Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 11. Surface Mining and Reclamation Division Subchapter E. Quarry and Pit Safety 16 TAC sec.sec.11.1001-11.1005, 11.1021, 11.1031-11.1045, 11. 1061-11.1065, 11.1081 The Railroad Commission of Texas adopts new sec.sec.11.1001-11.1005, 11.1021, 11.1031-11.1045, 11.1061-11.1065, and 11.1081. Sections 11.1004, 11.1021, 11. 1031, 11.1035, 11.1036, 11.1038, 11.1040, 11.1043, 11.1063, 11.1064, and 11.1081 are adopted with changes to the proposed text as published in the September 17, 1991, issue of the Texas Register (16 TexReg 5117). Sections 11.1001, 11. 1002, 11.1003, 11.1021, 11.1032-11.1034, 11.1037, 11.1039, 11.1041, 11.1042, 11. 1044, 11.1045, 11.1061, 11.1062, and 11.1065 are adopted without changes and will not be republished. The regulations will result in the efficient and timely processing of applications for safety certificates. The changes correct minor clerical errors in the text if the proposal and will eliminate ambiguity presented by some elements of the statute. The regulations provide requirements consistent with the Texas Aggregate Quarry and Pit Safety Act of the identification, certification and construction necessary to regulate public access to certain aggregate quarries and pits. Comments were received regarding the insufficiency of the barriers or berms to redirect traffic or to prevent vehicles from being overturned and coming over the barriers or berm. Comments were also received advocating review of the barrier or berm designs by the Texas Department of Transportation. Commenting against the new sections were the Texas Department of Transportation and the Texas Transportation Institute. The review of barrier or berm designs by other agencies is impractical due to the statutory ten-day review requirement. The comments addressing vehicle impacts do not directly address the requirements specified in the statute, and generally pertain to impacts occurring in roadway conditions rather than in a pit after leaving pubic roads and their associated barriers. The barrier requirements have been improved by increasing the size of the post and the depth of the posts in the ground. The new sections are adopted under the Texas Natural Resource Code, sec.131. 011, which provides the Railroad Commission of Texas with the authority to adopt rules and regulations consistent with the Texas Aggregate Quarry and Pit Safety Act. sec.11.1004. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Abandoned-Having relinquished all right, title, claim, and possession with the intent of never again claiming a future right or title or resuming possession. Act-The Texas Aggregate Quarry and Pit Safety Act. Aggregates-Any commonly recognized construction material originating from a quarry or pit by the disturbance of the surface, including dirt, soil, rock asphalt, clay, granite, gravel, gypsum, marble, sand, shale, stone, caliche, limestone, dolomite, rock, riprap, or other nonmineral substance. Barrier-An object of substantial construction that will obstruct, restrain, and prevent the normal passage of persons or vehicular traffic and may include guardrails, fences, or berms or barricades composed of consolidated material or overburden. Berm-A ridge of refuse, overburden, consolidated material, or other material in a lengthened elevation designed to act as a dike or barrier, capable of moderating or limiting the force of a vehicle in order to impede the passage of the vehicle. Commission-Railroad Commission of Texas. Consolidated material -Material of sufficient hardness or ability to resist weathering and to inhibit erosion or sloughing. Division-Surface Mining and Reclamation Division, Railroad Commission of Texas, or such department, bureau or commission as may lawfully succeed to the powers and duties of such division. Director-Director, Surface Mining and Reclamation Division, Railroad Commission of Texas, or the Commission's representative. Federal act-Surface Mining Control and Reclamation Act of 1977 (Public Law 95-87), and any amendment thereof. Fund-Abandoned mine reclamation fund established pursuant to Section 401 of the federal act, and any amendment thereof. Guardrail-A system of posts and metal rails as defined by the State Department of Highways and Public Transportation. Inactive quarry or pit-A site or any portion of a site that although previously in aggregate production is not currently being quarried by any ownership, lease, joint venturer, or some other legal arrangement. In hazardous proximity to a public road-That distance beginning 200 feet from the outer right-of-way line of a public road or highway to the pit perimeter. Operator-Any person, partnership, firm, or corporation engaged in and responsible for the physical operation and control of the extraction of aggregates. Overburden-All materials displaced in an aggregate extraction operation that are not or reasonably would not be expected to be removed from the affected area. Owner-Any person, partnership, firm, or corporation having title, in whole or in part, to the land on which an aggregate operation exists or has existed. Person responsible for quarry or pit-The current operator of the quarry or pit, or the owner of the land in which the pit exists if the quarry or pit was abandoned on or before January 1, 1991, or became inactive before that date and has not resumed operations, or if no operator exists. Pit-An open excavation not less than five feet below the adjacent and natural ground level from which aggregates have been or are being extracted. Public road or right-of-way-Every way publicly maintained or any part thereof as defined by Section 13(a), Uniform Act Regulating Traffic on Highways (Texas Civil Statutes, Article 6701d), and the decisions thereunder. Quarrying-The current and ongoing surface excavation and development without shafts, drafts, or tunnels, with or without slopes, for the extraction of aggregates from natural deposits occurring in the earth. Quarry-The site where aggregates are being or have been removed or extracted from the earth to form the pit, including the entire excavation, stripped areas, haulage ramps, the land immediately adjacent thereto upon which the plant processing the raw materials is located, exclusive of any land owned or leased by the responsible party not being currently used in the production of aggregates. Refuse-All waste material directly connected with the production, cleaning, or preparation of aggregates that have been produced by quarrying. Responsible party -The operator, lessor, owner, or lessee as may be subject to the provisions of the Act. Ridge-A lengthened elevation of overburden created in the aggregate production process. Setback distance -Distance from the outer right-of-way line of a public road or highway up to a distance of 25 feet. Site-The tract of land on which is located a pit and includes the immediate area on which the plant used in the extraction of aggregates is located. Unacceptable unsafe location-A condition where the edge of a pit is located within 200 feet of a right-of-way intersection with a public road in a manner which, in the judgment of the commission: (A) presents a significant risk of harm to public motorists by reason of the proximity of the pit to the roadway intersection; and (B) has no naturally occurring or artificially constructed barrier or berm between the road and pit that would likely prevent a motor vehicle from accidentally entering the pit as the result of a motor vehicle collision at or near the intersection; or which, (C) in the opinion of the commission, is also at any other location constituting a substantial dangerous risk to the driving public, which condition can be rectified by the placement of berms, barriers, guardrails, or other devices as prescribed by these regulations. sec.11.1031. Initial Inventory Report Requirements. (a) On or before March 1,1992, the person responsible for an abandoned quarry or pit shall file an initial inventory report with the commission. (b) On or before March 1, 1992, the person responsible for a quarry or pit that became inactive before January 1, 1991, and did not resume operations before June 30, 1991, shall file an initial inventory report with the commission. (c) The person responsible for a quarry or pit that was active on June 30, 1991, shall file an initial inventory report with the commission, and enforcement proceedings will be deferred for a period of 60 days from the adoption of these regulations. sec.11.1035. Prohibition Against Opening Pits. (a) No person responsible may open a new pit on a site for the extraction of aggregates in this state wherein the pit perimeter will be less than 25 feet from the outer right-of-way line of any public road or highway (the setback distance). (b) No person responsible may open a new pit on a site for the extraction of aggregates in this state wherein the pit perimeter is in hazardous proximity to a public road without first filing a quarry safety plan (detailing how the applicant intends to comply with the safety provisions of these regulations in the opening and closing of the pit) and receiving a safety certificate. sec.11.1036. Quarry Safety Plan. (a) The quarry safety plan required to be filed for new pits in hazardous proximity to a public road opened from and after November 1, 1991, must contain the information required by the safety certificate application, and must be filed on SMRD Form-SC1. (b) The quarry safety plan must be in writing, certified and sworn to by the applicant and must be fled with the Surface Mining and Reclamation Division at least 60 days prior to the opening of the pit. sec.11.1038. Safety Certificate Required. (a) Unless a person responsible for a quarry or pit has obtained from the commission a certificate that a quarry or pit complies with this chapter and rules or orders adopted under this chapter, and subject to subsection (b) of this section, the person responsible may not: (1) open a new pit in hazardous proximity to a public road; and (2) locate a pit in an area where it is in an unacceptable unsafe location; or (3) reopen, operate, or abandon a quarry or pit that is in hazardous proximity to a public road and in an unacceptable unsafe location; and (4) provided, however, that the person responsible must have received a notice from the commission that the quarry or pit requires the operator to obtain a safety certificate, before that person is prohibited from operating or maintaining an existing quarry or pit without a safety certificate. (b) Any person responsible who is utilizing a portion of a site for quarrying operations, including the stockpiling, sale, or processing of aggregates or a combination thereof, or who has a current, valid, or outstanding agreement or legal right to develop, utilize, or quarry the property, shall be responsible for obtaining a safety certificate limited to that specific pit area he is using or excavating or intends to use or excavate. (c) Any person responsible for a quarry or pit may operate the pit during a period that is described in sec.11.1044 of this title (relating to Recertification after Transfer of Title). sec.11.1040. Form and Content of Safety Certificate Applications. (a) Each pit for which a safety certificate is requested shall be addressed in a separate application. (b) An application for a safety certificate must be on the form furnished by the commission and contain: (1) the name, address, and telephone number of the person responsible for the quarry or pit; (2) the name, address, and telephone number of the owner or owners if different from the person responsible for the quarry or pit; (3) the type of quarrying activities, if any, occurring on the site, or proposed to occur on the site; (4) a brief description of the site, including the acreage outside and inside the pit; (5) the distance of each pit perimeter from the nearest right-of-way line of each public road that the site adjoins and the nearest intersection of any public road that the site adjoins and the nearest intersection of any public or private road or driveway; (6) the depth in feet, below the elevation of the right-of-way line, of the deepest excavation in the pit; (7) a description of and a construction plan for any barrier or other device allowed by these regulations to be constructed, specifying the material to be used and the expected date of completion; and (8) for new pits in hazardous proximity to a public road: a statement as to the yearly progress of the encroachment of the pit perimeter within the hazardous proximity to the public road, if any; (9) any other information or condition that, in the opinion of the operator or owner, constitutes an unacceptable unsafe location. sec.11.1043. Transfer of Certificate after Transfer of Title. (a) A person holding a safety certificate has the full right, power, and authority to transfer the certificate upon the sale, lease, or other transfer of title to the site, provided the new owner, operator, lessor or lessee, or party in interest files with the director a written affidavit that: (1) all barriers between a pit and the nearest right-of-way line of any public road comply with the act, and rules and orders adopted by the commission; and (2) there will be no change, on or after the day of the transfer of title or operation, in: (A) the condition or location of a barrier; and (B) the distance of a pit perimeter from the nearest right-of-way line of a public road or public or private intersection of a public road or driveway that adjoins the site. (b) The transfer affidavit must be filed not later than the 30th day after the day on which the transfer of title to or operation of the quarry or pit occurs. (c) The commission will process and approve a transfer of a safety certificate not later than the 10th day after the day on which the commission receives a completed transfer affidavit, including the application fee. (d) At its option, the commission may refuse to issue or approve the transfer of a certificate to a person who has violated the act or a rule or order adopted by the commission. (e) The hypothecating, mortgaging, or other transfer of equitable title or a pledge of any assets to credits of the operator or owner shall not require the filing of a transfer affidavit. (f) The commission may revoke or disapprove the transfer of a safety certificate only if, after notice and hearing, the commission determines that the holder of the certificate has violated the act or a rule or order adopted by the commission. sec.11.1063. Injunctive Relief. (a) The commission may enforce the act or a rule or order adopted by the commission by seeking an injunction or other appropriate remedy. (b) On application for injunctive or other relief and a finding that a person is violating or has violated the act or a rule or order adopted by the commission, a court may grant the injunctive or other relief warranted by the facts. sec.11.1064. Recover of Costs. A person responsible for a quarry or pit is liable to the state for customary, ordinary, and reasonable costs incurred by the commission in undertaking corrective or enforcement action, including staff expenses, and for court costs and attorney's fees. sec.11.1081. Forms. (a) The forms of Appendix A have been adopted by the commission for use pursuant to the act and this chapter. Reproduction of these forms is authorized for use by applicants to complete the filings required. (b) The forms have been designated as follows: (1) safety certificate application-SMRD Form-SC1; (2) safety certificate transfer application-SMRD Form-TSC1; (3) notice of cessation of operations-SMRD Form-CSC1; insert pg 2 insert pg 4 insert pg 6 insert pg 8 [graphic] 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 November 4, 1991. TRD-9113924 Martha V. Swanger Hearings Examiner, Gas Utilities/LP-Gas Section Legal Division Railroad Commission of Texas Effective date: November 27, 1991 Proposal publication date: September 17, 1991 For further information, please call: (512) 463-6841 Part IV. Texas Department of Licensing and Regulation Chapter 69. Manufactured Housing Fee Structure 16 TAC sec.69.38 The commissioner of the Texas Department of Licensing and Regulation adopts an amendment to sec.69.38, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5029). The amendment allows a manufacturer to request training be performed at his or her facility in lieu of attending the course of instruction in the law and consumer protection regulations for registration applicants. Department personnel will travel to the manufacturing facility to conduct training at the expense of the manufacturer. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 5221f, which provide the commissioner of the Texas Department of Licensing and Regulation with the authority to promulgate rules necessary to effectuate the purpose of the 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 November 4, 1991. TRD-9113774 Larry E. Kosta Executive Director Texas Department of Licensing and Regulation Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 463-3127 General Requirements 16 TAC sec.69.125 The commissioner of the Texas Department of Licensing and Regulation adopts an amendment to sec.69.125, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5029). The amendment is adopted to allow manufacturers to request a one-day in-plant training session in lieu of completing the instruction requirements for registration. The section will function the same with the addition of allowing manufacturers to request in-plant training. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 5221f, which provide the commissioner of the Texas Department of Licensing and Regulation with the authority to promulgate rules necessary to effectuate the purpose of the 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 November 4, 1991. TRD-9113775 Larry E. Kosta Executive Director Texas Department of Licensing and Regulation Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 463-3127 Consumer Notice Requirements 16 TAC sec.69.186 The commissioner of the Texas Department of Licensing and Regulation adopts an amendment to sec.69.186, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5030). The section allows the commissioner to authorize a registered retailer to sell or exchange a used manufactured home which is not or may not be habitable to governmental agencies or authorities or to nonprofit organizations providing housing for the homeless. Applications will be reviewed/authorized on an individual basis. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Articled 5221f, which provide the commissioner of the Texas Department of Licensing and Regulation with the authority to promulgate rules necessary to effectuate the purpose of the 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 November 4, 1991. TRD-9113776 Larry E. Kosta Executive Director Texas Department of Licensing and Regulation Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 463-3127 Titling 16 TAC sec.69.208 The commissioner of the Texas Department of Licensing and Regulation adopts an amendment to sec.69.208, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5030). The amendment assures that the local taxing authority collects the taxes due on a manufactured home prior to the title being transferred. Collectors for taxing units must file any lien for taxes for the prior calendar year by September 1 and extinguishes any lien not received and recorded by the department by the September 1 deadline. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 5221f, which provide the commissioner of the Texas Department of Licensing and Regulation with the authority to promulgate rules necessary to effectuate the purpose of the 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 November 4, 1991. TRD-9113777 Larry E. Kosta Executive Director Texas Department of Licensing and Regulation Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 463-3127 Part VI. Texas Motor Vehicle Commission Chapter 107. Warranty Performance Obligations 16 TAC sec.107.7 The Texas Motor Vehicle Commission adopts the repeal of sec.107.7, concerning Hearing Officer's Proposal for Decision in lemon law cases, without changes to the proposed text as published in the September 27, 1991, issue of the Texas Register (16 TexReg 5309). The repeal is adopted in conjunction with a concurrent submission which is entitled "Contested Cases: Decisions and Final Orders." The new section changes the manner in which hearings officers render decisions in lemon law cases. 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 November 6, 1991. TRD-9113931 Ruth Casarez Assistant Director-Consumer Affairs Texas Motor Vehicle Commission Effective date: November 27, 1991 Proposal publication date: September 27, 1991 For further information, please call: (512) 476-3618. The Texas Motor Vehicle Commission adopts new sec.107.7, concerning final decisions in lemon law complaint cases, with changes to the proposed text as published in the September 27, 1991, issue of the Texas Register (16 TexReg 5309). The new section is adopted to implement legislative amendments concerning final decisions enacted during the regular session of the 72nd Legislature. Recognizing the need to resolve lemon law complaints more expeditiously, the new section enables the executive director to delegate final decision-making authority to the hearings officers who actually conduct the lemon law hearings. This procedure eliminates the need for and time required for hearings officers to prepare proposals for decisions which are then forwarded to the executive director for entry of a final order. It provides instead that after conducting a hearing, the hearings officer is to prepare a written decision outlining what evidence he took into account in reaching his decision. The written decision, accompanied by a final order which includes the hearings officer's findings of fact and conclusions of law, as well as the relief that is granted or denied, is then mailed to the parties. The section speeds up the decision-making process by at least 20 days. The new section also provides a mechanism for review of the hearings officers' actions. A party who disagrees with a decision and final order entered by a hearings officer is given the opportunity to file a motion for rehearing within a specified period of time. A motion for rehearing may be directed to the executive director or to the commission as a body, at the election of the movant. The section details what is required in such motions and sets out the time frames for consideration and decision of motions for rehearing. It also provides how an appeal of a final order may be taken by a party aggrieved by a commission order. Comments on the proposed new section were received from Ford Motor Company, Consumers Union, Southern Regional Office, and from the commission's Consumer Affairs staff. In general, the comments were in favor of the rule as proposed. Ford supported the rule because it provided a way to expedite the resolution of lemon law cases. Consumers Union commented that the rule which allows the executive director to delegate final decision-making authority to hearings officers was consistent with the legislative intent to expedite the lemon law hearing process. In addition, it pointed out that by allowing a party who disagreed with the hearings officer's decision to file a motion for rehearing with either the executive director or with the commission, an important form of review was preserved from the consumers' viewpoint. It was noted that although going to the commission on a motion for rehearing would take longer than going to the director, a party at least had the option to present his argument to the commission whether he exercised it or not. If evidence resulted showing, for example, that respondents were routinely abusing the election to prolong the process, the commission could take corrective action at a later date. Commission's Consumer Affairs staff were in favor of the rule as a way to process lemon law complaints more quickly and as a way to insure a review process that consumers would perceive as fair and impartial. The commission agreed with the written and oral comments received at the October 30, 1991 meeting and adopted the rule as proposed with the addition of explanatory language relating to what should be included in a motion for rehearing. With this minor amendment, the commission voted to adopt new sec.107.7, entitled, "Contested Cases: Decisions and Final Orders." The new section is adopted under Texas Civil Statutes, Article 4413(36), sec.6. 07(e)(2), which provide that the commission shall adopt rules for procedures to be used by the executive director in the conduct of hearings and issuance of final orders in cases filed under the Texas Motor Vehicle Commission Code, sec.6. 07. sec.107.7. Contested Cases: Decisions and Final Orders. To expedite the resolution of lemon law cases, the executive director is authorized to delegate final decision-making authority to hearings officers. Review of the hearings officers' decisions and final orders shall be according to the procedures set forth as follows. (1) A hearings officer will prepare a written decision and final order as soon as possible but not later than 60 days after the hearing is closed. The decision and order will include the hearings officer's findings of fact and conclusions of law. (2) The decision and final order shall be sent to all parties of record by certified mail. (3) The decision and order is final and binding on the parties, in the absence of a timely motion for rehearing, on the expiration of the period for filing a motion for rehearing. (4) A party who disagrees with the decision and final order may file a motion for rehearing within 20 days from the date of the mailing of the final order. A motion for rehearing must include all the specific reasons, exceptions, or grounds that are asserted by a party as the basis of the request for a rehearing. It shall recite, if applicable, the specific findings of fact, conclusions of law, or any other portions of the decision to which the party objects. Replies to a motion for rehearing must be filed with the agency within 30 days after the date of the mailing of the final order. (5) A motion for rehearing may be directed either to the executive director or to the commission, as a body, at the election of the party filing the motion. If the party filing the motion does not include a specific request for a rehearing by the members of the commission, the motion shall be deemed to be a request for a rehearing by the executive director. (6) The executive director or the commission, as appropriate, must act on the motion within 45 days after the mailing of the final order or it is overruled by operation of law. The executive director or the commission, as appropriate, may, by written order, extend the period for filing, replying to and taking action on a motion for rehearing, not to exceed 90 days after the date of mailing the final order. In the event of an extension of time, the motion for rehearing is overruled by operation of law on the date fixed by the written order of extension, or in the absence of a fixed date, 90 days after the mailing of the final order. (7) If the executive director or the commission grants a motion for rehearing, the parties will be notified by first class mail. A rehearing before the executive director will be scheduled as promptly as possible. A rehearing before the commission will be scheduled at the earliest possible meeting of the commission. After rehearing, the executive director or commission shall issue a final order any additional findings of fact or conclusions of law necessary to support the decision. The executive director or the commission may also issue an order granting relief requested in a motion for rehearing or replies thereto without the need for a rehearing. If a motion for rehearing and the relief requested is denied, an order so stating will be issued. (8) A person who has exhausted all administrative remedies, and who is aggrieved by a final decision in a contested case from which appeal may be taken is entitled to judicial review under the substantial evidence rule. The petition shall be filed in a district court of Travis County, within 30 days after the decision or order of the agency is final and appealable. A copy of the petition must be served on the agency and any other parties of record. After service of the petition on the agency and within the time permitted for filing an answer, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding. If the court orders new evidence to be presented to the agency, the agency may modify its findings and decision or order by reason of the new evidence, and shall transmit the additional record to the court. 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 November 6, 1991. TRD-9113930 Ruth Casarez Assistant Director-Consumer Affairs Texas Motor Vehicle Commission Effective date: November 27, 1991 Proposal publication date: September 27, 1991 For further information, please call: (512) 476-3618. TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 129. Student Attendance Subchapter AA. Commissioner's Rules 19 TAC sec.129.1021 The Texas Education Agency (TEA) adopts new sec.129.1021, concerning commissioner's rules, without changes to the proposed text as published in the October 4, 1991, issue of the Texas Register (16 TexReg 5456). The new section creates an alternative method for calculating average daily attendance for districts with greater than 5.0% migrant enrollment. In qualifying districts, the district could use four of the six-week periods in lieu of full-year average daily attendance. Justification for the new section will be the implementation of policies that allow school districts with greater than 5.0% migrant enrollment an alternative method for calculating their average daily attendance. The amendment will function by allowing school districts with greater than 5. 0% migrant enrollment to use four of the six-week periods in lieu of full-year average daily attendance, as long as the annual average daily attendance (ADA) calculated by using the best four of the six-weeks periods does not exceed the sum of the number of students who have certificates of eligibility plus the ADA calculated by using all six six-week periods. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, sec.16.06(c), which provides the commissioner with the authority to establish policies regarding the determination of average daily attendance for school 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 October 18, 1991. TRD-9113773 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: November 25, 1991 Proposal publication date: October 4, 1991 For further information, please call: (512) 463-9701 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 48. Community Care for Aged and Disabled Release Hearings 40 TAC sec.48.4101 The Texas Department of Human Services (DHS) adopts a new undesignated head, Release Hearings, and new sec.48.4101 concerning adult protective services, release hearings, without changes to the proposed text as published in the October 1, 1991, issue of the Texas Register (16 TexReg 5393). Justification for the new section is to protect aged or disabled clients and the perpetrator's right to due process. The new section will function by providing protection for aged and disabled adults by permitting the department to notify an employer or other entity of Adult Protective Services findings of abuse, neglect, or exploitation, and by providing the perpetrator with the right of due process. No comments were received regarding adoption of the new section. The department did, however, make one editorial change to sec.48.4101(b). The new section is adopted under the Human Resources Code, Title 2, Chapters 22 and 48, which authorizes the department to administer public and protective services for the aged and disabled. 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 November 5, 1991. TRD-9113819 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: December 1, 1991 Proposal publication date: October 1, 1991 For further information, please call: (512) 450-3765 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. 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 approved a filing by the Crum and Forster Insurance Group of Companies of Basking Ridge, New Jersey proposing a rate revision to the Standard Insurance Agents and Brokers Errors and Omissions Program. This rate revision increases the increased limits factors by 15.5%, with a corresponding decrease in the base rates. This filing was approved to become effective December 1, 1991. This notification is made pursuant to the Insurance Code, Article 5.97, which exempts it from the requirements of the Administrative Procedure and Texas Register 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 November 5, 1991. TRD-9113867 Angelia Johnson Assistant Chief Clerk Texas Department of Insurance Effective date: December 1, 1991 For further information, please call: (512) 463-6327