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 10. COMMUNITY DEVELOPMENT Part V. Texas Department of Commerce Chapter 176. Enterprise Zone Program 10 TAC sec.176.8 The Department of Commerce (Commerce) adopts an amendment to sec.176.8, concerning the Texas Enterprise Zone Program, without changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4261). Amendment is necessary to implement changes effective September 1, 1991 to the Texas Enterprise Zone Act, Texas Civil Statutes, Article 5190.7, to encourage retention and creation of jobs and investment in enterprise zones. The Amendment adds approval standards for certification of a qualified business that will retain or create new jobs in enterprise zones by enabling implementation of state benefits effective September 1, 1991. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Enterprise Zone Act, Article 5190.7, sec.8(a)(4), which provides the Texas Department of Commerce with the authority to adopt all rules necessary to carry out the purpose of the Texas Enterprise Zone Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 16, 1991. TRD-9111543 Cathy Bonner Interim Executive Director Texas Department of Commerce Effective date: October 10, 1991 Proposal publication date: August 6, 1991 For further information, please call: (512) 472-5059 TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 61. School Districts Subchapter AA. Commissioner's Rules County Education Districts 19 TAC sec.61.1041 The Texas Education Agency (TEA) adopts an amendment to s61.1041, concerning military reservation districts, without changes to the proposed text as published in the August 16, 1991, issue of the Texas Register (16 TexReg 4443). The section clarifies that military reservation districts or other school districts created under the Texas Education Code that do not receive funds under Tier 1 of the Foundation School Program are not entitled to membership on the County Education District Board. In addition, these districts cannot be charged for any county education district expenses. The section was adopted on an emergency basis in the August 16, 1991, issue of the Texas Register (16 TexReg 4439). Justification for the amendment will be the clarification of the relationship of school districts that do not receive funds under Tier 1 of the Foundation School Program and county education district boards. The amendment will function by preventing military reservation districts or other school districts created under the Texas Education Code that do not receive funds under Tier 1 of the Foundation School Program from having membership on the county education district boards or being charged for any county education district expenses. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, s20.943(e), which provides the commissioner of education with the authority to adopt rules relating to the operation and administration of county education districts. This agency hereby certifies that the 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 19, 1991. TRD-9111549 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: October 10, 1991 Proposal publication date: August 16, 1991 For further information, please call: (512) 463-9701 Chapter 78. Vocational and Applied Technology Education Subchapter A. General Provisions 19 TAC sec.78.1 The Texas Education Agency (TEA) adopts an amendment to s78.1, concerning indirect costs for vocational education, without changes to the proposed text as published in the July 12, 1991, issue of the Texas Register (16 TexReg 3823). The Texas Education Code, sec.16.155(f), directs the State Board of Education to establish rules on indirect cost for vocational education to be effective with the 1991-1992 school year. The amendment implements the requirement for allowing indirect costs beginning with the 1991-1992 school year. The amendment allows a maximum of 15% of the state allotment for vocational education to be used for general administrative costs. This is the same percentage as is allowed in all other categorical programs under the Foundation School Program. Justification for the amendment will be compliance with the Texas Education Code, sec.16.155(f), which directs the State Board of Education to establish rules on indirect cost for vocational education to be effective with the 1991- 1992 school year. The amendment will function by allowing school districts the flexibility to allocate a maximum of 15% of the state allotment for vocational education to be used for general administrative costs. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, s16.155(f), which provides the State Board of Education with the authority to establish the indirect cost allotment for vocational education. 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 19, 1991. TRD-9111546 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: October 10, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 463-9701 Chapter 105. Foundation School Program Subchapter D. School Year 19 TAC sec.105.71 The Texas Education Agency (TEA) adopts an amendment to s105.71, concerning days of operation required, without changes to the proposed text as published in the July 12, 1991, issue of the Texas Register (16 TexReg 3823). Senate Bill 351, 72nd Legislature, and other legislation affected the State Board of Education's rule concerning the days of operation of school districts. The amendment reflects the new statutory requirements; eliminates all prior requirements in the rule except for provisions for abbreviated days of instruction, which must be set by the local school board subject to a maximum of six per school year; eliminates the provision calling for a minimum of 175 days of instruction; and changes the title of the rule from "Days of Operation Required" to "Abbreviated Days of Instruction." Justification for the amendment will be school district compliance with legislation included in Senate Bill 351 concerning the days of operation of school districts. The amendment will function by reflecting new statutory requirements; eliminating all prior requirements in the rule except for provisions for abbreviated days of instruction, which must be set by the local school board subject to a maximum of six per school year; eliminating the provision calling for a minimum of 175 days of instruction; and changing the title of the rule from "Days of Operation Required" to "Abbreviated Days of Instruction." No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Education Code, sec.16.052 and sec.21.008, as amended by Senate Bill 351, 72nd Legislature, which provides the State Board of Education with the authority to develop requirements associated with the operation of schools, and teacher preparation and staff development. 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 19, 1991. TRD-9111547 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: October 10, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 463-9701 Chapter 149. Education Personnel Development Subchapter B. Inservice Education 19 TAC sec.149.21 The Texas Education Agency (TEA) adopts an amendment to s149.21, concerning general requirements for inservice education, without changes to the proposed text as published in the July 12, 1991, issue of the Texas Register (16 TexReg 3824). Senate Bill 351, 72nd Legislature, and other legislation affected the State Board of Education's rule concerning inservice education. The amendment reflects new statutory requirements that: change the title from "inservice education" to "staff development;" eliminate portions of the rule that go beyond the law in detailing the use of existing days; modify former subsection (f) concerning approved entities that may sponsor activities for staff development. Justification for the amendment will be school district compliance with legislation included in Senate Bill 351 concerning inservice education. The amendment will function by providing school districts with the new statutory requirements for inservice education. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, s11.208, as amended by Senate Bill 351, 72nd Legislature, which provides the commissioner with the authority to develop guidelines associated with staff development of teachers. 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 19, 1991. TRD-9111548 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: October 10, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 463-9701 TITLE 22. EXAMINING BOARDS Part XII. Board of Vocational Nurse Examiners Chapter 231. Administration Definitions 22 TAC sec.231.1 The Board of Vocational Nurse Examiners adopts an amendment to sec.231.1, concerning definitions, without changes to the proposed text as published in the August 13, 1991, issue of the Texas Register (16 TexReg 4397). The adoption of this amendment allows those definitions deleted to be moved to the proper section of the rules. 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 19, 1991. TRD-9111622 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: October 11, 1991 Proposal publication date: August 13, 1991 For further information, please call: (512) 835-2071 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 313. Athletic Trainers General Requirements and Guidelines 25 TAC sec.sec.313.1-313. 6, 313.8, 313.12, 313.13, 313.15, 313.17, 313.18 The Advisory Board of Athletic Trainers (board) adopts amendments to existing sec.sec.313.1-313.6, 313.8, 313.12, 313.13, 313.15, 313.17, and new sec.313.18, concerning general requirements and quidelines for athletic trainers. Section 313.3 and sec.313.6 are adopted with changes to the proposed text as published in the August 9, 1991, issue of the Texas Register (16 TexReg 4323). Sections 313.1, 313.2, 313. 4, 313.5, 313.8, 313.12, 313.13, 313.15, and 313.17, and new sec.313.18 are adopted without changes and will not be republished. The amendments update the existing sections to assist applicants and licensees in understanding the rules. The changes include: adding procedures to petition for adoption of a rule; adding renewal procedures for active military duty; adding additional course requirements for applicants; changing the apprenticeship requirements for applicants; increasing the fees; amending the requirements for continuing education; and amending the guidelines for acceptable professional conduct. The new section covers the procedures in processing applications for licensure and renewal. No comments were received regarding adoption of the amendments and new section. The board noted editorial errors in sec.313.3(a)(5) and sec.313.6(b)(2), and have requested that these two sections be republished for clarity. The amendments and new section are adopted under Texas Civil Statutes, Article 4512d, sec.5, which provide the Advisory Board of Athletic Trainers with the authority to adopt rules concerning the regulation of athletic trainers. The amendment affects various sections in Article 4512d. sec.313.3. Fees. (a) The schedule of fees of the board is as follows: (1) examination fee-$50; (2) initial licensure fee-$50; (3) renewal fee-$40; (4) temporary license fee-$50; (5) late renewal fee: (A) $65 when renewed on or within 90 days of expiration plus $10 if license certificate must be reissued; (B) $90 when renewed later than 90 days, but less than one year after expiration plus $10 if license certificate must be issued; or (C) $130 when renewed at least one year but less than two years after expiration plus $10 if license certificate must be reissued. (b)-(e) (No change.) (f) If a licensee fails to timely renew his or her license on or after August 1, 1990, because the licensee is or was on active duty with the armed forces of the United States of America serving outside the State of Texas, the licensee may renew the license pursuant to this subsection. (1) Renewal of the license may be requested by the licensee, the licensee's spouse, or an individual having power of attorney from the licensee. The renewal form shall include a current address and telephone number for the individual requesting the renewal. (2) Renewal may be requested before or after expiration of the license. (3) A copy of the official orders or other official military documentation showing that the licensee is or was on active duty serving outside the State of Texas shall be filed with the board along with the renewal form. (4) A copy of the power of attorney from the licensee shall be filed with the board along with the renewal form if the individual having the power of attorney executes any of the documents required in this subsection. (5) A licensee renewing under this subsection shall pay the renewal fee, but not the late renewal fee. (6) A licensee renewing under this subsection shall not be required to submit any continuing education hours if continuing education is required to be shown for the renewal. If the licensee is not at the end of his or her three year continuing education period, the licensee will be required to comply with the continuing education requirements at the end of the three-year period. sec.313.6. Apprenticeship Requirements. (a) (No change.) (b) Applicants for examination must satisfactorily complete an apprenticeship in athletic training approved by the board. (1) The apprenticeship guidelines for applicants qualifying under the Act, sec.9(1), are as follows. (A) The program shall be a minimum of three academic years (fall- spring semesters) under the direct supervision of and on the same campus as the college or university's full-time Texas licensed athletic trainer, or if out-of-state, the college or university's full-time NATA certified or state licensed trainer. The full-time athletic trainer must be an employee of the college or university and shall not be an outside consultant or independent contractor. A total of 1,800 clock hours are required. (B) The apprenticeship shall be fulfilled while enrolled as a student at the college or university where the apprenticeship is being served. (C) The apprenticeship must be a minimum of 600 clock hours per academic year under the direct supervision of the Texas licensed athletic trainer or if out- of-state, the NATA certified or state licensed trainer, on the field and in the training rooms used for clinical and rehabilitative purposes by the school's intercollegiate athletes. The apprenticeship must offer work experiences in a variety of sports, and include instruction by the supervising trainer in physical rehabilitations, use of modalities, emergency care, and prevention of injuries. Hours in excess of 600 per year are not cumulative. Hours in the classroom do not count toward apprenticeship hours. (2) The apprenticeship guidelines for applicants qualifying under the Act, sec.9(2) and (3) are as follows. (A) The program shall be a minimum of 720 hours over a two year period under the direct supervision of and on the same campus as the college or university's full-time Texas licensed athletic trainer or if out-of-state, the college or university's full-time NATA certified or state licensed trainer. It must include a minimum of 360 hours per year. Only hours accumulated in fall or spring semesters shall be counted. Hours in excess of 360 per year are not cumulative. (B) Actual working hours shall include a minimum of 20 hours per week during each fall semester. A fall semester may include all pre-season practice sessions immediately preceding the opening of school. (C) The apprenticeship shall be completed at a college or university acceptable to the board. It must be served on the field and in the training rooms used for clinical and rehabilitative purposes by that school's student athletes and offer work experiences in a variety of sports. Hours in the classroom do not count toward apprenticeship hours. (3) (No change.) (c) A person who before the effective date of this section has received approval from the board for an apprenticeship as an athletic trainer is eligible for a license if the person: (1) successfully completes the apprenticeship program in conformance with the rules in effect at the time of the approval; (2) satisfactorily completes the examination administered by the board; (3) pays the required license fee; (4) and has not committed an act that constitutes ground for denial of a license. 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 19, 1991. TRD-9111538 James Glenn "Ken" Murray Chairman Advisory Board of Athletic Trainers Effective date: October 10, 1991 Proposal publication date: August 9, 1991 For further information, please call: (512) 459-2952 TITLE 31. NATURAL RESOURCE AND CONSERVATION Part II. Parks and Wildlife Department Chapter 65. Fisheries and Wildlife Subchapter O. Late Season Migratory Game Bird Proclamation 31 TAC sec.sec.65.331-65.333, 65.335 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing held August 29, 1991, adopts amendments to 31 TAC sec.sec.65.331-65.333, and 65.335, concerning the Late Season Migratory Game Bird Proclamation, with changes to the proposed text as published in the May 21, 1991, issue of the Texas Register (16 TexReg 2821). The changes were made to: 65.332(c) which changes the word "firearms" to the word "shotguns" in text that prohibits possession of shot other that nontoxic shot for taking waterfowl; sec.65.333(b)(1) (B) which permits duck hunting during the Thanksgiving weekend; sec.65.333(b)(2) (A) which extends goose hunting west of U. S. Highway 81 for one additional week; sec.65.333(b)(2)(B) which added text that permits only Canada geese (of the dark geese species) to be taken for one additional week with a daily bag limit of two; and sec.65.335(b)(2)(A) which changes the extended falconry season beginning date for geese from October 19 to October 12. The adopted rules are based upon studies which track trends in relative abundance if the various waterfowl species and regulate the taking of migratory game birds consistent with their populations which maintains viable waterfowl populations for future seasons. The amendments provide maximum hunter opportunity without adverse hunting pressure upon the resource. The amendments as adopted are based upon scientific studies and investigations and permit the taking of migratory game birds consistent with their populations. A total of eight letters and 10 telephones calls were received concerning the proposed late season migratory game bird rules. Comments concerning the proposed rules included the following: to include the Thanksgiving week for duck hunting, changes in the falconry season dates, changes in the sandhill crane hunting zones, and early closing of the woodcock season. Texas Hawking Association requests falconry season to open November 16. The commission adopted the early season on ducks to include the Thanksgiving weekend. The commission disagreed with several of the comments received because they were judged not to be compatible with management of the resource. Comments for changes in the falconry season were divided and the commission adopted the staff recommendation. Evidence of population distribution was insufficient to modify sandhill crane hunting zones. The commission adopted staff recommendations concerning length of woodcock season. The amendments are adopted under the Texas Parks and Wildlife Code, Chapter 64, Subchapter C, which provides the Texas Parks and Wildlife Commission with authority to regulate seasons, means, methods, and devices for taking and possessing migratory game bird wildlife resources. sec.65.331. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Nontoxic shot-Any shot-type that does not cause sickness and death when ingested by migratory birds as determined by criteria established under Code of Federal Regulations, Title 50, Chapter 1, sec.20.134. The only nontoxic shot currently approved by the director, United States Fish and Wildlife Service, is steel shot, including copper and/or nickel-plated steel shot. sec.65.332. Means, Methods, and Special Requirements. (a) (No change.) (b) The following means and methods are unlawful in the taking of migratory game birds: (1)-(7) (No change.) (8) by the means or aid of motor-driven land, water, or air conveyance or sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird; and (9) (No change.) (c) No person may possess shotgun shells containing any shot material, or loose shot for muzzleloading shotguns, other than nontoxic shot as defined in sec.65.311 of this title (relating to Definitions) while taking or killing or attempting to take or kill waterfowl (ducks, geese, brant, and coots) anywhere in Texas, including the shooting of privately owned pen reared and banded mallards on licensed private bird hunting areas. (d) Nothing in these sections applies to persons taking birds pursuant to lawful collection or depredation permits when operating within the terms of such permits. (e) Tagging requirements. (1) No person shall possess more than one daily bag limit of freshly killed migratory game birds while in the field or while returning from the field to one's hunting camp, automobile or other motor-driven land conveyance, aircraft, temporary lodging facility, permanent residence or commercial processing facility. (2) No person shall give, put, or leave any migratory game birds at any place or in the custody of another person or receive, possess, or give to another any freshly killed migratory game bird as a gift, except at the permanent residence of the donor or donee, unless the birds are tagged by the hunter with the following information: (A) the hunter's signature; (B) the hunter's address; (C) the total number of each species of birds involved; and (D) the dates such birds were killed. (3) Tagging is required if the transfer or receipt of birds constitutes a number of birds in excess of the daily bag or possession limit, the birds are being transported by another person for the hunter, or if the birds have been left for cleaning, storage (including temporary storage), shipment, or taxidermy services. (f) The following identification requirements must be met. (1) One fully feathered wing must remain attached to all migratory game birds while being transported by any means from Mexico into Texas and must remain attached until reaching the final destination as defined in sec.65.331 of this title (relating to Definitions). (2) One fully feathered wing must remain attached on dressed migratory game birds while being transported between the place where taken and the final destination as defined in sec.65.331 of this title (relating to Definitions). (3) Paragraph (2) of this subsection does not apply to doves except in the south zone and the special white-winged dove area at all times. (g) Importation of migratory game birds. (1) Documentation required. It is unlawful to import or possess migratory game birds taken in another state or country unless a verification document accompanies the wildlife. Documentation is required if: (A) the species is required to be tagged in this state; (B) the number possessed exceeds the possession limit in this state; and (C) the size limits do not comply with size limits in this state. (2) Legible document required. A separate legible document is required for each species and must contain: (A) license number from the state or country where the wildlife was taken; (B) number and species of wildlife taken; (C) location wildlife was taken (nearest town, county, parish, name of area such as landowner's name, public hunting area name); and (D) signature, printed name, address, and telephone number of person verifying where wildlife was taken. (3) Substitute for verification document. In lieu of this verification document, a statement from the United States Customs Officer at the port of entry showing that the wildlife was brought from Mexico is required. (4) Defense to prosecution. It is a defense to prosecution if the person receiving the wildlife resource does not exceed any possession limit or possess a wildlife resource or a part of a wildlife resource that is required to be tagged if the wildlife resource or part of the wildlife resource is tagged. sec.65.333. Open Seasons. (a) (No change.) (b) The season is closed on migratory game birds on public roads and highways, or rights-of-way of public roads and highways; the state-owned riverbeds in Dimmit, Uvalde, and Zavala Counties, including, but not limited to, the Nueces and Frio Rivers; and state wildlife preserves and sanctuaries, unless an open season is otherwise provided. The open seasons for the taking of migratory game birds on any federal wildlife refuge shall be in accordance with the special hunting regulations duly adopted and published by the United States Fish and Wildlife Service. (1) Ducks, coots, and mergansers: open seasons. (A) High Plains Mallard Management Unit: November 16, 1991-January 5, 1992, from 1/2 hour before sunrise to sunset in that portion of Texas lying west of a line from the international toll bridge at Del Rio, thence northward following U. S. Highway 277 through San Angelo to Abilene, thence along State Highway 351 from Abilene to Albany and U.S. Highway 283 from Albany to Vernon, thence easterly along U.S. Highway 183 to the point of intersection with the Texas- Oklahoma state line in Wilbarger County. (B) Remainder of the state: November 23-December 1, 1991 and December 7, 1991- January 5, 1992, from 1/2 hour before sunrise to sunset. (C) Special provision: The season is closed on canvasbacks. (2) Geese. (A) West of U.S. Highway 81: October 12, 1991-January 26, 1992. (B) East of U.S. Highway 81: Light goose species (snow, blue, and Ross'), November 9, 1991-February 16, 1992. Dark goose species (Canada, black-brant, and white-fronted) November 9, 1991-January 19, 1992. Canada Geese only, January 20- 26, 1992. During the period January 20-26, 1992 the Canada goose bag limit is two per day. Possession limit is twice the daily bag limit. (C)-(D) (No change.) (3)-(4) (No change.) (5) Woodcock. November 28 for 65 consecutive days from 1/2 hour before sunrise to sunset. sec.65.335. Extended Falconry Season. (a) (No change.) (b) It is lawful to take migratory game birds during the following prescribed open seasons. (1) Ducks, coots, and mergansers. November 16, 1991, for 107 consecutive days from 1/2 hour before sunrise to sunset. (2) Geese. (A) West of U.S. Highway 81: October 12, 1991, for 107 consecutive days from 1/2 hour before sunrise to sunset. (B) East of U.S. Highway 81: November 9, 1991, for 107 consecutive days from 1/2 hour before sunrise to sunset. (3) Sandhill cranes. October 26, 1991, for 107 consecutive days from 1/2 hour before sunrise to sunset in that portion of Texas lying west of a line beginning at the international toll bridge at Brownsville, thence north and east along U.S. Highway 77 to its junction with U.S. Highway 87 at Victoria, thence eastward along U.S. Highway 87 to its junction with Farm Road 616 at Placedo, thence northeast along Farm Road 616 to its junction with State Highway 35, thence northeast along State Highway 35 to its junction with State Highway 6 at Alvin, thence west and north along State Highway 6 to its junction with U.S. Highway 290, thence westward along U.S. Highway 290 to its junction with Interstate Highway 35 at Austin, thence north along Interstate Highway 35 (following 35 West through Fort Worth) to the Texas-Oklahoma state line. Special provision: sec.65.333(b)(3)(D) of this title (relating to Open Seasons), concerning sandhill crane permits applies. (4) Common snipe (Wilson's snipe or jacksnipe). October 26, 1991, for 107 consecutive days from 1/2 hour before sunrise to sunset. (5) Woodcock. October 26, 1991, for 107 consecutive days from 1/2 hour before sunrise to sunset. (c)-(d) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on September 19, 1991. TRD-9111554 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: October 10, 1991 Proposal publication date: May 21, 1991 For further information, please call: 1-800-792-1112, ext. 4578 or (512) 389- 4578 Chapter 355. Research and Planning Fund Subchapter A. Research and Planning General Policy The Texas Water Development Board (the board) adopts the repeal of sec.sec.355. 1, 355.10-355.19, 355.31-355.40, 355.51-355.60, relating to regional water supply and wastewater planning, flood protection planning and water research under the research and planning fund and the repeal of sec.sec.355.70-355.80, relating to facility engineering in economically distressed areas, and adopts new 31 TAC sec.sec.355.1-355.11, Subchapter A, concerning general application procedures for water supply and wastewater planning, flood protection planning and water research under the research and planning fund and sec.sec.355.70- 355.77, Subchapter B, concerning rules relating to facility engineering in economically distressed areas without changes to the proposed text as published in the June 14, 1991, issue of the Texas Register (16 TexReg 3242). The new sections reflect the board's policy to expedite the applications process for its financial programs. The board has restructured the rules relating to its research and planning fund into two subchapters. Subchapter A reflects the general application procedures to obtain funding for water supply and wastewater planning, flood protection planning and water research. The new sections in Subchapter A simplify the application and approval process while eliminating unnecessary and redundant provisions. Certain required information previously included in the rules will be reflected in application forms and guidelines. The previous sections required execution of a contract within 90 days of board action approving an application. The new sections allow the board to set different time periods for each commitment. Subchapter B pertains to the board's economically distressed areas program. Subchapter B governs funding from either the research and planning fund or the development fund for facility engineering in economically distressed areas. The rules have been rewritten to simplify the application and approval process. Several substantive changes also have been adopted. Under the provisions of sec.355.72(3), an applicant for facility engineering assistance must have any required certificate of public convenience and necessity (CCN) to serve the project area. If the application is for facility plan assistance without plans and specifications, and the area to be served does not have a holder of a CCN, the applicant need only have applied for a CCN before filing an application with the board. The intent of this change is to save time and expense where the applicant does not have a chance of obtaining a legal right to serve the area. The new Subchapter B revisions also eliminate the priority rating system, and the system of board solicitation of applications from designated regions. This essentially opens the applications process to a first come first served basis. In light of the more strict proposal to require evidence of a CCN before an application is accepted, the board likely would receive fewer applications for competing funds, with resulting applications being those most likely to proceed to construction, thus eliminating the need for a priority rating system. The priority rating system also is not as useful at the current stage of economically distressed areas facility planning as at the initial stages of the program. The proposed sections also eliminate a previous preference expressed for regional facilities. It is not the board's intent to abandon emphasis on regionalization; however, the board seeks through economically distressed areas funding to fund the least-cost solution to provide service without overriding social or environmental concerns. In most cases the board expects this will be through regional system, unless the regional system is not the least expensive alternative. No comments were received regarding adoption of the sections. 31 TAC sec.355.1 The repeal of the section is adopted under the authority of Texas Water Code, sec.6.101, and the Texas Water Code, Chapter 15, Subchapter F, which require the board to adopt rules necessary to carry out the powers and duties of the board and of various programs of the research and planning fund. 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 16, 1991. TRD-9111653 Suzanne Schwartz General Counsel Texas Water Development Board Effective date: October 11, 1991 Proposal publication date: June 14, 1991 For further information, please call: (512) 463-7981 31 TAC sec.sec.355.1-355.11 The new sections are adopted under the authority of the Texas Water Code, sec.6. 101, and the Texas Water Code, Chapter 15, Subchapter F, which require the board to adopt rules necessary to carry out the powers and duties of the board and of various programs of the research and planning fund. 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 4, 1991. TRD-9111658 Suzanne Schwartz General Counsel Texas Water Development Board Effective date: October 11, 1991 Proposal publication date: June 14, 1991 For further information, please call: (512) 463-7981 Regional Water Supply and Wastewater Planning 31 TAC sec.sec.355.10-355.19 The repeals are adopted under the authority of the Texas Water Code, sec.6.101, and the Texas Water Code, Chapter 15, Subchapter F, which require the board to adopt rules necessary to carry out the powers and duties of the board and of various programs of the research and planning fund. 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 16, 1991. TRD-9111654 Suzanne Schwartz General Counsel Texas Water Development Board Effective date: October 11, 1991 Proposal publication date: June 14, 1991 For further information, please call: (512) 463-7981 Flood Protection Planning 31 TAC sec.sec.355.31-355.40 The repeals are adopted under the authority of the Texas Water Code, sec.6.101, and the Texas Water Code, Chapter 15, Subchapter F, which require the board to adopt rules necessary to carry out the powers and duties of the board and of various programs of the research and planning fund. 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 16, 1991. TRD-9111655 Suzanne Schwartz General Counsel Texas Water Development Board Effective date: October 11, 1991 Proposal publication date: June 14, 1991 For further information, please call: (512) 463-7981 Water Research 31 TAC sec.sec.355.51-355.61 The repeals are adopted under the authority of Texas Water Code, sec.6.101, and the Texas Water Code, Chapter 15, Subchapter F, which require the board to adopt rules necessary to carry out the powers and duties of the board and of various programs of the research and planning fund. 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 16, 1991. TRD-9111656 Suzanne Schwartz General Counsel Texas Water Development Board Effective date: October 11, 1991 Proposal publication date: June 14, 1991 For further information, please call: (512) 463-7981 Subchapter A. Economically Distressed Areas Research and Planning Facility Engineering in Economically Distressed Areas 31 TAC sec.sec.355.70-355.80 The repeals are adopted under the authority of Texas Water Code, sec.6.101, and the Texas Water Code, Chapter 15, Subchapter F, which require the board to adopt rules necessary to carry out the powers and duties of the board and of various programs of the research and planning fund. 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 16, 1991. TRD-9111657 Suzanne Schwartz General Counsel Texas Water Development Board Effective date: October 11, 1991 Proposal publication date: June 14, 1991 For further information, please call: (512) 463-7981 Subchapter B. Economically Distressed Areas Facility Engineering 31 TAC sec.sec.355.70-355.77 The new sections are adopted under the authority of Texas Water Code, sec.6. 101 and the Texas Water Code, Chapter 15, Subchapter F, which require the board to adopt rules necessary to carry out the powers and duties of the board and of various programs of the research and planning fund. 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 4, 1991. TRD-9111659 Suzanne Schwartz General Counsel Texas Water Development Board Effective date: October 11, 1991 Proposal publication date: June 14, 1991 For further information, please call: (512) 463-7981 Part X. Texas Water Development Board Chapter 370. Colonia Plumbing Loan Program 31 TAC sec.370.1, sec.370.2 The Texas Water Development Board (board) adopts new sec. s370.1, 370.2, 370. 21-370.35, 370.41-370.43, 370.51-370.53, and 370.61. Section 370.24 is adopted with changes to the proposed text as published in the July 12, 1991, issue of the Texas Register (16 TexReg 3826). Sections 370.1, 370.2, 370.21-370.23, 370.25-370.35, 370.41-370.43, 370.51-370.53, and 370.61 are adopted without changes and will not be republished. The new sections enable the board to provide funding assistance to political subdivisions which will, in turn, allow the political subdivisions to provide low-interest plumbing improvement loans to colonia residents. Section 370.1 and sec.370.2 define the scope of the new chapter and provide definitions. Sections 370.21-370.35 establish a special revolving loan fund to benefit residents of colonias for plumbing improvement in federally designated counties; provide a maximum amount of funds available to eligible political subdivisions; state the standards and criteria for eligible improvements and political subdivision eligibility to participate in the program; state the maximum interest rate and term of loans to residents; define the responsibility of the borrower political subdivision for repayment of loan programs funds; set eligibility requirements for residents who apply for loans; require the borrower to use reasonable means to collect payments on loans from individuals; state that, to the extent the borrower is unable to collect payments on its colonia plumbing loans, the borrower is not obligated to repay a colonia plumbing loan; require adoption by the political subdivision of a water conservation and drought contingency plan before release of funds; require the adoption of local program operating procedures and establishment of a separate account for the administration of programs funds; outline criteria for disbursing program funds and labor standards; and provide for program inspection and require a program audit. Section 370.24(a)(5) was modified to reflect the fact that, although loans are available for retro-fitting existing plumbing with low-flow fixtures, priority will be given to the funding of plumbing fixtures where those do not exist. Sections 370.41-370.43 require information that is required on all loan applications to the board, reserve the right to return any application deemed insufficient, and state the procedures for scoring and ranking applications. Sections 370.51-370.53 provide for board action on applications and authorize the board, at the direction of the governor, to transfer unused funds and repayment amounts to the state water pollution control revolving fund. Section 370.61 would require an audit after a borrower's repayment to the board. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Water Code, s6.101 and sec.15. 737, which provides the board with the general authority to adopt rules necessary to carry out its powers and duties and with authority to adopt rules relating to the plumbing loan improvement program. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 20, 1991. TRD-9111647 Suzanne Schwartz General Counsel Texas Water Development Board Effective date: October 11, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 463-7981 Policy Declarations 31 TAC sec.sec.370.21-370.35 The new sections are adopted under the Texas Water Code, s6.101 and sec.15. 737, which provides the board with the general authority to adopt rules necessary to carry out its powers and duties and with authority to adopt rules relating to the plumbing loan improvement programs. sec.370.24. Eligible Plumbing Improvements. (a) Loans may be made for: (1) connecting residences to water distribution systems; (2) providing yard service connections; (3) providing in-door plumbing facilities, including bathroom sink, shower, and bathtub, all of which must have low-flow shower head, hot water heater, kitchen sink, and low-flow toilet; (4) connecting residents to sewer collection systems, or providing suitable on- site wastewater disposal systems to enable such residences to meet applicable county or city code requirements; (5) retrofitting existing plumbing with low-flow fixtures, provided that priority will be given to funding plumbing fixtures where those do not currently exist; (6) correcting deficiencies in residences that lack an adequate foundation, walls, and roof for a bathroom, as a part of the plumbing improvements; and (7) paying any necessary connection fees, design costs, and applicable permit fees. (b) All work must be completed according to local building and plumbing codes and other applicable regulations. In areas that lack plumbing codes, improvements must be made to meet the standards of the Southern Plumbing Code. In areas that lack building codes, improvements must be made to meet the standards of the Southern Building Code. All plumbing improvements must be done by licensed plumbers. Any required design work must be performed by a registered engineer. 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 20, 1991. TRD-9111649 Suzanne Schwartz General Counsel Texas Water Development Board Effective date: October 11, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 463-7981 Applications to the Board 31 TAC sec.sec.370.41-370.43 The new sections are adopted under the Texas Water Code, s6.101 and sec.15. 737, which provides the board with the general authority to adopt rules necessary to carry out its powers and duties and with authority to adopt rules relating to the plumbing loan improvement 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 20, 1991. TRD-9111650 Suzanne Schwartz General Counsel Texas Water Development Board Effective date: October 11, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 463-7981 Formal Action By the Board 31 TAC sec.sec.370.51-370.53 The new sections are adopted under the Texas Water Code, s6.101 and sec.15. 737, which provides the board with the general authority to adopt rules necessary to carry out its powers and duties and with authority to adopt rules relating to the plumbing loan improvement 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 20, 1991. TRD-9111651 Suzanne Schwartz General Counsel Texas Water Development Board Effective date: October 11, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 463-7981 Close Out Procedures 31 TAC sec.370.61 The new section is adopted under the Texas Water Code, s6.101 and sec.15. 737, which provides the board with the general authority to adopt rules necessary to carry out its powers and duties and with authority to adopt rules relating to the plumbing loan improvement 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 20, 1991. TRD-9111652 Suzanne Schwartz General Counsel Texas Water Development Board Effective date: October 11, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 463-7981 Texas Department of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's note: As required by the Insurance Code, Article 5.96 and Article 5.97, the Register publishes notices of actions taken by the State Board of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure and Texas Register Act, and the final actions printed in this section have not been previously published as proposals. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the State Board of Insurance, 333 Guadalupe, Austin.) The State Board of Insurance has adopted amendments to the Texas Automobile Manual. The board has adopted physical damage rating symbols for certain 1992 model private passenger automobiles. The symbols adopted were developed from manufacturer list price data and adjusted in accordance with the prescribed vehicle series rating rule contained in the Symbol and Identification Section of the Texas Automobile Manual for 1990 models and subsequent models. The amendments are to be effective on the 60th day after notice of this action is published in the adopted rule section of the Texas Register. 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 19, 1991. TRD-9111544 Angelia Johnson Assistant Chief Clerk Texas Department of Insurance Effective date: November 26, 1991 For further information, please call: (512) 463-6327