Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 7. BANKING AND SECURITIES Part V. Office of Consumer Credit Commissioner Chapter 85. Rules of Operation for Pawnshops 7 TAC sec.sec.85.1, 85.2, 85.4, 85.9, 85.12, 85.22, 85.30, 85.50, 85.57, 85.58 The Office of Consumer Credit Commissioner adopts the repeal of sec.sec.85.1, 85.2, 85.4, 85.9, 85.12, 85.22, 85.30, 85.50, 85.57, and 85.58 concerning rules of operation for pawn shops, without changes to the proposed text as published in the August 13, 1991, issue of the Texas Register (16 TexReg 4389). No comments were received regarding adoption of the repeals. The repeals are adopted under provisions of the Texas Pawnshop Act, Texas Civil Statutes, Article 5069-51.09(b), which provides the Office of Consumer Credit Commissioner with the authority to make regulations necessary for the enforcement of the Texas Pawnshop Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 11, 1992. TRD-9202144 Al Endsley Commissioner Effective date: March 3, 1992 Proposal publication date: August 13, 1991 For further information, please call: (512) 479-1280 TITLE 16. ECONOMIC REGULATION Part III. Texas Alcoholic Beverage Commission Chapter 55. Bingo Regulations Bingo Regulation and Tax 16 TAC sec.55.550 The Texas Alcoholic Beverage Commission adopts an amendment to sec.55.550 concerning bingo reports, without changes to the proposed text as published in the December 27, 1991, issue of the Texas Register (16 TexReg 7688). The amendment amends subsections (a) and (b), adds a new subsection (c), reletters and amends the present subsections (c) and (e), and reletters the present subsection (d). The amendment provides for a quarterly statistical report and a monthly bingo gross receipts tax report, provides for monthly payment of the bingo gross receipts tax and bingo prize fee, provides for monthly reporting of the bingo prize fee, makes returns and reports due on the 25th day of the applicable month rather than the 15th day, and specifies an effective date of March 1, 1992. The amendment provides needed relief to licensed authorized organizations to allow them to continue conducting bingo thus preventing the loss of revenue to the state which would result if they ceased conducting bingo and preventing the increased burden on state and local government which would result if these organizations no longer were receiving bingo proceeds to use in their charitable activities. Written comments were received from a large number of organizations licensed to conduct bingo, two distributors, a commercial lessor, and three attorneys. The attorneys expressed their opinion that the commission is authorized by Texas Civil Statutes, Article 179d, sec.23(e), to change reporting periods for licensed organizations by class based on gross receipts. Twelve licensed organizations agreed with the rule as proposed. Seventy organizations and one distributor recommended a shorter licensing period either semi-monthly (sometimes mistakenly described as bi-monthly) or bi-weekly, either for all classes or for Class J. Two organizations (one of which sent 11 letters) recommended reporting bi-weekly or at least once a month. Twenty-nine organizations and one commercial lessor recommended different reporting periods by class varying generally from quarterly to semi-monthly. One organization requested reporting quarterly or monthly. Eleven organizations (one of which sent 30 letters) and one distributor were not specific in their recommendations, referring to reducing taxes, referring to the shortest possible reporting period, or stating that the rule did not go far enough. The President of the Texas Association of Bingo Newspaper Publishers indicated that monthly reporting will not be sufficient to save bingo. A petition supporting semi-monthly reporting was received. The petition contained 501 signatures. Other written comments recommended such changes as reducing the tax to 4.0%, taxing adjusted gross receipts, reporting quarterly but increasing the exemption amount, making the rule change retroactive, and waiving the prize fee on prizes under $15. Fifteen persons spoke at the commission meeting at which adoption of the rule was considered. A member of the Texas House of Representatives recommended changing the reporting period to bi-weekly. Seven persons representing licensed organizations recommended semi-monthly or bi-weekly reporting periods; as did representatives of the Texas Bingo TV Network, the state headquarters of the V.F.W., LULAC, and the Bingo Operators of Texas. The representative of BINGO, an association of licensed organizations, recommended different reporting periods based on license class. One speaker urged the need for radical action by the commission. The representative of the Texas Association of Bingo Licensees contended that the Bingo Gross Receipts Tax is unconstitutional. The executive director of the law clinic which is representing the plaintiffs in a lawsuit challenging the constitutionality of the bingo gross receipts tax urged the commission to ask to be dismissed as defendants and to join the plaintiffs in that suit. The commission cannot change the $15,000 amount of the exemption per reporting period since that amount is set by law. Similarly it cannot change the tax rate, levy the tax on adjusted gross receipts, waive the tax on small prizes, or make any rule change retroactive. The issue of the constitutionality of the bingo gross receipts tax is in litigation. The commission, as an administrative agency, cannot determine the constitutionality of the tax. The commission did not, as requested, shorten the reporting period from quarterly to monthly because it needed to balance the need of the licensed organizations to reduce their taxes in order to stay in operation on the one hand with the revenue needs of the State on the other hand. The commission indicated that the situation would be closely monitored and that the rule could be amended if experience under this amendment shows that such action is required. The amendment is adopted under Texas Civil Statutes, Article 179d, sec.16(a) and sec.23(e), which provide the commission with the authority to adopt rules relating to the enforcement and administration of the Bingo Enabling Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 7, 1992. TRD-9202012 Joe Darnall General Counsel Texas Alcoholic Beverage Commission Effective date: February 29, 1992 Proposal publication date: December 27, 1991 For further information, please call: (512) 465-4904 TITLE 22. EXAMINING BOARDS Part XI. Board of Nurse Examiners Chapter 213. Practice and Procedure 22 TAC sec.sec.213.19, 213.21, 213.22 The Board of Nurse Examiners adopts the amendment to sec.213.19, and new sec.213.21, and sec.213.22 concerning practice and procedure, without changes to the proposed text as published in the October 18, 1991, issue of the Texas Register (16 TexReg 5809). The Board of Nurse Examiners adopts amendments to sec.213.19 to further clarify procedures used in determining a candidate's eligibility to write the licensure examination; sec.213.21 outlines procedures for a candidate requesting eligibility status prior to or presently enrolled in a nursing program and sec.213.22 regarding representation was renumbering action only. A candidate and/or prospective candidate requesting verification of eligibility to write the licensure examination who has previously had a conviction or been treated for mental illness or a chemical dependence may request a review of documents prior to graduation from an accredited nursing program. No comments were received regarding adoption of the amendment and new section. The amendment and new sections are adopted under Texas Civil Statutes, Article 4514, sec.1, which provide the Board of Nurse Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties and conducting of proceedings before it. 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 February 7, 1992. TRD-9202082 Louise Waddill, Ph.D., R.N. Executive Director Board of Nurse Examiners Effective date: March 2, 1992 Proposal publication date: October 18, 1991 For further information, please call: (512) 835-8650 22 TAC sec.213.21 The Board of Nurse Examiners adopts the repeal of sec.213.21 concerning representation, without changes to the proposed text as published in the October 18, 1991, issue of the Texas Register (16 TexReg 5809). The Board of Nurse Examiners is adopting the repeal of this section to allow the addition of a new section for declaratory order of eligibility. The representation section is being renumbered as sec.213.22 so that the chapter may flow in a sequential order. The adoption of the repeal merely permits the addition of a new section for declaratory orders of eligibility. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 4514, sec.1, which provide the Board of Nurse Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties and conducting of proceedings before it. 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 February 7, 1992. TRD-9202089 Louise Waddill, Ph.D., R.N. Executive Director Board of Nurse Examiners Effective date: March 2, 1992 Proposal publication date: October 18, 1991 For further information, please call: (512) 835-8650 Chapter 215. Nurse Education 22 TAC sec.215.1, sec.215.3 The Board of Nurse Examiners adopts amendments to sec.215.1 and sec.215.3 concerning nurse education, without changes to the proposed text as published in the December 13, 1991, issue of the Texas Register (16 TexReg 7152). The Board of Nurse Examiners is adopting the amendments to the definitions and accreditation rules for education regarding the accreditation procedure used to evaluate a program of professional nursing education. An accreditation task force was convened to study the education rules and to recommend possible changes to eliminate on-site visits to those programs also being visited and accredited by the National League for Nursing (NLN). Staff members of the Board of Nurse Examiners will not duplicate the accreditation processes and thus will allow the consultants to devote more time to those programs not meeting the criteria of the board. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4514, sec.1, which provide the Board of Nurse Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties and conducting of proceedings before it. 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 February 7, 1992. TRD-9202090 Louise Waddill, Ph.D., R.N. Executive Director Board of Nurse Examiners Effective date: March 2, 1992 Proposal publication date: December 13, 1991 For further information, please call: (512) 835-8650 Chapter 217. Licensure and Practice 22 TAC sec.sec.217.6-217.8 The Board of Nurse Examiners adopts amendments to sec. sec.217.6-217.8 concerning licensure and practice, without changes to the proposed text as published in the October 18, 1991, issue of the Texas Register (16 TexReg 5809). The Board of Nurse Examiners is adopting these amendments to provide for the issuance of a temporary permit for an RN who has been out of practice for four or more years; and to include requirements for the recently adopted continuing education rules for registered nurses. A registered nurse who has been out of practice for a period of four or more years may obtain a temporary permit to enable the RN to work under the supervision of another RN for the purpose of completing an exensive orientation and/or refresher course and also require these RNs to meet the continuing education requirements, thus better protecting the public. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4514, sec.1, which provide the Board of Nurse Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties and conducting of proceedings before it. 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 February 7, 1992. TRD-9202091 Louise Waddill, Ph.D., R.N. Executive Director Board of Nurse Examiners Effective date: March 2, 1992 Proposal publication date: October 18, 1991 For further information, please call: (512) 835-8650 22 TAC sec.217.13 The Board of Nurse Examiners adopts an amendment to sec.217.13 concerning unprofessional conduct, without changes to the proposed text as published in the October 18, 1991, issue of the Texas Register (16 TexReg 5810). The Board of Nurse Examiners is adopting the amendment to the Unprofessional Conduct rule to include a provision for failure to repay a loan received through the Guaranteed Student Loan Corporation as mandated by the Texas Education Code, sec.57.491. The adoption of this rule will only affect those registered nurses who are negligent on repayment of a loan received through the Guaranteed Student Loan Corporation. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4514, sec.1, which provide the Board of Nurse Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties and conducting of proceedings before it. 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 February 7, 1992. TRD-9202081 Louise Waddill, Ph.D., R.N. Executive Director Board of Nurse Examiners Effective date: March 2, 1992 Proposal publication date: October 18, 1991 For further information, please call: (512) 835-8650 Chapter 223. Fees 22 TAC sec.223.1 The Board of Nurse Examiners adopts an amendment to sec.223.1 concerning fees, without changes to the proposed text as published in the October 18, 1991, issue of the Texas Register (16 TexReg 5810). The amendment is necessary because legislative action during the 72nd Legislative Session provided for the Board of Nurse Examiners to charge for evaluating and issuing Declaratory Orders of Eligibility for licensure for applicants who have had a criminal conviction and for an applicant who has been hospitalized and/or treated for mental illness or chemical dependency. The legislature also provided for the licensure renewal fee to be increased. The renewal fee increase will cause an RN's license renewal fee to increase by $8.00 from $22 to $30 for a two year period; a candidate/applicant seeking an Order of Eligibility to write the licensure examination may submit documents together with the $25 fee for staff of the agency to review for eligibility. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4514, sec.1, which provide the Board of Nurse Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties and conducting of proceedings before it. 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 February 7, 1992. TRD-9202083 Louise Waddill, Ph.D., R.N. Executive Director Board of Nurse Examiners Effective date: March 2, 1992 Proposal publication date: October 18, 1991 For further information, please call: (512) 835-8650 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part IX. Texas Water Commission Chapter 334. Underground and Aboveground Storage Tanks Subchapter H. Interim Reimbursement Program 31 TAC sec.sec.334.301, 334.302, 334.304-334.306, 334.308, 334.310, 334.312- 334.316, 334.319, 334.322 The Texas Water Commission adopts 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, and the repeal of sec.sec.334.312-334.316, concerning the interim reimbursement program. Sections 334.305, 334.310, 334.319 and 334.322 are adopted with changes to the proposed text as published in the January 3, 1992, issue of the Texas Register (17 TexReg 32). Sections 334.301, 334.302, 334.304, 334.306, 334.308 and new sec.sec.334.312-334.316 are adopted without changes and will not be republished. The amendments will implement provisions of House Bill 1214 which expanded the uses of the petroleum storage tank remediation fund, and the new sections will make changes in current fund reimbursement protest procedures. These rules are adopted with changes to the rules as proposed on January 3, 1992. The changes are necessary because certain sections of the rules, namely portions of sec.sec.334.310, 334.319, and 334.322 were not published as implemented in the emergency version of the rules, and because of punctuation corrections in sec.335. 305. As explained in the January 3rd preamble, the rules as proposed and as adopted today are identical to the versions which were issued in two packages in August and October of 1991, and which have been in place on an emergency basis. Several law firms commented on the rules. Comments fell into one of three categories. First, a number of entities indicated their support for the rules and had no additional comments. Second, several comments were made on the differences between the rules printed on January 3rd and the emergency versions of the rules, as noted previously. As stated, this is being resolved by adopting the rules with changes to correct the printing error. The third category of comments questioned the reason for requiring an indemnification agreement from an adjacent landowner who chooses to remediate a site under sec.334.310(a)(1)(F) (ii)(III). The commenters expressed a concern that this requirement could have a chilling effect, discouraging adjacent landowners from undertaking such a cleanup, and possibly exposing the adjacent landowner to liability for the release itself. There are two reasons for the indemnification requirement. First, the rule clearly states that the indemnification is to be effective from the date of the agreement between the adjacent landowner and the tank owner, and so should not expose the adjacent landowner to liability resulting from the original release and contamination. This provision, along with the site assessment required under sec.334.310(a)(1)(F)(ii)(II), creates a benchmark for determining the responsibilities of the parties before and after the agreement. This contract clause ensures that the adjacent landowner will be liable if any subsequent remedial action results in exacerbation of the contamination or additional property damage. Second, although not intended to have a "chilling effect," the indemnification provision holds adjacent landowner to the same cleanup obligations as a tank owner. The amendments and new sections are adopted 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 for responsible parties who clean-up sites on their own initiative; and sec.5.103 and sec.5.105, which provide 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.334.305. 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. (b) All documents to be filed under this subchapter shall be filed with the executive director using one of the following: (1) certified mail, return receipt requested; (2) express mail or other overnight delivery service, return receipt requested; (3) hand delivered to the appropriate offices; or (4) any other method approved by the executive director. (c) The date of filing of any document required to be filed with the executive director under this subchapter shall be the date postmarked on the return receipt in the case of mailing or courier services, and the receipt date stamped on the document by the executive director in the case of hand delivery. (d) The date of filing documents with the chief clerk or the commission on protested claims for payment shall be controlled by Chapters 261, 263, 265, 267, 269, and 273 of this title (relating to Introductory Provisions; General Rules; Procedures Before Public Hearing; Procedures During Public Hearing; Procedures After Public Hearing Before a Hearings Examiner; Procedures After Public Hearing Before the Full Commission; and Procedures After Final Decision), to the extent applicable. sec.334.310. Requirements for Eligibility-Interim Period. (a) In order for a person to be an eligible owner or operator under this subchapter, the following requirements must be met. (1) The person 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 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; (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; (F) an adjacent landowner 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 not located on said land, and who performed corrective action in response to a release of petroleum products from such tank, and either: (i) performed emergency abatement actions by completing all the following: (I) notifying the executive director within 24 hours of discovery that the emergency condition exists; (II) notifying the local fire marshall (or state fire marshall if no local authority is available) within 24 hours; (III) taking actions necessary to protect against imminent danger to human health and safety by mitigating fire, explosion, and vapor hazards, by removing free product from structures, basements, sumps, etc., or performing other actions as deemed necessary by the executive director. Restoration of site to pre-existing conditions, cost of relocating utility structures, site assessment and remediation are not considered part of emergency abatement activities. Any expenses incurred after 48 hours from commencement of the action must be approved by the executive director in writing, and; (IV) having the release and threat ultimately confirmed by the executive director; or (ii) committed to undertake the entire cleanup of the leak and contamination from the tank on his property and on all other property by: (I) obtaining prior approval in writing from the executive director; (II) performing a site assessment to define the extent of the vertical and horizontal contamination at the time of the agreement; (III) entering into a legal agreement with the owner of the tank whereby the adjacent landowner agrees to indemnify and hold harmless the owner, operator, and other affected landowners for any corrective action or third party liability effective from the date of the agreement; and (IV) performing all corrective action in conformance with this chapter, and all other applicable rules and regulations. The applicable deductible for reimbursement under sec.334.312 of this title (relating to Owner/Operator Contribution) for cleanups undertaken by adjacent landowners under this subsection shall be the same as that applicable to the registered owner of the tank. (2) All underground and aboveground storage tanks which the person owns or operates and which are required to be registered pursuant sec.334. 7 of this title relating to (Underground Storage Tanks) or sec.334.123 of this title (relating to Aboveground Storage Tanks) must be registered with the executive director on or before the date on which the application for reimbursement is filed except for those tanks which the owner or operator, upon reasonable inquiry, could not have known existed. (3) All annual facility fees due since September 1, 1987, pursuant to sec.334.21 (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 the person owns or operates 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. (4) Any release on which a claim under this subchapter is based must be reported to and confirmed by the executive director. (b) Satisfaction of the eligibility criteria set forth in subsection (a) of this section shall constitute compliance for purposes of the Texas Water Code, sec.26. 357(b)(2) for the purposes of this subchapter. (c) The executive director may determine other persons to be eligible owners or operators in accordance with the standards of the Texas Water Code, sec.26.3571. (d) Compliance with the Texas Water Code, Chapter 26, Subchapter I, for the purposes of determining eligibility under this subchapter and the Texas Water Code, sec.26.3571 does not mean that an eligible owner or operator has not violated a statute or a rule or order of the commission. Eligibility of an owner or operator under this subchapter does not preclude the issuance of an enforcement order or the assessment of administrative penalties against an eligible owner or operator. (e) In no case will reimbursement be made under subsection (a)(1)(F) of this section for duplication of assessment and remediation activities involving the same contamination plume. There will be no reimbursement for adjacent landowner cleanup allowed under subsection (a)(1)(F) of this section for activities at a site which occur after the site has been designated for state lead cleanup under sec.334.84 of this title (relating to Corrective Action by the Commission). sec.334.319. Administrative Penalties and Other Actions-Initial Period. (a) 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. (b) Notwithstanding subsection (a) of this section, a lender, as defined in sec.334.322 of this title (relating to Subchapter H Definitions), is not liable as an owner or operator under this subchapter solely because the lender holds indicia of ownership to protect a security or lienhold interest in property. A lender is not liable under this subsection if: (1) he or she has a security or lienhold interest as security for a loan to finance the acquisition or development of property, to finance the removal, repair, replacement, or upgrading of a regulated tank, or to finance the performance of corrective action in response to a release of a regulated substance from a tank, and the security or lienhold interest is in: (A) an underground or aboveground storage tank; (B) real property on which an underground or aboveground storage tank is located; or (C) in any other personal property attached to or located on property on which an underground or aboveground storage tank is located; or (2) the real or personal property described in paragraph (1)(A)-(C) of this subsection constitutes collateral for a commercial loan. (c) A lender that exercises control over property described under subsection (b) of this section before foreclosure to preserve the collateral or to retain revenues from the property for the payment of debt, or that otherwise exercises the control of a mortgagee in possession is not liable as an owner or operator under this subchapter unless that control leads to action that the executive director finds is causing or exacerbating contamination associated with the release of a regulated substance from a tank located on the property. (d) A lender that has a bona fide security or lienhold interest in any real or personal property as described under subsection (b) of this section and that forecloses on or receives an assignment or deed in lieu of foreclosure and becomes the owner of that real or personal property is not liable as an owner or operator under this subchapter if the lender: (1) removes from service any underground or aboveground storage tanks on the property. A tank is removed from service when the actions defined in sec.334.55(b) of this title (relating to Permanent Removal from Service) have been properly completed; (2) undertakes, and with due diligence in a timely and persistent manner completes, corrective action in response to any release from those tanks. A lender acts with due diligence when the lender executes the corrective action in conformance with Subchapter D of this chapter (relating to Release Reporting and Corrective Action), or as otherwise directed by the executive director; and (3) performs the removal and corrective action in accordance with all applicable commission rules. (e) A lender acting under subsection (d) of this section must begin removal of the tank from service or corrective action within 90 days after the date on which the lender becomes the owner of the property. (f) A corporate fiduciary or its agent is not liable in an individual capacity as an owner or operator under this chapter solely because: (1) the corporate fiduciary or its agent has legal title to real or personal property for purposes of administering a trust or estate of which the property is a part; or (2) the corporate fiduciary or its agent does not have legal title to the real or personal property but operates or manages the property under the terms of an estate or trust of which the property is a part. (g) Subsection (f) of this section does not relieve a trust, estate, or beneficiary of any liability the trust, estate, or beneficiary may have as an owner or operator under this chapter. 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. Adjacent landowner -A person who owns legal title to land which is within reasonably close proximity to property where a regulated UST or AST is located whether or not the land is contiguous to the property containing the tank. 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 7, 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 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 February 12, 1992. TRD-9202217 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: March 4, 1992 Proposal publication date: January 3, 1992 For further information, please call: (512) 463-8069 31 TAC sec.sec.334.312-334.316 The repeals are adopted 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 for responsible parties who clean-up sites on their own initiative; and sec.5.103 and sec.5.105, which provide 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. 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 February 12, 1992. TRD-9202216 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: March 4, 1992 Proposal publication date: January 3, 1992 For further information, please call: (512) 463-8069 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part VIII. Children's Trust Fund Chapter 201. Child Abuse and Neglect Prevention (EDITOR'S NOTE: House Bill 961, 72nd Legislature, transferred the administration of Children's Trust Fund from the Texas Department of Human Services to the new agency Children's Trust Fund. The Texas Register is administratively moving these rules from Title 40, Part I. Texas Department of Human Services to Title 40, Part VIII. Children's Trust Fund. The following tables illustrates the rule numbers under Title 40, Part I. and the new corresponding numbers under Title 40, Part VIII. The text is being reprinted under Title 40, Part VIII.) Old Numbers New Numbers