Emergency Sections
An agency may adopt a new or amended section or repeal an existing section on an 
emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the Texas Register, or on a stated date less than 
20 days after filing, for no more than 120 days. The emergency action is 
renewable once for no more than 60 days.
Symbology in amended emergency sections. 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 1. ADMINISTRATION
Part I. Office of the Governor
Chapter 3. Criminal Justice Division
Subchapter A. Criminal Justice
Administration of the Crime Victims Assistance
1 TAC sec.sec.3.603, 3.608, 3.609, 3.625
The Criminal Justice Division (CJD) of the Office of the Governor adopts on an 
emergency basis amendments to sec.sec.3.603, 3.608, 3.609, and 3.625, concerning 
Crime Victims Assistance Program rules. The CJD is now in the process of 
developing applications for federal funds that are available under the federal 
Victims of Crime Act of 1984 (VOCA). The amendments are being adopted on an 
emergency basis to ensure that the applicants for VOCA funds have complete and 
accurate information essential for the development and implementation of their 
grant and are fully aware of statutory and administrative requirements that may 
affect their proposed projects.
The amendments are adopted on an emergency basis under Texas Civil Statutes, 
Article 4413(32a), sec.6(a)(11), which provide CJD with the authority to adopt 
such rules, regulations, and procedures as may be necessary to carry out the 
provisions of the Act.
sec.3.603. Compliance; Adoption by Reference.  Grantee/applicants shall comply 
with all applicable state and federal statutes, rules, regulations, and 
guidelines. The Criminal Justice Division (CJD) adopts by reference the 
following documents and forms. Information regarding these adoptions by 
reference may be obtained from the Criminal Justice Division, Attention: Crime 
Victims Assistance Section, P.O. Box 12428, Austin, Texas 78711, (512) 463-1919.
(1) (No change.)
(2) The annual Criminal Justice Plan for Texas<ol> [ :Catalog of Program 
Information. <ol>]
(3) Crime Victims Assistance Program: Application Kit <nl>and Grant 
Administration.
[(4) Crime Victims Assistance Program: Grant Administration Guidelines <ol>.]
<nl>(4)<ol>[(5)] U.S. Department of Justice, Final Program Guidelines for the 
Victims of Crime Act Victims Assistance Grant Program,  Federal Register<ol>, 
Volume 54, Number 95, May 18, 1989 pages 21499-21508 .
<nl>(5)<ol>[(6)] Office of Justice Programs, OJP Guideline Manual, OJP  
23>M7100.1d<ol> [M71001c <ol>] Financial and Administrative Guide for Grants.
<nl>(6)<ol>[(7)] Audit guidelines:
(A) United States General Accounting Office, Standards for Audit for 
Governmental Organizations, Programs, Activities, and Functions;
(B) United States General Accounting Office, Guidelines for Financial and 
Compliance Audits of Federally Assisted Programs<ol>;
(C)  Office of Management and Budget, Circular A-128, Audits of State and Local 
Government<ol>;
<nl>(D) Office of Management and Budget, <nl>Circular A-133, Audits of 
Institutions of Higher Education and Other Nonprofit Organizations.
<nl>(7)<ol>[(8)] Uniform Grant and Contract Management Standards<ol> developed 
under directive of the Uniform Grant and Contract Management Act of 1981, Texas 
Civil Statutes, Article 4413(g).
<nl>(8)<ol>[(9)] Criminal Justice Division forms for crime victims assistance 
projects:
(A) statement of grant award;
(B) grantee acceptance notice;
(C) grantee's request for funds;
(D) grant adjustment notice;
(E) performance report;
(F) report of expenditure and status of funds<nl>. <ol>[;]
[(G) property inventory;]
sec.3.608 Grant Applications.
(a) (No change.)
(b) Grant applications may not request more than  <nl>$35,000<ol> [$50, 000] for 
each proposed project.
(c) (No change.)
sec.3.609. Review of Grant Applications.
(a)-(c) (No change.)
(d) Recommendations shall be based on applicable statutory requirements, rules, 
guidelines, fiscal constraints, administrative policies, comments provided under 
the Texas Review and Comment System (TRACS), merit of the project, and quality 
of the grant application. Merit of the project shall include consideration of 
how well the applicant and the victim assistance program conform to the 
requirements and intent of governing directives. Specifically, the following 
factors will be included for consideration:
(1) (No change.)
(2) To what extent is the victim assistance program a separate, self-contained 
unit, established exclusively to provide services directly to victims of crime 
(if the entire applicant organization is not dedicated exclusively to that 
purpose).
(3) How well does the program design assure that assistance is given in seeking 
victim compensation benefits?
[(4) To what extent does the program provide service to victims of all types of 
crimes.]
<nl>(4)<ol>[(5)] How fully are the activities of this program coordinated with 
other service providers in the community so that the best interests of the 
victims are served and interagency communication enhanced? Is there a structured 
meeting schedule between efforts of apprehension, prosecution, adjudication, and 
social service entities? Does the board of directors (where one exists) 
represent a cross-section of the community, including law enforcement, 
prosecution, adjudication, and citizens?
<nl>(5)<ol>[(6)]  Is there an affirmative program of assistance in coordination 
with prosecuting authorities for transportation and avail- ability of the 
victim-witness?
<nl>(6)<ol>[(7)] Is there any planned media or public service announcement 
campaign which advertises the availability of services to victims? Are services 
to all victims emphasized?
<nl>(7)<ol>[(8)] Where an applicant proposes expansion of an existing program, 
does an analysis of activities and financial history show that it achieves its 
intended results in a cost-effective manner? Can it meet the test of having not 
less than one completed year of effective services to victims of crime-a 
principal criterion in qualifying for a grant?
(e) (No change.)
sec.3.625. Financial  23>and[,] Performance [, and Inventory] Reports.  Each 
grantee shall submit financial <nl>and<ol> [,] performance [, and inventory] 
reports in accordance with the instructions provided by the Criminal Justice 
Division (CJD). All reports shall be submitted in accordance with the prescribed 
CJD forms for such reports. Financial [and inventory] reports must be signed by 
the financial officer. Performance reports must be signed by the project 
director. [Inventory reports are to accompany the final financial report.]
Issued in Austin, Texas, on March 6, 1992.
TRD-9203348
David A. Talbot, Jr.
General Counsel
Office of the Governor
Effective date: March 6, 1992
Expiration date: July 4, 1992
For further information, please call: (512) 463-1788
       
TITLE 16. ECONOMIC REGULATION
Part VIII. Texas Racing Commission
Chapter 309. Operation of Racetracks
Subchapter B. Horse Racetracks
Operations
16 TAC sec.309.194
The Texas Racing Commission adopts on an emergency basis an amendment to 
sec.309.194, concerning helmets. The amendment clarifies the requirements for 
wearing a helmet by individuals riding on horses at pari-mutuel racetracks.
The amendment is adopted on an emergency basis to ensure the safety of 
individuals riding on horses at pari-mutuel racetracks.
The amendment is adopted on an emergency basis under Texas Civil Statutes, 
Article 179e, sec.3.02, which authorizes the commission to adopt rules for 
conducting racing with wagering and for administering the Texas Racing Act and 
sec.6.06, which authorizes the commission to adopt rules relating to the 
operation of racetracks.
sec.309.194. Helmets.  An association may not permit an individual to <nl>gallop 
or pony<ol> [be mounted on] a horse <nl>or ride a horse in a race<ol> unless the 
individual is wearing a properly fastened helmet of a type approved by the 
commission.
Issued in Austin, Texas, on February 28, 1992.
TRD-9203331
Paula Cochran Carter
General Counsel
Texas Racing Commission
Effective date: March 6, 1992
Expiration date: July 4, 1992
For further information, please call: (512) 794-8461
       
Chapter 313. Officials and Rules of Horse Racing
Subchapter B. Entries, Declarations, and Allowances
Entries
16 TAC sec.313.103
The Texas Racing Commission adopts on an emergency basis an amendment to 
sec.313.103, concerning eligibility requirements. The amendment clarifies the 
eligibility requirements for entering a horse in a race.
The amendment is adopted on an emergency basis to ensure that horses 
participating in pari-mutuel races are fit and ready to run in races currently 
being conducted. The failure of a horse to be fit and ready to run could result 
in accidents endangering the safety of jockeys, horses, and other participants 
in racing.
The amendment is adopted on an emergency basis under Texas Civil Statutes, 
Article 179e, sec.3.02, which authorizes the commission to adopt rules for 
conducting racing with wagering and for administering the Texas Racing Act and 
sec.6.06, which authorizes the commission to adopt rules relating to the 
operation of racetracks.
sec.313.103. Eligibility Requirements.
(a) <nl>To be entered in a race, a horse must<ol> [A horse may not enter a race 
unless]:
(1) <nl>be<ol> [the horse is] properly registered with the appropriate national 
breed registry;
(2) <nl>be<ol> [the horse has been] properly tattooed and the horse's 
registration certificate showing the tattoo number of the horse <nl>must be <ol> 
[is] on file with the racing secretary before scratch time for the race, unless 
the stewards authorize the certificate to be filed at a later time;
(3) <nl>be in the care of a licensed trainer and owned by a licensed owner,<ol> 
[the horse is owned by a licensed owner and is in the care of a licensed 
trainer,] except that the owner and trainer of a horse entered in a stakes race 
must be licensed before the horse may start in that race;
(4) <nl>be<ol> [the horse is] eligible to enter the race <nl>under the 
conditions of the race<ol> [and is entered for the race];
(5) <nl>be<ol> [the horse is] present on association grounds not later than the 
time prescribed by the commission veterinarian; and
(6) <nl>have<ol> [the horse has had] two published workouts and <nl>be<ol> 
[been] approved by the licensed starter for proficiency in the starting gate, if 
the horse is to start for the first time.
(b)-(e) (No change.)
(f) If a horse has started in a race in the 45-day period preceding a race, 
there is no workout requirement for eligibility to start. If a horse has not 
started in the 45-day period preceding a race, the horse must have one published 
workout to be eligible to start in that race. [However, if a horse has not 
started in the 60-day period preceding the race, the horse must have two 
published workouts to be eligible to start in that race.]
<nl>(g) For a horse to be eligible to start in a race, an original certificate 
indicating a negative Coggin's test for the horse during the six-month period 
preceding the race must be attached to the horse's registration papers not later 
than:
<nl>(1) scratch time, for a race for which there are "also eligible" horses; and
<nl>(2) one hour before post time for the first race of that day, for a race for 
which there are not "also eligible" horses.
<nl>(h) To be entered in a race around a turn, a quarter horse must be approved 
by the clocker, the outrider and, if the horse is worked from the gate, the 
starter.
Issued in Austin, Texas, on February 28, 1992.
TRD-9203329
Paula Cochran Carter
General Counsel
Texas Racing Commission
Effective date: March 6, 1992
Expiration date: July 4, 1992
For further information, please call: (512) 794-8461
       
16 TAC sec.313.111
The Texas Racing Commission adopts on an emergency basis an amendment to 
sec.313.111, concerning age restrictions. The amendment clarifies the age 
limitation for a "maiden" horse.
The amendment is adopted on an emergency basis to ensure that horses 
participating in pari-mutuel races are fit and ready to run in races currently 
being conducted. The failure of a horse to be fit and ready to run could result 
in accidents endangering the safety of jockeys, horses, and other participants 
in racing.
The amendment is adopted on an emergency basis under Texas Civil Statutes, 
Article 179e, sec.3.02, which authorizes the commission to adopt rules for 
conducting racing with wagering and for administering the Texas Racing Act and 
sec.6.06, which authorizes the commission to adopt rules relating to the 
operation of racetracks.
sec.313.111. Age Restrictions.
(a)-(c) (No change.)
(d) A maiden may not start in a pari-mutuel race in this state if the maiden:
[(1) during 1990, is 13 years old or older;]
<nl>(1)<ol>[(2)] during  <nl>1992 and 1993<ol> [1991], is seven years old or 
older; or
<nl>(2)<ol>[(3)] during  <nl>1994<ol> [1992,] and thereafter is six years old or 
older.
(e) (No change.)
Issued in Austin, Texas, on February 28, 1992.
TRD-9203328
Paula Cochran Carter
General Counsel
Texas Racing Commission
Effective date: March 6, 1992
Expiration date: July 4, 1992
For further information, please call: (512) 794-8461
       
Subchapter C. Claiming Races
16 TAC sec.313.303
The Texas Racing Commission adopts on an emergency basis an amendment to 
sec.313.303, concerning effective time of claim. The amendment clarifies the 
time at which a valid claim to a horse takes effect.
The amendment is adopted on an emergency basis to ensure that pari-mutuel 
claiming races are conducted fairly and honestly, to avoid defrauding the 
wagering public.
The amendment is adopted on an emergency basis under Texas Civil Statutes, 
Article 179e, sec.3.02, which authorizes the commission to adopt rules for 
conducting racing with wagering and for administering the Texas Racing Act and 
sec.6.06, which authorizes the commission to adopt rules relating to the 
operation of racetracks.
sec.313.303. Effective Time of Claim.
(a) A person who has a valid claim to a horse becomes the owner of the horse 
when [the stall door of the starting gate opens in front of] the horse <nl>goes 
on to the racetrack for the race<ol>. This subsection applies <nl>regardless of 
whether the horse reaches the starting gate and <ol> regardless of subsequent 
injury to the horse during or after the race.
(b) (No change.)
Issued in Austin, Texas, on February 28, 1992.
TRD-9203330
Paula Cochran Carter
General Counsel
Texas Racing Commission
Effective date: March 6, 1992
Expiration date: July 4, 1992
For further information, please call: (512) 794-8461
       
TITLE 22. EXAMINING BOARDS
Part XXII. Texas State Board of Public Accountancy
Chapter 501. Professional Conduct
Advertising and Soliciting
22 TAC sec.501.46
The Texas State Board of Public Accountancy adopts on an emergency basis an 
amendment to sec.501.46, concerning form of practice. The amendment specifically 
allows certificate and registration holders to practice public accountancy 
through limited liability companies and limited liability partnerships. This 
amendment is necessary in order to implement the recently enacted amendments to 
the Public Accountancy Act of 1991.
The amendment is adopted on an emergency basis 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 to effectuate the Act.
sec.501.46. Form of Practice. A certificate or registration holder may practice 
public accountancy only in a proprietorship, a partnership, <nl>a limited 
liability company, a registered limited liability partnership,<ol> or a 
professional corporation organized in accordance with the Texas Professional 
Corporation Act, or as an employee of one of these entities.
Issued in Austin, Texas, on March 6, 1992.
TRD-9203375
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: March 9, 1992
Expiration date: July 7, 1992
For further information, please call: (512) 450-7066
       
Chapter 505. The Board
22 TAC sec.505.10
The Texas State Board of Public Accountancy adopts on an emergency an amendment 
to sec.505.10, concerning the responsibilities of the committees of the board. 
This amendment is necessary in order to enable the board to manage major cases 
and to ensure compliance with state and federal laws and regulations.
The amendment is adopted on an emergency basis 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 to effectuate the Act.
sec.505.10. Board Committees.
(a) Committee appointments. Appointments to standing committees and ad hoc 
committees shall be made annually by the board chairman to assist in carrying 
out the functions of the board under the provisions of the Public Accountancy 
Act of  <nl>1991<ol> [1979, as amended] (the Act). The board chairman shall be 
an ex officio member of each standing committee and ad hoc committee and 
chairman of the executive committee.
(b)-(d) (No change.)
(e) Standing committee structure and charge to committees. The standing 
committees shall consist of the following individuals and shall be charges with 
the following responsibilities.
(1) The Executive Committee shall comprise the board chairman, vice -chairman, 
secretary, treasurer, <nl>immediate past chairman of the board if still serving 
on the board,<ol> and [also may include, as an ex officio member, any] 
<nl>one<ol> other <nl>officer<ol> [board member] <nl>elected<ol> [appointed] by 
the board [chairman]. The functions of the Executive Committee shall be to 
advise, consult with, and make recommendations to the board concerning matters 
requested by the board chairman, litigation, and/or proposed changes in the 
board rules of professional conduct (the rules). The Executive Committee may act 
on behalf of the full board in matters of urgency, or when a meeting of the 
board is not feasible; the Executive Committee's actions are subject to full 
board ratification at its next regularly scheduled meeting.
(2)-(8) (No change.)
(9) The <nl>Quality<ol> [Report] Review Committee shall comprise at least two 
board members, one of whom shall serve as chairman, assisted by any number of 
non-board members who shall serve in an advisory capacity. The committee shall:
(A)-(B) (No change.)
(C) make recommendations to the board with regard to proposed changes in board 
rules, opinions, and policies relating to the <nl>quality<ol> [report] review 
program.
(10)-(11) (No change.)
(12) <nl>The<ol> Committee on <nl>Board<ol> [Substantive] Rule Changes shall 
comprise at least one board member, one of whom shall serve as chairman, 
assisted by any number of non-board members who shall serve in an advisory 
capacity. The committee shall make recommendations to the board regarding 
<nl>board<ol> [substantive] rules defined by the board chairman as requiring 
action.
<nl>(13) The Regulatory Compliance Committee shall comprise at least two board 
members, one of whom shall serve as chairman, assisted by any number of non-
board members who shall serve in an advisory capacity. The committee shall make 
recommendations to the board regarding legislative oversight, including, but not 
limited to, budget, performance measures, proposed changes in legislation 
affecting the board, and computer utilization.
(14) The Major Case Enforcement Committee shall comprise at least two board 
members, one of whom shall serve as chairman. At least one committee member 
shall be a public member of the board. The committee shall make recommendations 
to the board regarding legal matters on litigation or potential litigation, and 
other major cases to which the board is a party. The committee shall have the 
authority to act on behalf of the board in instances where disclosure of facts 
to the full board could cause the board's objectivity to be jeopardized, subject 
to final approval by the board. The board shall have sole authority to determine 
whether cases shall be heard by the Major Case Enforcement Committee or other 
enforcement committee.
(f)-(g) (No change.)
(h) Policy guidelines. All advisory committee members performing any duties 
utilizing board facilities and/or who have access to board records, shall 
conform and adhere to the standards, <nl>board<ol> [substantive] rules, and 
personnel policies of the board as described in its <nl>personnel manual <ol> 
[administrative guidelines] and to the laws of the State of Texas governing 
state employees.
Issued in Austin, Texas, on March 6, 1992.
TRD-9203374
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: March 9, 1992
Expiration date: July 7, 1992
For further information, please call: (512) 450-7066
       
Chapter 513. Registration
Registration of Partnerships
22 TAC sec.513.31
The Texas State Board of Public Accountancy adopts on an emergency basis new 
sec.513.31, concerning registration of limited liability companies with the 
board. This amendment is necessary in order to implement the recently enacted 
amendments to the Public Accountancy Act of 1991.
The new section is adopted on an emergency basis 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 to effectuate the Act.
sec.513.31. General Rule. <ol> Every limited liability company (L.L.C.) engaged 
or to be engaged in the practice of public accountancy whose articles of 
organization are approved by the secretary of state and which meet the 
requirements of the Texas Professional Corporation Act and the Public 
Accountancy Act of 1991 shall register with the board.
Issued in Austin, Texas, on March 6, 1992.
TRD-9203376
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: March 9, 1992
Expiration date: July 7, 1992
For further information, please call: (512) 450-7066
       
22 TAC sec.513.32
The Texas State Board of Public Accountancy adopts on an emergency basis new 
sec.513.32, concerning application for registration of a limited liability 
company with the board. This amendment is necessary in order to implement the 
recently enacted amendments to the Public Accountancy Act of 1991.
The new section is adopted on an emergency basis 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 to effectuate the Act.
sec.513.32. Application for Registration of a Limited Liability Company.
(a) Application for registration of a limited liability company (L.L.C.) must be 
made upon a form prescribed by the board and must be submitted to the executive 
director. Application must be made upon the affidavit of an officer or manager 
of the L.L.C. and must set out:
(1) the  L.L.C. name;
(2) the post office address within the state;
(3) the address of the principal office of the L.L.C.;
(4) the principal office's phone number;
(5) the name of the person to contact regarding firm registration and license 
renewal;
(6) complete listing of addresses and resident managers of offices including the 
principal office located within Texas;
(7) date(s) firm organized and commenced practicing in Texas;
(8) any previous names of the firm;
(9) whether or not the firm has had an application for license denied, 
suspended, or revoked by any state or federal agency; whether the firm or any 
manager, officer, or member has been convicted of any felony or misdemeanor 
involving fraud or deceit not previously reported to the board; or whether the 
firm or any individual within the firm has been a party to legal proceedings as 
described in sec.513.47 of this title (relating to Affidavit of Firm);
(10) a copy of the letterhead currently used by the firm;
(11) articles of organization which must be attached;
(12) a statement which identifies the purpose of the firm; and
(13) affidavit that all statements are true and correct.
(b) Each manager, member, and officer must hold a current license to practice 
public accountancy in Texas.
(c) Texas franchise taxes must be current for any L.L.C. authorized to engage in 
the practice of public accountancy in this state.
Issued in Austin, Texas, on March 6, 1992.
TRD-9203377
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: March 9, 1992
Expiration date: July 7, 1992
For further information, please call: (512) 450-7066
       
22 TAC sec.513.33
The Texas State Board of Public Accountancy adopts on an emergency basis new 
sec.513.33, concerning sections and statutory requirements that apply to limited 
liability companies. This amendment is necessary in order to implement the 
recently enacted amendments to the Public Accountancy Act of 1991.
The amendment is adopted on an emergency basis under Texas Civil Statutes, 
Article 414a-1, sec.6(a), which provide the Texas State Board of Public 
Accountancy with the authority to promulgate rules to effectuate the Act.
sec.513.33. Partnership Rules Apply.
(a) All sections and statutory requirements applying to public accounting 
partnerships shall also apply to limited liability companies (L.L.C.) engaged in 
the practice of public accountancy.
(b) All sections and statutory requirements applying to partners of public 
accounting partnerships shall also apply to managers, officers, and member of 
L.L.Cs engaged in the practice of public accountancy.
(c) All sections and statutory requirements governing employees or agents of 
public accounting partnerships shall also apply to employees or agents of L.L. 
Cs engaged in the practice of public accountancy.
(d) An L.L.C. of certified public accountants of this state in good standing may 
be a partner in a partnership.
Issued in Austin, Texas, on March 6, 1992.
TRD-9203378
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: March 9, 1992
Expiration date: July 7, 1992
For further information, please call: (512) 450-7066
       
22 TAC sec.513.34
The Texas State Board of Public Accountancy adopts on an emergency basis new 
sec.513.34, concerning the name of a limited liability company. This amendment 
is necessary in order to implement the recently enacted amendments to the Public 
Accountancy Act of 1991.
The new section is adopted on an emergency basis 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 to effectuate the Act.
sec.513.34. Limited Liability Company.
(a) In addition to other requirements of these sections with respect to the name 
of a limited liability company (L.L.C.) engaged in the practice of public 
accountancy, the name of each L.L.C. registered with this board must include one 
of the following designations:
(1) "Limited";
(2) "Ltd.";
(3) "L.C.";
(4) "L.L.C."; or
(5) Limited Liability Company.
(b) If only one licensee is involved in the practice of the L.L.C. it cannot use 
the term "and company," "and associates," or any other term which is misleading 
to the general public as a part of the name. However, the term "and company" or 
"and associates" may be used as long as the names of the employees licensed by 
this board are shown on page three of the application.
(c) The words "limited liability company" or "L.L.C." must appear in or with the 
firm name each time it is used.
Issued in Austin, Texas, on March 6, 1992.
TRD-9203379
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: March 9, 1992
Expiration date: July 7, 1992
For further information, please call: (512) 450-7066
       
22 TAC sec.513.35
The Texas State Board of Public Accountancy adopts on an emergency basis new 
sec.513.35, concerning the certification of franchise tax status upon license 
application. This amendment is necessary in order to implement the recently 
enacted amendments to the Public Accountancy Act of 1991.
The new section is adopted on an emergency basis 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 to effectuate the Act.
sec.513.35. Certification of Franchise Tax Status.
(a) Each limited liability company authorized to engage in the practice of 
public accountancy in this state shall certify, as prescribed by the board, upon 
application for registration, that the company's Texas franchise taxes are 
current.
(b) The making of a false statement as to company franchise tax status on any 
license application or renewal is grounds for suspension or revocation of the 
license.
Issued in Austin, Texas, on March 6, 1992.
TRD-9203380
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: March 9, 1992
Expiration date: July 7, 1992
For further information, please call: (512) 450-7066
       
TITLE 25. Health Services
Part I. Texas Department of Health
Chapter 97. Communicable Diseases
Control of Communicable Diseases
25 TAC sec.97.16
The Texas Department of Health (department) adopts on an emergency basis the 
repeal of existing sec.97.16, concerning the Texas HIV Medication Program. The 
text of the section is being modified, restructured, and moved to Chapter 98 of 
this title, where it becomes new sec.sec.98.101 - 98.111. This action is also 
being proposed for permanent adoption in this issue of the  Texas Register.
The department repeals sec.97.16 on an emergency basis for the following 
reasons. By modifying, restructuring, and moving the text of sec.97.16 to new 
sec.sec.98.101-98.111, the department will be able to more expeditiously provide 
medications to HIV infected individuals. It is imperative that the department be 
able to improve its ability to address this serious and imminent threat to 
public health and safety by providing approved medications as soon as possible 
to HIV infected individuals.
The repeal is adopted on an emergency basis under the Health and Safety Code, 
sec.85.063, which provides the Board of Health with authority to adopt rules 
covering procedures and guidelines for the HIV Medication Program; sec.12.001, 
which provides the board with authority to adopt rules to implement every duty 
imposed by law on the board, the department and the Commissioner of Health; and 
Texas Civil Statutes, Article 6252-13a, sec.5, which provides the board with 
authority to adopt emergency rules.
sec.97.16. Texas HIV Medication Program.
Issued in Austin, Texas, on March 6, 1992.
TRD-9203353
Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of Health
Effective date: March 6, 1992
Expiration date: July 4, 1992
For further information, please call:(512) 458-7357
       
Chapter 98. HIV and STD Control
Subchapter C. Texas HIV Medication Program
General Provisions
25 TAC sec.sec.98.101-98.111
The Texas Department of Health (department) adopts on an emergency basis new 
sec.sec.98.101-98.111 concerning the Texas HIV Medication Program. The new 
sections replace the existing  s97.16 in Title 25 of the Texas Administrative 
Code which is being repealed on an emergency basis in this issue of the Texas 
Register. The new sections restructure and modify the repealed section and 
implement the provisions of the Communicable Disease Prevention and Control Act, 
Health and Safety Code, Chapter 85, concerning the establishment of an HIV 
medication program in Texas. The program assists hospital districts, local 
health departments, public or non-profit hospitals and clinics, nonprofit 
community organizations, and HIV infected individuals in the purchase of 
medications approved by the board that have been shown to be effective in 
reducing hospitalizations due to HIV related conditions. Generally, the section 
covers eligibility for participation; medication coverage; priority of 
treatment; application process; confidentiality; payment for approved 
medications; participating pharmacies; and an appeal procedure to resolve any 
eligibility or funding disputes. The new sections also clarify the language, 
simplify structure, and expand the formulary to include Fluconazole, Didanosine, 
and Erythropoietin for eligible participants.
New sec.sec.98.101-98.111 are adopted on an emergency basis for the following 
reasons. By restructuring, modifying, and moving the text of the repealed 
sec.97. 16 to the new sections in Chapter 98, the department will be able to 
provide medications more expeditiously to HIV-infected individuals. This will 
enable the department to improve its ability to address this serious and 
imminent threat to public health and safety. Also, the addition of the drug 
Didanosine to the list of available drugs on an emergency basis will help 
inhibit HIV-1 because Didanosine is the only alternative therapy for persons who 
are intolerant of Zidovudine or who have demonstrated significant clinical or 
immunological deterioration during Zidovudine therapy. The drug Erythropoietin 
is being added on an emergency basis because it significantly reduces 
hospitalization by offering an alternative to otherwise transfusion dependent 
persons on Zidovudine. The drug Fluconazole is being added on an emergency basis 
because it will assist hospitals, clinics, and individuals in funding treatment 
for cryptococcal infection. It is imperative that these drugs be made available 
as soon as possible to HIV-infected individuals through emergency adoption of 
the new sections.
The new sections are adopted on an emergency basis under the Health and Safety 
Code, sec.85.066, which provides the Texas Board of Health with the authority to 
adopt rules concerning a Texas HIV Medication Program; sec.12.001, which 
provides the Texas Board of Health with the authority to adopt rules for the 
performance of every duty imposed by law on the Texas Board of Health, the Texas 
Department of Health, and the Commissioner of Health; and Texas Civil Statutes, 
Article 6252-13a, sec.5, which provides the board with authority to adopt 
emergency rules.
sec.98.101. Purpose and Scope.
(a) Purpose. These sections will implement the provisions of the Texas HIV 
Medication Program (program) as authorized by the Communicable Disease 
Prevention and Control Act, Health and Safety Code, sec.sec.85.061-85.066. The 
program shall assist hospital districts, local health departments, public or 
nonprofit hospitals and clinics, nonprofit community organizations, and HIV-
infected individuals in obtaining medications indicated by the Food and Drug 
Administration for the treatment of HIV-related conditions and approved by the 
Texas Board of Health for program coverage.
(b) Scope. These sections cover eligibility, criteria for financial eligibility, 
priority, application process, appeal procedures, confidentiality, procedures 
for obtaining the application materials, payment for approved medications, and 
participating pharmacies.
sec.98.102. Eligibility.  A Texas resident is eligible to participate in the 
Texas HIV Medication Program (program) if he or she:
(1)  is diagnosed with HIV infection and meets the drug specific eligibility 
criteria;
(2) is under the care of a licensed physician who prescribes the medication(s); 
and
(3) meets the financial eligibility criteria of the program.
sec.98.103. Criteria for Financial Eligibility. A person is financially eligible 
for the Texas HIV Medication Program (program) if he or she:
(1) is not covered for approved program medication(s) under the Texas Medicaid 
Program;
(2) does not qualify for any other state or federal program available for 
financing the purchase of approved program medication(s);
(3) is not covered for the medication(s) by any other third-party payer; and
(4) has an income, when combined with his or her spouse that does not exceed 
200% of the most recently published federal poverty income guidelines. For 
minors, the child's or parent's income should not exceed 200% of the most 
recently published federal poverty income guidelines. The spouse or the parent 
must be living in the same household at the time of application. The Department 
of Health (department) will determine if the person satisfies this criterion 
from information provided by the person on a form developed by the department.
sec.98.104. Medication Coverage.
(a) Zidovudine capsules must be provided in increments of 100 not to exceed 400 
capsules per month. Zidovudine syrup must be provided in eight ounce bottles.
(b) Pentamidine for inhalation solution must be provided in one 300 mg. vial per 
month.
(c) Sulfamethoxazole-trimethoprim (DS) tablets must be provided in increments of 
100 tablets for a maximum of 200 per month. Sulfamethoxazole-trimethoprim 
suspension must be provided in bottles of 480 ML.
(d) Didanosine tablets must be provided in increments of 60 tablets not to 
exceed 120 tablets per month.
(e) Fluconazole must be provided in increments of 30 tablets not to exceed 120 
tablets in three months.
(f) Erythropoietin is provided through the Texas HIV Medication Program 
(program) for children younger than 18 years of age. Adults and children that 
meet the financial and drug specific criteria will be eligible to receive this 
drug under the Ortho Biotech Program.
(g) Immune Globulin Intravenous (Human) will be provided in 2.5 and 5 gm. vials.
(h) The program will reimburse the Texas Department of Health's Tuberculosis 
Elimination Division for the following listed drugs used to treat atypical 
mycobacterial infections in individuals that are HIV infected:
(1)  Amikacin-1 g vial;
(2) Capreomycin-1 g vial;
(3) Ciprofloxacin-750 mg. tablets;
(4) Cycloserine-250 mg. capsules;
(5) Ethambutol-100 mg. tablets;
(6) Ethambutol-400 mg. tablets;
(7) Ethionamide-250 mg. tablets;
(8) Isoniazid (INH) syrup;
(9) Isoniazid (INH)-100 mg. tablets;
(10) Isoniazid (INH)-300 mg. tablets;
(11) Kanamycin-1 g vial;
(12) Pyrazinamide-500 mg. tablets;
(13) Pyridoxine (Vit.B-6)-50 mg. tablets;
(14) Rifampin-300 mg./Isoniazid (INH) 150 mg. capsules;
(15) Rifampin-300 mg. capsules;
(16) Sodium P.A.S. tablets; and
(17) Streptomycin-5 g.
sec.98.105. Drug Specific Eligibility Criteria. A person is eligible for:
(1) Zidovudine if he or she is younger than 18 years of age and has a diagnosis 
of HIV infection; or has a positive HIV antibody test and is classified in Group 
III or IV according to the Centers for Disease Control classification system, or 
pending available funding classified in Group I or II with a CD4 cell count of 
500 or less;
(2) Pentamidine for inhalation solution, sulfamethoxazole-trimethoprim (DS) 
tablets, and sulfamethoxazole-trimethoprim suspension if he or she is diagnosed 
with the HIV infection and a CD4 cell count of 200 or less and children under 
the age of 13 with the following clinical indicators:
(A) all children who have had a previous episode of Pneumocystis Carinii 
Pneumonia (PCP);
(B) all children less than 13 years of age who meet the Center for Disease 
Control (CDC) definitions of HIV infection in children and who have CD4+ counts 
less than 400/mm3;
(C) all children less than 15 months of age who have HIV isolated from blood, 
cerebrospinal fluid (CSF), or tissues; or P24 antigen detected in blood/plasma 
or CSF, regardless of CD4 count;
(D) all children less than 15 months of age who are HIV-seropositive and have 
symptoms as defined by CDC Class P2, regardless of CD4 count. Children will 
qualify in Class P2a if they have one symptom and persistent 
hypergammaglobulinemia (2 measurements, one month apart);
(3) Didanosine if he or she has advanced HIV infection and is intolerant of 
zidovudine therapy or who have demonstrated significant clinical or 
immunological deterioration during zidovudine therapy;
(4) Erythropoietin if he or she soon would be or is currently transfusion 
dependent, has a hematocrit less than or equal to 25% and has endogenous serum 
erythropoietin levels equal to or less than 500 mU/mL;
(5) Immune Globulin Intravenous (Human) if he or she is diagnosed with HIV 
infection and is younger than 18 years of age; and
(6) Fluconazole if he or she has an established cryptococcal infection and for 
prophylaxis after diagnosis.
sec.98.106. Priority.  The Texas HIV Medication Program will coordinate with the 
Texas Department of Health's Bureau of Chronically Ill and Disabled Children 
Services for the provision of HIV medication for all applicants under 18 years 
of age.
sec.98.107. Application Process. <ol> An application is made by the person by 
submitting completed financial eligibility and medical certification forms. 
Application documents must be mailed to the Division of Pharmacy, Texas 
Department of Health, 1100 West 49th Street, Austin, Texas 78756. An application 
packet, containing instructions and all necessary forms may be requested by 
writing to the Division of Pharmacy at the previously cited address or by 
telephoning toll-free 1-800-255-1090.
sec.98.108. Appeal Procedures.
(a) This section establishes the appeal procedures that are available in the 
event of an eligibility or funding conflict in the Texas HIV Medication Program 
(program). To initiate the appeal process, a person must notify the Texas 
Department of Health's (department) Division of Pharmacy that he/she wants to 
appeal a program decision concerning either eligibility or funding. The written 
notice must contain sufficient reasons for believing that an appeal is in order.
(b) A department review panel will hear the appeal. The panel consists of the 
Chief of the Bureau of HIV and STD Control, Director of the Pharmacy Division, 
and the HIV Medication Program Administrator. The appellants may appear in 
person to present their views. After hearing all testimony, the panel will issue 
a written decision which will be final.
sec.98.109. Confidentiality. <ol> No information that could identify an 
individual applicant will be released except as authorized by law. Applicants 
should realize that, in addition to the Texas Department of Health, their 
physicians and pharmacists will be aware of their diagnosis.
sec.98.110. Payment for Approved Medication(s). Payment will be made using 
specifications developed by the Texas Department of Health (department) and the 
General Services Commission. If a person is withdrawn from the Texas HIV 
Medication Program for any reason, the department will cease payment as of that 
date. The department will not pay for more than one month's issue of the 
medication(s) per month.
sec.98.111. Participating Pharmacy. <ol> The Texas HIV Medication Program will 
use approved pharmacies and will approve additional pharmacies if a hardship 
exists.
sec.98.112. Prescription Fees. <ol> A $5.00 copayment may be collected by a 
participating pharmacy for each prescription in accordance with the existing 
contract with the Texas Department of Health.
Issued in Austin, Texas, on March 6, 1992.
TRD-9203354
Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of Health
Effective date: March 6, 1992
Expiration date: July 4, 1992
For further information, please call: (512) 458-7537
       
TITLE 31. NATURAL RESOURCES AND CONSERVATION
Part IX. Texas Water Commission
Chapter 334. Underground and Aboveground Storage Tanks
Subchapter L. Overpayment Prevention
31 TAC sec.sec.334.501-334.506
The Texas Water Commission adopts on an emergency basis new sec.sec.334. 501-
334.506, concerning overpayment prevention in the petroleum storage tank 
reimbursement program.
These emergency sections create Subchapter L of 31 Texas Administrative Code, 
Chapter 334 relating to overpayment protection. The new sections are adopted to 
enhance the implementation of certain provisions of House Bill 1588 passed by 
the 71st Texas Legislature. That bill created the petroleum storage tank 
remediation fund for the purpose of cleaning up contamination from leaks of 
petroleum products and substances from underground or aboveground storage tanks. 
The amendments changed the process by which applications for reimbursement of 
clean up costs are processed by the Texas Water Commission.
House Bill 1588 allows owners of petroleum storage tanks to qualify under that 
bill to hire their own contractors for the purpose of cleaning up contamination 
from leaking storage tanks. After the contractor has performed the cleanup work 
and has been paid, the owner of the tank is eligible to submit an application 
for reimbursement of those cleanup costs to the commission. That application to 
date has been thoroughly reviewed to assure that the requested reimbursement 
does in fact reflect reasonable and allowable costs of cleanup only. To date the 
commission has attempted to make no payments until a thorough review of each 
application has occurred. In some cases the commission has allowed the eligible 
owner/operator to sign a subrogation agreement to facilitate faster 
reimbursement while providing a mechanism for cost recovery. The sections 
adopted herein change these procedures and provide commission rules whereby 
reimbursements may be made prior to a full examination of each application. In 
addition, a post-payment audit process is authorized by these sections. These 
sections would therefore allow agency staff to view applications for 
reimbursement before or after the payment is actually made.
In order to assure that inappropriate payments are not made, the agency has 
adopted a process of auditing payments after the payment has occurred to assure 
that costs which are reasonable and allowable are the only costs paid in the 
reimbursement. This change is coupled with another change that authorizes agency 
staff to recover overpayments to the contractors who do the work. Prior practice 
involved a relationship only between the agency and the owner of the tank. 
Because reimbursements are made after payment to the contractors has occurred, 
it is appropriate to look directly to the contractor for repayment of any 
reimbursement monies paid prior to full audit. In the event that an overpayment 
is made, an overpayment notice will be sent to the contractor and that 
contractor will have 30 days to submit a check to the agency in the amount of 
overpayment. If the contractor fails to submit that check within the 30 day time 
period, these sections provide that agency staff will file a petition with the 
commission seeking an order to compel payment. If, after hearing, an order is 
issued to compel payment and that order is not obeyed, then that order is 
enforceable by all authorities available in the Texas Water Code, Chapter 26. 
This includes the ability of the commissioners to levy a penalty of up to $10, 
000 per day for each day of overdue payment. It also authorizes the commission 
to refer the matter to the Texas Attorney General for proper execution of a 
lawsuit. These sections also authorize agency staff to charge the cost of 
hearing to the contractor who has failed to return the overpayment if a hearing 
results in a finding by the commissioners that overpayment in fact did 
originally occur.
It should be pointed out that the agency is also preparing an additional 
subchapter of regulations which will require registration of petroleum storage 
tank remediation contractors and which will impose performance requirements for 
anyone who wishes to be registered as a contractor. At that point anyone who 
wishes to qualify for work eligible for reimbursement from the petroleum storage 
tank remediation fund will be required to have a registration. Once that program 
is in place, the agency will also use the remedy of suspension or revocation of 
contractor registrations to assure that overpayments are returned in a timely 
manner. The consequence of failing to return overpaid amounts will be the 
revocation or suspension of registration which will mean that the particular 
contractor would not qualify to do work for money paid from the petroleum 
storage tank remediation fund.
These sections also provide that contractors and owners of tanks must cooperate 
fully with agency staff whenever an audit or an investigation of potential 
overpayment is being conducted. Failure to cooperate with such an audit or 
investigation will also result in agency staff seeking an order from the 
commission to compel such cooperation. Again, if that order is not obeyed, it is 
subjected to the full enforcement authorizations provided by the Texas Water 
Code, Chapter 26.
These sections are adopted on an emergency basis because the agency has learned 
that owners of petroleum storage tanks are conducting their cleanups on a phased 
basis and seeking reimbursement after each phase. If the agency does not 
reimburse owners of tanks very quickly, the next phase of the cleanup cannot go 
forward. The consequence of this situation is that many petroleum contamination 
cleanups take extremely long to remediate, which makes it possible for the 
contamination to spread during the intervening period. This presents an 
unacceptable situation for the environment and public health and safety.
Section 334.501 (relating to Purpose and Applicability of the Subchapter) lays 
out the purpose of these sections and establishes that the subchapter applies to 
all applications for reimbursement for monies in the petroleum storage tank 
remediation fund.
Section 334.502 (relating to Duty of Persons Paid by Recipients of 
Reimbursements Money from the Petroleum Storage Tank Remediation Fund) 
establishes that each person who is paid for money reimbursed to owners for 
petroleum storage tanks from the remediation fund have a duty to do good quality 
work and charge only a reasonable cost for that work, as defined in sec.334.309 
of the commission rules. The basic thrust of this duty is that unnecessary work 
must not be undertaken and the work that is done that is necessary to remediate 
contamination, must be done at a fair cost in light of technical demands of the 
work involved and the going price in the area where the work is performed. This 
section also imposes a duty to cooperate with any audit or investigation the 
executive director may conduct regarding the quality of work performed or the 
reasonableness of costs charged.
Section 334.503 (relating to What Payment Means) makes clear that just because 
the executive director has sent a reimbursement check to the owner of a tank 
does not necessarily mean that all costs noted in the reimbursement application 
are considered allowable or reasonable. These sections allow for post-payment 
audits and it will be after that audit that decisions about allowable costs and 
reasonableness of cost and quality of work will be determined.
Section 334.504 (relating to Audits) makes clear that the executive director's 
staff shall conduct a sufficient number of audits of reimbursements claimed and 
payments made to assure achievement of the purposes of this subchapter and House 
Bill 1588. These audits may occur prior to or after claims for reimbursement 
have been made.
Section 334.505 (relating to Notice of Overpayment) makes clear that if an audit 
establishes that an overpayment has been made because unreasonable prices were 
charged or poor quality work was performed or costs which are not allowable were 
included in the reimbursement application, then the executive director's staff 
will issue a notice of overpayment. That notice of overpayment can go to the 
contractor who actually performed the work and was paid by the owner of the tank 
using reimbursement funds from the petroleum storage tank remediation fund. This 
section requires persons who receive that notice to return the amount of 
overpayment to the agency payable to the State of Texas-Petroleum Storage Tank 
Remediation Fund.
Section 334.506 (relating to Failure to Return Overpayment or Cooperate with an 
Audit or Investigation) makes clear that if someone who receives a notice of 
overpayment refuses or fails to return the overpaid amount within 30 days, then 
agency staff will seek an order from the commission compelling payment. It also 
indicates that if, upon hearing, the commission issues an order compelling the 
amount of overpayment, the person who had failed to submit the check may be 
charged with the cost of the hearing, including the cost of the hearing 
preparation. This section also makes clear that the commission may order a 
person to cooperate with an audit or investigation of a possible overpayment. 
This section also makes clear that once these orders are issued, if they are not 
obeyed, they may be enforced by the usual means in the Texas Water Code, Chapter 
26. This includes possible penalty of up to $10,000 per day for each day of non-
payment or referral of the matter to the Attorney General for prosecution of a 
lawsuit.
The new sections are adopted on an emergency basis under House Bill 1588, which 
requires the TWC 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 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.334.501. Purpose and Applicability of this Subchapter.
(a)  Purpose. The purpose of this subchapter is to establish procedures 
regarding the reimbursement of money expended from the petroleum storage tank 
remediation fund, to assure the most efficient use of the money available and to 
provide the most effective protection to the environment for the protection of 
public health and safety.
(b) Applicability. This subchapter applies to all applications for reimbursement 
from money in the petroleum storage tank remediation fund.
sec.334.502. Duty of Persons Paid by Recipients of Reimbursement Money from the 
Petroleum Storage Tank Remediation Fund.
(a) Each person who performs work at an underground storage tank or aboveground 
storage tank, who is paid by a person who anticipates being, or actually is, 
reimbursed from the petroleum storage tank remediation fund, shall perform good 
quality work and charge only "reasonable cost" as defined in sec.334.309 of this 
title (relating to Reasonable Costs-Interim Period).
(b) Each person to whom the performance standard established by subsection (a) 
of this section applies shall cooperate fully with any audit or investigation by 
the executive director regarding the quality of work performed on the 
reasonableness of costs charged.
sec.334.503. What Payment Means.
(a) Payment by the executive director of a reimbursement claim means only that 
the claim is potentially subject to post-payment audit.
(b) By making payment of reimbursement claims to eligible owners or operators, 
the executive director makes no statement or admission that the payments are for 
necessary, reasonable or allowable costs, nor that the remedial action taken was 
not in excess of Texas Water Commission clean-up standards for effective 
protection of the environment, public health and safety.
sec.334.504. Audits.  The executive director's staff shall conduct a sufficient 
number of audits of reimbursements claimed and payments made to assure 
achievements of the purposes of this chapter. Such audits may occur prior to or 
after claims for reimbursement have been paid. Such audits shall include at a 
minimum an investigation of the cost effectiveness and fiscal merits of the 
corrective action taken, and the technical merits of the corrective action 
taken.
sec.334.505. Notice of Overpayment.
(a) If the executive director conducts an audit or investigation and concludes 
that reimbursement of a claim was for an amount which exceeded the necessary, 
allowable or reasonable cost of corrective action a notice of overpayment may be 
delivered to the persons who were paid by the reimbursement recipient.
(b) Upon receipt of a notice of overpayment, the person who was paid by the 
reimbursement recipient shall submit a check returning the amount of 
overpayment.
(c)  All checks rendered to return overpayments shall be made out to "The State 
of Texas-Petroleum Storage Tank Remediation Fund", and mailed to the Chief 
Fiscal Officer, Texas Water Commission, P. O. Box 13087, Austin, Texas 78711-
3087 with the notation "LPST #_________, Application #_______, overpayment 
return."
sec.334.506. Failure to Return Overpayment or Cooperate with Audit or 
Investigation.
(a) If the overpayment has not been returned to the commission by the 30th 
calendar day after mailing of the notice of overpayment, excluding the date of 
mailing, the executive director shall file a petition seeking an order from the 
commission to compel payment.
(b) If, upon hearing, the commission issues an order compelling return of 
overpayment in any amount, the person found responsible for returning 
overpayment shall also be required to reimburse the commission for all hearing 
costs, including the costs of preparation.
(c) All commission orders issued pursuant to this subchapter shall be 
enforceable in the same manner as any order issued pursuant to the Texas Water 
Code, Chapter 26.
(d) The executive director may seek an order from the commission to compel 
cooperation with an audit or investigation at any time.
Issued in Austin, Texas, on March 6, 1992.
TRD-9203340
Mary Ruth Holder
Director, Legal Division
Texas Water Commission
Effective date: March 6, 1992
Expiration date: July 4, 1992
For further information, please call: (512) 463-8069