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 7. BANKING AND SECURITIES Part VI. Credit Union Department Chapter 91. Chartering, Operations, Mergers, Liquidations Direction of Affairs 7 TAC sec.91.506 The Credit Union Commission adopts an amendment to sec.91.506, with changes to the proposed text as published in the May 7, 1991, issue of the Texas Register (16 TexReg 2504). The following changes were made in subsection (b), "bond requirements" was changed to the proposed catch line "fidelity bond and insurance requirements." Narrative changes made in this subsection clarified who the fidelity bond covered and the protection provided. The section was amended to coincide with the bonding requirements established by the National Credit Union Administration (NCUA) for federal credit unions. Since all of the state chartered credit unions of Texas will have federal deposit insurance, this rule was amended to make the state's bonding requirement the same as NCUA's. When a credit union renews its bond, or a new credit union applies for a bond, the credit union will use this rule to determine its minimum, permissible coverage. There was one comment received on this rule. The Texas Credit Union League (TCUL) recommended the revision of some of the language in the first paragraph of subsection (b) for clarification; however, this revision was considered insignificant since it did not materially change the rule. The amendment is adopted under Texas Civil Statutes, Article 2461-11.07, which provide the Credit Union Commission with the authority to adopt reasonable rules necessary for the administration of the Texas Credit Union Act. sec.91.506. Director Meeting Fees and Bond Requirements. (a) (No change.) (b) Fidelity bond and insurance requirements. Each credit union shall purchase and maintain a fidelity bond for employees and officials and general insurance coverage for losses caused by persons outside of the credit union (protection for losses due to theft, hold-up, vandalism, etc.). Fidelity bonds must provide coverage for the fraud or dishonesty of all employees, directors, officers, and audit and credit committee members. The board of directors of each credit union shall, at least annually, carefully review the bond and insurance coverage in force in order to ascertain its adequacy in relation to risk exposure and to the minimum requirements. Each bond shall include a provision requiring written notification by the surety to the commissioner prior to cancellation of any or all converges set out in the bond, and include a brief statement of cause for termination. The bond and the insurance coverage must be issued by a company authorized to do such business in this state and approved by the commissioner. (1) The following schedule sets forth the minimum requirements for bonds: [graphic] (2) The maximum amount of deductibles allowed are based on the credit union's total assets. The following table sets out the maximum deductibles: [graphic] A deductible may be applied separately to one of more insuring clauses in a blanket bond. No deductible will exceed ten percent of a credit union's unencumbered reserves and undivided earnings unless the credit union creates a segregated Contingency Reserve for the amount of the excess. Valuation allowance accounts, e.g., allowance for loan losses, may not be considered part of the unencumbered reserves and undivided earnings when determining the maximum deductible. (3) Special riders shall be provided where change funds are kept in excess of $1,000, if change funds are not covered in the bond. (4)-(6) (No change.) (c) (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 20, 1991. TRD-9111680 John R. Hale Commissioner Credit Union Department Effective date: October 14, 1991 Proposal publication date: May 7, 1991 For further information, please call: (512) 837-9236 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 5. Transportation Division Subchapter L. Insurance Requirements 16 TAC sec.5.181 The Railroad Commission of Texas adopts an amendment to s5.181, concerning evidence of insurance required, with changes to the proposed text as published in the July 2, 1991, issue of the Texas Register (16 TexReg 3667). The new subsection is adopted in response to the provisions of Senate Bill 691 of the 72nd Legislature. Changes were made to clarify what losses are to be covered under the required coverage, and to remove the provision for a $25 filing fee. The amendment sets the required limits for accidental insurance coverage which may be carried in lieu of workers' compensation insurance. The amendment as adopted also sets out the specific types of coverage which will be required if a carrier opts to carry accidental insurance coverage in lieu of workers' compensation insurance. Various comments were received concerning the amendment. Because the rule is in response to a statutory change, the comments were generally in support of the proposal. However, many of the commenters suggested changes in the rule. Some commenters suggested that the required limit was too high, while others suggested that it was too low. Several of the commenters expressed uncertainty regarding the type of coverage which was foreseen by the rule; that provision has been clarified to specify what types of coverage are required. Other comments regarded the type of insurance company from which coverage must be obtained; commenters requested that proof be accepted from surplus lines carriers or risk retention groups, or that self-insurance be allowed. Several commenters suggested that any provision regarding benefits for loss of income should include a maximum weekly benefit. Other commenters inquired about what deductible levels were allowed, if any. Most other comments were more in the nature of inquiries regarding the rule's details. Groups and associations commenting in favor of the proposed rule, but suggesting changes, were the Texas Motor Transportation Association, Inc.; the Sand and Gravel Motor Carrier Association, Inc.; the Southwest Warehouse and Transfer Association, Inc.; and the Texas Towing and Storage Association, Inc. No groups or associations commented in opposition to the proposed rule. The commission disagrees with many of the comments submitted. However, higher limits must be traded off against higher insurance premiums. The commission believes that an equitable balance between the two competing interests must be achieved. Accordingly, as adopted the rules require a limit of $150,000 on medical coverage, $100,000 on accidental death and dismemberment coverage, and a $400 maximum weekly benefit for loss of income. The $400 maximum weekly benefit will be reviewed annually by the commission to ensure that it remains consistent with prevailing wage conditions. Regarding the type of insurance company which may file the coverage, it is the commission's position that the terms of the statute require that the insurance company must be authorized to do business in Texas (in other words, an admitted carrier, but not a surplus lines carrier or a risk retention group). This is consistent with the terminology used by the State Board of Insurance, and should accurately reflect legislative intent. The Motor Carrier Act, sec.13aa, was amended by Senate Bill 691, and specifically disallows self-insurance for this type of insurance. Since self-insurance is not allowed, the policy must provide for first-dollar coverage to the employee from the insurance company; separate reimbursement or subrogation agreements between the motor carrier and the insurance company would be permissible. It should also be noted that neither Senate Bill 691 nor these rules exempt a motor carrier from any requirements of the Workers' Compensation laws, from the procedures for becoming a non-subscriber, or from any legal responsibilities to the carrier's employees. The amendment is adopted under the Texas Motor Carrier Act, Texas Civil Statutes, Article 911b, sec.13, which authorize the commission to set the limits for accidental insurance in lieu of workers' compensation coverage. sec.5.181. Evidence of Insurance Required. (a)-(b) (No change.) (c) Notwithstanding the provisions of subsection (a)(3) of this section, a motor carrier may protect its employees by obtaining accidental insurance coverage from a reliable insurance company authorized to write such policies in this state. The accidental insurance coverage shall cover medical expenses in the principal amount of $150,000, accidental death benefits in the principal amount of $100,000, loss of limb or sight on a scale based on the principal amount of $100,000, and loss of income based on no less than 60% of the employee's pre- injury income for no less than 52 weeks, subject to a maximum weekly benfit of no less than $400. Proof of insurance shall be on a form prescribed by the commission, and shall be filed with the commission. A motor carrier may not be self-insured for the coverage required in this subsection. 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 24, 1991. TRD-9111775 Martha V. Swanger, Gas Utilities/LP-Gas Section, Legal Division Hearings Examiner Railroad Commission of Texas Effective date: October 16, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 463-7094 Part VI. Texas Motor Vehicle Commission Chapter 101. Practice and Procedure Adjudicative Proceedings and Hearings 16 TAC sec.101.63, sec.101.64 The Texas Motor Vehicle Commission adopts the repeal of s101.63 and sec.101.64, concerning final decisions of the commission and concerning petitions for reconsideration, without changes to the proposed text as published in the May 3, 1991, issue of the Texas Register (16 TexReg 2459). Existing sec.101.63 is repealed for renumbering purposes concurrently with the separate adoption of the section as s101.64 with an amendment to the existing text. Existing s101.64 is repealed because it is in conflict with the motion for rehearing provisions of the Texas Motor Vehicle Commission Code and the Administrative Procedure and Texas Register Act. Existing sec.101.63 is repealed concurrently with the adoption of a new sec.101. 63 which will contain more comprehensive provisions relating to the filing of documents with the commission. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Motor Vehicle Commission Code, sec.3. 06, which provides the commission with the authority to adopt, amend, and repeal rules as may be necessary or convenient to effectuate the provisions of the Act and to govern practice and procedure before the agency. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 25, 1991. TRD-9111782 Russell Harding Executive Director Texas Motor Vehicle Commission Effective date: October 16, 1991 Proposal publication date: May 3, 1991 For further information, please call: (512) 476-3587 General Rules 16 TAC sec.101.63, sec.101.64 The Texas Motor Vehicle Commission adopts new sec.101.63 and sec.101.64, concerning practice and procedure, with changes to the proposed text as published in the May 3, 1991, issue of the Texas Register (16 TexReg 2459) . Section 101.63 is a new section providing that all 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 for consideration and decision and any document not filed within such time will not be considered by the members of the commission at that meeting. New sec.101.64 is the former sec.101.63 renumbered and is proposed for adoption with a change to make the section consistent with existing law pertaining to motions for rehearing of agency orders and to specify that the section does not apply to cases brought under the Texas Motor Vehicle Commission Code, sec.6.07. Comments on the proposed new sections were received from an attorney-at-law. The individual requested that the proposed s101.63 be modified to clarify that cases would not be scheduled for commission decision to preclude the filing of documents otherwise required or permitted to the filed in contested cases, and to provide the commission with the authority to waive or shorten the filing time requirement upon a showing of good cause. The commission agreed with the comments and these suggestions have been incorporated in sec.101.63 as finally adopted. The commission also changed the proposed sec.101.64 to exclude cases brought under the Code, sec.6.07, which have a separate motion for rehearing procedure. The new sections are adopted under Texas Civil Statutes, Article 4413(36), sec.3.06, which provide the commission with the authority to adopt rules necessary and convenient to effectuate the provisions of the Act and to govern practice and procedure before the agency. sec.101.63. Filing of Documents for Consideration by Commission Members. Any document filed by a party to a contested case for consideration by the members of the commission in their decision of the case must be filed with the commission at least 15 days prior to the date of the commission meeting at which the case is scheduled for consideration and decision. Any document not filed within such time will not be considered by the members of the commission at that meeting. No contested case will be scheduled for consideration and decision so as to preclude any party from filing any document required or permitted to be filed in a contested case by law or under the commission's rules, in compliance with the previous filing requirement. For good cause shown, the commission may waive or shorten the requirement for the filing of all documents prior to any commission meeting. sec.101.64. Final Decision. In all contested cases except those brought under the Texas Motor Vehicle Code, after a matter has been heard and submitted to the commission for decision, and the commission has considered all exceptions and replies thereto, if any, and has issued its order in connection therewith, such order shall be deemed final and binding on all parties thereto and all administrative remedies are deemed to be exhausted as of the effective date stated therein, unless a motion for rehearing be filed as provided by 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 25, 1991. TRD-9111783 Russell Harding Executive Director Texas Motor Vehicle Commission Effective date: October 16, 1991 Proposal publication date: May 3, 1991 For further information, please call: (512) 476-3587 Chapter 107. Warranty Performance Obligations 16 TAC sec.sec.107.2, 107.6, 107.8, 107.9, 107.10, 107.11 The Texas Motor Vehicle Commission adopts amendments to ssec.107.2, 107.6, and 107.8 and new sec.sec.107.9, 107.10, and 107.11, concerning warranty performance obligations. Sections 107.2, 107.6, 107.8, 107.9, and 107.10 are adopted with changes to the proposed text as published in the July 19, 1991, issue of the Texas Register (16 TexReg 3987). Section 107.11 is adopted without changes and will not be republished. The amendments and new sections are adopted to bring the agency's lemon law rules into conformity with amendments to the Texas Motor Vehicle Commission Code, Texas Civil Statutes, Article 4413(36), enacted during the 72nd Legislature. The amendment to sec.107.2 simply provides that the lemon law filing fee is increased to $75, and that failure to remit the fee with a complaint will toll the running of the 150-day resolution period that the legislature imposed on commission staff. Section 107.6 is amended by the addition of new paragraph (11), which explains the consequences of the commission's failure to meet the 150-day resolution period; i.e., if the targeted period is not met, commission staff is required to notify the parties of the complainant's right to pursue his lemon law rights in state district court. The notice will also inform complainant that he may continue his lemon law complaint at the agency level, if he so chooses. The amendment to sec.107.8 conforms the section to the new statutory language. Specifically, the statute changed the prior requirement that the defect which is the subject of the lemon law complaint must "substantially impair the use and market value of the vehicle" to "any defect or condition which creates a serious safety hazard or substantially impairs the use or market value of the motor vehicle." In addition, the section is amended to clarify what constitutes a reasonable number of repair attempts when a safety-related defect is involved, as well as, what constitutes a defect that creates a serious safety hazard. The amendment to sec.107.8(6) was made to conform the section's language to that enacted by the legislature concerning the extent of a dealer's liability in a successful lemon law case. It was changed to provide that a dealer is only responsible for reimbursing the cost of any items or options added to the vehicle to the extent that one or more such items or options contributed to the defect that served as the basis of the repurchase or replacement order. A number of manufacturers commented that this change could be interpreted to mean that a manufacturer would be required to repurchase a vehicle whose defect was caused by a dealer add-on item or option. A sentence was added to the section, providing that a manufacturer would not be required to repurchase a vehicle in such a situation. New sec.107.9 was adopted to comply with the legislative mandate in sec.6.07(c) , as amended, that the "Commission by rule shall define the incidental costs that are eligible for reimbursement...." This new section sets out when reimbursement of incidental expenses is warranted and the verification required to recover such expenses. In addition, it lists the specific costs that are reimbursable to successful lemon law complainants. The section was changed from the proposal which identified four specific types of reimbursable costs, but did not limit the list to only those four. As adopted, the section limits reimbursable costs to only those four types of expenses listed under sec.107.9(a) . Section 107.10 was amended to implement new amendments to the lemon law by adding new paragraph (4) which details new responsibilities of manufacturers, distributors, or converters (hereafter "manufacturers" will also refer to distributors and converters) when they repurchase or replace a vehicle pursuant to a commission order. Manufacturers are now required to disclose to a prospective retail purchaser of the repurchased vehicle that the vehicle was repurchased pursuant to the Texas lemon law. In addition, manufacturers are required to repair the defect(s) in the vehicle and to issue a supplemental warranty to the first retail purchaser of the vehicle after the commission order. The section provides a specific disclosure statement that must accompany the vehicle upon resale to a retail purchaser. In response to numerous comments from manufacturer representatives, the commission changed the section to allow manufacturers to use existing manufacturer disclosure notices so long as they were approved by commission staff in advance. Comments on the proposed amendments and new section were received from General Motors Corporation, Ford Motor Company, Chrysler Motors Corporation, Mazda Motor America, Gulf Region, Texas Public Citizen, Consumers Union, Southern Regional Office, and from commission staff. In general, the comments focused on the proposed amendments to sec.107.8(1)(B), sec.107.10(4), and on proposed new sec.107.9. First, General Motors, Chrysler Motors Corporation, and Ford Motor Company argued against the listing of the specific defects that would be deemed to create a serious safety hazard, as found in proposed sec.107.8(1)(B). At the center of their complaint was the argument that the examples listed were too broad and would be used by complainants in almost every case to claim that the defect in their vehicle was one that created a serious safety hazard. They suggested instead of attempting to provide a list of such defects, that the section should include the statutory definition of what constitutes a serious safety hazard, which would in turn be used by hearings officers to determine whether the alleged defect fit the statutory definition. Representatives for Consumers Union and Public Citizen argued that the section should provide a list, albeit non-exclusive, of defects that would be considered defects creating serious safety hazards. While they agreed with the list in (1)(B), they also urged that several other specific defects or conditions be added. After considering all of the comments received, as well as staff comments which agreed with the approach proffered by the manufacturers, the commission voted to change the section by deleting the listing of specific defects and substituting the statutory definition of serious safety hazard which will be the benchmark for determining whether a particular defect creates a serious safety hazard. Second, Chrysler Motors Corporation argued that the new section on incidental expenses was too open-ended as proposed; by providing that reimbursable expenses "include, but are not limited to" certain itemized expenses, Chrysler noted that the provision could be abused to allow complainants punitive damages or other costs that the legislature had not intended. A $250 cap was urged to avoid such possibility. General Motors Corporation simply argued that their limited warranty excluded reimbursement for incidental expenses and that therefore the section should provide reimbursement of such expenses strictly as a customer relations matter between the complainant and the manufacturer. Representatives of Public Citizen and Consumers Union, at the public hearing, countered that the section should be adopted as proposed inasmuch as the legislature had given the commission authority to define reimbursable costs, "as necessary to promote the public interest." They argued against a cap, either in the form of a set amount or as a closed-end category. They supported the "include, but are not limited to" language and suggested that commission staff track the types and amounts of expenses reimbursed complainants over a one to two-year period, and that after compiling such data, the section could be amended to reflect categories or amounts of expenses that would be reimbursable. However, they urged no such limits should be imposed without supporting data. After considering all of the comments, the commission voted to delete the "but are not limited to" language from the section and thus defined reimbursable expenses as those listed under (1) -(4). The commission also changed the language qualifying the incidental expenses that would be reimbursable to track the language found in sec.6.07(c), as amended. The third source of major commentary was sec.107.10(4) dealing with the requirement that manufacturers insure that a proper disclosure statement accompanied a repurchased or replaced vehicle pursuant to the lemon law when sold to the first retail purchaser after the commission order. The gist of the comments was a request from manufacturers that they be allowed to use forms that they have already prepared for the same type of purpose. Ford Motor Company and Chrysler Motors Corporation urged the commission to allow use of their existing forms since they contain, in large part, the required information that is found in Attachment 1 of the proposed section. Representatives from Public Citizen and Consumers Union, as well as staff members, urged the commission to require the notice or statement to clearly and conspicuously indicate that it was a lemon law disclosure notice. In response to those comments, the commission voted that the title of the form should be "Lemon Law Disclosure Statement in 20-point print. Concerning the specific form to be used, the commission voted that manufacturers may use their own forms so long as the forms are submitted for prior approval by the commission. In addition, Chrysler Motors Corporation and Public Citizen urged that the proposed section require manufacturers to supply the first retail purchaser after the commission order with a supplemental warranty statement which warranted the repurchased vehicle for a minimum of 12 months or 12,000 miles from the date of the subsequent retail purchase. The commission agreed with the recommendation and added a requirement in the section to that effect. The form of the supplemental warranty must be approved by the commission also. A fourth section that drew a number of comments from manufacturers was proposed sec.107.8(6). This section merely restated the statutory change in the Code. However, several manufacturers expressed concern that the change would be read to mean that a manufacturer could be required to replace or repurchase a vehicle due to a defect that was caused by a dealer add-on item or option. After considering the manufacturers' comments, the commission added a final sentence to the proposed section, specifically providing that a manufacturer would not be obligated to repurchase a vehicle in such a situation. Comments urging minor changes to sec.107.8(4) and sec.107.11 were received from Consumers Union and Public Citizen, respectively; however, the commission, after consideration and oral comment, voted to adopt the sections as proposed. The sections are adopted under Texas Civil Statutes, Article 4413(36), sec.6. 07(e), which provide that the commission shall adopt rules for the enforcement and implementation of the Texas Motor Vehicle Commission Code, sec.6.07. sec.107.2. Filing of Complaints. (a)-(d) (No change.) (e) The lemon law complaint filing fee of $75 should be remitted with the complaint by check or money order payable to the Texas Motor Vehicle Commission. The filing fee is nonrefundable, but a complainant who prevails in a lemon law case is entitled to reimbursement of the amount of the filing fee. Failure to remit the filing fee with the complaint will result in delaying the commencement of the 150-day requirement provided in sec.107.6(11) of this title (relating to Hearings). sec.107.6. Hearings. Complaints which satisfy the jurisdictional requirements of the Texas Motor Vehicle Commission Code, sec.6.07, will be set for hearing and notification of the date, time, and place the hearing will be given to all parties by certified mail. (1)-(10) (No change.) (11) All hearings will be conducted expeditiously. However, if a commission hearings officer has not issued a proposal for decision within 150 days after the complaint and filing fee were received, commission staff shall notify the parties by certified mail that complainant has a right to file a civil action in state district court to pursue his rights under the lemon law. The 150-day period shall be extended upon request of the complainant or if a delay in the proceeding is caused by the complainant. The notice will inform complainant of his right to continue his lemon law complaint through the commission if he chooses. sec.107.8. Decisions. Any decisions by the commission and recommended decision by a hearing officer shall give effect to the presumptions provided in the Texas Motor Vehicle Commission Code, sec.6.07(d), where applicable. (1) If it is found that the manufacturer, distributor, or converter is not able to conform the vehicle to an applicable express warranty by repairing or correcting a defect in the complainant's vehicle which substantially impairs the use, market value, or safety of the vehicle after a reasonable number of attempts, and that the affirmative defenses provided under the Texas Motor Vehicle Commission Code, sec.6.07(c), are not applicable, the commission shall order the manufacturer, distributor, or converter to replace the vehicle with a comparable vehicle, or accept the return of the vehicle from the owner and refund to the owner the full purchase price of the vehicle, less a reasonable allowance for the owner's use of the vehicle. (A) In a complaint involving a defect or condition that creates a serious safety hazard in the vehicle, an owner shall be deemed to have given the manufacturer, distributor, or converter a reasonable number of attempts to repair the vehicle if he reported and allowed an opportunity to repair the defect or condition at least once during the period of 12 months or 12,000 miles, whichever occurs first, immediately following the date of delivery and at least once more in the period of 12 months or 12,000 miles, whichever occurs first, following the first repair attempt. (B) A defect or condition that creates a serious safety hazard is one that results in a life-threatening malfunction or nonconformity that substantially impedes a person's ability to control or operate a motor vehicle for ordinary use or intended purposes or that creates a substantial risk of fire or explosion. (2)-(3) (No change.) (4) Except in cases where clear and convincing evidence shows that the vehicle has a longer or shorter expected useful life than 100,000 miles, the reasonable allowance for the owner's use of the vehicle shall be that amount obtained by adding the following: (A)-(B) (No change.) (5) (No change.) (6) In any award in favor of a complainant, the executive director may require the dealer involved to reimburse the complainant, manufacturer, distributor, or converter for the cost of any items or options added to the vehicle but only to the extent that one or more of such items or options contributed to the defect that served as the basis for the order of repurchase or replacement. In no event shall this paragraph be interpreted to mean that a manufacturer, distributor, or converter will be required to repurchase a vehicle due to a defect or condition that was solely caused by a dealer add-on item or option. (7)-(9) (No change.) sec.107.9. Incidental Expenses. (a) When a refund of the purchase price of a vehicle is ordered, the complainant shall be reimbursed for certain incidental expenses incurred by the complainant from loss of use of the motor vehicle because of the defect or nonconformity which is the basis of the complaint. The expenses must be verifiable through receipts or similar written documents. Reimbursable incidental expenses include: (1) reasonable cost of alternate transportation; (2) charges for towing; (3) costs of telephone calls or mail charges directly attributable to contacting the manufacturer, distributor, converter, or dealer regarding the vehicle; and (4) reasonable costs of meals and lodging necessitated by the vehicle's failure during out-of-town trips. (b) Only reasonable incidental expenses shall be reimbursed to a complainant. Incidental expenses shall be included in the final repurchase price required to be paid by a manufacturer, distributor, or converter to a prevailing complainant or in the case of a vehicle replacement, shall be tendered to the complainant at the time of replacement. sec.107.10. Compliance. Compliance with the commission's order will be monitored by the commission. (1) A complainant is not bound by the commission's decision and order and may either accept or reject the decision. (2) If a complainant does not accept the commission's final decision, the proceeding before the commission will be deemed concluded and the complaint file closed. (3) If the complainant accepts the commission's decision, then the manufacturer, distributor, or converter and the dealer to the extent of the dealer's responsibility, if any, shall immediately take such action as is necessary to implement the commission's decision and order. (4) If complainant's vehicle is replaced or repurchased pursuant to a commission order, the manufacturer, distributor, or converter shall, through its representative dealer, issue a disclosure statement in the format of Attachment 1 or on a form approved by the commission, which must accompany the vehicle through the first retail purchase after the commission order. In addition, the manufacturer, distributor, or converter must repair the defect or condition in the vehicle that resulted in the repurchase and issue, at a minimum, a basic warranty (12 months/12,000 mile, whichever comes first) on a form approved by the commission, which warranty shall be provided to the first retail purchaser of the vehicle following the commission order. (5) The failure of any manufacturer, distributor, converter, or dealer to comply with a decision and order of the commission within the time period prescribed in the order, may subject the manufacturer, distributor, converter, or dealer to formal action by the commission and the assessment of civil penalties or other sanctions prescribed by the Texas Motor Vehicle Commission Code for failure to comply with an order of the commission. 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 25, 1991. TRD-9111781 Ruth Casarez Assistant Director-Consumer Affairs Texas Motor Vehicle Commission Effective date: October 16, 1991 Proposal publication date: July 19, 1991 For further information, please call: (512) 476-3618 16 TAC sec.107.9 The Texas Motor Vehicle Commission adopts the repeal of s107.9, concerning compliance with commission orders in lemon law cases, without changes to the proposed text as published in the July 19, 1991, issue of the Texas Register (16 TexReg 3990). The repeal is adopted in conjunction with a separate proposal which is a comprehensive revision of the commission's lemon law rules to implement changes made by the 72nd Legislature. The section is renumbered and readopted as sec.107. 10 in a concurrent submission. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 4413(36) sec.6.07(e), which provide the commission with authority to adopt rules necessary and convenient to effectuate the provisions of the Texas Motor Vehicle Commission Code, sec.6.07. 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 25, 1991. TRD-9111780 Ruth Casarez Assistant Director-Consumer Affairs Texas Motor Vehicle Commission Effective date: October 16, 1991 Proposal publication date: July 19, 1991 For further information, please call: (512) 476-3618 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Department Chapter 57. Fisheries and Wildlife Permits to Sell Non-game Fish Taken From Public Fresh Water 31 TAC sec.sec.57.377-57.386 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing held August 29, 1991, adopts new rules, 31 TAC sec.sec.57.377-57.386, concerning the sale of nongame fish taken from public fresh water with changes to the proposed text as published in the July 26, 1991, issue of the Texas Register (16 TexReg 4056). The change was made to the title and to sec.57.378 to clarify the intent of the rules by including the phrase "taken from public fresh water." The adopted new rules establish procedures and conditions under which permits are issued to sell nongame fish taken from public fresh water. Effective September 1, 1991, Senate Bill (SB) 726, passed by the 72nd Legislature prohibits the sale of any fish taken from public fresh waters of the state, with several exceptions. One of the exceptions is for those nongame fish regulated under the Texas Parks and Wildlife Code, Chapter 67. However, rules for issuing a permit under that chapter had not been developed. The new rules are needed to permit the sale of nongame fish if the Parks and Wildlife Department feels that sale is necessary to properly manage the species. These adopted new rules establish the procedure for permit issuance. The new rules will enable the department to issue permits for the sale of nongame fish taken from public fresh water. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Parks and Wildlife Code, Chapter 67, sec.67.0041, which provides the Texas Parks and Wildlife Commission with authority to issue permits for the taking, possession, transportation, sale, or exportation of nongame species and to charge a permit fee for commercial activities. sec.57.377. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Department-The Texas Parks and Wildlife Department or any authorized employee thereof. Game fish-All fish included in the definition of game fish in sec.65.3 of 31 TAC Subchapter A of this title (relating to Statewide Hunting and Fishing definitions). Non-game fish (rough fish and bait fish)-All fish included in the definition for non-game fish in sec.65.3 of 31 TAC Subchapter A of this title (relating to Statewide Hunting and Fishing definitions). Public water-Bays, estuaries, the Gulf of Mexico within the jurisdiction of the State, rivers, streams, creeks, bayous, reservoirs, lakes, and portions of those waters where public access is available without discrimination. sec.57.378. Non-game Fishes Covered By These Rules. A permit to sell the following species of nongame fish taken from public fresh water may be issued if the department determines that the sale is necessary to properly manage the species. [graphic] sec.57.379. Prohibited Acts. Except as exempted by these rules it is unlawful for: (1) any person to sell or offer for sale non-game fish taken from the public fresh water of the state without a valid permit issued by the department authorizing that activity; (2) any person to engage in activities authorized by the permit who does not show on demand to a Game Warden or other peace officer a copy of the permit authorizing that activity; (3) any person to possess any game fish while engaged in activities authorized by the permit; (4) Any person to violate any provision of the permit. sec.57.380. Permit Exemptions. No permit under the authority of this subchapter is required for sale of non-game fish, the sale of which is authorized by Chapter 66 of the Texas Parks and Wildlife Code. sec.57.381. Permit Application. (a) An applicant for a permit to sell non-game fish taken from public fresh waters of this state shall submit a completed application to the department on a form supplied by the department. (b) To be considered the application must be received by the department at least 30 days before the proposed activity. sec.57.382. Permit Specifications. (a) A permit issued by the department to sell non-game fish taken from public fresh water shall specify: (l) the name and address of the permittee; (2) the location where the activity is permitted; (3) the non-game fish species for which sale is allowed; (4) number of non-game fish for which sale is allowed; (5) the devices, means and methods which may be used to capture fish; and (6) the period of time the permit is valid. (b) A permit issued under these rules is not transferable or assignable. sec.57.383. Permit Fee. (a) As authorized by Parks and Wildlife Code, sec.67.0041, a fee of 50 dollars will be submitted for each permit application. (b) The department will refund the permit fee if the permit is denied. sec.57.384. Permit Denial. A permit to sell non-game fish may not be granted without findings that the following criteria have been satisfied: (1) the applicant(s) have not been finally convicted of a violation of the Texas Parks and Wildlife Code or any rule, regulation, or proclamation issued by the Texas Parks and Wildlife Commission within the previous 12 months; (2) there are no pending or unresolved citations filed against the applicant(s) for violation of the Texas Parks and Wildlife Code or any rule, regulation, or proclamation issued by the Texas Parks and Wildlife Commission, and no pending or unresolved claims against the applicant(s) for civil restitution for illegally taken or possessed wildlife resources; (3) the taking of non-game fish for sale will not be detrimental to the target species, species listed as endangered or threatened, or any other non-game or game fish; (4) the taking of non-game fish for sale can be accomplished in a manner consistent with the management goals and objectives of the department. sec.57.385. Appeal. An opportunity for hearing shall be provided to the applicant for any denial of a permit or issuance of a permit where the conditions of issuance are different from those requested by the applicant. (1) Request for hearing for appeal must be made in writing no more than 30 days from receipt of the denial notification. (2) All hearings shall be conducted in accordance with the rules of Practice and Procedure of the Texas Parks and Wildlife Department and the Administrative Procedures and Texas Register Act. sec.57.386. Penalties. A person who violates this subchapter or a permit issued pursuant to this subchapter commits an offense punishable by the penalty prescribed by the Texas Parks and Wildlife Code, sec.67.005. 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 23, 1991. TRD-9111697 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: October 14, 1991 Proposal publication date: July 26, 1991 For further information, please call: 1-800-792-1112, ext. 4643 or (512) 389- 4643 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 48. Community Care for Aged and Disabled Eligibility 40 TAC sec.48.2904, sec.48.2924 The Texas Department of Human Services (DHS) adopts amendments to sec.48. 2904 and sec.48.2924, concerning eligibility, without changes to the proposed text as published in the July 12, 1991, issue of the Texas Register (16 Tex Reg 3862). Justification for the amendments is that clients are not penalized for receiving radiation exposure compensation or in-home and family support funds. The amendments will function by excluding payments received under the Radiation Exposure Compensation Act and funds from the In-home and Family Support Program from both income and resources in the community care for aged and disabled program. 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 authorizes the department to administer public and medical assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 24, 1991. TRD-9111765 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: December 1, 1991 Proposal publication date: July 12, 1991 For further information, please call: (512) 450-3765 Case Management The Texas Department of Human Services (DHS) adopts amendments to sec.48.3904 and sec.48.8901, without changes to the proposed text as published in the August 20, 1991, issue of the Texas Register (16 TexReg 4537). Justification for the amendments is clearer understanding of adult foster care policies. The amendments will function by clarifying existing policies on bedhold charges, complaints, supervision, reporting emergencies, and fire inspection. The department received no comments regarding the adoption of the amendments. 40 TAC sec.48.3904 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 24, 1991. TRD-9111766 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: November 1, 1991 Proposal publication date: August 20, 1991 For further information, please call: (512) 450-3765 Minimum Standards 40 TAC sec.48.8901 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 24, 1991. TRD-9111767 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: November 1, 1991 Proposal publication date: August 20, 1991 For further information, please call: (512) 450-3765