Adopted Sections
An agency may take final action on a section 30 days after a proposal has been 
published in the Texas Register. The section becomes effective 20 days after the 
agency files the correct document with the Texas Register, unless a later date 
is specified or unless a federal statute or regulation requires implementation 
of the action on shorter notice.
If an agency adopts the section without any changes to the proposed text, only 
the preamble of the notice and statement of legal authority will be published. 
If an agency adopts the section with changes to the proposed text, the proposal 
will be republished with the changes.
TITLE 4. AGRICULTURE
Part I. Texas Department of Agriculture
Chapter 19. Seed Division
4 TAC sec.sec.19.1-19.3, 19.11, 19.12
The Texas Department of Agriculture adopts amendments to  sec.sec.19.1-19.3, 19. 
12, and new sec.19.11, concerning Seed Division. Section 19.3 is adopted with 
changes to the proposed text as published in the October 18, 1991, issue of the  
Texas Register (16 TexReg 5755). Sections 19.1, 19.2, 19.11, and 19.12 are 
adopted without changes and will not be republished.
The amendments to sec.19.1 and sec.19.2 clarify and update the existing 
regulations. The amendment to sec.19.3 is made to allow the establishment of 
noxious weed control districts for castor to keep the weed out of areas in which 
there is a high production of food grade corn and add annual bluegrass seed to 
the existing list of noxious weed seeds in order to keep Texas from serving as a 
dumping ground for inferior quality turfgrass seed. New sec.19.11 is adopted to 
allow for a more practical enforcement of the vegetable seed labeling provisions 
of the Texas Seed Law and Chapter 19.
The amendment to sec.19.1 clarifies the definition of "brand" as used in Chapter 
19 to prevent the use of the term in the labeling for a variety name. The 
amendment to sec.19.2 eliminates the variable percentage of hybrid seed labeling 
to promote the marketing of a higher quality of hybrid seed.
The amendment to sec.19.3 adds castor and annual bluegrass seed to the existing 
list of noxious weed seeds, makes the list consistent with recognized taxonomy 
weed seed name changes, and corrects misspelled names. Section 19.3 is adopted 
with changes. At paragraph (1), the spelling of the scientific name for 
itchgrass was inadvertently misspelled and has been corrected. In addition, at 
paragraph (5), the scientific name for castor was inadvertently omitted, and has 
been added.
New sec.19.11 clarifies labeling regulations now used for vegetable seed sold 
from bulk containers. The amendment to  sec.19.12 updates the rules for testing 
of seed, established criteria for labeling of seed, and updates the name and 
address of the department's seed program office.
Comments generally in favor of the regulations were made by the Texas Seed Trade 
Association. Several seed companies commented on the regulations. Several 
individual seed companies expressed concerns for the addition of annual 
bluegrass to the list of noxious weed seeds and requested that an exemption be 
made for annual bluegrass seed in grasses intended for forage use. The 
department agrees that the classification of annual bluegrass as a noxious weed 
seed should only apply when found in seed marketed for lawn and turf purposes. 
The amendment to sec.19.3, as proposed states that intent in footnote number 
one.
Another comment was made by a seed company in opposition of the addition of 
castor to the noxious weed seed list. The commenter expressed concern that the 
addition of castor to the noxious weed seed list would be detrimental to the 
efforts in to produce and market castor as an oil seed crop. The department 
disagrees that the addition of castor to the noxious weed seed list will hinder 
production and marketing of castor. The addition of castor to the list will not 
prevent anyone from marketing castor seed or other kinds of planting seed 
containing castor seed for planting purposes or other kinds of planting. The 
addition of castor to the list will, however, enable local governments to take 
action through a noxious weed control district where there is a danger of 
contamination of other crops such as corn with castor seed.
The amendments and the new section are adopted under the Texas Agriculture Code, 
sec.61.002, which authorizes the department to adopt rules for the efficient 
enforcement of the Texas Seed Law, Texas Agriculture Code, Chapter 61.
sec.19.3. Noxious Weed Seeds. It shall be unlawful to sell, offer for sale, or 
expose for sale any agricultural or vegetable seed for planting purposes within 
this state containing noxious weed seed in excess of the following limitations 
per pound.
(1) Prohibited noxious weed seeds are:
(2) Restricted noxious weed seeds and limitations per pound are:
 (3)-(4) (No change.)
(5) If castor (Ricinus communis) occurs in excess of 5.0% of the whole by 
weight, its presence therein must be indicated as an agricultural seed on the 
label of such seed pursuant to the provisions of the Act, sec.61.004(a)(1)(3) 
(concerning labeling of agricultural seed).
(6) Restricted noxious weed seeds in any combination in excess of 500 per pound 
are prohibited from sale, provided, however, that the rate per pound of 
Bermudagrass, giant Bermudagrass, Johnsongrass, morningglory, and castor are 
exempt from the total count.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 10, 1992.
TRD-9200514
Dolores Alvarado Hibbs
Chief Administrative Law Judge
Texas Department of Agriculture
Effective date: February 3, 1992
Proposal publication date: October 18, 1991
For further information, please call: (512) 463-7583
       
4 TAC sec.19.4
The Texas Department of Agriculture adopts an amendment to sec.19.4, concerning 
service testing fees for agricultural seed vegetable seed, and flower seed, with 
changes to the proposed text as published in the October 18, 1991, issue of the  
Texas Register (16 TexReg 5758).
The amendment is adopted in order to make the section consistent with mandatory 
fee increases made by the 72nd Legislature, 1991, and to bring the amount of 
fees closer to the actual cost to the department for providing testing services. 
Subsection (a)(10) has been changed to clarify that a fee will only be charged 
for winter test readings of noncertified samples.
The amendment increases service testing fees for agricultural seed, vegetable 
seed, and flower seed, and adds new categories for flower and grasses and 
wildflower mixed seeds and for winter test readings of noncertified samples.
The Texas Seed Trade Association commented generally in favor of the amendment.
The amendment is adopted under the Texas Agriculture Code, sec.61.002 and 
sec.61.009 and General Appropriations Act, House Bill 1, 72nd Legislature 1991, 
which provides the Texas Department of Agriculture with the authority to adopt 
rules necessary for the efficient enforcement of the Texas Agriculture Code, 
Chapter 61.
sec.19.4. Service Testing.
(a) The following schedule of tests and charges therefore shall be applicable to 
all service testing of agricultural seed, vegetable seed, and flower seed 
conducted by this department:
(1) standard germination test only and purity test only: $7.50 each (except 
grasses: $12.50 each; noxious weed examination only: $4.00 each; and mixtures 
and seed containing high inert matter: $9.50 each);
(2) complete test (purity and germination): $15 each (except grasses: $25 each; 
and mixtures and seed containing high inert matter: $17 each);
(3) vigor test: $9.50 each;
(4) tetrazolium or phenol test: $11;
(5) examination of 10-pound rice seed sample for presence of red rice: $11 each;
(6) moisture test: $6.00 each;
(7) fescue Endophyte test: $25 each;
(8) flower: $25;
(9) grasses and wildflower mixed: $50; and
(10) winter test readings (noncertified samples): $25.
(b)-(c) (No change.)
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 10, 1992.
TRD-9200515
Dolores Alvarado Hibbs
Chief Administrative Law Judge
Texas Department of Agriculture
Effective date: February 3, 1992
Proposal publication date: October 18, 1991
For further information, please call: (512) 463-7583
       
4 TAC sec.19.11
The Texas Department of Agriculture (the department) adopts the repeal of 
sec.19.11, concerning the notification of cottonseed shipments into Texas, 
without changes to the proposed text as published in the October 18, 1991, issue 
of the Texas Register (16 TexReg 5759).
Section 19.11 is repealed because there is no longer a need for the department 
to monitor shipment of cottonseed into Texas.
The repeal of sec.19.11 eliminates the requirement for persons shipping, 
transporting, or delivering conditioned cottonseed for planting purposes or 
cottonseed to be conditioned for planting purposes to notify the department of 
certain identifying information not later than the date of shipment of such 
cottonseed.
The Texas Seed Trade Association commented generally in favor of the repeal. No 
other comments were received.
The repeal is adopted under the Texas Agriculture Code,  sec.61.002, which 
provides the Texas Department of Agriculture with the authority to adopt rules 
necessary for the efficient enforcement of the Texas Seed Law, the Texas 
Agriculture Code, Chapter 61.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 10, 1992.
TRD-9200516
Dolores Alvarado Hibbs
Chief Administrative Law Judge
Texas Department of Agriculture
Effective date: February 3, 1992
Proposal publication date: October 18, 1991
For further information, please call: (512) 463-7583
       
TITLE 22. EXAMINING BOARDS
Part XXII. Texas State Board of Public Accountancy
Chapter 503. Definitions
22 TAC sec.503.1
The Texas State Board of Public Accountancy adopts the repeal of sec.503.1, 
concerning definitions, without changes to the proposed text as published in the 
September 13, 1991, issue of the Texas Register (16 TexReg 5053).
The rule is being repealed in order to ensure that the rules of the agency will 
be clearer and less redundant.
The section is being repealed to avoid duplications in the rules of the agency.
No comments were received regarding adoption of the repeal.
The repeal is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which 
provide the Texas State Board of Public Accountancy with the authority to 
promulgate rules relating to definitions used in the rules of professional 
conduct.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 10, 1992.
TRD-9200483
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: February 3, 1992
Proposal publication date: September 13, 1991
For further information, please call: (512) 450-7066
       
Chapter 521. Fee Schedule
22 TAC sec.521.7
The Texas State Board of Public Accountancy adopts an amendment to sec.521.7, 
concerning fee for transfer of credits, without changes to the proposed text as 
published in the October 25, 1991, issue of the Texas Register  (16 TexReg 
6026).
The amendment is necessary in order to ensure a reduction in the burden on Texas 
taxpayers by requiring certified public accountants in other jurisdictions 
seeking Texas licensure to pay their own costs; and by requiring Texas certified 
public accountants seeking to obtain licensure in other states to pay their own 
costs.
The amendment will increase the fees for transfer of credits to and from 
jurisdictions outside of Texas.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), 
which provide the Texas State Board of Public Accountancy with the authority to 
promulgate rules relating to transfer of credits fee.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 10, 1992.
TRD-9200482
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: February 3, 1992
Proposal publication date: October 25, 1991
For further information, please call: (512) 450-7066
       
TITLE 34. PUBLIC FINANCE
Part I. Comptroller of Public Accounts
Chapter 3. Tax Administration
Subchapter A. General Rules
34 TAC sec.3.8
The Comptroller of Public Accounts adopts an amendment to sec.3.8, concerning 
informant's recovery payment limitations, without changes to the proposed text 
as published in the December 13, 1991, issue of the Texas Register  (16 TexReg 
7163).
These changes are necessitated by Senate Bill 1108, adopted by the 72nd 
Legislature, 1991. The legislation, effective September 1, 1991, allows the 
state to pay a maximum of 5.0% to an informant from the funds recovered under 
the contract by the state. The section is revised to eliminate the $10,000 
limitation and states that any contract to pay an informant must be executed in 
advance of any investigation or audit.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 15, 1992.
TRD-9200601
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: February 5, 1992
Proposal publication date: December 13, 1991
For further information, please call: (512) 463-4028
       
Subchapter O. State Sales and Use Tax
34 TAC sec.3.300
The Comptroller of Public Accounts adopts an amendment to sec.3.300, concerning 
manufacturing; custom manufacturing; fabricating; processing, without changes to 
the proposed text as published in the December 13, 1991, issue of the Texas 
Register (16 TexReg 7163).
The amendment reflects the changes to the Tax Code, Chapter 151, made by the 
72nd Legislature, 1991, First Called Session. The phased-in exemption on 
manufacturing machinery and equipment was delayed.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 15, 1992.
TRD-9200596
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: February 5, 1992
Proposal publication date: December 13, 1991
For further information, please call: (512) 463-4028
       
Subchapter S. Interstate Motor Carrier Sales and Use Tax
34 TAC sec.3.443
The Comptroller of Public Accounts adopts an amendment to sec.3.443, concerning 
imposition of interstate motor carrier (IMC) tax, without changes to the 
proposed text as published in the December 10, 1991, issue of the Texas Register 
(16 TexReg 7081).
The change is a result of the amendment of the Tax Code,  sec.157.001(7) by the 
72nd Legislature, 1991. The amendment expanded the definition of "semitrailer" 
in subsection (a)(3) to include vans, flatbeds, tanks, dumpsters, dollies, 
jeeps, stingers, auxiliary axles, and converter gears. This equipment was 
previously taxed under limited sales, excise, and use tax.
To avoid confusion, the amendment to the section does not include "vans, 
flatbeds, tanks, and dumpsters," as they have already been taxed under IMC tax 
or motor vehicle sales and use tax.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 15, 1992.
TRD-9200598
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: February 5, 1992
Proposal publication date: December 10, 1991
For further information, please call: (512) 463-4028
       
34 TAC sec.3.444
The Comptroller of Public Accounts adopts an amendment to sec.3.444, concerning 
computation of the proportioned tax, without changes to the proposed text as 
published in the November 22, 1991, issue of the Texas Register  (16 TexReg 
6741).
The amendment reflects the changes to the Tax Code, Chapter 157, made by the 
72nd Legislature, 1991, First Called Session. The tax rate used in the 
computation was increased.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 15, 1992.
TRD-9200597
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: February 5, 1992
Proposal publication date: November 22, 1991
For further information, please call: (512) 463-4028
       
Subchapter Z. Coastal Protection Fee
34 TAC sec.3.692
The Comptroller of Public Accounts adopts new sec.3.692, concerning definitions, 
without changes to the proposed text as published in the December 10, 1991, 
issue of the Texas Register (16 TexReg 7082).
Senate Bill 14, adopted in the 72nd Legislature, 1991, requires the comptroller 
to administer and enforce the collection of the coastal protection fee imposed 
on crude oil off-loaded from vessels or loaded onto vessels at marine terminals 
located in Texas. This new section provides for the definition of certain terms. 
The new section was adopted on an emergency basis on June 5, 1991, and published 
in the June 14, 1991, issue of the Texas Register (16 TexReg 3235). The 
definitions in this section will be applied retroactively to May 27, 1991, the 
effective date of the legislation.
No comments were received regarding adoption of the new section.
The new section is adopted under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 15, 1992.
TRD-9200600
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: February 5, 1992
Proposal publication date: December 10, 1992
For further information, please call: (512) 463-4028
       
34 TAC sec.3.731
The Comptroller of Public Accounts adopts new sec.3.731, concerning the 
imposition and collection of the oil field cleanup regulatory fee on oil, 
without changes to the proposed text as published in the December 13, 1991, 
issue of the Texas Register (16 TexReg 7165).
Senate Bill 1103, adopted in the 72nd Legislature, 1991, requires the 
comptroller to administer and enforce the collection of the oil fee. This new 
section provides guidance to persons required to report or pay or collect the 
fee.
No comments were received regarding adoption of the new section.
The new section is adopted under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 15, 1992.
TRD-9200602
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: February 5, 1992
Proposal publication date: December 13, 1991
For further information, please call: (512) 463-4028
       
Subchapter DD. Oil Field Cleanup Regulatory Fee
34 TAC sec.3.732
The Comptroller of Public Accounts adopts new sec.3.732, concerning the 
reporting requirements on the gas fee, without changes to the proposed text as 
published in the December 13, 1991, issue of the Texas Register  (16 TexReg 
7166).
Senate Bill 1103, adopted in the 72nd Legislature, 1991, requires the 
comptroller to administer and enforce the collection of the oil field cleanup 
regulatory fee. This new section provides guidance to persons required to report 
or pay or collect the fee on gas.
No comments were received regarding adoption of the new section.
The new section is adopted under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 15, 1992.
TRD-9200603
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: February 5, 1992
Proposal publication date: December 13, 1991
For further information, please call: (512) 463-4028
       
Subchapter EE. Boat and Motor Sales and Use Tax
34 TAC sec.3.741
The Comptroller of Public Accounts adopts new sec.3.741, concerning the 
imposition of the boat and motor sales and use tax, without changes to the 
proposed text as published in the November 22, 1991, issue of the Texas Register  
(16 TexReg 5746).
The new section is necessary so that persons in the business of selling boats 
and boat motors will be aware of the new tax, the tax rate, and the manner in 
which the tax is collected effective October 1, 1991.
Chapter 160, Tax Code, was passed by the 72nd Legislature, 1991. The tax is 
assessed on certain boats and motors formerly taxed under the Tax Code, Chapter 
151.
No comments were received regarding adoption of the new section.
The new section is adopted under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 15, 1992.
TRD-9200599
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: February 5, 1992
Proposal publication date: November 22, 1991
For further information, please call: (512) 463-4028
       
TITLE 37. PUBLIC SAFETY AND CORRECTIONS
Part I. Texas Department of Public Safety
Chapter 3. Traffic Law Enforcement
Traffic Supervision
37 TAC sec.3.59
The Texas Department of Public Safety adopts an amendment to sec.3.59, 
concerning traffic supervision, without changes to the proposed text as 
published in the November 29, 1991, issue of the Texas Register (16 TexReg 
6914).
The adoption of the amendment will provide uniformity and compliance with the 
federal hazardous material regulations which seek to increase the safety to the 
public and the environment from the accidental discharge of hazardous materials 
being transported on the public highways of this state.
The amendments in subsections (a) and (b) add 49 Code of Federal Regulations, 
Chapter 1, Part 180, which established minimum specifications for cargo tanks 
used in the transportation of hazardous materials in Texas.
One comment was received requesting clarification of paragraph (6), reference 
exemption of cargo tanks having a capacity of 3,000 gallons or less used to 
transport flammable liquids and manufactured prior to January 1, 1982. The 
comment specifically asks if adoption of Part 180 would alter the exemption for 
bobtail-truck cargo tanks with a capacity of 3,000 gallons or less and assembled 
prior to January 1, 1982. The adoption of this amendment does not affect the 
exemption in paragraph (6) regarding cargo tanks having a capacity of 3,000 
gallons or less and manufactured prior to January 1, 1982, use to transport 
flammable liquids.
The name of a group or association making comments for the section is as 
follows: Texas Oil Marketers Association.
The amendment is adopted under Texas Civil Statutes, Article 6701d, sec.139, 
which provide the director of the Texas Department of Public Safety with the 
authority to adopt such regulations as may be deemed necessary for the safe 
transportation of hazardous materials.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 8, 1992.
TRD-9200478
James R. Wilson
Director
Texas Department of Public Safety
Effective date: February 3, 1992
Proposal publication date: November 29, 1991
For further information, please call: (512) 465-2000
       
TITLE 40. SOCIAL SERVICES AND ASSISTANCE
Part I. Texas Department of Human Services
Chapter 4. Medicaid Programs-Children and Pregnant Women
Eligibility Requirements
40 TAC sec.sec.4.1004, 4.1006, 4. 1010
The Texas Department of Human Services (DHS) adopts amendments to sec.sec.4. 
1004, 4.1006, and 4.1010, concerning expansion of Medicaid eligibility for 
pregnant women and infants. The amendment to sec.4.1006 is adopted with a change 
to the proposed text as published in the November 26, 1991, issue of the Texas 
Register (16 TexReg 6847). The amendments to sec.4.1004 and sec.4. 1010 are 
adopted without changes to the proposed text, and will not be republished.
The justification for the amendments is to increase the percentage of the 
federal poverty income limits (FPIL) from 133% to 185% of FPIL used to determine 
eligibility for Medicaid program coverage of pregnant women and children under 
age one. DHS is adopting the amendments to comply with the 72nd Texas 
Legislature's directive to increase the income eligibility limits for this 
program.
The amendments will function by enabling more needy pregnant women and infants 
to receive Medicaid program benefits.
No comments were received regarding adoption of the amendments; however, DHS is 
adopting sec.4.1006 with a minor editorial change in the first sentence of the 
rule. This change does not affect the intent of the rule.
The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs.
sec.4.1006. Requirements for Application. To be eligible for the Medicaid 
Programs for Children and Pregnant Women (CPW) Program, clients must meet the 
following requirements.
(1) (No change.)
(2)  Resources. Resource limits and types of countable and exempt resources for 
CPW are the same as those outlined in the AFDC rules, with the following 
exceptions.
(A)-(B) (No change.)
(C) When determining eligibility for children described in sec.4.1004(1)-(3) of 
this title (relating to Eligible Groups), the family's primary vehicle is 
exempt. All other vehicles are considered in accordance with food stamp resource 
requirements.
(D)  (No change.)
(3)-(8) (No change.)
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 14, 1992.
TRD-9200570
Nancy Murphy
Agency liaison, Policy and Document Support
Texas Department of Human Services
Effective date: March 1, 1992
Proposal publication date: November 26, 1991
For further information, please call: (512) 450-3765
       
Chapter 15. Medicaid Eligibility
Subchapter D. Resources
40 TAC sec.15.435
The Texas Department of Human Services adopts an amendment to sec.15.435, 
concerning liquid resources, in its Medicaid Eligibility chapter. The amendment 
is adopted without changes to the proposed text as published in the November 26, 
1991, issue of the Texas Register (16 TexReg 6848).
The amendment is justified because every Medicaid eligibility policy is applied 
correctly and uniformly statewide.
The amendment will function by clarifying policy for separating funds that 
clients hold in joint bank accounts.
The department received no comments regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, Title 2, Chapter 22, 
which authorizes the department to administer public assistance programs, and 
Chapter 32, which authorizes the department to administer medical assistance 
programs.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 14, 1992.
TRD-9200571
Nancy Murphy
Agency liaison, Policy and Document Support
Texas Department of Human Services
Effective date: February 15, 1992
Proposal publication date: November 26, 1991
For further information, please call: (512) 450-3765
       
Chapter 29. Purchased Health Services
Subchapter G. Hospital Services
40 TAC sec.29.606
The Texas Department of Human Services (DHS) adopts an amendment to sec.29. 606, 
concerning reimbursement methodology for inpatient hospital services, in its 
Purchased Health Services Chapter, without changes to the proposed text as 
published in the November 26, 1991, issue of the Texas Register (16 TexReg 
6849).
The amendment is justified to comply with a rider in the department's current 
appropriations bill.
The amendment will function by revising the reimbursement of services to 
hospitals with 100 or fewer licensed beds. Hospitals with 100 or fewer licensed 
beds are currently reimbursed the greater of the amount the hospital received 
under the prospective payment system or the amount the hospital would have 
received under the Tax Equity and Fiscal Responsibility Act (TEFRA) principles 
of reimbursement. This determination is made at final cost settle- ment of the 
hospital's fiscal year. A rider in the department's current appropriations bill 
requires that the determination be made at initial or tentative settlement. 
Section 29.606 is amended to specify that the determina- tion will be made at 
tentative settlement with subsequent adjustment, if applicable, at final 
settlement.
Although no comments were received regarding adoption of this amendment, 
implementation of this amendment is contingent upon approval of the Title XIX 
State Plan amendment by the Health Care Financing Administration.
The amendment is adopted under the Human Resources Code, Title 2, Chap- ters 22 
and 32, which authorizes the department to administer public and medical 
assistance programs.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 14, 1992.
TRD-9200572
Nancy Murphy
Agency liaison, Policy and Document Support
Texas Department of Human Services
Effective date: March 1, 1992
Proposal publication date: November 26, 1991
For further information, please call: (512) 450-3765