Proposed Sections Before an agency may permanently adopt a new or amended section, or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before any action may be taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive sections, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 22. EXAMINING BOARDS Part II. State Board of Barber Examiners Chapter 51. Practice and Procedure The Board 22 TAC sec.51.1 The State Board of Barber Examiners proposes an amendment to sec.51.1, concerning the schedule of regular meetings and examinations. The proposed amendment provides that the board shall conduct regular meetings quarterly on the Tuesday following examinations. Jo King McCrorey, executive director, has determined that for the first five- year period the section is in effect there will be fiscal implications for state government as a result of enforcing or administering the section. The effect on state government for the first five-year period the section is in effect will be an estimated reduction in cost of $2,400 for fiscal years 1992-1996. There will be no effect on local government. Ms. McCrorey also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be reduced expenses for the conduct of board businesses. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Jo King McCrorey, Executive Director, 9101 Burnet Road, Suite 103, Austin, Texas 78758, (512) 835-2040. The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.1. Regular Meetings and Examinations. Examinations will be held on the first Monday of each month except September and any legal holiday which falls on the first Monday, when examinations will be held on the second Monday. Regular meetings of the State Board of Barber Examiners will be held quarterly
    [bi-monthly] on the Tuesday following the examination in the months of February, May
      [April], [June,] August, and November
        [October and December]. Regular meetings of the board will be held at the board's headquarters in Austin. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116228 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 Barber Colleges, Schools, and Students 22 TAC sec.51.12 The State Board of Barber Examiners proposes an amendment to sec.51.12, concerning inspection of a new barber school or college. The proposed amendment provides for more convenient inspections at times when two of the four qualified board members may not be available and students will be able to enroll at an earlier time. Jo King McCrorey, executive director, has determined that for the first five- year period the section is in effect there will be fiscal implications for state government as a result of enforcing or administering the sections. The effect on state government for the first five-year period the section is in effect cannot be determined, as the agency is unable to estimate how many new schools will open or change owners. There will be no effect on local government. Ms. McCrorey also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that new schools will be able to operate sooner and students will be allowed to begin schooling earlier. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Jo King McCrorey, Executive Director, 9101 Burnet Road, Suite 103, Austin, Texas 78758, (512) 835-2040. The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.12. Inspection of New Barber School or College. Two board members or one board member
          and the board's executive director
            [secretary] shall inspect a proposed new barber school or college to determine that is fulfills all requirements of the board and of the Texas Barber Law, sec.9. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116229 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.13 The State Board of Barber Examiners proposes an amendment to sec.51.13, concerning inspection of barber school or college when ownership changes. The proposed amendment provides for more convenient inspections at times when two of the four qualified board members may not be available. Jo King McCrorey, executive director, has determined that for the first five- year period the section is in effect there will be fiscal implications for state government as a result of enforcing or administering the section. The effect on state government for the first five-year period the section is in effect cannot be determined, as the agency is unable to estimate how many new schools will open or change owners. There will be no effect on local government. Ms. McCrorey also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that new owners of schools will be able to operate sooner and students can resume training. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Jo King McCrorey, Executive Director, 9101 Burnet Road, Suite 103, Austin, Texas 78758, (512) 835-2040. The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.13. Change of Ownership of Barber School. (a) Two board members or one board member
              and the board's executive director
                [secretary] shall inspect a barber school or college which has changed ownership to determine that it fulfills all requirements of the board and of the Texas Barber Law, sec.9. (b)-(c) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116230 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 The State Board of Barber Examiners proposes amendments to sec.sec.51.14-51.17 and 51.19-51.21, concerning hours and days schools or colleges are open; barber chairs per student; equipment for students; speciality equipment in barber school or college; absence of teachers; applications for enrollment in barber school or college; and deadline for enrollment applications to be in the office. The proposed amendments: call for information needed in the board office to be able to contact the owner or manager. Persons interested in attending barber school call for information quite frequently; make sure each student has a chair for practice; change some language to make the rule more effective and update required and optional equipment; add needed items to school or college equipment; change wording for stricter enforcement. The addition of doctor of osteopathic medicine is to comply with changes in the barber law made by the 71st Legislature, 1989. Jo King McCrorey, executive director, has determined that for the first five- year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Ms. McCrorey also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be information available to interested callers; quicker service; the necessary equipment to provide advertised services for students; safety and protection of the public; that students would not be supervised by a licensed teacher; the updating of records for the benefit of the public; and after the requirements of sec.51.20 have been met and the enrollment information has been received, a student certificate with picture is mailed to the school. Customers will know that a student has been approved to study and practice barbering in the school. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with sec.sec.51.15-51.17, 51.20, and 51.21 as proposed. Equipment is included in enrollment fees and the four added items have been required as standard equipment when a new school is inspected or when owners change. The anticipated economic cost to persons who are required to comply with sec.51.19 will be reduced from sending the notice by certified mail to regular mail. Comments on the proposal may be submitted to Jo King McCrorey, Executive Director, 9101 Burnet Road, Suite 103, Austin, Texas 78758, (512) 835-2040. 22 TAC sec.51.14 The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.14. Business Hours of Barber School. Each barber school or college must
                  [shall] inform the board in writing
                    which hours and days the school or college is open[.] and closed. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116231 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.15 The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.15. Barber Chairs Per Student. A barber school or college must
                      [shall] have one barber chair available for each student in attendance on the clinic floor
                        [during open hours]. Additional students in attendance must be assigned to the beginner's department or theory classroom
                          [shall be limited to one student assigned to the office and one student assigned to each additional shampoo basin in an existing separate shampoo area away from barber chairs]. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116232 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.16 The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.16. Equipment for Students. (a) The barber school or college must
                            [shall] issue each student his or her own textbook or books which shall contain all subjects referred to in the Texas Barber Law, sec.9. The board will approve each textbook or book before it may be used in the barber school or college curriculum. (b) Each student must
                              [shall] be equipped with all the necessary barber's tools equivalent to any Class A barber's kit, and shall have his or her own personal tools which shall include the following: (1)-(12) (No change.) (13) two washable uniforms
                                [one hair net]; (14)-(15) (No change.) (c) Optional equipment for the kit will be as follows: (1)-(2) (No change.) (3) one hair net
                                  [two washable smocks]; (4)-(5) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116233 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.17 The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.17. Specialty Equipment.
                                    Each barber school or college shall have: (1)-(3) (No change.) (4) two mannequins, one long-haired and one short-haired; [and] (5) a minimum of one wig, one hairpiece, and one hairwoven piece;
                                      [.] (6) clock; (7) bulletin board; (8) fire extinguisher with current inspection report; and (9) teacher's desk in classroom. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116234 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.19 The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.19. Absence of Teachers. (a) Whenever an approved barber school or college is without the services of at least one teacher who has a valid Texas barber teacher's certificate for all any portion of three consecutive business days, the owner, manager, or authorized agent of the school must
                                        [shall] notify the board in writing [by certified mail]. (b) This notification must
                                          [shall] be on or before the seventh calender day following the first day of the absence. (c) The written notice must
                                            [shall] explain the absence and its duration or expected duration. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116235 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.20 The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.20. Applying for Enrollment. (a) Each persons enrolling in an approved barber school or college in Texas must
                                              [shall] apply on forms furnished by the board. (b) The application for enrollment is prepared by the board in triplicate
                                                [duplicate] form. The original
                                                  [pink copy] must
                                                    [shall] be sent to the office of the board and two copies
                                                      [the white copy] must
                                                        [shall] be retained by the school [as the permanent record of the student]. (c) (No change.) (d) Each applicant must
                                                          [shall] submit to the board the following: (1) the original
                                                            [pink copy] of the application for enrollment form, completed and notarized. If the applicant is attending on a part-time basis [or is enrolling in a barber technical course or teacher's course], he or she shall specify that [classification] on the upper right corner of the original
                                                              [pink copy]. (2)-(3) (No change.) (4) a current health certificate, signed by a physician or doctor of osteopathic medicine
                                                                and notarized. The board will furnish a health certificate form. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116236 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.21 The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.21. Enrollment Application Deadline. Application for enrollment in a barber school or college must
                                                                  [shall] be sent to the office of the board in complete form within seven days of actual date of enrollment. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116237 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 The State Board of Barber Examiners proposes amendments to sec.sec.51.22, 51.25, 51.26, 51.29, and 51.35, concerning the first day a student attends a barber school; reenrollment of a student in the same school or transfer from another school; student progress reports; curriculum for each course taught in barber schools; and services that may be given by a barber's technician. The proposed amendments: change wording to be specific about the first date of enrollment; change wording to show a better picture of what actually takes place, especially when students transfer from one school to another; change wording and add a provision for computer printouts instead of handwritten or typed reports; are to comply with Senate Bill 430 passed by the Legislature in 1991; and define a barber's technician and clarify wording in the barber law passed in 1989. Jo King McCrorey, executive director, has determined that for the first five- year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. The curriculum may have more diversity as submitted by the school owners/teachers and the students would be able to provide more services to the public; and a barber's technician will be able to provide more services to patrons. There will be no effect on small businesses. Ms. McCrorey also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be customers will know how long a student has been enrolled in a course of study and practice when the student certificate is displayed; current information on the student certificate displayed at the student's work station; school owners who are already using computers will save time and the reports could be mailed to the office sooner. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Jo King McCrorey, Executive Director, 9101 Burnet Road, Suite 103, Austin, Texas 78758, (512) 835-2040. 22 TAC sec.51.22 The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.22. Date of Enrollment. the board will accept
                                                                    [consider] the first day a student attends the barber school or college as the actual date of enrollment. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116238 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.25 The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.25. Reenrollment Notification. (a) If a student returns to the same school or transfer to another school after an interruption, the school shall notify the board and a new
                                                                      [request the return of the] student certificate will be issued.
                                                                        [.] The reenrollment notification shall be in the office of the board no later than seven days after the date of reenrollment. (b)-(d) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116239 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.26 The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.26. Student Progress Reports. (a) Each barber school or college must
                                                                          [shall] send to the office of the board a monthly progress report of hours acquired by each student enrolled. (b) The report is to be made on forms prescribe by the board and printed, secured, or reproduced at the school's or college's expense. Computer printouts will be accepted provided the formatting is the same. (c)-(e) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116240 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.27 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the State Board of Barber Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The State Board of Barber Examiners proposes the repeal of sec.51.27, concerning deduction or increase of hours for barber students. The proposed repeal is on the advice of the attorney general's office that destruction of a student's record is contrary to the provisions of the Texas Record Act. Jo King McCrorey, executive director, has determined that for the first five- year period the repeal is in effect there will be fiscal implications for state government as a result of enforcing or administering the repeal. Ms. McCrorey also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be that students will not be deprived of the time and expense spent in barber school. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Comments on the proposal may be submitted to Jo King McCrorey, Executive Director, 9101 Burnet Road Suite, 103, Austin, Texas 78758, (512) 835-2040. The repeal is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.27. Deduction or Increase of Hours. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116241 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.29 The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.29. Mandatory Curriculum.
                                                                            Each barber school or college approved by the board shall include in its instruction the curriculum approved
                                                                              [prescribed] by the board. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116242 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.35 The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.35. Definition of Barber's Technician. Any licensed barber's technician may assist the barber in shampooing and sterilizing in a barber shop and shall work under the direction of a registered Class A barber or a men's hair stylist. No barber's technician may cut hair. A barber technician may give massages, administer facial treatments, and apply makeup. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116243 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 Examinations and Licensing The State Board of Barber Examiners proposes the repeals of sec.sec.51.53, 51. 56, and 51.59, concerning barbers from other states or countries; eligibility for examination; and deadline for completing examination. The proposed repeals are to comply with Senate Bill 430 passed by the Legislature in 1991, which provides that the board may administer the written examination after a student has completed 1,000 hours of the 1,500-hour course; and on the advice of the attorney general's office that destroying a student's record is contrary to the provisions of the Texas Record Act. Jo King McCrorey, executive director, has determined that for the first five- year period the repeals are in effect there will be fiscal implications for state government as a result of enforcing or administering the repeals. Ms. McCrorey also has determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be barbers from other states or countries will be issued a Texas barber license without having to wait for the next scheduled examination after application is made; the students will not have to wait until the manager/owner notifies the board that a student has completed the course; and students will not be deprived of the time and expense spent in barber school. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed. Comments on the proposal may be submitted to Jo King McCrorey, Executive Director, 9101 Burnet Road, Suite 103, Austin, Texas 78758, (512) 835-2040. 22 TAC sec.51.53 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the State Board of Barber Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeal is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.53. Out-of-State Applicant. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116244 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.56 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the State Board of Barber Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeal is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.56. Eligibility for Examination. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116245 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 The State Board of Barber Examiners proposes amendments to sec.sec.51.57, 51.63, and 51.85, concerning a current health certificate as part of the application for examination; failure of examination; and reciprocal/endorsement licensing of barbers from other states or countries. The proposed amendments: add wording from the barber law as amended by the 71st Legislature, 1989, to allow doctors of osteopathic medicine to sign health certificates; are needed because of the turnaround time for receiving grades from national testing does not leave enough time for the student to return to school and apply for the next examination; and comply with Senate Bill 430 passed by the legislature in 1991. Jo King McCrorey, executive director, has determined that for the first five- year period the sections are in effect there will be fiscal implications for state government as a result of enforcing or administering the sections. Ms. McCrorey also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be students who are treated by osteopaths will be able to have their health certificates signed; and barbers from other states or countries will be able to obtain a barber license without taking an examination. The public is relatively unaffected by sec.51.63. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sec.51.57 and sec.51.63 as proposed. The anticipated economic cost for sec.51.85 will be an application fee of $90 for fiscal years 1992-1996 and a license fee of $70 for fiscal year 1992-1996. Comments on the proposal may be submitted to Jo King McCrorey, Executive Director, 9101 Burnet Road, Suite 103, Austin, Texas 78758, (512) 835-2040. 22 TAC sec.51.57 The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.57. Applying for Examination. (a) (No change.) (b) Each applicant shall submit to the board the following: (1)-(2) (No change.) (3) a current health certificate, signed by a physician or doctor of osteopathic medicine
                                                                                a notarized. The board will furnish a health certificate form. (4)-(5) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116246 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.59 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the State Board of Barber Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeal is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.59. Deadline for Completing Examination. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116247 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.63 The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.63. Failure of Examination. [(a)] The board will notify an examinee which part of the examination was failed and will require only that part be retaken at another examination. [The board will return the student certificate and photograph to the barber school.] [(b) If the examinee failed the practical part of the examination, he or she shall return to the barber school or college for further study on the practical, full time at 40 hours a week until the next examination. If the examinee failed the written part of the examination, he or she shall return to barber school for further study of theory for one hour and 15 minutes on four days a week or one hour on five days a week until the next examination. [(c) The student is eligible to apply for the next examination. [(d) The barber school or college shall notify the board by letter that the student has returned to the school and wishes to appear for another examination. The letter shall also include the student certificate with photograph and another $10 fee.] This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116248 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.85 The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.85. Reciprocal/Endorsement Licensing of Barbers. (a) Applicant may call or write the board office to obtain the prescribed application forms by mail. The completed application, all required documents, and [separate] money order
                                                                                  [orders] or cashier's check
                                                                                    [checks] for the $90 application fee and the $70
                                                                                      [$60] licensing fee for a two- year Class A registered barber certificate must be mailed or
                                                                                        presented in person to
                                                                                          [at] the board office in Austin. [(b) The applicant's home licensing state or country must have a current reciprocal licensing agreement with the State of Texas.] (b)
                                                                                            [(c)] Applicant must be at least 16[1/2] years of age. (c)
                                                                                              [(d)] Applicant must submit proof of a 7th grade education. (d)
                                                                                                [(e)] Applicant must present a current original barber license from the home licensing state or country. (e)
                                                                                                  [(f)] Applicant must submit a certified transcript of hours completed in an approved barber school and proof of graduation. If the applicant has an apprentice or assistant barber license, proof of 1,500 hours of barber school or working experience will be required from the licensing board or barber school. (f)
                                                                                                    [(g)] Texas requires 1,500 hours of training substantially equivalent to the Texas curriculum. If the applicant graduated in a state that required less than 1,500 hours, documented work experience may be substituted at the rate of 25 hours per month worked, up to a maximum of 500 hours, or the applicant must complete the balance of hours required in an approved Texas barber school. (g)
                                                                                                      [(h)] Applicant must submit a physician's certificate on the prescribed form[,] signed by a physician or doctor of osteopathic medicine
                                                                                                        [stating that the applicant is free from infectious or contagious diseases, tuberculosis, or communicable diseases, is free from the use of any kind of morphine, cocaine, or other habit-forming drug, and is not a habitual drunkard]. (h)
                                                                                                          [(i)] Applicant must submit one current two-inch by two-inch process photograph (not Polaroid). (i)
                                                                                                            [(j)] Applicant must submit a letter from the licensing board in the home state, bearing its official seal of office, stating that the applicant's license is current and that no disciplinary action has been taken or is pending against the applicant. (j)
                                                                                                              [(k)] If the documents submitted do not all bear the same name, applicant must submit authentication of a change of name in the form of a photostatic copy of the applicable court order or marriage license. (k)
                                                                                                                [(l)] The application fee for reciprocal/endorsement
                                                                                                                  licensing is $90. The licensing fee for a two-year Class A barber certificate is $70
                                                                                                                    [$60]. [A separate money order or cashier's check is required for each fee, and] Both
                                                                                                                      [both] fees must be paid at the time of application[.] in the form of a money order or cashier's check.
                                                                                                                        The application fee is nonrefundable. The licensing fee will be refunded if the application [for reciprocal licensing] is disapproved. The Class A barber certificate is renewable biannually, upon proper application and payment of the $70
                                                                                                                          [$60] renewal fee. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116249 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 Barber Shops The State Board of Barber Examiners proposes amendments to sec.sec.51.92, 51. 94-51.96, concerning barber shops. The proposed amendments to sec.51.92 changes the word "shall" to "may", because barber poles are not only too expensive but difficult to find. The board has agreed that a decal or painting on a window or door is acceptable. The amendments to sec.51.94 and sec.51.95 proposed to include speciality shops that have been added since the rules were adopted in 1985 and 1986; and sec.51.96 to include specialty shops and schools. Jo King McCrorey, executive director, has determined that for the first five- year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Ms. McCrorey also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be to provide a sanitary environment and condition for the consumer. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Jo King McCrorey, Executive Director, 9101 Burnet Road, Suite 103, Austin, Texas 78758, (512) 835-2040. 22 TAC sec.51.92 The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.92. Barber Pole. (Symbol of Barbering Since Ancient Days). (a) Each barber shop may
                                                                                                                            [shall] display a barber pole on the exterior or visible from the exterior of the shop. This pole shall be red, white, and blue, and minimum of 12 inches high. (b)-(c) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116250 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.94 The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.94. Regulation of Dress in a Barber Shop 23>, Specialty Shop, or School. The board may suspend or revoke a permit or refuse to issue a permit if: (1) during routine or special investigation a person providing services
                                                                                                                              [barber] in a barber shop, specialty shop, or school
                                                                                                                                is found to be [barbering] dressed in a manner determined by the board to be in appropriate to guarantee a safe, sanitary, sterile condition for the protection of the consumer and the person providing the service
                                                                                                                                  [barber]; or, if, (2) a person maintains during application for a [barber shop] permit [the intent to barber] to be
                                                                                                                                    dressed in a manner determined by the board to be inappropriate to guarantee a safe, sanitary, sterile condition for the protection of the consumer and the person providing the service
                                                                                                                                      [barber. ]; or, if, (3) a student enrolled in a barber school is found not wearing a clean uniform or smock during school hours. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116251 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.95 The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.95. No Other Businesses in a Barber Shop, or Specialty Shop. (a) A barber shop or specialty shop
                                                                                                                                        shall not prepare for selling and/or sell feed and drink except by vending machine, and the shop shall be separated by a solid wall and have a separate entrance if located in the same building with a restaurant or food preparation area. This rule will not apply to a licensed barber shop or specialty shop
                                                                                                                                          in a department store when the sale of food and drink is not immediately adjacent to the [barber] shop. (b) No products may be sold in a barber shop or specialty shop
                                                                                                                                            other than products related to the practice of barbering, including, but not limited to, shampoos and treatment products, hair dyes, bleaches, wigs, toupees, and hairpieces, cosmetic preparations and skin treatments, manicuring preparations, and implements, appliances, or ornaments used on the hair, skin, or nails. (c) No services may be sold or in any way offered in a barber shop or specialty shop
                                                                                                                                              other than services traditionally associated with the practice of barbering, including the cleaning and shining of shoes. (d) Businesses selling products and/or services not related to the practice of barbering and located adjacent to a barber shop or specialty shop
                                                                                                                                                shall be separated from the shop by a solid wall and have a separate entrance. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116252 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.96 The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.96. Animals Prohibited in a Barber ShopSpecialty Shop or School. No animals shall be allowed in a barber shop, specialty shop, or school except animals used in the aid of sensory perceptions, such as seeing eye dogs. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116253 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 22 TAC sec.51.97 The State Board of Barber Examiners proposes new to sec.51.97, concerning booth rental permits. The new section is proposed because some barbers are individual contractors who pay their own taxes instead of paying the shop owner a percentage of their earnings. Jo King McCrorey, executive director, has determined that for the first five- year period the section is in effect there will be fiscal implications for state government as a result of enforcing or administering the section. The permits are good for two years. We can only estimate the revenue for 1993 and 1995. The estimated increase in revenue for state government will be $17,900. Effect on local government for the first five-year period the section will be in effect. There will be no effect on local government. Ms. McCrorey also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the individual permit holder will be responsible for violations instead of the shop owner. There will be no effect on small businesses. The anticipated economic cost to persons who are required to comply with the section as proposed will be a $50 booth rental permit fee. Comments on the proposal may be submitted to Jo King McCrorey, Executive Director, 9101 Burnet Road, Suite 103, Austin, Texas 78758, (512) 835-2040. The new section is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.97. Booth Rental Permit. Licensed barbers or specialists that contract, lease, or rent a booth in a barber shop or specialty shop must have an individual booth rental permit which is classified as a shop within a shop. Licensed barbers or specialist who work on a commission basis are not required to have a booth rental permit. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116254 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 Advertising 22 TAC sec.51.101 The State Board of Barber Examiners proposes an amendment to sec.51.101, concerning advertisements in the yellow pages of telephone directories. The amendment is proposed to add a barber school. Jo King McCrorey, executive director, has determined that for the first five- year period the section is in effect there will be fiscal implications for state government as a result of enforcing or administering the section. Ms. McCrorey also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that interested persons will be able to find the name and address of barber schools. There will be no effect on small businesses. The anticipated economic cost to persons who are required to comply with the section as proposed will be varied, depending on the size of the advertisement. Comments on the proposal may be submitted to Jo King McCrorey, Executive Director, 9101 Burnet Road, Suite 103, Austin, Texas 78758, (512) 835-2040. The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.101. Barber Advertisements.
                                                                                                                                                  A barber school or a
                                                                                                                                                    person who is a licensed barber may advertise in the yellow pages of the telephone directory under "Barber". The board will notify the administration of the telephone company for Texas of this ruling. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116255 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 Personnel-Qualifications and Duties 22 TAC sec.51.121 The State Board of Barber Examiners proposes an amendment to sec.51.121, concerning educational requirements for a barber inspector. The amendment is proposed in order to have better qualified inspectors. Jo King McCrorey, executive director, has determined that for the first five- year period the section is in effect there will be fiscal implications for state government as a result of enforcing or administering the section. Ms. McCrorey also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the inspectors will be better qualified to communicate with the barbers and customers. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Jo King McCrorey, Executive Director, 9101 Burnet Road, Suite 103, Austin, Texas 78758, (512) 835-2040. The amendment is proposed under Texas Civil Statutes, Article 8407a, sec.28(a), which provide the State Board of Barber Examiners with the authority to adopt rules and regulations for the transaction of business. sec.51.121. Barber Inspector.
                                                                                                                                                      All applicants for the position of barber inspector must be licensed barbers and must have practiced barbering for a least five years immediately prior to applying for the position of barber inspector. An applicant must have a high school diploma or GED. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116256 Jo King McCrorey Executive Director State Board of Barber Examiners Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 835-2040 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part I. General Land Office Chapter 1. Executive Administration Vacancies 31 TAC sec.1.3 The General Land Office proposes new sec.1.3 concerning fees. The new section will consolidate all General Land Office and School Land Board fees into one section, revise various fees, and clarify the application of certain fees. Mr. Stroud Kelley, acting general counsel, has determined that there will be fiscal implications as a result of enforcing the section. State revenue will increase by $21,881 per year for the first five years the section will be in effect. Mr. Kelley also has determined that for each year of the first five years the section will be in effect, the public benefit anticipated as a result of enforcing the section as proposed will be a specific and definite schedule of fees charged by the General Land Office for documents, services, and proceedings. There will be minimal effect on small businesses for the first five year period the section will be in effect. There is minimal anticipated economic cost to persons who are required to comply with the proposed section. Comments on the proposal may be submitted to Mr. Stroud Kelley, General Land Office, 1700 North Congress Avenue, Austin, Texas 78701. The new section is proposed under the Natural Resources Code, sec.31.051, sec.32.062, and sec.51.014, which authorize the commissioner to make, amend, and enforce rules consistent with the law. sec.1.3 Fees. (a) General. (1) Form of payment. Fees may be paid by cash, check, or other legal means acceptable to the General Land Office. (2) Time for payment. Payment is required in advance of issuance of permits, leases and other documents and/or delivery of services and/or materials by the General Land Office. (3) Dishonor or nonpayment by other means. In the event a fee is not paid due to dishonor, nonpayment, or otherwise, the General Land Office shall have no further obligation to issue permits, leases and other documents and/or provide services and/or materials. (b) General Land Office fees. The commissioner is authorized and required to collect the following fees where applicable. (1) Cost of land title documents: (A) preparation of each patent or deed of acquittance: $50; (B) preparation of each surface lease, assignment, amendment or miscellaneous easement: $50; (C) preparation and/or review of each other instrument required by law to be filed with the General Land Office: $25; (D) filing fee, original field notes: $25; (E) filing fee, corrected field notes: no charge; (F) filing fee, other instruments required by law to be filed with the General Land Office or accepted for filing by the General Land Office: $25; (G) recording fee per document, per county: the greater of $5.00 or the actual amount charged by the county clerk. (2) Certificates of facts. Certificates of facts, consisting of original award date, patent, deeds of acquittance, classification, and current mineral lease information: (A) submerged land and upland tracts classified as "dry grazing": $75; (B) other upland tracts: $100; (C) spanish document: $50; (D) narrative certificates of fact consisting of all data from the inception of chain of title to the date of perfection of title and mineral history in paragraph form: aforementioned fees with an additional charge of $20 per hour for preparation of each certificate. (3) Certificate of classification: (A) first file: $20; (B) each additional file: $10. (4) Maps and plats: (A) official maps: (i) cloth print: $40; (ii) paper print: $15; (B) other sketches and plats (blueline prints), per linear foot: $2.00; (C) working sketch, per hour ($50 minimum): $20. (5) Digital mapping: (A) digital mapping data per 7.5 minute quad: $10; (B) computer tapes: $10; (C) customized digital maps, per hour: $50; (D) postage and handling: $15. (6) Spanish translations: (A) original translations, per word (minimum $50) $.15; (B) copies of previously translated Spanish or Mexican titles: $2.50 per page. (7) Vacancies: (A) application fee: (i) applicant: $100; (ii) good faith claimant: $25; (B) filing fee: original field notes: $25; (C) affidavit filing fee: $25; (D) each deed, title opinion, or other piece of evidence needed to satisfy the commissioner of claimant's status, other than those filed in a contested case administrative proceeding: $25. (8) Appraisal fees. Appraisal fees are charged for appraisals required by applications for deeds of acquittance and vacancies. (A) first tract: $500; (B) each additional tract, same vicinity, same characteristics and same owner: $50; (C) if not listed above, or if 10 or more tracts are to be appraised at the same time, the fee may be negotiated by the General Land Office. (9) Duplication fees: (A) photostatic copies (required for all original records affecting land titles, including original land grant files, and materials. Spanish collection materials, school land and scrap files): (i) standard size, per shot: $2.50; (ii) full size, per shot: $3. 00; (iii) document larger than 12" X 18": $10; (iv) patents and deeds of acquittance: $5.00; (B) photostatic copies of maps, plats, and working sketches, per shot: (i) up to 12" X 18": $3.00; (ii) 12" X 18" to 20" X 24": $5.00; (iii) larger than 20" X 24": $10; (C) blueline copies, per print: (i) cloth, excluding mailing materials and cost: $40; (ii) paper: $15; (D) photocopies and microfilm copies: (i) first page: $.75; (ii) each additional page: $.50; (E) recorded media: (i) VCR tapes, each: $15; (ii) audio cassettes, each: $7.50; (F) photo processing (black and white only): (i) 10" X 10" internegative: $6.00; (ii) 10" x 10" contact print: $5.00; (iii) 11" X 14" enlargement: $8.00; (iv) 16" X 20" enlargement: $12; (G) all other duplication and information-processing fees: Based upon actual cost of duplication, as determined by the General Land Office. (10) Genealogy search: (A) per name: $3.00; (B) field notes research, per quarter hour (minimum $10): $10; (C) other research of the Official Records of the General Land Office, per hour (minimum 1/2 hour): $25. (11) mailing fees: (A) mailing tubes, each: $1.75; (B) registered mail, each item: $5.50; (C) handling and preparation for mailing, each item: $1.00. (12) Certification: (A) individual instruments or maps: $2.00 (B) contents of complete files, each file: $25; (C) copy of official Spanish translations, each: $25. (13) Publications: (A) abstract volume (on microfiche): $12.50; (B) abstract volume supplement: $10. (14) Submerged lease data: (A) annual subscription rate: $300; (B) monthly rate: $25; (C) single copy, subscriber: $37.50; (D) single copy, non-subscriber: $75; (E) energy information service, per year: $180; (F) magnetic tape, per tape: $165. (15) Geophysical and geochemical exploration permit fees: (A) Non Relinquishment Act lands: (i) permit application filing fee: $100; (ii) geophysical fees for bays, other tideland areas, and the Gulf of Mexico: (I) unleased tracts: $200 per each day of the full permit term; (II) leased tracts: no charge; (III) combination of unleased and leased tracts: $200 per each day of the full permit term; (iii) exploration inspection fees for leased and unleased bays, other tideland areas, and the Gulf of Mexico: $100 per each day of the full permit term; (iv) geochemical surface damage fees for leased and unleased uplands: $200 per crew per each day of the full permit term; (v) geophysical surface damage fees for leased and unleased uplands: (I) dinoseis, vibrations, and weight drop: $850 per line mile plus, if explosives are used in conjunction with or supplemental to these energy sources, $150 per shot hole; (II) each shooting crew, regardless of number of shot holes: $900 per line mile; (III) gravity meter and/or magnetometer: $200 per crew per each day of the full permit term; (IV) other Geophysical Exploration Techniques: Negotiable; (vi) bottom damages fees: (I) Gulf of Mexico when bottom damage will occur and in bays and other tideland areas: $100 per each day of the full permit term; (II) Gulf of Mexico when no bottom damage will occur: no charge; if bottom damage does occur during the permit term, the $100 per each day of the full permit term will be charged; (B) Relinquishment Act lands: (i) permit application filing fee: $100; (ii) all fees for surface damages, if any, are to be negotiated with the surface owner; (C) permit extension fees: all fees set out herein, except the permit application filing fee. (16) Miscellaneous services and fees: (A) in-kind contract maintenance fee. Processing and accounting for in-kind oil, gas, and other related product contracts, from purchaser of state-owned products: per barrel delivered: $.05; per MMBTU delivered: $.03; (B) Relinquishment Act lease processing fee: $100; (C) highway right-of-way lease processing fee, including preparation of lease: $100; (D) pooling application processing fee, including preparation and filing of pooling agreements: $100; (E) oil, gas, and mineral lease application and filing fee, including processing, lease preparation, and filing of any oil, gas, or mineral lease not subject to other processing or nomination fees: $100; (F) tract nomination fee, oil, gas, or mineral sealed bid lease sale fee: $100; (G) special sale and lease fee, sealed bid sale, as provided by Natural Resources Code; sec.32.110: 1.5% of the bid amount; (H) prospect permit filing fee: $50; (I) insufficient check fee (for each check returned): $25; (J) Chapter 51, Natural Resources Code, evaluation fee: 1.5% of the appraised value of the subject property, as determined by the Asset Management Division of the General Land Office. (c) School Land Board fees and charges. The School Land Board is authorized and required under Chapter 33, Natural Resources Code, to collect the fees and charges set forth in this subsection where applicable. (1) Definitions. The following words and terms, when used in this subsection, shall have the following meanings, unless the context clearly indicates otherwise. (A) Adjacent littoral property-The property, specified in the easement application as owned by the easement applicant, that is contiguous and borders the coastal public land upon which the easement is sought. (B) Appraised market value of adjacent littoral property -Fair market value of the unimproved adjacent littoral property. This value is the appraised value as determined by the appropriate tax appraisal district unless the School Land Board determines that such an appraisal is not reasonable after consultation with the appraisers of the General Land Office. (C) Basin-A structure used for commercial or industrial activity that consists of the area of the state land encumbered and any fixtures attached thereto. This definition includes the construction and maintenance of marinas, piers, walkways, docks, dolphins, and wharves and any and all dredged area associated therewith. (D) Basin formula-The amount of encumbered state land multiplied by the appraised market value of the adjacent littoral property multiplied by the submerged land discount multiplied by the return on investment. (E) Channel-An excavated or dredged structure on coastal public lands that enhances vessel access to littoral property. This definition applies only to commercial and industrial activity and excludes any structure that would be included in the definition of fill area or basin. (F) Commercial activity-Activity which is designed to enhance or accommodate a profit-making venture or is associated with a revenue generating activity. This definition excludes industrial activity and the marina or channel activities of a homeowners association. (G) Encumbered state land-The amount of state coastal public land encumbered by the permitted activity and is expressed in number of square feet. (H) Evaluation fee-A one time easement evaluation fee assessed upon the granting of the initial easement not to exceed 1.5% of the value of the state land encumbered. The value of the state land encumbered equals the state land encumbered multiplied by the appraised market value of the adjacent littoral property multiplied by the submerged land discount. (I) Fill area-A structure, excluding riprap, breakwaters, jetties, and groins that permanently and fully encumbers, and entirely displaces the water covering the coastal public land. This activity includes the construction and maintenance of bulkheads. (J) Fill formula-State land encumbered multiplied by the appraised market value of adjacent littoral property multiplied by the return on investment. (K) Homeowner's association-An association whose individual members hold full and exclusive legal title to residential dwellings within an adjacent littoral property area specifically defined in the easement application and are thereby entitled to sole and exclusive use of the rights and privileges of an easement for coastal public land granted by the State of Texas. (L) Industrial activity-A use of coastal public land not associated with private activity that facilitates and is ancillary to a manufacturing, processing, or gathering facility. (M) Industrial activity formula-Industrially encumbered state land multiplied by the appraised market value of the unimproved adjacent littoral property multiplied by the submerged land discount multiplied by the return on investment. (N) Industrially encumbered state land-The state coastal public land encumbered by industrial activity expressed in square feet as determined by General Land Office appraisers after consultation with the user. (O) Mineral interest holder-Holder of a state mineral lease who plans to dredge on state-owned coastal lands outside the state leasehold tract to obtain access to the state leasehold tract. (P) New dredging-Dredging which is not under current permit with the General Land Office. If the fixed rate schedule is used, the new dredging rate is charged for the first year, and the maintenance dredging fee is charged for each subsequent year of the easement term. (Q) Private activity-Activity which is not performed by a public entity and which does not enhance or accommodate a profit making venture. This definition specifically includes the marina and channel activities of a homeowners association. (R) Public activity-Activity which is performed by a public entity, is not designed to enhance or accommodate a profit making venture and is not associated with a revenue generating activity. (S) Public entity-City, county, state agency, board or commission, or any other political subdivision of the state. See sec.155.21 of this title (relating to Application; Nature of Original Lease; Sublease; Termination). (T) Regional slip occupancy-The percentage of actual marina boat slips rented in relation to the total number of commercially available slips in the given region as determined by the commissioner of the General Land Office and established October 1 of each year for the year following. (U) Return on investment-A number used in the Basin, fill, and industrial activity formulas that reflects a financial return expectation. The return on investment rate will be set annually by the School Land Board and will be effective at the beginning of each fiscal year. (V) Riprap-Concrete block, concrete rubble, brick, sack crete, or other similar material approved by the General Land Office. (W) Structure-As defined in Natural Resources Code, sec.33.004. (X) Submerged land discount-60% discount used in formulas when the easement is commercial, 70% discount used in formulas when the easement is industrial. (2) Coastal fees and charges. The School Land Board will charge the following coastal lease and coastal easement charges for use of coastal public land, and will charge the following structure registration and permit fees. The School Land Board charge will be based on either the fixed fee schedule or the alternate commercial, industrial, private, and public formulas as delineated in subparagraphs (C) and (D) of this subsection. The greater of the fixed fee or formula rate will be charged. (A) Coastal lease charges. The School Land Board may grant coastal leases to certain entities only, as prescribed by Natural Resources Code, sec.33.105 and sec.33.109. (i) Private activity: (I) filing fee: $25; (II) annual fee: negotiable/$5. 00 minimum. (ii) Commercial activity: (I) filing fee: $50; (II) annual fee: negotiable/$100 minimum. (iii) Public activity: (I) filing fee: $25; (II) annual fee: no charge. (B) Structure registration fee. Structure registration fee is required for private piers or docks that are 100 feet long or less and 25 feet wide or less and require no dredging or filling, as authorized by the Natural Resources Code, sec.33.115. Though School Land Board approval is not required for construction, the applicant must register the location of the structure. The registration is valid for the life of the structure: (i) filing fee: $25; (ii) annual fee: no charge. (C) Coastal easement fees. (i) Fixed fee schedule: (I) piers and docks: (-a-) private activity less than or equal to 300 feet in length and less than 2,500 square feet in area: (-1-) filing fee: $25; (-2-) annual fee: no charge; (-b-) private activity exceeding 300 feet in length and/or larger than 2, 500 square feet in area: (-1-) filing fee: $50; (-2-) annual fee: $.10 per square in length and/or larger than 2,500 square feet in area. The greater of the two rates will be charged/$100 minimum; (-c-) public activity: (-1-) filing fee: $25; (-2-) annual fee: no charge; (-d-) commercial: (-1-) filing fee: $50; (-2-) annual fee: $.20 per square foot/$100 minimum; (II) marinas: (-a-) Clear Lake: (-1-) filing fee: $50; (-2-) annual fee: $4.00 per boat slip linear foot; (-b-) other: (-1-) filing fee: $50; (-2-) annual fee: $3.00 per boat slip linear foot; (III) wharf: (-a-) filing fee: $50; (-b-) annual fee: $.30 per square foot/$100 minimum; (IV) breakwaters, jetties, groins, and riprap: (-a-) private activity: (-1-) filing fee: $25; (-2-) annual fee: $.03 per square foot/$10 minimum; (-b-) public activity: (-1-) filing fee: $25; (-2-) annual fee: no charge; (-c-) Commercial activity: (-1-) filing fee: $50; (-2-) annual fee: $.20 per square foot/$100 minimum; (V) dredging: (-a-) mineral interest holder: (-1-) filing fee: $50; (-2-) annual fee: first year fee for new dredging: $.02 per square foot/$100 minimum; maintenance dredging after first year of easement: $.005 per square foot/$100 minimum; (-b-) private activity: (-1-) filing fee: $50; (-2-) annual fee: first year fee for new dredging: $.03 per square foot/$100 minimum maintenance dredging after first year of easement: $.005 per square foot/$100 minimum; (-c-) public activity: (-1-) filing fee: $25; (-2-) new or maintenance dredging: no charge; (-d-) commercial activity: (-1-) filing fee: $50 (-2-) annual fee: first year fee for new dredging: $.05 per square foot/$100 minimum; maintenance dredging after first year of easement: $.01 per square foot/$100 minimum; (ii) alternate commercial, industrial, private, and public rate formulas: (I) channel: commercial activity: (-a-) filing fee: $50; (-b-) annual fee: commercial basin formula, or, if channel does not provide access for marina, basin formula; (-c-) evaluation fee: as defined; (II) basin: commercial and industrial activity: (-a-) industrial activity: (-1-) filing fee: $50; (-2-) annual fee: industrial activity formula; (-3-) evaluation fee: as defined; (-b-) commercial activity: (-1-) filing fee: $50; (-2-) annual fee: basin formula; (-3-) evaluation fee: as defined; (III) fill area: all activity: (-a-) private activity/public activity: (-1-) filing fee: $50; (-2-) annual fee: foot or fill formula, whichever is greater/$25 minimum; (-3-) evaluation fee: as defined; (-b-) commercial/industrial: (-1-) filing fee: $50; (-2-) annual fee: $.20 per square foot, $100 minimum, or fill formula; (-3-) evaluation fee: as defined. (D) Structure permits: (i) fees: (I) refundable deposit: $200; (II) annual fee for all structures excluding piers, docks, and walkways will be calculated at $.60 per square foot per year; (III) contract renewal: $175; (IV) new contract issuance: $325; (V) late payment penalty: 25% of past due amount; (VI) minimum annual payment: $175. (ii) term: not to exceed five years; (iii) the permittee may apply for a continuation of the previous fee if the permit was issued prior to July 18, 1983 (the date of the initial rate increase), and if the annual fee will impose an undue financial hardship on a current permit holder. (E) Term. The term for all coastal leases and coastal easements not previously specified is negotiable. School Land Board approval is required prior to construction. (F) Rental adjustments. (i) Methods: (I) fill area and basin. At every five-year interval in the term of the easement, the rental fees determined by either the basin formula, industrial activity formula, or fill formula will be adjusted by redetermining the appraised market value of the adjacent littoral property. The rental payment will be determined by the applicable rate formula used in determining the original rate; (II) channel: (-a-) five year adjustment. At every five year interval in the term of a channel easement, the rental fee for the easement will be adjusted. If the basin formula was used to determine the original easement fee, the fee will be adjusted by redetermining the appraised market value of the adjacent littoral property, and inserting the new value into the basin formula. If the channel density formula was used to determine the original easement fee, the fee will be adjusted by redetermination of the average regional slip rate and the regional slip occupancy, effective on the date of the readjustment, and recomputation of the channel density formula with the new values and the channel maintenance discount; (-b-) channel maintenance discount. The first year fee for channel easements, determined by either the channel density formula or the basin formula, will be 100% of the value determined by the applicable formula and for the second and all subsequent years of the easement, the rental fee will be 75% of the value determined by the applicable formula including any readjustments; (ii) minimum and maximum adjustment. All rental adjustments determined by reappraisal of the adjacent littoral property can increase by no more than 40% of the previous five years' rental nor by less than 20% of the previous five years' rental. This subsection is subject to School Land Board's discretionary authority. (G) Discretionary authority. The School Land Board may reduce or waive any fee set forth herein if such action would be in the best interest of the permanent school fund as determined by the School Land Board. (H) Implementation. (i) New residential developments. Upon the application for an easement associated with the development of a multi-unit or single-family residential project, the easement application will be processed and fee determined according to the appropriate commercial activity rate. Upon the sale of an individual residential unit associated with the easement, with sufficient infrastructure in place to convert use of the unit to private use (and use of associated easement to private activity), the original easement applicant, upon agreement with the commissioner of the General Land Office, may pay a conversion fee not to exceed 5.0% of the appraised market value of the unit and have the easement fee reduced by the percentage that the sold unit represented to the total number of units associated with the easement. At the time the conversion fee is paid under the provisions herein, the unit will then be considered to be subject to the private activity rates upon renewal of the easement. For units already sold prior to the effective date of this section, conversion to a private activity rate will be granted without the payment of the conversion fee. (ii) Additional terms. The commissioner of the General Land Office may require, as a condition for the granting of an easement set forth in this section, such additional terms that he feels are necessary to secure performance under any such easement. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 19, 1991. TRD-9116214 Garry Mauro Commissioner General Land Office Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 463-5394 Procedures for Hearings 31 TAC sec.1.91 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the General Land Office or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The General Land Office proposes that repeal of sec.1.91 concerning fees. The repeal is proposed to allow for the adoption of a new sec.1.3 which will consolidate all General Land Office and School Land Board fees into one section, revise various fees, and clarify the application of certain fees. Mr. Stroud Kelley, Acting General Counsel, has determined that because the rule is principally a recodification of existing rules, there will be no fiscal implications as a result of enforcing or administering the section. There will be no effect on state and local government for the first five year period the section will be in effect. Mr. Kelley also has determined that for each year of the first five years the section will be in effect, the public benefit anticipated as a result of enforcing the section as proposed will be a specific and definite schedule of fees charged by the General Land Office for documents, services, and proceedings. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Mr. Stroud Kelley, General Land Office, 1700 North Congress Avenue, Austin, Texas 78701. The repeal is proposed under the Natural Resources Code, ssec.31.051, 32.062, and 51.014, which authorize the commissioner to make, amend, and enforce rules consistent with the law. sec.1.91. Fees. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116215 Garry Mauro Commissioner General Land Office Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 463-5394 Part IX. Texas Water Commission Chapter 334. Underground and Aboveground Storage Tanks Subchapter H. Interim Reimbursement Program The Texas Water Commission proposes the repeal of sec. s334.312-334.316, amendments to sec.sec.334.301-334.302, 334.304-334.306, 334.308, 334.310, 334.319, and 334.322, and new sec.sec.334.312-316, concerning the interim reimbursement program. The amendments are proposed to implement certain provisions of House Bill 1214, which expanded the uses of the Petroleum Storage Tank Remediation Fund, and to make some changes in current protest procedures. These proposed rules were adopted in two separate packages by the commission on an emergency basis on August 9, 1991, and October 4, 1991. The proposed amendments are as follows: change the owner/operator contribution or "deductible" from $10,000 per occurrence to a sliding scale, based on the number of tanks owned and operated; allow for reimbursement for corrective action performed on or after September 1, 1987, instead of the previous date of May 31, 1989; allow for the reimbursement of corrective action performed in response to releases from spent oil tanks and hydraulic lift systems; allow for lenders who have security interests in property containing tanks to obtain reimbursement for clean-up work performed before or after foreclosure; allow the owners of land containing "ghost tanks" (tanks which leaked but were removed before the current property owner bought the land) to receive reimbursement; allow persons who do not own tanks on their land, but who perform the clean-up to seek reimbursement; limits the liability of lenders who hold indicia of ownership or foreclose on property involving tanks; and eliminates one appeals step in the protest procedures so that protestants go directly to the formal hearing process if the controversy cannot be resolved at the staff level. Section 334.301 (relating to Applicability of This Subchapter) is amended to provide that corrective action performed on or after September 1, 1987, is subject to reimbursement. Under prior rules, the date was May 31, 1989. This section is also amended to allow the executive director to prescribe applications and processing procedures for the new allowable costs authorized for reimbursement under House Bill 1214. The date June 16, 1991, is used in the rule. That is the effective date of House Bill 1214. Subsection (e) of this section has been omitted. This subsection limited the application of the reimbursement program to petroleum storage tanks. House Bill 1214 allows reimbursement for releases emanating from spent oil tanks and hydraulic lift systems as well. Section 334.302 (relating to General Conditions and Limitations Regarding Reimbursement-Interim Period) is amended in subsections (c) and (d) to eliminate the $10,000 deductible on corrective action coverage under the Petroleum Storage Tank Remediation Fund and allow for the new sliding scale deductible authorized by House Bill 1214. Subsection (d)(3) of this section was amended to clarify the existing rule that eligible owners, eligible operators and also their agents or assignees for payment may receive reimbursement. Subsection (e) was amended to eliminate redundant language in the rule. No substantive change is intended by the amendment to subsection (e). Subsection (i) was amended to add the word "eligible," which is not a change in the substance of the rules. Subsection (k) of sec.334.302 is amended by placing the date of July 17, 1990, in subsection (k)(1)(C). This does not constitute a change from the current rule in regard to insurers. The current rule, allows for persons receiving agency agreements and assignments from eligible owners and operators to receive reimbursement, but it only applies to transactions occurring on or after July 17, 1990. See sec.334.301(h) of the current rule (relating to Applicability of this Subchapter)). This rule preserves that date in regard to insurance policies. Section 334.304 (relating to Who May File Application-Interim Period) is amended by saying that eligible owners and operators and their agents may file applications for reimbursement. The current rule limits the people who may file to owners and operators of petroleum storage tanks. The definition of eligible owners and operators has been changed in sec.334.310 (relating to Requirements for Eligibility-Interim Period) so that owners and operators of spent oil tanks and hydraulic lift systems may be eligible for reimbursement. The purpose of amending sec.334.304 is to make it conform to the changes in sec.334.310. Likewise, the dates when corrective action was required by the commission in sec.334.404(3) and (4) are changed to conform to the changes in the law made by House Bill 1214. Work performed after September 1, 1987 (not May 31, 1989) may now be subject to reimbursement. Section 334.305 (relating to Where and How Documents Must be Filed-Interim Period) has been changed to require that the original application for reimbursement be sent to the Austin office of the Water Commission and that a copy be sent to the field office for the district where the tanks in question are located. The current rule requires that the original be sent to the Field Office. There are two changes to sec.334.306 (relating to Form and Contents of Application-Interim Period). First, subsection (b)(7) is amended to allow that invoices from the person who performed work may be submitted in fulfillment of the applications requirements of the rules. This is intended as a clarification of the phrase "business receipts" used in the current rule. Second, sec.334.306 is amended to allow the executive director to require a person filing an application to provide the information needed to review the application. If the person fails to provide that information, the executive director may return the application. The person will not be prejudiced by the return of the application and may refile with the proper information. This type of provision is already in the rules in sec.334.307 (relating to Technical Information Required-Interim Period). It is being inserted in this section to make it clear that applications must be complete prior to processing. Section 334.308 (relating to Allowable Costs-Interim Period) is amended in subsection (c)(18) to conform to the new law that corrective action performed after September 1, 1987, is subject to reimbursement. Subsection (e) is amended and subsections (f), (g), and (h) are added to allow for the reimbursement of corrective action costs connected with a release from a spent oil tank or a hydraulic lift system. It is important to note that corrective action expenses incurred responding to spent oil tank releases and hydraulic lift system releases are only eligible for reimbursement if these tanks are located at vehicle service and fueling facilities. The facilities are defined in sec.334.322 (relating to Subchapter H Definitions). Section 334.308 is also amended in subsection (c)(20) to conform to some numbering changes which occur later in this subchapter. The changes in sec.334.310 (relating to Requirements for Eligibility-Interim Period) are made to conform to the House Bill 1214 changes and to make some points in the current rules clearer. Subsection (a)(1)(A) expands the field of tanks to include hydraulic lift systems. Subsection (a)(1)(B) is added to help clarify the rules. A provision allowing past owners to apply for reimbursement was originally in sec.334.302 but no mention was made of it in this section, which addresses eligibility. Subsection (a)(1)(C) allows "ghost tank" owners and landowners who do not own the tanks located on their land to receive reimbursement for corrective action work they perform. Section 334.310(a)(3) is amended to make it clear that all tanks fees due up to the time a reimbursement warrant or check is released must be paid. This is not a change in practice. State statute provides that persons owing the money to the state may not receive state funds until accounts are settled, payments have not been released prior to the payment of all fees owed. Adjacent landowners may now apply directly for fund reimbursement if they own land which has been contaminated by a petroleum product eligible for reimbursement and if they choose to perform emergency abatement actions or choose to remediate the entire area contaminated by the spill. Hydraulic fluid and waste oil contamination spills are also eligible for reimbursement, but only if the adjacent landowner has an eligible petroleum storage tank on the site. Section 334.312 (relating to Owner/Operator Contribution) is new. It implements the sliding scale deductible which was created in House Bill 1214. The deductible amount or "owner/operator contribution" varies according to the number of tanks owned and operated at the time a complete application for reimbursement is filed. Due to the addition of new sec.334.312, current sec. s334.312 (relating to Review of Application by Executive Director-Interim Period), sec.334.313 (relating to Executive Director's Fund Payment Report-Interim Period), and sec.334.314 (relating to Protest of Fund Payment Report-Interim Period) have been repealed and renumbered sections are adopted here. Section 334.314 has also been changed to reflect the changed deductible or "owner/operator contribution established in new sec.334.312. Repealed sec.sec.334.314 (relating to Protest of Fund Payment Report-Interim Period), sec.334.315 (relating to Mediation of Dispute-Interim Period) and sec.334. 316 (relating to Formal Petition-Interim Period) all dealt with the procedures for protesting the amount of reimbursement which the executive director allows on an application. The procedure set forth in those sections requires that the staff and the applicant first try to negotiate a settlement. If that does not succeed, the rules provided for an intermediate step of going to the executive director or someone he designates to review the staff position one more time. Only then could an applicant file a request for relief directly with the commissioners. The new emergency sections adopted here eliminate the middle step. Under the new rules, if the staff and the applicant cannot reach a settlement, the applicant may request the commission to grant them relief. It is not the intention of the commission to discourage negotiation with the executive director or his staff by this amendment. The rule still provides that the staff and the applicant should attempt to resolve disputes. However, it is felt that the middle step adds an unnecessary burden on the applicant and makes the process longer. Section 334.319 implements new provisions limiting the liability of lenders who exercise control over property involving an underground or aboveground storage tank prior to foreclosure, or a lender who forecloses on property and with due diligence removes the tank and remediates the property. Section 334.322 (relating to Subchapter H Definitions) is amended by adding terms which apply to House Bill 1214 changes. Ms. Norma Nance, director of Budget, Planning, and Evaluation Division, has determined that for the first five-years these sections as proposed are in effect there will be fiscal implications as a result of administration and enforcement of the sections. These regulations are proposed to implement provisions of House Bill 1214, Acts of the 72nd Legislature, 1991 and any fiscal implications which may be attributed to these regulations are equivalent to the effects of the statutory authority. The effect on state government will be an increase in administrative cost. The exact amount of administrative demand cannot be determined, however the actual increase in cost will be limited to the approximately $600,000 of additional expenses for administration of the reimbursement program authorized by House Bill 1214. Local governments qualifying for reimbursement will realize a benefit for cleanup efforts which are now eligible for payment under the revised schedule. The fiscal impact would be equivalent to the eligible and reasonable remediation costs less the applicable deductible. For any new remediation projects the deductible paid would be reduced from $0-$9,000, depending on the number of tanks owned. The effects on all tank owners would be similar. Remediation efforts conducted between September 1, 1987 and May 31, 1989 would be eligible for reimbursement and obligations for deductibles paid would be reduced for all tank owners with less than 1,000 tanks. The total impact to state funds is estimated to be an additional liability of approximately $260 million in FY 1992 and an additional $40 million in each of the fiscal years 1993-1996. The actual increase in payments from state funds in these years is not known at this time but will be a function of the applications for reimbursement received and the commission's ability to process them. The impacts on small businesses are essentially the same as for larger concerns on the basis of each eligible remediation project affected by these rules. Small businesses may realize some increased benefit in that the lower deductibles will apply for the most part to owners of smaller numbers of tanks. Ms. Nance has also determined that for the first five years these sections will be in effect the public benefits anticipated as a result of enforcement of or compliance with the sections will be improvements in: the regulation of petroleum storage tank facilities, the remediation of sites contaminated by leaking storage tanks, the protection of the quality of the groundwater resources of the state, and the enforcement of the provisions of the Texas Water Code and the regulations of the Texas Water Commission. Comments on the proposal may be submitted to Erich Birch, Staff Attorney, Legal Division, Texas Water Commission, 1700 North Congress Avenue, P. O. Box 13087, Austin, Texas 78711-3087. Comments will be accepted until 5 p.m., 30 days after the date of this publication. 31 TAC sec.sec.334.301-334.302, 334.304-334.306, 334.308, 334.310, 334.312- 334.316, 334.319 and 334.322 The new sections and amendments are proposed under House Bill 1588 (71st Legislature, 1989) and House Bill 1214 (72nd Legislature, 1991), which require the Texas Water Commission to establish a groundwater protection program, and to implement a reimbursement program to responsible parties who clean-up sites on their own initiative; and sec.5.103 and sec.5.105, which provides the Texas Water Commission with the authority to adopt any sections necessary to carry out its powers and duties under the Texas Water Code and other laws of the State of Texas, and to establish and approve all general policy of the commission. sec.334.301. Applicability of this Subchapter. (a) Authorization for reimbursement. This subchapter authorizes the reimbursement of the expenses of corrective action taken in response to a release of: (1) petroleum products from a petroleum storage tank; (2) hydraulic fluid and other substances from a hydraulic lift system located at a vehicle service and fueling facility: and (3) spent oil and other substances from spent oil tank located at a vehicle service and fueling facility; provided that the tank listed under this subsection is also
                                                                                                                                                        [which is] subject to regulation under Subchapter D of this Chapter (relating to Release Reporting and Corrective Action). (b) (No change.) (c) Expenses considered for payment-time frame in which corrective action performed. Subject to the other requirements of this subchapter, the expenses which may be considered for payment from the petroleum storage tank remediation fund are limited to expenses of corrective action which was performed for the owner or operator on or after September 1, 1987
                                                                                                                                                          . [May 31, 1989.] Expenses for corrective action performed prior to September 1, 1987, are not subject to reimbursement or payment. (d) Expenses covered by House Bill 1214 not covered by prior law.
                                                                                                                                                            [for work performed prior to May 31, 1989.] Subject to the other requirements of this subchapter, expenses for corrective action covered by House Bill 1214, but which were not allowable under prior law
                                                                                                                                                              [performed prior to May 31, 1989,] may be subject to reimbursement. In order to process applications for new expenses allowed under House Bill 1214, the executive director may prescribe applications and processing procedures for claims relating to expenses which were not allowable prior to June 16, 1991, consistent with the following guidelines: (1) the procedures shall allow for the most expeditious processing possible for all types of applications, new and old: and also (2) the procedures shall be consistent with sound management of the petroleum storage tank remediation fund
                                                                                                                                                                [may qualify toward the $10,000 of corrective action expenses which the applicant is required to pay under sec.334.302(c)(1) of this title (relating to General Conditions and Limitations Regarding Reimbursement-Interim Period). Expenses for corrective action performed prior to May 31, 1989 are not subject to reimbursement or payment.] [(e) Petroleum storage tanks only. This subchapter applies only to those underground and aboveground storage tanks which contain petroleum products, as defined in sec.334.322 of this title (relating to Subchapter H Definitions).] (e)
                                                                                                                                                                  [(f)] Limitation. This subchapter shall not be construed to authorize reimbursement or payment from the Petroleum Storage Tank Remediation Fund in situations other than those described in subsection (a) of this section. (f)
                                                                                                                                                                    [(g)] Eligibility under other rules. An owner or operator of a petroleum storage tank who is not subject to this subchapter or who does not qualify as an eligible owner or operator under this subchapter is not automatically precluded from qualifying under any other rules which the commission may adopt to implement House Bill 1588, however: (1) any person seeking reimbursement or assistance under this subchapter must meet the requirements of this subchapter; and (2) any person seeking reimbursement or assistance under any other rules which the commission may adopt must meet the requirements of those rules. (g)
                                                                                                                                                                      [(h)] Operative date for this subchapter. This subchapter applies [to actions taken on and after July 17, 1990,] as follows: (1)-(2) (No change.) (3) All costs incurred in the course of performing corrective action which are incurred on or after September 1, 1987,
                                                                                                                                                                        [July 17, 1990] will be subject to the terms of this subchapter for the purposes of determining whether those costs are allowable.
                                                                                                                                                                          [;] Nothing in this paragraph shall be construed to invalidate payments made by the executive director under prior rules of the commission. sec.334.302. General Conditions and Limitations Regarding Reimbursement-Interim Period. (a)-(b) (No change.) (c) No payments shall be made by the commission under this subchapter for: (1) the owner/operator contribution described in sec.334.312 of this title (relating to Owner/Operator Contribution,
                                                                                                                                                                            [$10,000 of corrective action costs per occurrence,] which the executive director may apportion in the case of multiple claimants as provided in sec.334.314(f)
                                                                                                                                                                              [sec.334.313(f)] of this title (relating to Executive Director's Fund Payment Report-Initial Period) ; (2)-(3) (No change.) (d) No expenses for which reimbursement is claimed under this subchapter and no expenses which are to be applied to the owner/operator contribution
                                                                                                                                                                                [$10,000 of corrective action described in subsection (c)(1) of this section] shall be subject to reimbursement or applied to the owner/operator contribution [$10,000] unless the following conditions have been met: (1)-(2) (No change.) (3) the person
                                                                                                                                                                                  [owner or operator] seeking reimbursement must be an eligible owner or operator, as defined in sec.334.322 and sec.334.310 of this title (relating to Subchapter H Definitions and Requirements for Eligibility- Interim Period) or they must be authorized by an eligible owner or eligible operator to receive such payment pursuant to subsections (i), (j), and (k) of this section; (4) the expenses for which reimbursement is sought, and those which are to be applied to the owner/operator contribution
                                                                                                                                                                                    [$10,000 of corrective action described in subsection (c)(1) of this section] must be allowable costs, as defined in sec.334.308 of this title (relating to Allowable Costs-Interim Period); (5) the allowable costs for which reimbursement is sought and those which are to be applied to the owner/operator contribution
                                                                                                                                                                                      [$10,000 of corrective action described in subsection (c)(1) of this section] must be reasonable, as defined in sec.334.309 of this title (relating to Reasonable Costs-Interim Period); and (6) (No change.) (e) For purposes of this subchapter only, the persons listed in sec.334.310 of this title (relating to Requirements for Eligibility-Interim Period)
                                                                                                                                                                                        [following persons] may be eligible owners or operators, provided that they meet the other criteria prescribed by this subchapter .
                                                                                                                                                                                          [:] [(1) the current owner or operator; and [(2) any past owner or operator who, in response to a release, performed corrective action on or after May 31, 1989.] (f)-(h) (No change.) (i) Payment made to persons other than the eligible
                                                                                                                                                                                            owner or operator may only be made subject to subsections (j) and (k) of this section and may only be made to agents or assignees duly authorized to receive payment on behalf of an eligible owner or operator. (j) (No change.) (k) No payment of funds will be made to any person other than the owner or operator under this subchapter except as follows: (1) the person authorized to accept payment on behalf of an owner or operator is: (A)-(B) (No change.) (C) a person who has insured the owner or operator of petroleum storage tanks for pollution liability on or after July 17, 1990,
                                                                                                                                                                                              and who has paid claims on that policy for remediation costs for which the tank owner may be reimbursed under this subchapter; or (D) (No change.) (2) (No change.) sec.334.304. Who May File Application-Interim Period.
                                                                                                                                                                                                Only the following persons may file an application for reimbursement under this subchapter: (1) the eligible owner of a tank
                                                                                                                                                                                                  [the owner of the petroleum storage tanks] from which a release has occurred and for which partial or completed corrective action has been performed, or his duly authorized agent; (2) the eligible operator of a tank
                                                                                                                                                                                                    [the operator of the petroleum storage tanks] from which a release has occurred and for which partial or completed corrective action has been performed, or his duly authorized agent; (3) an owner or operator ordered by the commission or required in a written corrective action directive by the executive director on or after September 1, 1987
                                                                                                                                                                                                      [May 31, 1989], to assess the nature and extent of contamination in cases where no release is discovered, or the duly authorized agent of such owner or operator; or (4) a past owner or operator who, in response to a release performed corrective action on or after September 1, 1987
                                                                                                                                                                                                        [May 31, 1989]. sec.334.305. Where and How Documents Must be Filed-Interim Period. (a) Any application for reimbursement or claim for payment filed pursuant to this subchapter shall be filed as follows: (1) the original application and one complete copy, plus any fees and registration information required pursuant to sec.334.310(a) of this title (relating to Requirements for Eligibility-Interim Period) submitted to: Texas Water Commission, P. O. Box 13087, Austin, Texas 78711-3087, Attention: Petroleum Storage Tank Claims; (2) one complete copy of the application and attachments submitted to the Texas Water Commission District Office in the district where the tanks covered by the application are located; and [(1) the original application and one copy submitted to the Texas Water Commission District Office in the district where the tanks covered by the application are located. [(2) a complete copy of the original application plus any fees and registration information required pursuant to s334.310(a) of this title (relating to Requirements for Eligibility-Interim Period) submitted to: Texas Water Commission, P. O. Box 13087, Austin, Texas 78711-3087, Attention: Petroleum Storage Tank Claims.] (b)-(d) (No change.) sec.334.306. Form and Contents of Application-Interim Period. (a) (No change.) (b) The application shall contain the following: (1)-(6) (No change.) (7) Evidence that the amounts shown on the invoices for which reimbursement is requested have been paid in full by the claimant. The evidence must be accompanied by either: (A) business receipts or invoices from the person who performed the work
                                                                                                                                                                                                          , indicating payments received; (B)-(D) (No change.) (8)-(9) (No change.) (c) (No change.) (d) The executive director may require the applicant to supplement information already submitted or return the application without prejudice if the information is not sufficient to review the application. (e)
                                                                                                                                                                                                            [(d)] The applicant must update his application with any information not yet submitted to the executive director before processing or payment of claims at any stage begins. (f)
                                                                                                                                                                                                              [(e)] For purposes of this subchapter, the following are the phases of corrective action: (1) initial abatement measures and emergency actions phase; (2) preliminary site assessment phase; (3) comprehensive site assessment and remediation planning phase; (4) remediation phase; and (5) post-remediation phase. sec.334.308. Allowable Costs-Interim Period. (a)-(b) (No change. ) (c) Allowable costs shall include but not be limited to the following: (1)-(17) (No change.) (18) performance of any corrective action measure which is specifically required by an order of the commission or a written request or confirmation of the executive director on or after September 1, 1987
                                                                                                                                                                                                                [May 31, 1989]; (19) (No change.) (20) interest on the monies expended for an item of corrective action, provided that: (A)-(B) (No change.) (C) the rate of interest which may be reimbursed shall be the lesser of: (i) (No change.) (ii) a rate which does not exceed an amount that is 2.0% higher than the New York prime rate on the date which the corrective action item for which interest is claimed is approved for payment under sec.334.314
                                                                                                                                                                                                                  [sec.334. 313] of this title (relating to Executive Director's Fund Payment Report-Interim Period); (D) the only interest allowable is the interest which accrues on a corrective action item on or after the day on which the item itself is approved for payment under s334.314
                                                                                                                                                                                                                    [sec.334.313] of this title (relating to Executive Director's Fund Payment Report-Interim Period); and (E) (No change.) (21) (No change.) (d) (No change.) (e) The costs of abating the release from the petroleum storage tank and the costs of removal, transport and disposal of the petroleum storage tank, excluding associated piping, pumps and dispensers, are the only allowable costs in situations where: (A) a release of a petroleum product from a petroleum storage tank occurs near the location of a release of any other substance other than hydraulic oil from a hydraulic lift system or spent oil from a motor vehicle, located at a vehicle service and fueling facility
                                                                                                                                                                                                                      [used crankcase oil from a motor vehicle at a facility where motor vehicles are serviced]; and (B) (No change.) (f) The costs of abating the release from the hydraulic lift system and the costs of removal, transport and disposal of the tank, excluding associated piping and equipment, are the only allowable costs in situations where: (A) a release of hydraulic fluid occurs near the location of a release of any other substance other than: (i) petroleum products from a petroleum storage tank; (ii) spent oil from a tank located at a vehicle service and fueling facility; or (iii) another substance which the claimant can prove was contained in the hydraulic lift system; and (B) the contamination from the substance which is a hydraulic fluid could not reasonably be remediated under a separate and distinct corrective action plan from the substance which is not a hydraulic fluid. (g) The costs of abating the release from the spent oil tank and the costs of removal, transport and disposal of the tank, excluding associated piping and equipment, are the only allowable costs in situations where: (A) a release of spent oil occurs near the location of a release of any other substance other than: (i) petroleum products from a petroleum storage tank; (ii) hydraulic fluid from a hydraulic lift system; or (iii) another substance which the claimant can prove was contained in the spent oil tank; and (B) the contamination from the substance which is a spent oil could not reasonably be remediated under a separate and distinct corrective action plan from the substance which is not a spent oil. (h) In addition to other requirements, no corrective action costs connected with the release of spent oil shall be allowable unless the spent oil was released from a tank located at a vehicle service and fueling facility, nor shall any costs connected with the release of hydraulic fluid be allowable unless the hydraulic fluid was released from a hydraulic lift system. sec.334.310. Requirements for Eligibility-Interim Period. (a) In order for a person to be an eligible owner or operator under this subchapter: (1) they must meet the other requirements of this chapter and
                                                                                                                                                                                                                        must be : (A) an owner or an operator of a petroleum storage tank, a hydraulic lift system, or a spent oil tank
                                                                                                                                                                                                                          [as defined in s334.322 of this title (relating to Subchapter H Definitions)] which is subject to the requirements of Subchapter D of this chapter (relating to Release Reporting and Corrective Action); (B) any past owner or operator of a tank described in subparagraph (A) of this paragraph who performed corrective action on or after September 1, 1987 in response to a release of petroleum products from such tank; (C) an owner of land who can clearly prove that the land has been contaminated by a release of petroleum products from a tank described in subparagraph (A) of this paragraph which is or was located on said land and who performed corrective action in response to a release of petroleum products from such tank; (D) a lender who has a bona fide security or lienhold interest in or mortgage lien on any property where a tank described in subparagraph (A) of this paragraph is or was located and who performed corrective action in response to a release of petroleum products from such tank; and (E) a lender who forecloses and becomes the owner of property contaminated by a release of petroleum products from a tank described in subparagraph (A) of this paragraph, and who performed corrective action in response to a release of petroleum products from such tank. (2) (No change.) (3) all annual facility fees due since September 1, 1987, pursuant to sec.334.21 of this title (relating to Fee Assessment), and since September 1, 1989, pursuant to sec.334. 124 of this title (relating to Aboveground Storage Tank Fees) for all underground and aboveground storage tanks which they own or operate must be paid to the executive director, except for those tanks which the owner or operator, upon reasonable inquiry, could not have known existed. All fees which come due up until the time that reimbursement funds are released to the claimant must be paid;
                                                                                                                                                                                                                            and (4) (No change.) (b)-(d) (No change.) sec.334.312. Owner/Operator Contribution. (a) The executive director shall deduct from any amount claimed for reimbursement an amount of allowable costs equal to the owner/operator contribution described in this section. (b) The owner/operator contribution for each occurrence shall be as follows: (1) for a person who owns or operates a total of 1,000 or more single petroleum storage tanks, $10,000; (2) for a person who owns or operates a total of 100-999 petroleum storage tanks, $5,000; (3) for a person who owns or operates a total of 13-99 petroleum storage tanks, $2,500; and (4) for a person who owns or operates a total of less than 13 petroleum storage tanks, $1,000. (c) It shall be presumed for purposes of this section that a person owns: (1) the number of tanks for which he is registered as the owner in the records of the executive director on the date that an administratively complete application is filed with the executive director; or (2) the number of tanks actually owned by the eligible owner or operator on the date that an administratively complete application is filed with the executive director, whichever is greater. sec.334.313. Review of Application by Executive Director-Interim Period. (a) An application for reimbursement or supplemented application filed under this subchapter shall be subject to review by the executive director: (1) to determine if the information which is required to be submitted under this subchapter has been filed with the executive director; and (2) to examine the substance of the application, including without limitation: (A) the cost effectiveness and fiscal merits of the corrective action taken at the facility; and (B) the technical merits of the corrective action taken at the facility; (b) An application which does not contain all the information required by this subchapter may be returned by the executive director without prejudice. Return of the application by the executive director without prejudice does not prevent the applicant from filing another application for the same occurrence any time on or before the effective date of final rules adopted to succeed this interim subchapter. (c) The executive director is not required to commence the substantive review of an application until he has received all of the information this subchapter requires the applicant to submit in order for the executive director to review a claim for payment. (d) If, during the course of the substantive review, the executive director finds that additional information of the type required by this subchapter is needed to evaluate the application, he may require the applicant to provide such additional information. Further review of the application may be postponed until such information is received by the executive director. sec.334.314. Executive Director's Fund Payment Report-Interim Period. (a) Upon completion of the review of an application, the executive director shall prepare a Fund Payment Report, indicating which of the applicant's claims the executive director believes should be reimbursed and which claims should not be reimbursed. If the executive director finds that any claim should not be pad or not paid to the full amount claimed, he shall briefly state the reasons in his report. The executive director shall submit a copy of his Report to the applicant. (b) The applicant shall review the Fund Payment Report and shall file a written response with the executive director within 45 days of receipt of the report. The response shall be on a form provided or approved by the executive director. The applicant may consent or object to all or any part of the report. If the executive director has not received a response from the applicant within 45 days from the date on which the applicant received the Report, the following shall occur: (1) all claims approved for reimbursement in the fund payment report shall be eligible for payment; (2) any claim addressed in the fund payment report shall be deemed satisfied in full; and (3) the applicant will have waived his right to object to any item addressed in the fund payment report. (c) Any item recommended for payment in the fund payment report to which the applicant objects shall not be eligible for payment until the executive director and the applicant agree on an amount for payment or until the commission orders payment in a prescribed amount, whichever occurs first. (d) Any item recommended for payment in the fund payment report to which the applicant consents by filing a timely response to the fund payment report shall be eligible for reimbursement when the executive director receives the applicant's consent form. The consent of the applicant to any item recommended for payment shall mean that any claim covered by that item is considered satisfied in full. (e) The executive director may in his discretion pay claims which he has approved for payment by sending payment with the fund payment report. f) In cases where there are two are more applicants filing claims for one occurrence, the executive director may make an equitable apportionment of the owner/operator contribution described in sec.334.312 of this title (relating to Owner/Operator Contribution). sec.334.315. Protest of Fund Payment Report-Interim Period. (a) If he disagrees with any conclusion in the fund payment report the applicant may file a protest with the executive director within 45 days of the date on which he receives the fund payment report. (b) The protest must be in writing and signed by the applicant. It must be on a form prescribed or approved by the executive director. It must contain the following: (1) the name and address of the applicant; (2) the address of the facility in question and the executive director's facility number, if any; (3) a copy of the Fund Payment Report which is the subject of the protest, or the application number which appears on the Fund Payment Report; and (4) a clear statement of each item which the applicant disputes on the executive director's fund payment report and of any other complaint the applicant has relating to the claim. (c) The protest shall be filed with the executive director by sending or delivering it to the office indicated in the fund payment report materials. (d) The applicant and the staff of the executive director shall attempt to resolve any disputes over the fund payment report informally. If no resolution is reached by the staff and the applicant within 45 days of the date on which the executive director receives a protest, the applicant may file a petition requesting the commission to grant relief. sec.334.316. Formal Petition-Interim Period. (a) The applicant shall file the petition with the chief clerk in the manner prescribed generally by this title for filing petitions with the commission and he shall serve a copy of the petition on the executive director. (b) The petition shall set forth the relief which the applicant requests and shall contain the same information required for the protest, as prescribed in of sec.334.315(b) of this title (relating to Protest of Fund Payment Report-Interim Period). sec.334.319. Administrative Penalties and Other Actions-Initial Period. Nothing in this subchapter precludes the commission from issuing orders, assessing administrative penalties, or taking any other action permitted by law against any person for violation of any statute, any rule of the commission or any order of the commission. sec.334.322. Subchapter H Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. House Bill 1214 -House Bill 1214 (72nd Legislature, Regular Session, effective June 16, 1991). Hydraulic Fluid -Any regulated substance that is normally used in a hydraulic lift system. Lender- (A) a state or national bank; (B) a state or federal savings and loan association or savings bank; (C) a credit union; (D) a state or federal government agency that customarily provides financing; or (E) an entity that is registered with the Office of Consumer Credit Commissioner pursuant to Chapter Seven, Title 79, Revised Statutes (Texas Civil Statutes, Article 5069-7.01, et seq) if the entity is regularly engaged in the business of extending credit and if extending credit represents the majority of the entity's total business activity. Spent oil-A regulated substance that is a lubricating oil or similar petroleum substance which has been refined from crude oil, used for its designed or intended purposes, and contaminated as a result of that use by physical or chemical impurities, including spent motor vehicle lubricating oils, transmission fluid, or brake fluid. Vehicle service and fueling facility-A facility where motor vehicles are serviced or repaired and where petroleum products are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116287 John Vay Director, Legal Division Texas Water Commission Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 463-8069 31 TAC sec.sec.334.312-334.316 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Water Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under House Bill 1588 (71st Legislature, 1989) and House Bill 1214 (72nd Legislature, 1991), which require the Texas Water Commission to establish a groundwater protection program, and to complement a reimbursement program to responsible parities who clean-up sites on their own initiative; and sec.5.103 and sec.5.105, which provides the Texas Water Commission with the authority to adopt any sections necessary to carry out its powers and duties under the Texas Water Code, and other laws of the State of Texas, and to establish and approve all general policy of the commission. sec.334.312. Owner/Operator Contribution. sec.334.313. Review of Application by Executive Director-Interim Period. sec.334.314. Executive Director's Fund Payment Report-Interim Period. sec.334.315. Protest of Fund Payment Report-Interior Period. sec.334.316. Formal Petition-Interim Period. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116288 John Vay Director, Legal Division Texas Water Commission Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 463-8069 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part IX. Commission on Jail Standards Chapter 273. Medical Services in County Jails 37 TAC sec.273.5 The Texas Commission on Jail Standards proposes an amendment to sec.273.5, concerning the essential elements of the suicide prevention plan developed by each county. While the sheriff is still required to develop a written plan and file it with the commission, the specific contents will no longer be mandates but rather will be recommendations. Further, the reporting of only completed inmate suicides to appropriate persons is endorsed. These changes will provide for discretion at the lower level to allow for diverse circumstances and will correspond to Article 49.18(a) of the Texas Code of Criminal Procedure for reporting in-custody suicides. Jack E. Crump, executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Crump also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section as proposed will be that sheriffs will be provided with guidelines for suicide plans that are in accord with state law and that provide sufficient latitude for county officials to meet local needs. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Jack E. Crump, Executive Director, Texas Commission on Jail Standards, P.O. Box 12985, Austin, Texas 78711. The amendment is proposed under the Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation for county jails. sec.273.5. Suicide Prevention Plan. (a)-(b) (No change.) (c) Essential elements of the Suicide Prevention Plan should
                                                                                                                                                                                                                              [shall] include: (1)-(6) (No change.) (7) reporting. Procedures for reporting of [potential, attempted, and] completed suicides to appropriate outside authorities and family members; (8) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 17, 1991. TRD-9116207 Jack E. Crump Executive Director Texas Commission on Jail Standards Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 463-5505 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part II. Texas Rehabilitation Commission Chapter 113. Comprehensive Medical Rehabilitation 40 TAC sec.sec.113.1-113.5 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Rehabilitation Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Rehabilitation Commission proposes the repeal of sec.sec.113.1-113.5, concerning comprehensive medical rehabilitation. Comprehensive Medical Rehabilitation will be replaced by Comprehensive Rehabilitation Services as authorized by Senate Bill 195 companion to House Bill 621, 72nd Legislature of the State of Texas. Charles Harrison, comptroller, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Harrison also has determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be to comply with Senate Bill 195. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to John Fenoglio, Deputy Commissioner, Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Austin, Texas 78751-2316. The repeals are proposed under Senate Bill 195 companion to House Bill 621, the Texas Human Resources Code, Title 7 which provides the Texas Rehabilitation Commission with the authority to make regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, investigation, and determination for hearings, and other regulations necessary to carry out the purposes of this chapter. sec.113.1. Purpose. sec.113.2. Basic Requirement for Eligibility. sec.113.3. Ineligibility. sec.113.4. Services Provided. sec.113.5. Availability of Service. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116279 Charles W. Schiesser Assistant Commissioner Texas Rehabilitation Commission Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 483-4051 40 TAC sec.113.1 The Texas Rehabilitation Commission proposes new sec.113.1, concerning comprehensive rehabilitation services is adopted by reference as it appears in the Texas Rehabilitation Services Manual (TRC RSM) 08-15, Comprehensive Rehabilitation Services which is attached hereto. Charles Harrison, controller, has determined that there will be fiscal implications as a result of enforcing or administering the section. The effect on state government for the first five-year period the section will be in effect will be an estimated increase in revenue of $1,975,000 in 1992-1996. The effect on local government for the first five-year period the section will be in effect will be an estimated increase of $220,000 in 1992-1996. Mr. Harrison also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section as proposed will be $1,975,000 annually will be used to provide comprehensive rehabilitation services to individuals with traumatic brain injuries and spinal cord injuries. Expected to raise awareness of consequences of speeding, driving while intoxicated and no protective headgear. There will be no effect on small businesses. The anticipated economic cost to persons who are required to comply with the section as proposed will be $2,194,400 in 1992-1996. Comments on the proposal may be submitted to John Fenoglio, Deputy Commissioner, Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Austin, Texas 78751-2316. The new section is proposed under Senate Bill 195 companion to House Bill 621, the Texas Human Resources Code, Title 7 which provides the Texas Rehabilitation Commission with the authority to make regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, investigation, and determination for hearings, and other regulations necessary to carry out the purposes of this chapter. sec.113.1. Policy and Procedure. (a) The commission proposes to adopt by reference policy and procedures contained in Texas Rehabilitation Commission Services Manual (TRC RSM) Number 08-15 entitled Comprehensive Rehabilitation Services
                                                                                                                                                                                                                                . (b) Copies are available for review in the Programs Office, Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Austin, Texas 78751. Copies are available on request. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116278 Charles W. Schiesser Assistant Commissioner Texas Rehabilitation Commission Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 483-4051 Part III. Texas Commission on Alcohol and Drug Abuse Chapter 151. Licensure General Provisions 40 TAC sec.151.19 (Editor's Note: The Texas Commission on Alcohol and Drug Abuse proposes for permanent adoption the amended section it adopts on an emergency basis in this issue. The text of the amended section is in the Emergency Rules section of this issue.) The Texas Commission on Alcohol and Drug Abuse proposes an amendment to sec.151.19, concerning licensure procedures and standards. The amendment is proposed as a result of the commission's commitment to protect the rights of clients receiving chemical dependency treatment in facilities licensed by the commission. The proposed amendment strengths and clarifies existing provisions related to client rights. John Hopkins, director, Fiscal and Support Services department, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Hopkins also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that protection of clients' rights in chemical dependency treatment facilities licensed by the commission will be enhanced. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Denise Mosel, Division Assistant, Administrative Services Division, Texas Commission on Alcohol and Drug Abuse, 720 Brazos, Suite 403, Austin, Texas 78701-2506. The amendment is proposed under the Texas Health and Safety Code, Title 6, Subtitle B, Chapter 464, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to establish procedures and standards for the licensure of chemical dependency treatment facilities. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116195 Bob Dickson Executive Director Texas Commission on Alcohol and Drug Abuse Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 867-8720 40 TAC sec.sec.151.61, 151.64, 151.65, 151.68, 151.69, 151.72, 151.73 (Editor's Note: The Texas Commission on Alcohol and Drug Abuse proposes for permanent adoption the amended sections it adopts on an emergency basis in this issue. The text of the amended sections is in the Emergency Rules section of this issue.) The Texas Commission on Alcohol and Drug Abuse proposes amendments to sec.sec.151.61, 151.64, 151.65, 151.68, 151.69, 151.72, and 151.73 concerning licensure procedures and standards. The amendments are proposed as a result of the commission's commitment to protect the rights of clients receiving chemical dependency treatment in facilities licensed by the commission. The proposed sections strengthen and clarify existing provisions related to client rights. John Hopkins, director, Fiscal and Support Services Department, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Hopkins also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be that protection of clients' rights in chemical dependency treatment facilities licensed by the commission will be enhanced. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Denise Mosel, Division Assistant, Administrative Services Division, Texas Commission on Alcohol and Drug Abuse, 720 Brazos, Suite 403, Austin, Texas 78701-2506. The amendments are proposed under the Texas Health and Safety Code, Title 6, Subtitle B, Chapter 464, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to establish procedures and standards for the licensure of chemical dependency treatment facilities. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 20, 1991. TRD-9116197 Bob Dickson Executive Director Texas Commission on Alcohol and Drug Abuse Earliest possible date of adoption: February 3, 1992 For further information, please call: (512) 867-8720