Hearing Room, First Floor, East Tower, Austin. According to the agenda summary, the board will consider action on approval of August 16, 1991, minutes; chairman's comments and announcements; legislative reorganization of HHS agencies; NHIC balances in reserve fund; FY 1991 budget adjustments; elimination of 5.5% budgetary reduction factor; amendments to LTC/NFR for licensure and medicaid certification; reimbursement rate for HCS waiver program; CLASS waiver program rates and administrative fee; federal interpretation of Hospice Program; allowance for reimbursement of all prescription drugs for nursing facility medicaid residents; Bienvivir waiver program and 24-hour child care facility rates; elimination of medicaid assets test for pregnant women, food stamp eligibility requirements for drug and alcoholic treatment centers; JOBS rule amendments; APS information release rules; amendments to policies and procedures; advisory committees; health education for medicaid clients; commissioner's report; board will recess into a closed executive session to consider positions of internal auditor and commissioner, then reconvene in open session to take action from results of closed session. Contact: Sherron Heinemann, P.O. Box 149030, Austin, Texas 78714-9030, (512) 450-3048. Filed: September 11, 1991, 3:37 p.m. TRD-9111257 Texas Department of Insurance Thursday, September 19, 1991, 9 a.m. The Texas Department of Insurance will meet at 333 Guadalupe Street, 12th Floor Commissioners Conference Room, Austin. According to the complete agenda, the department will consider extension of emergency effectiveness of 28 TAC sec.7.36, concerning requirements of an audited report of workers' compensation reserves; and consider adoption on an emergency basis of a proposed amendment to 28 TAC sec.5.2002, concerning the selection of members to the board of directors of the Texas Medical Liability Underwriting Association. Contact: Angelia Johnson, 333 Guadalupe Street, Mail Code 113-2A, Austin, Texas 78701, (512) 463-6328. Filed: September 11, 1991, 2:50 p.m. TRD-9111245 Texas Commission on Jail Standards Wednesday, September 25, 1991, 9 a.m. The Texas Commission on Jail Standards will meet at the Employees Retirement Building, Room 100, 18th and Brazos Streets, Austin. According to the agenda summary, the commission will call the meeting to order; take roll call of members; discuss old business: Bexar County, Bowie County, Galveston County, Kerr County, McLennan County, Starr County, Uvalde County, Wilbarger County; conditional certification; suicide prevention guide; changes to standards, juvenile justice survey; completed jail projects; jail population report; active remedial orders and status of budget/appropriations; discuss new business: results of House Bill 93, Potter County and Harris County; Applications for variances: Bexar County, Brazoria County, Harris County, Kerr County, McLennan County and Travis County; hear directors report; discuss other business; meet in executive session; and adjourn. Contact: Jack E. Crump, P.O. Box 12985,, Austin, Texas 78711, (512) 463-5505. Filed: September 11, 1991, 2:12 p.m. TRD-9111240 Texas State Board of Medical Examiners Friday, September 20, 1991, 10:30 a.m. The Hearings Division of the Texas State Board of Medical Examiners will meet at 1101 Camino La Costa, Suite 201, Austin. According to the agenda summary, the division will consider requests for termination and modification of probation; meet in executive session under authority of Article 6252-17, as related to Article 4495b, sec.sec.2. 07, 3.05(d), 4.05(d), 5.06(s)(1) and Opinion of Attorney General 1974, Number H-484. Contact: Pat Wood, P.O. Box 13562, Austin, Texas 78752, (512) 452-1078. Filed: September 11, 1991, 3:36 p.m. TRD-9111256 Texas Motor Vehicle Commission Wednesday, September 18, 1991, 9 a.m. The Texas Motor Vehicle Commission will meet at 815 Brazos Street, Suite 302, Brazos Building, Austin. According to the agenda summary, the commission will call the meeting to order; take roll call; approve minutes of commission meetings of July 10 and August 21, 1991; election of commission vice-chairman; hold a public hearing to receive comments on proposed amendments to commission lemon law rules and on notice to buyers; discuss and consider adoption of proposed amendments and notice; discuss and consider issuance for public comment amendments to commission lemon law rules sec.107.7, hearings officer's proposal for decision; sec.107.8, decisions; and procedure for filing motions for rehearing; discuss and consider adoption of proposed amendments to agency rules of procedure 16 TAC sec.101.63 and sec.101.64 concerning requirement that exceptions, replies, other pleadings or documents in contested cases must be filed with the commission at least 15 days prior to the date of the commission meeting at which the case is scheduled to be heard and considered; take a lunch break; reconvene to discuss proposals for decision: licensing and enforcement; agreed orders; orders of dismissal; and review of agency appropriations for FY 1992-1993; review of consumer complaint recap report; review of litigation status report; and schedule future meeting dates. Contact: Russell Harding, TMVC, 815 Brazos Street, Suite 300, Austin, Texas 78701, (512) 476-3587. Filed: September 10, 1991, 11:53 a.m. TRD-9111175 Public Utility Commission of Texas Wednesday, September 18, 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: 9695, 9300, 10382, 9979, 10516, 10381/10122/10123, 8018, 9640, 9963, 10418, 10420, 10472, 10268, 10035, 10560, 10137, 10320, P9708, P10103, P10487, P10517, and P10580. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: September 10, 1991, 2:40 p.m. TRD-9111185 Thursday, September 19, 1991, 2 p.m. The Administrative Committee of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the agenda summary, the committee will discuss reports, discuss and take action on budget and fiscal matters; FY 1992 operating budget; request for proposals for a financial audit of Relay Texas; state auditor's report; CES project year end report; status report on earnings monitoring program; sttus report on Southwestern Bell's implementation of equipment upgrades per the settlement; meet in executive session to consider: litigation matters, discussion and decision regarding pending or threatned litigation including, but not limited to, Cause Number 919,073; personnel matters including but not limited to the promotion of the special counsel's secretary; reconvene for discussion and decisions on matters considered in executive session; set time and place for next meeting; and adjourn. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: September 11, 1991, 3:13 p.m. TRD-9111252 Friday, September 20, 1991, 1:30 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 10432-San Bernard Electric Cooperative, Inc. application for approval of report concerning refund of net benefits of Lower Colorado River Authority's transmission lease payment. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: September 11, 1991, 3:13 p.m. TRD-9111250 Monday, September 23, 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 Project Number 10434-petition of Teleprofits of Texas, Inc. for waiver of PUC Substantive Rule 23.54(d)(4) due to technical limitations of equipment. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: September 11, 1991, 3:13 p.m. TRD-9111251 Monday, September 23, 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 10516-application of AT&T Communications of the Southwest, Inc. to modify the message telecommunications service tariff regarding the AT&T CIID/891 calling card. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: September 10, 1991, 2:43 p.m. TRD-9111188 Tuesday, October 22, 1991, 9 a.m. The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a hearing on the merits in Docket Number 10400-application of Texas Utilities Electric Company for approval of its notice of intent. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: September 10, 1991, 2:44 p.m. TRD-9111189 Friday, November 22, 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 10561-application of Jackson Electric Cooperative, Inc. for authority to change rates. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: September 10, 1991, 2:12 p.m. TRD-9111187 Monday, November 25, 1991, 10 a.m. The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a hearing on the merits in Docket Number 10561-application of Jackson Electric Cooperative, Inc. for authority to change rates. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: September 10, 1991, 2:42 p.m. TRD-9111186 Texas National Research Laboratory Commission Wednesday, September 18, 1991, 10 a.m. The Finance Committee Standing Commission Committee of the Texas National Research Laboratory Commission will meet at the InfoMart Exhibition Hall, Room 7015, Oak Lawn Avenue at Stemmons Freeway, Dallas. According to the agenda summary, the committee will take roll call of members; hear chairman's report-Peter O'Donnell, Jr.; sale of revenue bonds (financial advisor's report and bond counsel's report); hear staff report-Robert P. Carpenter; hear public comment; and adjourn. Contact: Karen L. Chrestay, 1801 North Hampton Road, #400, DeSoto, Texas 75115, (214) 709-3800. Filed: September 10, 1991, 4:29 p.m. TRD-9111201 Wednesday, September 18, 1991, 10:30 am. The Site Acquisition and Development Standing Commission Committee of the Texas National Research Laboratory Commission will meet at the InfoMart Exhibition Hall, Room 6052, Oak Lawn Avenue at Stemmons Freeway, Dallas. According to the agenda summary, the committee will take roll call of members; hear chairman's report-Charles R. Perry; hear staff reports (site development, property management, eminent domain) ; meet in executive session (land acquisition and real estate valuation); reconvene; hear public comment; and adjourn. Contact: Karen L. Chrestay, 1801 North Hampton Road, #400, DeSoto, Texas 75115, (214) 709-3800. Filed: September 10, 1991, 4:29 p.m. TRD-9111200 Wednesday, September 18, 1991, 1:30 p.m. The Texas National Research Laboratory Commission will meet at the InfoMart Exhibition Hall, Room 7014, Oak Lawn Avenue at Stemmons Freeway, Dallas. According to the agenda summary, the commission will convene meeting and take roll call of members; hear public comment; meet in executive session (land acquisition, real estate valuation, consult with legal counsel); hear chairman's report-Jack L. Martin; hear executive director's report-Edward C. Bingler; hear committee reports (finance-Peter O'Donnell; site acquisition and development-Charles Perry); hear public comment; and adjourn. Contact: Karen L. Chrestay, 1801 North Hampton Road, #400, DeSoto, Texas 75115, (214) 709-3800. Filed: September 10, 1991, 4:29 p.m. TRD-9111202 Texas County and District Retirement System Friday, September 27, 1991, 9 a.m. The Board of Trustees of the Texas County and District Retirement System will meet at the Four Seasons Hotel, Austin. According to the agenda summary, the board chairman will open the meeting; minutes of June 21, 1991, regular board meeting will be read; consider and pass on applications for service retirement benefits and disability retirement for TCDRS participation; report from investment performance analyst concerning TCDRS investments performance for the year 1990; consider escheatment of former member accounts; board discussion of proposed rule amendment to 35 TAC sec.103.1; board and staff discussion of proposed resolution regarding board amendment to investment policies review and act on reports from actuary, director, legal council and investment council; and set date of December meeting. Contact: J. Robert Brown, 400 West 14th Street, Austin, Texas 78764-1688, (512) 475-6651. Filed: September 11, 1991, 3:25 p.m. TRD-9111254 School Land Board Tuesday, September 17, 1991, 10 a.m. The School Land Board will meet at the Stephen F. Austin Building, General Land Office, 1700 North Congress Avenue, Room 831, Austin. According to the emergency revised agenda summary, the board will approve the minutes of the previous board meetings; and review and discuss pooling application, Cockrell (Strawn) Field, Parker County. The emergency status was necessary to prevent drainage of state-owned lands. Contact: Linda K. Fisher, 1700 North Congress Avenue, Room 836, Austin, Texas 78701, (512) 463-5016. Filed: September 10, 1991, 4:25 p.m. TRD-9111198 Texas State Soil and Water Conservation Board Wednesday, September 18, 1991, 8 a.m. The Texas State Soil and Water Conservation Board will meet at 311 North Fifth Street, Conference Room, Temple, September 18, 1991, at 8 a.m. According to the complete agenda, the board will review and take appropriate action on the following: minutes from the August 26, 1991 board meeting; district director appointments; review agency rules; 1991 fiscal year expenditure report; report on uniform statewide accounting system; public information/education report; nonpoint source management report; new federal wetland identification manual; 1992 clean water act reauthorization; coastal zone management act; Gulf of Mexico Program; Galveston Bay National Estuary Program; PL 83-566 application for assistance on Upper Leon River; reports from agencies and guests; board member travel; NACD quota; and set next regular board meeting for November 20, 1991. Contact: Robert G. Buckley, P.O. Box 658, Temple, Texas 76503, (817) 773-2250, STS 820-1250. Filed: September 10, 1991, 2:07 p.m. TRD-9111183 Texas Southern University Wednesday, September 25, 1991, 4 p.m. The Building and Grounds Committee of the Board of Regents of Texas Southern University will meet at Texas Southern University, 3100 Cleburne, Hannah Hall, Room 117, Houston. According to the complete agenda, the committee will consider construction change orders; payment to architects, contractors, and engineers; authorization and ratification of contracts and awards; and review of on going construction and current contractual relations. Contact: Everett O. Bell, 3100 Cleburne, Houston, Texas 77004, (713) 529-8911. Filed: September 12, 1991, 9:09 a.m. TRD-9111268 Wednesday, September 25, 1991, 5 p.m. The Development Committee of the Board of Regents of Texas Southern University will meet at Texas Southern University, 3100 Cleburne, Hannah Hall, Room 117, Houston. According to the complete agenda, the committee will consider reports from the administration on university fund raising. Contact: Everett O. Bell, 3100 Cleburne, Houston, Texas 77004, (713) 529-8911. Filed: September 12, 1991, 9:09 a.m. TRD-9111266 Thursday, September 26, 1991, 4 p.m. The Finance Committee of the Board of Regents of Texas Southern University will meet at Texas Southern University, 3100 Cleburne, Hannah Hall, Room 117, Houston. According to the complete agenda, the committee will consider matters relating to financial reporting systems, and budgets; fiscal reports from the administration; investments, and informational items. Contact: Everett O. Bell, 3100 Cleburne, Houston, Texas 77004, (713) 529-8911. Filed: September 12, 1991, 9:09 a.m. TRD-9111269 Wednesday, October 2, 1991, 3 p.m. The Academic Affairs and Personnel Committees of the Board of Regents of Texas Southern University will meet at Texas Southern University, 3100 Cleburne, Hannah Hall, Room 117, Houston. According to the complete agenda, the committees will consider reports on progress of academic activities and programs; and personnel actions. Contact: Everett O. Bell, 3100 Cleburne, Houston, Texas 77004, (713) 529-8911. Filed: September 12, 1991, 9:09 a.m. TRD-9111267 Friday, October 4, 1991, 8:30 a.m. The Board of Regents of Texas Southern University will meet at Texas Southern University, 3100 Cleburne, Hannah Hall, Room 117, Houston. According to the complete agenda, the board will consider minutes; board reorganization; report of the president; reports from board standing committees; reports on student enrollment and academic activities for fall (91) semester; review of student housing and activities; and meet in executive session. Contact: Everett O. Bell, 3100 Cleburne, Houston, Texas 77004, (713) 529-8911. Filed: September 12, 1991, 9:09 a.m. TRD-9111265 Texas State Technical College Monday, September 16, 1991, 10 a.m. The Nominating Committee of the Texas State Technical College met via Teleconference Call-System Building, 3800 Campus Drive, Building 32-01, Waco. According to the complete agenda, the committee will select slate of officers for Texas State Technical College System Board of Regents for Fiscal Year 1992. Contact: Sandra J. Krumnow, 3801 Campus Drive, Waco, Texas 76705, (817) 867-4890. Filed: September 12, 1991, 9:24 a.m. TRD-9111272 University of Houston Monday, September 16, 1991, 2 p.m. The Animal Care Committee of the University of Houston met at the University of Houston, S&R II, Room 201, 4800 Calhoun Boulevard, Houston. According to the agenda summary, the committee discussed and/or acted upon the following: approval of August minutes; renewal protocols; OHP revision; and protocol database computerization. Contact: Julie T. Norris, 4800 Calhoun Boulevard, Houston, Texas 77204, (713) 749-3412. Filed: September 10, 1991, 10:30 a.m. TRD-9111171 University of Texas System, M. D. Anderson Cancer Center Tuesday, September 17, 1991, 9 a.m. The Institutional Animal Care and Use Committee of the University of Texas System, M. D. Anderson Cancer Center will meet at the M. D. Anderson Cancer Center, Conference Room AW7.707, Seventh Floor 1515 Holcombe Boulevard, Houston. According to the agenda summary, the committee will review protocols for animal care and use and modification thereof. Contact: Anthony Mastromarino, Ph.D., U.T., M.D. Anderson Cancer Center, 1515 Holcombe Boulevard, Houston, Texas 77030, (713) 792-3991. Filed: September 11, 1991, 3:17 p.m. TRD-9111253 Texas Water Commission Wednesday, September 11, 1991, 3 p.m. The Texas Water Commission met at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the emergency revised agenda summary, the commission considered various matters within the regulatory jurisdiction of the commission. In addition, the commission considered items previously posted for open meeting and at such meeting verbally postponed or continued to this date. With regard to any item, the commission took various actions, including, but not limited to, scheduling an item in the entirety or for particular action at a future date or time. The emergency status was necessary due to unforeseeable circumstances. Contact: Doug Kitts, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: September 11, 1991, 10:48 a.m. TRD-9111224 Friday, September 20, 1991, 9:30 a.m. The Texas Water Well Drillers Board of the Texas Water Commission will meet at 1700 North Congress Avenue, Room 1149B, Austin. According to the complete agenda, the board will discuss new pump installers rules and regulations; consider continuing education for environmental well drilling; and staff reports. Contact: Larry Persky, 1700 North Congress Avenue, Austin, Texas 78711, (512) 463-8069. Filed: September 11, 1991, 9:45 a.m. TRD-9111220 Friday, September 20, 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: September 10, 1991, 3:04 p.m. TRD-9111191 Wednesday, September 25, 1991, 9 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider various matters within the regulatory jurisdiction of the commission. In addition, the commission will consider items previously posted for open meeting and at such meeting verbally postponed or continued to this date. With regard to any item, the commission may take various actions, including, but not limited to, scheduling an item in the entirety or for particular action at a future date or time. Contact: Doug Kitts, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: September 10, 1991, 3:04 p.m. TRD-9111190 Wednesday, September 25, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider various matters within the regulatory jurisdiction of the commission. In addition, the commission will consider items previously posted for open meeting and at such meeting verbally postponed or continued to this date. With regard to any item, the commission may take various actions, including, but not limited to, scheduling an item in the entirety or for particular action at a future date or time. Contact: Doug Kitts, P.O. Box 13087, Austin, Texas 78711, (512) 463-7905. Filed: September 10, 1991, 3:05 p.m. TRD-9111192 Texas Water Development Board Wednesday, September 18, 1991, 3 p.m. The Audit Committee of the Texas Water Development Board will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 513-F, Austin. According to the complete agenda, the committee will consider approval of the minutes of the July 17, 1991 audit committee meeting; review and consider for adoption the following items: annual plan, including: focus, applicable laws and legislative update, and budget; meetings schedule; and the committee will be briefed on the current projects in progress. (Additional non-committee board members may be present to deliberate but will not vote in the committee meeting. Contact: Craig Pedersen, P.O. Box 13231, Austin, Texas 78711, (512) 463-7847. Filed: September 10, 1991, 3:54 p.m. TRD-9111194 Thursday, September 19, 1991, 9 a.m. The Texas Water Development Board will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the revised agenda summary, the board will consider funding water and wastewater facilities for the Cameron Park Colonia through the economically distressed areas program for the Brownsville Public Utility Board. Contact: Craig Pedersen, P.O. Box 13231, Austin, Texas 78711, (512) 463-7847. Filed: September 11, 1991, 4:14 p.m. TRD-9111260 Thursday, September 19, 1991, 9 a.m. The Texas Water Development Board will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the board will consider minutes; Development Fund Manager's report; Colonia Plumbing Loan Program rules and intended use plan; financial assistance for El Paso County Lower Valley Water District authority, Maverick County, City of Pharr, Hudspeth County, C&RD #1, Trinity River Authority, Roman Forest PUD #3, Greater Texoma Utility Authority, Wilmer, Sutton County UWCD, Ochiltree S&WCD, Terry County S&WCD, and Evergreen UWCD; changes to commitments from Bellaire, Marlin, Runge and Wells; FY 1992 SRF intended use plan and project priority list; 1992-funded project RFPs; Sue Brookmole resolution; commitment extensions for Cities of Red River, Fort Worth, and Fort Bend Flood Control WSC; interagency agreements with UT, General Land Office and Texas Water Commission; fund transfer in Pecos River Compact Accounting; ratifying agreement with Midwestern State University; amendment to Cypress Basin Operating agreement; and discuss personnel and litigation. Contact: Craig Pedersen, P.O. Box 13231, Austin, Texas 78711, (512) 463-7847. Filed: September 11, 1991, 2:54 p.m. TRD-9111247 Texas Water Resources Finance Authority Wednesday, September 18, 1991, 4 p.m. The Finance Committee of the Texas Water Resources Finance Authority will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 513-F, Austin. According to the agenda summary, the committee will consider approval of the minutes of the June 20, 1991 finance committee meeting; and be briefed by bond counsel and may discuss the Texas Water Resources Finance Authority portfolio bond sale. (Additional non-committee board members may be present to deliberate but will not vote in the committee meeting.) Contact: Craig Pedersen, P.O. Box 13231, Austin, Texas 78711, (512) 463-7847. Filed: September 10, 1991, 3:54 p.m. TRD-9111195 Regional Meetings Meetings Filed September 10, 1991 The Austin-Travis County Mental Health and Mental Retardation Center Board of Trustees, Personnel Committee will meet at 1430 Collier Street, Board Room, Austin, September 17, 1991, at 6 p.m. Information may be obtained from Sharon Taylor, P.O. Box 3548, Austin, Texas 78764, (512) 440-4131. TRD-9111203. The Bexar Appraisal District Board of Directors met at 535 South Main Street, San Antonio, September 16, 1991, at 5 p.m. Information may be obtained from Walter Stoneham, 535 South Main Street, San Antonio, Texas 78204, (512) 224-8511. TRD-9111193. The Central Counties Center For Mental Health and Mental Retardation Services Board of Trustees will meet at 304 South 22nd Street, Temple, September 17, 1991, at 7:45 p.m. Information may be obtained from Robert E. Luckey, 304 South 22nd Street, Temple, Texas 76501, (817) 778-4841. TRD-9111173. The Golden Crescent Service Delivery Area Private Industry Council, Inc. met at 2705 Houston Highway, Victoria, September 16, 1991, at 11:30 a.m. Information may be obtained from Sandy Heiermann, 2401 Houston Highway, Victoria, Texas 77901, (512) 576-5872. TRD-9111179. The Golden Crescent Service Delivery Area Private Industry Council, Inc. met at 2705 Houston Highway, Victoria, September 16, 1991, at 5 p.m. Information may be obtained from Sandy Heiermann, 2401 Houston Highway, Victoria, Texas 77901, (512) 576-5872. TRD-9111178. The Golden Crescent Service Delivery Area Private Industry, Inc. will meet at 2705 Houston Highway, Victoria, September 18, 1991, at 6:30 p.m. Information may be obtained from Sandy Heiermann, 2401 Houston Highway, Victoria, Texas 77901, (512) 576-5872. TRD-9111182. The Lamar County Appraisal District Board will meet at the Lamar County Appraisal District Office, 521 Bonham Street, Paris, September 17, 1991, at 5 p.m. Information may be obtained from Joe Welch, 521 Bonham Street, Paris, Texas 75460, (214) 785-7822, TRD-9111177. The Middle Rio Grande Development Council Executive Committee held an emergency meeting at the MRGDC Central Office, 1904 North First Street, Carrizo Springs, September 11, 1991, at 7 p.m. The emergency status was necessary as agenda items needed to be reviewed in order to meet required deadline. Information may be obtained from Michael Patterson, P.O. Box 1199, Carrizo Springs, Texas 78834, (512) 876-3533. TRD-9111199. Meetings Filed September 11, 1991 The Ark-Tex Council of Governments Board of Directors will meet at the Southwest Dairy Museum, Sulphur Springs, September 19, 1991, at 5:30 p.m. Information may be obtained from Elizabeth Lea, P.O. Box 5307, Texarkana, Texas 75505, (903) 832-8636. TRD-9111205. The Comal Appraisal District Board of Directors met at 430 West Mill Street, New Braunfels, September 16, 1991, at 5:30 p.m. Information may be obtained from Lynn Rodgers, P.O. Box 311222, New Braunfels, Texas 78130, (512) 625-8597. TRD-9111239. The Dallas Central Appraisal District Appraisal Review Board will meet at 2949 North Stemmons Freeway, Dallas, September 26, 1991, at 10 a.m. Information may be obtained from Rick L. Kuehler, 2949 North Stemmons Freeway, Dallas, Texas 75247, (214) 631-0520. TRD-9111258. The Deep East Texas Council of Governments Grants Application Review Committee will meet at the Woodville Inn, 201 North Magnolia Street, Woodville, September 19, 1991, at 11 a.m. Information may be obtained from Rusty Phillips, 274 East Lamar Street, Jasper, Texas 75951, (409) 384-5704. TRD-9111206. The Guadalupe-Blanco River Authority Board of Directors will meet at the Authority's Offices at 933 East Court Street, Seguin, September 19, 1991, at 10 a.m. Information may be obtained from John H. Specht, P.O. Box 271, Seguin, Texas 78156-0271, (512) 379-5822. TRD-9111207. The Jack County Appraisal District Board of Directors will meet at 210 North Church Street, JCAD Conference Room, Jacksboro, September 17, 1991, at 7 p.m. Information may be obtained from J. D. Garcia or Donna Hartzell, P.O. Box 958, Jacksboro, Texas 76458, (817) 567-6301. TRD-911208. The Middle Rio Grande Development Council Executive Committee met at the MRGDC Central Office, 1904 North First Street, Carrizo Springs, September 11, 1991, at 7 p.m. The emergency revised agenda was necessary as items needed to be discussed and taken care of in order to meet deadlines. Information may be obtained from Michael Patterson, P.O. Box 1199, Carrizo Springs, Texas 78034, (612) 876-3533. TRD-9111246. The Wood County Appraisal District Board of Directors will meet at 217 North Main Street, Conference Room, Wood County Appraisal District, Quitman, Texas 75783, (903) 763-4891. TRD-9111255. Meetings Filed September 12, 1991 The East Texas Council of Governments Board of Directors will meet at Warrick's Restaurant, Pittsburg, September 19, 1991, at 7:30 p.m. Information may be obtained from Glynn Knight, 3800 Stone Road, Kilgore, Texas 75662, (903) 984-8641. TRD-9111273. The Education Service Center Region XI Board of Directors will meet at the Education Service Center, Region XI, 3001 North Freeway, Fort Worth, September 24, 1991, at noon. Information may be obtained from R. P. Campbell, Jr. , 3001 North Freeway, Fort Worth, Texas 76106, (817) 625-5311. TRD-9111263. The Heart of Texas Council of Governments Executive Committee will meet at 300 Franklin Avenue, HOTCOG Board Room, Waco, September 19, 1991, at 10 a.m. Information may be obtained from Mary McDow, 300 Franklin Avenue, Waco, Texas 76701, (817) 756-7822. TRD-9111270. The Heart of Texas Council of Governments Private Industry Council will meet at 300 Franklin Avenue, HOTCOG Board Room, Waco, September 19, 1991, at 5:30 p.m. Information may be obtained from Mary McDow, 300 Franklin Avenue, Waco, Texas 76701, (817) 756-7822. TRD-9111271. The San Antonio River Authority Board of Directors will meet at the SARA General Office, 100 East Guenther Street, San Antonio, September 18, 1991, at 2 p.m. Information may be obtained from Fred N. Pfeiffer, P.O. Box 830027, San Antonio, Texas 78282-0027. TRD-9111264. ISSUE OF September 17, 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 State Board of Public Accountancy Consultant Proposal Request In accordance with Texas Civil Statutes, Article 6252-11c, The Texas State Board of Public Accountancy (TSBPA) requests proposals for consulting services. Description of Services: The board invites individual certified public accountants to offer their part-time services, to evaluate and identify specific technical issues in audited financial statements and to prepare related reports and recommendations for board committees. Individuals must meet the following minimum requirements: must hold a current Texas license as a Certified Public Accountant in good standing; and have served at the senior manager or partner level of a CPA firm; and have no less than 10 years in public practice in the accounting and auditing function at a senior level (manager or partner); partner preferred. Term of Contract: It is anticipated that the contract will begin October 15, 1991 and end August 31, 1992. The total amount awarded will not exceed $24,000. Evaluation and Selection: The Texas State Board of Public Accountancy intends to award the contract to the previous private consultants unless a better offer is submitted. The previous contracts were awarded to the following two people at a contract price of $105 per hour for which the board was provided expert witness testimony and evaluations of audit work after having received proposals from both consultants: Ken Skrabanek, 20815 Apache Trails, Crosby, Texas 77532; William M. Schuh, 101 Mossey Cup, San Antonio, Texas 78231. The board will evaluate each proposal and may then award a contract based upon cost, and the proposer's demonstrated competence, capabilities, knowledge, and qualifications for the expected services. The proposal should include a resume of relevant engagements, a proposed budget specifying consultant Cost on an hourly basis, out-of-pocket expenses to be charged, and a not-to-exceed budget. Contact Person: For additional information contact William Treacy, Executive Director, 1033 La Posada, Suited 340, Austin, Texas 78752-3892, (512) 450-7001. Closing Date: The closing date for receiving proposals is October 7, 1991. Issued in Austin, Texas, on September 6, 1991. TRD-9111176 William Treacy Executive Director Texas State Board of Public Accountancy Filed: September 10, 1991 For further information, please call: (512) 450-7001 Office of the State Auditor Consultant Proposal Request Notice of Invitation for Proposal. Pursuant to Texas Civil Statutes, Article 6252-11c, the State Auditor announces this consultant proposal request to conduct a peer review of the audit processes and procedures of the State Auditor. The consulting service requested herein is a continuation of services previously performed by the National State Auditor's Association, and is part of a reciprocal agreement whereby personnel from state audit agencies periodically examine the quality control policies and procedures used by other states when performing audits of state agencies and institutions, in order to ensure compliance with recognized audit standards. Under the terms of the State Auditor's reciprocal agreement with the National State Auditor's Association, no professional fees will be charged for performance of peer review services. However, the National State Auditor's Association would be reimbursed for travel, lodging, and miscellaneous expenses incurred by personnel of state audit agencies in conducting the peer review, and would also receive a $2,500 fee to cover administrative expenses. It is presently estimated that total liabilities under the proposed contract will not exceed $21,000. The State Auditor's Office consider the National State Auditor's Association to be uniquely qualified to perform the requested peer review services. Accordingly, as provided by Article 6252-11c, sec.5(b), as amended, the State Auditor intends to award the contract to the National State Auditor's Association unless a better offer is submitted, cost and other factors being considered. Additional Information. Additional information concerning the proposed services may be obtained by submitting a written request to: State Auditor, P.O. Box 12067, Austin, Texas 78711, Attention: Sharon W. Leggett. Any such request for information must specifically reference this proposal request and must be received no later than October 1, 1991. All proposals submitted in response to this request must be hand delivered or sent by certified mail, and must be received by certified mail, and must be received by the State Auditor's Office no later than 5 p.m. on October 15, 1991. General Information. The State Auditor reserves the right to accept or reject any proposals submitted. The information contained in this proposal request is intended to serve as a general description of the services desired by the State Auditor, and shall serve as a basis for further negotiation of specific project details. Issuance of the proposal request in no way obligates the State Auditor to award a contract or to pay any costs incurred in the preparation of a response to this proposal request. Contact Person. Any inquiries concerning this proposal request should be made in writing to: Sharon W. Leggett, First Assistant State Auditor, P.O. Box 12067, Austin, Texas, 78711. Issued in Austin, Texas, on September 10, 1991. TRD-91111219 Lawrence F. Alwin, CPA State Auditor Office of the State Auditor Filed: September 11, 1991 For further information, please call: (512) 479-4990 State Banking Board Notice of Hearing Cancellation As no opposition has been noted in the application for domicile change by the Community Bank, Wellington, the hearing previously scheduled for Wednesday, September 18, 1991, has been cancelled. Issued in Austin, Texas, on September 9, 1991. TRD-9111184 William F. Aldridge Director of Corporate Affairs Texas Department of Banking Filed: September 10, 1991 For further information, please call: (512) 475-1317 Texas Department of Commerce Request for Proposal The Economic Dislocation and Worker Adjustment Act (EDWAA) which amended Title III of JTPA, was enacted to provide effective and productive job training and employment services to persons experiencing employment dislocation due to down-turns in the local labor market and/or structural shifts in the general economy. EDWAA seeks to provide comprehensive coverage to workers regardless of the cause of dislocation, to provide early referral from their unemployment insurance system to adjustment services, to emphasize retraining and reemployment services rather than income support, to create an ongoing substate capacity to deliver adjustment services, and to tailor services to meet the needs of individuals. In accordance with the Job Training Partnership Act (JTPA), Public Law 97-300 (as amended), the Texas Department of Commerce (Commerce) announces a Request for Proposals (RFP) to identify vendors to operate State-Wide Rapid Response and Basic Readjustment Services for in Texas. Detailed information regarding the project format is set forth in the Request for Proposal Instructions which will be available on September 10, 1991, at the following location: Texas Department of Commerce, Work Force Development Division, First City Centre, 816 Congress Avenue, Suite 1300, P.O. Box 12728, Austin, Texas 78711. The deadline for receipt of proposals in response to this request will be Friday, October 4, 1991, at 4 p.m. (CST). Responses received after this deadline will not be considered. Commerce reserves the right to accept or reject any or all proposals submitted. Commerce is under no legal requirement to execute a resulting contract on the basis of this advertisement and intends the material provided only as a means of identifying the various contractor alternatives. Commerce intends to use responses as a basis for further negotiation of specific project details with potential contractors. Commerce will base its choice on demonstrated competence, qualifications, and evidence of superior conformance with criteria. This RPF does not commit Commerce to pay any costs incurred prior to execution of a contract. Issuance of this material in no way obligates Commerce to award a contract or to pay any costs incurred in the preparation of a response. Commerce specifically reserves the right to vary all provisions set forth any time prior to execution of a contract where Commerce deems it to be in the best interest of the State of Texas. For further information regarding this notice, or to obtain copies of the RFP Instructions, please contact: Harold Stone, Texas Department of Commerce, Work Force Development Division, First City Centre, 816 Congress Avenue, Suite 1300, P.O. Box 12728, Austin, Texas 78711, (512) 320-9800 ext. 1839. Issued in Austin, Texas, on September 10, 1991. TRD-9111221 Cathy Bonner Interim Executive Director Texas Department of Commerce Filed: September 11, 1991 For further information, please call: (512) 320-9666 Texas Department of Health Notice of Intent to Revoke Certificates of Registration Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 TAC sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Dental Technologies, Houston, R15639; Inwood Familicare Health Center, Inc., Houston, R13442; Physicians & Surgeons Laboratory, Midland, R02311; Peter J. Faust, D.D.S. , Tyler, R03800; VTI Academy for Veterinary Assistants, Dallas, R07577; The Sullivan Company, Austin, R15486. The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order. This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with David K. Lacker, Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a.m. to 5 p.m. (except holidays). Issued in Austin, Texas, on September 10, 1991. TRD-9111167 Robert A. MacLean, M.D. Deputy Commissioner of Health Texas Department of Health Filed: September 10, 1991 For further information, please call: (512) 835-7000 Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation Notice is hereby given that the Bureau of Radiation Control issued a notice of violation and assessed an administrative penalty to Noel E. Williams, Jr., D. D.S., Lubbock, holder of Certificate of Registration Number R05029. A penalty of $16,500 was assessed the individual for violations of the Texas Regulations for Control of Radiation. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a. m. to 5 p.m. (except holidays). Issued in Austin, Texas, on September 10, 1991. TRD-9111166 Robert A. MacLean, M.D. Deputy Commissioner of Health Texas Department of Health Filed: September 10, 1991 For further information, please call: (512) 835-7000 Texas Department of Transportation Notice of Contract Award The Texas Department of Transportation, Division of Aviation, publishes this notice of a professional engineering consultant contract award pursuant to Texas Civil Statutes, Article 664-4. The consultant proposal request appeared in the December 12, 1990, issue of the Texas Register (15 TexReg 7455). The contract effort will be for professional engineering services for the design and construction administration phases for the following TDA Project: 92/26-2-1, Majors Field Airport. The engineering firm selected to perform these services is Turner Collie & Braden, Inc., 1200 Summit, Suite 600, Fort Worth, Texas 76201. The total value of the contract is $77,000. The contract period starts on August 26, 1991 until the completion of the project. Issued in Austin, Texas, on September 10, 1991. TRD-9111174 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Filed: September 10, 1991 For further information, please call: (512) 463-8630 Texas Water Commission Meeting Notice A meeting of the Management Committee of the Galveston Bay National Estuary Program (GBNEP) is scheduled for: Wednesday, September 18, 1991, 9 a.m., Ramada King's Inn, 1303 NASA Road 1, Webster. Following opening remarks and approval of minutes, a summary of GBNEP activities will be presented by the program staff. The committee will then consider revision/approval of final project reports for, or will hear briefings on the status of the following projects: History of Resource Utilization; Armand Bayou Regulatory Effectiveness; Christmas Bay Regulatory Effectiveness; Bay-Wide Management Survey; Point Source Loading Study; Non-Point Source Loading Study; Ambient Water/Sediment Quality Study; Living Resources Trend Study; Oyster Survey; Survey of Toxicants in Seafood Organisms; Wetland Habitat Survey; Bay Segmentation Study; Socioeconomic Study of Bay Utilization; Hotline Conceptual Development; Data Base Inventory; Information Center; Video: Conflicting Uses of Galveston Bay; and Video: Estuary Ecosystem. The committee will then undertake a characterization report strategy discussion. The committee will then consider an activity and schedule proposal for CCMP Task Force activities. The committee will then undertake a fiscal year 1993 work plan strategy discussion. The committee will then consider approval of a GBNEP representative appointment to the Bay Day Steering Committee. The committee will then consider revision of the GBNEP project review policy. The committee will then hear a briefing on the water conditions work group for Christmas Bay and Armand Bayou. The committee will then consider any other business, a date for the next meeting, and will adjourn. Issued in Houston, Texas, on September 6, 1991. TRD-9111125 Frank S. Shipley Director, Galveston Bay National Estuary Program Texas Water Commission Filed: September 9, 1991 For further information, please call: (713) 283-3950 Notice of Application For Waste Disposal Permit Notice is given by the Texas Water Commission of public notices of waste disposal permit applications issued during the period of September 3-September 6, 1991. No public hearing will be held on these applications unless an affected person has requested a public hearing. Any such request for a public hearing shall be in writing and contain the name, mailing address, and phone number of the person making the request; and a brief description of how the requester, or persons represented by the requester, would be adversely affected by the granting of the application. If the commission determines that the request sets out an issue which is relevant to the waste discharge permit decision, or that a public hearing would serve the public interest, the commission shall conduct a public hearing, after the issuance of proper and timely notice of the hearing. If no sufficient request for hearing is received within 30 days of the date of publication of notice concerning the applications, the permit will be submitted to the commission for final decision on the application. Information concerning any aspect of these applications may be obtained by contacting the Texas Water Commission, P.O. Box 13087, Austin, Texas 78711, (512) 463-7905. Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, permit number, and type of application-new permit, amendment, or renewal. Jerry Damron doing business as Jerry Damron Dairy; Zephyr; a dairy; located on the south side of County Road 323 at the intersection of County Road 300 and County Road 323 in Brown County; 03336; new. Cameron County Fresh Water Supply District Number 1; Port Isabel; wastewater treatment facility; approximately 4,000 feet south of the east end of the Queen Isabella Causeway on the south end of the Padre Island in Cameron County; 10757-01; amendment. City of Fate; wastewater treatment facilities; immediately southeast of the intersection of State Highway 66 and Mosbey Street in the City of Fate in Rockwall County; 11077-01; renewal. Harris County Water Control and Improvement District Number 75; Seabrook; wastewater treatment facilities; approximately 0.2 mile east-southeast of the intersection of Old Kirby Road and Timber Cove Road, 0.6 mile southwest of the intersection of Old Kirby Road and Red Bluff Road, in northern Taylor Lake Village near the cul-de-sac of Elm Street in southeast Harris County; 10106-01; renewal. Jetco Chemicals, Inc.; Corsicana; an organic chemical manufacturing plant; approximately 1.2 miles east of the intersection of State Highway 31 and Interstate Highway 45 in the City of Corsicana, Navarro County; 01667; renewal. City of Newark; wastewater treatment facilities; immediately south of the Newark Beach Road Bridge; about 850 feet west of the intersection of Roger Road and Berke Street in Wise County; 11626-01; renewal. Harold Pack doing business as Harold Pack Dairy; Stephenville; a dairy; approximately one mile south of the intersection of FM Road 914 and FM Road 847 in Erath County; 03335; new. City of Paris; water treatment facilities; approximately one mile west of U.S. Highway 271, directly east of Lake Crook Dam and north of the City of Paris, Lamar County 10479-01; amendment. Rhone-Poulenc Basic Chemicals Company; Houston; an inorganic chemical plant; the plant is at 8615 Manchester in the City of Houston, Harris County; 00542; renewal. RTF Industries, Inc.; Marshall; a metal finishing facility; the plant site is adjacent to Jefferson Road, 100 yards north of Bussey Road and 0.3 mile west of U.S. Highway 59, approximately five miles north of the City of Marshall, Harrison County; 02815; amendment. City of Seagoville; a new wastewater treatment facility; approximately 0.65 of a mile northeast of the intersection of Malloy Bridge Road and U.S. Highway 175, and approximately 0.5 of a mile north of U.S. Highway 175, in Dallas County; 10370-01; amendment. Robert Skov and William Skov doing business as Paso Port Producers; Clint; a swine operation; approximately four miles northwest of the intersection of Interstate Highway 10 and State Highway Spur 148 in Hudspeth County; 03378; new. Texas Department of Highways and Public Transportation; Bryan; wastewater treatment facilities; approximately 8.5 miles north of Huntsville in Walker County; 11325-01; renewal. Guy Viss; Earth; a dairy; approximately two miles west of the intersection of FM Road 2910 and U.S. Highway 70 in Lamb County; 03362; new. Issued in Austin, Texas, on September 9, 1991. TRD-9111149 Laurie J. Lancaster Deputy Chief Clerk Texas Water Commission Filed: September 9, 1991 For further information, please call: (512) 463-7906