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 19. EDUCATION Part I. Texas Higher Education Coordinating Board Chapter 1. Agency Administration Subchapter A. General Provisions 19 TAC sec.1.6 The Texas Higher Education Coordinating Board adopts the repeal of sec.1.6 concerning optional retirement program eligibility, without changes to the proposed text as published in the December 13, 1991, issue of the Texas Register (16 TexReg 7141). The repeal of this rule will move it to Chapter 25, sec.25.2 and include it with the other optional retirement rules. Chapter 25 was named Administrative Council, but will now be called Retirement Annuity Programs. The rule is being repealed and moved to Chapter 25, sec.25.2. No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Government Code, sec.830.002(c), which provides the Coordinating Board with the authority to adopt rules regarding optional retirement program eligibility. 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 March 12, 1992. TRD-9203738 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: April 3, 1992 Proposal publication date: December 13, 1991 For further information, please call: (512) 483-6160 Chapter 5. Program Development Subchapter S. Transfer of Lower Division Course Credit 19 TAC sec.sec.5.390-5.393 The Texas Higher Education Coordinating Board adopts new sec.sec.5.390-5.393 concerning transfer of lower division course credit, without changes to the proposed text as published in the December 13, 1991, issue of the Texas Register (16 TexReg 7142). Students will be able to complete their college education more quickly at less cost. The new sections respond to the recommendation in the Texas Performance Review. The adoption of these rules should enhance the transferability of credit from community colleges to universities by requiring universities to identify comparable courses in its catalog. The rules provide a penalty for lack of compliance. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Education Code, sec.61.051(g) and sec.61.078(e), which provide the Coordinating Board with the authority to adopt rules transfer of lower division course credit. 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 March 12, 1992. TRD-9203737 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: April 3, 1992 Proposal publication date: December 13, 1991 For further information, please call: (512) 483-6160 Chapter 17. Campus Planning and Physical Facilities Development Subchapter B. Application for Approval of New Construction and Major Repair and Rehabilitation 19 TAC sec.17.44 The Texas Higher Education Coordinating Board adopts an amendment to sec.17. 44 concerning application forms, without changes to the proposed text as published in the December 13, 1991, issue of the Texas Register (16 TexReg 7143). The amendment will accelerate and make more efficient the Coordinating Board's process for reviewing construction projects at public universities, technical colleges, and medical and dental units. They also will ensure that decisions about whether to provide state funding to maintain space leased by higher education institutions take state-wide needs into account. The amendment to the rule is being make so that changes in the construction project application form does not have to be approved by the board. The amendment gives the staff and the institutions more flexibility in assembling information necessary to analyze a construction request. Corpus Christi State University-They were puzzled by the intent of the changes in sec.17.44(3), and what it is designed to accomplish. We replied that it was currently listed in sec.17.32 and that the board had adopted it in an effort to be sure that governing boards had explicitly recognized the importance of spending HEAF and PUF revenues for new construction relative to instructional and research equipment. This is not a new policy but simply renumbered under sec.17.44 of the proposed rule changes. The amendment is adopted under the Texas Education Code, sec.sec.61.0572, 61.058, 61.0582, and 61.0583, which provides the Coordinating Board with the authority to adopt rules regarding application form. 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 March 12, 1992. TRD-9203736 James McWhorter Assistant Commissioner Texas Higher Education Coordinating Board Effective date:April 3, 1992 Proposal publication date: December 13, 1991 For further information, please call: (512) 483-6160 Subchapter B. Application for Approval of New Construction and Major Repair and Rehabilitation 19 TAC sec.17.45 The Texas Higher Education Coordinating Board adopts new sec.17.45, concerning energy conservation projects, with changes to the proposed text as published in the December 13, 1991, issue of the Texas Register (16 TexReg 7143). These rules will accelerate and make more efficient the Coordinating Board's process for reviewing construction projects at public universities, technical colleges, and medical and dental units. They also will ensure that decisions about whether to provide state funding to maintain space leased by higher education institutions take state-wide needs into account. The new rules are proposed to incorporate the board's authorized procedure since April 1990, expediting the approval of energy conservation projects at universities, technical colleges, and health science centers. Under this procedure, the Campus Planning Committee can approve repair and rehabilitation projects that have been approved by the Energy Management Center at the Governor's office. This procedure reduces the delay that can occur between the creation of a proposal to save energy and completion of the necessary renovation. Texas A&M University System-Expressed agreement with all changes except the one having to do with energy conservation projects (sec.17.45) approved by the Governor's Energy Management Center (EMC). He saw no benefit to the state for duplicating the effort for a second opinion of the project by the Coordinating Board. We replied that the proposed rule had been a board policy for a couple of years at the request of the Governor's Office. The EMC sends us a list of projects they have approved, whether or not the project is over $600,000 in cost, and the committee quickly reviews to verify that no additional space will be added. By getting committee approval between scheduled meetings, we are able to satisfy the statutory requirement for board approval without imposing major delays. Texas Woman's University-They stated that the proposed changes were an improvement over the current rules and supported approval. Texas A&M University-Galveston-They suggested that an institution's submission of a construction application be on a floppy disk in a LOTUS format. We replied that we were considering the possibility of transmission via THENET. Another question he addressed was the procedures for approving projects that fall under sec.17.45, energy conservation projects that the EMC has approved and that perhaps we might disapprove. We replied that we were only implementing into our rules the policy the board has been following for a couple of ears. He also questioned if the full board had to know if a proposed rehabilitation project that does not increase the building's gross square footage but makes more efficient use of its space by increasing educational and general space. We replied that the board has taken the view that as long as overall funding for higher education does not keep up with inflation, such projects that increases the demand for state fund does not need full board consideration. Tech University Health Sciences Center-We modified our rules at their suggestion to include health science centers in sec.17.45, energy conservation projects, and noted that if the committee disapproves a project an appeal by the institution can be made to the full board. Corpus Christi State University-At his suggestion, we added language indicating that the committee could refer projects to the full board for its review if an addition of educational and general space is involved. The amendment is adopted under the Texas Education Code, Texas Civil Statutes, sec.sec.61.0572, 61.058, 61.0582, and 61.0583, which provides the Coordinating Board with the authority to adopt rules regarding energy conservation projects. sec.17.45. Energy Conservation Projects. For the purpose of encouraging repair and rehabilitation projects that improve energy conservation in higher education facilities, the following procedure may be used to review for board approval energy conservation projects approved for funding by the Energy Management Center of the Governor's Office. (1) The Energy Management Center of the Governor's Office periodically will submit to the Coordinating Board lists of the projects it has approved for funding at public institutions of higher education, except community or junior colleges. (2) The Coordinating Board staff reviews the projects to verify that none would result in a net addition of educational and general space or would be in conflict with board standards for repair and rehabilitation projects. (3) The staff submits the list of projects to the Campus Planning Committee for its approval on behalf of the full board. (4) If the committee approves the list of projects the staff will notify the Governor's Office and the institutions whose projects have been approved. (5) The committee may refer to the full board any projects it does not wish to approve that cost more than $600,000. If a project would have either effect described in paragraph (2) of this section, it must be referred to the full board. 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 March 12, 1992. TRD-9203735 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: April 3, 1992 Proposal publication date: December 13, 1991 For further information, please call: (512) 483-6160 19 TAC sec.17.46 The Texas Higher Education Coordinating Board adopts new sec.17.46 concerning special approval procedure, without changes to the proposed text as published in the December 13, 1991, issue of the Texas Register (16 TexReg 7144). The new section will accelerate and make more efficient the Coordinating Boards' process for reviewing construction projects at public universities, technical colleges, and medical and dental units. They also will ensure that decisions about whether to provide state funding to maintain space leased by higher education institutions take state-wide needs into account. The new section is proposed to establish a special approval procedure for certain projects that is intended to remove the need for the full board to consider projects that generally present no significant problem and do not require the expenditure of state funds for operation and maintenance. The types of proposals that may be appropriate for such a special approval procedure may be as follows: auxiliary enterprise projects being acquired, constructed or renovated without the use of state funds. In addition, no state funds may be used to operate and maintain such projects; and major repair and rehabilitation of existing education and general buildings that will not add education and general space and whose total cost is not more than $3,000,000. University of North Texas-There were no comments however, there was one question asked. The question concerned the timeframe and turnaround involved for submitting and approving a project under the proposed special approval procedure. We replied that requests could be submitted at any time of the year and could expect to receive the committee's action within four weeks. UT-Health Science Center at Houston-No comment but they asked for clarification, a time table and the process of submitting projects allowed under sec.17.46. We replied that guidelines for these procedures would be available after the board's approval. Texas Tech University Health Sciences Center-They expressed the need for a time table and guidelines for sec.17.46, special approval procedures and these will be make available when the board approves the new rule. The new section is adopted under the Texas Education Code, Texas Civil Statutes sec.sec.61.0572, 61.058, 61.0582, and 61.0583, which provides the Coordinating Board with the authority to adopt rules regarding Special Approval Procedure. 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 March 12, 1992. TRD-9203734 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: April 3, 1992 Proposal publication date: December 13, 1991 For further information, please call: (512) 483-6160 Subchapter C. Requesting Coordinating Board Endorsement of Real Property Acquisitions 19 TAC sec.17.68 The Texas Higher Education Coordinating Board adopts new sec.17.68, concerning leased or rented real property that generates formula funding, with changes to the proposed text as published in the December 13, 1991, issue of the Texas Register (16 TexReg 7144). These rules will accelerate and make more efficient the Coordinating Board's process for reviewing construction projects at public universities, technical colleges, and medical and dental units. They also will ensure that decisions about whether to provide state funding to maintain space leased by higher education institutions take state-wide needs into account. The new section provides establishment of a rule requiring that educational space acquired by institutions of higher education through rental or lease agreements will be approved by the Coordinating Board before being included on the facilities inventory for formula funding. The rule would require board approval of such actions because of the cost such additions can represent to the state. A questions was raised by Texas A&M University-Galveston. The commenter stated that 3,000 square fee of leased educational and general space seemed quite a small figure and asked if the board could get involved only if the lease was for a period longer than two years or extended for more than one term. We replied that the purpose of calling for board review is that leased space could generate formula funding and create the same demand for state funds for operation and maintenance as does new construction and should be treated similarly. UT-Health Science Center at Houston-Modifications were made as a result of their concern for sec.17.68, bringing proposed leased or rented property that would generate state funding to the board for its review. These proposals would only need to be reviewed by the board at one meeting and only to apply to the general academic institutions and TSTCs but not to the medical and dental units because of the present state funding arrangements. The new section is adopted under the Texas Education Code, Texas Civil Statutes, sec.sec.61.0572, 61.058, 61.0582, and 61.0583, which provides the Coordinating Board with the authority to adopt rules regarding leased or rented real property that generates formula funding. sec.17.68. Leased or Rented Real Property that Generates Formula Funding. The Coordinating Board shall review for approval any improved real property whose use is obtained by rental or lease whenever an institution seeks to place the property on its educational and general facilities inventory to generate formula funding, if the property contains at least 3,000 square feet of educational and general space. The application for approval shall be submitted at least 60 days prior to the meeting at which the request is to be considered. 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 March 12, 1992. TRD-9203733 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: April 3, 1992 Proposal publication date: December 13, 1991 For further information, please call: (512) 483-6160 Subchapter D. Audits of Education and General Facilities 19 TAC sec.17.81 The Texas Higher Education Coordinating Board adopts new sec.17.81, concerning audits of education and general facilities, without changes to the proposed text as published in the December 13, 1991, issue of the Texas Register (16 TexReg 7144). The new sections will accelerate and make more efficient the Coordinating Board's process for reviewing construction projects at public universities, technical colleges, and medical and dental units. They also will ensure that decisions about whether to provide state funding to maintain space leased by higher education institutions take state-wide needs into account. Inclusion in board rules of the statutory provisions or audits of higher education facilities. The Coordinating Board's Sunset Bill gave the board responsibility for conducting a periodic audit of educational and general space. The bill also requires the board to verify that projects it has approved were built and paid for as approved by the Coordinating Board. No comments were received regarding adoption of the repeals. Texas A&M University-Galveston recommended the addition of health sciences center in the opening statement of the section, periodic audits of educational and general facilities. We concurred that "medical and dental units" in the opening statement covers them. We also concurred that currently leased facilities that general formula funding be grandfathered. The amendment is adopted under the Texas Education Code, sec.sec.61.0572, 61.058, 61.0582, and 61.0583, which provides the Coordinating Board with the authority to adopt rules regarding periodic audits of educational and general facilities. 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 March 12, 1992. TRD-9203732 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: April 3, 1992 Proposal publication date: December 13, 1991 For further information, please call: (512) 483-6160 Chapter 21. Student Services Subchapter C. Hinson-Hazlewood College Student Loan Program 19 TAC sec.sec.21.53-21.55, 21.62 The Texas Higher Education Coordinating Board adopts amendments to sec.sec.21. 53-21.55, and 21.62, concerning the Hinson-Hazlewood College Student Loan Program. Section 21.53 is adopted with changes to the proposed text as published in the December 13, 1991, issue of the Texas Register (16 TexReg 7146). Sections 21.54, 21.55, and 21.62 are adopted without changes and will not be republished. Without the changes, loans under new bonding resolutions could not be made. Without the credit evaluation change, loans could be made to inappropriate borrowers, thus increasing the default rate for the program. The amendments will incorporate changes necessitated by the passage of Senate Bill 20 in the second called session of the 72nd Legislature; also clarifying that the Coordinating Board will determine the quality of an institutions credit rating regarding loan applicants. The changes mandated by Senate Bill 20 are necessary in order for the program to comply with the state law. The credit rating evaluation of institutions is needed to help control loan defaults. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Education Code, sec.52.54 which provides the Coordinating Board with the authority to adopt rules regarding the Hinson-Hazlewood College Student Loan Program. sec.21.53. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Auxiliary Fund -The student loan auxiliary fund authorized in the Texas Education Code, Chapter 52, Subchapter F. Fund-The Texas opportunity plan fund as created by Texas Constitution Article III, 50b; the student loan revenue bond fund authorized in the Texas Education Code, Chapter 56, Subchapter H; and/or the student loan auxiliary fund, authorized in the Texas Education Code, Chapter 52, Subchapter F. Revenue bond fund-The student loan revenue bond fund, authorized in the Texas Education Code, Chapter 56, Subchapter H. 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 March 12, 1992. TRD-9203730 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: April 3, 1992 Proposal publication date: December 13, 1991 For further information, please call: (512) 483-6160 Subchapter J. The Physician Education Loan Repayment Program 19 TAC sec.sec.21.251, 21.254, 21.260 The Texas Higher Education Coordinating Board adopts amendments to sec.sec.25. 251, 21.254, and 21.260 concerning student services, without changes to the proposed text as published in the December 13, 1991, issue of the Texas Register (16 TexReg 7146). The rule changes will result in improved services in Community Health Centers. The amendments will allow physicians employed by federally-funded Community Health Centers in Texas to qualify for program benefits whether or not the Community Health Centers are located in federally-defined Health Manpower Shortage Areas. Presently all but two Community Health Centers are located in Health Manpower Shortage areas; all serve low income people. The proposed change will have the effect of helping to recruit physicians willing to practice in Community Health Centers. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Education Code, sec.61.537, which provides the Coordinating Board with the authority to adopt rules regarding the Physician Education Loan Repayment Program. 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 March 12, 1992. TRD-9203731 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: April 3, 1992 Proposal publication date: December 13, 1991 For further information, please call: (512) 483-6160 Chapter 25. Administrative Council Subchapter A. General Provisions 19 TAC sec.sec.25.1-25.18 The Texas Higher Education Coordinating Board adopts the repeal of sec.sec.25. 1-25.18, concerning general provisions, without changes to the proposed text as published in the December 13, 1991, issue of the Texas Register (16 TexReg 7147). The Administrative Council's statutory authority was deleted effective September 1, 1991. The entire subchapter is being repealed because House Bill 2 transferred all but the four largest programs to the group insurance program for state agency employees administered by the Employee Retirement System. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Government Code, sec.830.002(c), which provides the Coordinating Board with the authority to repeal the rules regarding general provisions of the administrative council. 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 March 12, 1992. TRD-9203728 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: April 3, 1992 Proposal publication date: December 13, 1991 For further information, please call: (512) 483-6160 Subchapter A. Retirement Annuity Programs 19 TAC sec.sec.25.1-25.10 The Texas Higher Education Coordinating Board adopts new sec.sec.25.1-25.10, concerning retirement annuity programs, without changes to the proposed text as published in the December 13, 1991, issue of the Texas Register (16 TexReg 7147). The new sections will enable centralized oversight of the ORP programs which is required by the statute to provide for greater uniformity of procedures for administration of ORP and the tax-sheltered annuity program. A provision of House Bill 2, 72nd Legislature, transferred the responsibility for oversight of the Optional Retirement Program (ORP) from the Administrative Council to the Coordinating Board effective September 1, 1991. The proposed rules are essentially the rules which were adopted by the Administrative Council with amendments based on legislative requirements from the 72nd session (i.e. inclusion of the Commissioner of Education as an eligible ORP participant and transfer of oversight to the board). No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Government Code, sec.830.002(c) which provides the Coordinating Board with the authority to adopt rules regarding Retirement Annuity Programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 12, 1992. TRD-9203729 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: April 3, 1992 Proposal publication date: December 13, 1991 For further information, please call: (512) 483-6160 Subchapter B. Administration of the Texas State College and University Employees Uniform Insurance Benefits Program 19 TAC sec.sec.25.31-25.58 The Texas Higher Education Coordinating Board adopts the repeal of sec.sec.25. 31-25.58, concerning administration of the Texas State College and University Employees Uniform Insurance Benefits Program, without changes to the proposed text as published in the December 13, 1991, issue of the Texas Register (16 TexReg 7147). The Administrative Council's statutory authority was deleted effective September 1, 1991. The entire subchapter is being repealed because House Bill 2 transferred all but the four largest programs to the group insurance program for state agency employees administered by the Employee Retirement System. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Government Code, sec.830.002(c), which provides the Coordinating Board with the authority to repeal the rules regarding administration of the Texas State College and University Employees Uniform Insurance Benefits Program. 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 March 12, 1992. TRD-9203727 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: April 3, 1992 Proposal publication date: December 13, 1991 For further information, please call: (512) 483-6160 Subchapter C. Administration of Retirement Annuity Programs 19 TAC sec.sec.25.71-25.78 The Texas Higher Education Coordinating Board adopts repeal of sec.sec.25.71-25. 78 concerning administration of retirement annuity programs without changes to the proposed text as published in the December 13, 1991, issue of the Texas Register (16 TexReg 7147). The Administrative Council's statutory authority was deleted effective September 1, 1991. The entire subchapter is being repealed because House Bill 2 transferred all but the four largest programs to the group insurance program for state agency employees administered by the Employees Retirement System. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Government Code, sec.830.002(c) which provides the Coordinating Board with the authority to repeal the rules regarding Administration of Retirement Annuity Programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 12, 1992. TRD-9203726 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: April 3, 1992 Proposal publication date: December 13, 1991 For further information, please call: (512) 483-6160 TITLE 22. EXAMINING BOARDS Part XII. Board of Vocational Nurse Examiners Chapter 233. Education Operation of a Vocational Nursing Program 22 TAC sec.233.25 The Board of Vocational Nurse Examiners adopts an amendment to sec.233.25, concerning workshops for faculty of vocational nursing programs, without changes to the proposed text as published in the February 11, 1992, issue of the Texas Register (17 TexReg 1172). The agency has been evaluating the effects of the 40 hour continuing education requirements since its adoption in 1985. After review, it was determined that 40 hours annually are excessive and have presented undue hardships for many programs, especially small and rural programs. Reduction to 15 hours annually should relieve these hardships. With the implementation of biennial mandatory continuing education for nurse relicensure, it is believed that a reduction in hours could be accomplished without compromising the quality of teaching in vocational nursing programs. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to govern its procedures and to carry in effect the purposes of the law. 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 March 13, 1992. TRD-9203779 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: April 6, 1992 Proposal publication date: February 11, 1992 For further information, please call: (512) 835-2071 Chapter 239. Contested Case Procedure Enforcement 22 TAC sec.239.11, sec.239.16 The Board of Vocational Nurse Examiners adopts amendments to sec.239.11 and sec.239.16 concerning enforcement, without changes to the proposed text as published in the February 11, 1992, issue of the Texas Register (17 TexReg 1173). Section 239.11 is being amended to include referring individuals for treatment/rehabilitation with the intent of receiving remuneration (as directed by the Senate Interim Committee on Health and Human Services), to add that failure to repay a guaranteed student loan is considered unprofessional conduct, and to add other violations that may be considered unprofessional conduct. Section 239.15 is being renumbered as sec.239.16 in order to allow for consistency in rules when adopting a rule relative to defaulted student loans. The amendment to sec.239.11(16) will improve the system of accessing health services to the citizens of Texas by not limiting their choice of institutions. The amendment to sec.239.11(18) will enhance government funds by causing individuals to repay monies owed to the state on student loans. Other amendments more clearly outline reasons the public may file a complaint against an individual's license for disciplinary action. No comments were received regarding adoption of the amendment and new section. The amendment and new section are adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to govern its procedures and to carry in effect the purposes of the law. 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 March 13, 1992. TRD-9203776 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: April 6, 1992 Proposal publication date: February 11, 1992 For further information, please call: (512) 835-2071 22 TAC sec.239.15 The Board of Vocational Nurse Examiners adopts the repeal of sec.239.15 concerning Peer Assistance Programs, without changes to the proposed text as published in the February 11, 1992, issue of the Texas Register (17 TexReg 1174). The section is being renumbered to sec.239.16 in order to allow for continuity in the rules by adding a rule relative to defaulting on student loans in the sec.239.15 sequence. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to govern its procedures and to carry in effect the purposes of the law. 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 March 14, 1992. TRD-9203778 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: April 6, 1992 Proposal publication date: February 11, 1992 For further information, please call: (512) 835-2071 The Board of Vocational Nurse Examiners adopts new sec.239.15 concerning enforcement, without changes to the proposed text as published in the February 11, 1992, issue of the Texas Register (17 TexReg 1174). The legislature required that state agencies implement rules relative to licensure of persons who have defaulted on student loans. It is anticipated there will be an enhancement of government funds by causing individuals to repay monies owed to the state on student loans. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to govern its procedures and to carry in effect the purposes of the law. 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 March 13, 1992. TRD-9203777 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: April 6, 1992 Proposal publication date: February 11, 1992 For further information, please call: (512) 835-2071 Chapter 519. Practice and Procedure 22 TAC sec.sec.519.32-519.46 The Texas State Board of Public Accountancy adopts new sec.sec.519.32-519.46, concerning prehearing discovery in proceedings conducted by the agency, without changes to the proposed text as published in the January 31, 1992, issue of the Texas Register (17 TexReg 811). The public benefit anticipated as a result of enforcing the sections will be clarification of the agency's prehearing discovery procedures and improvement in consistency with current statutory authority regarding administrative procedures. These section should allow for a more thorough disclosure of information and evidence prior to hearings before the agency and should make discovery procedures in such cases consistent with a majority of other state agencies and civil litigation practice in general. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 41a.1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules deemed necessary or advisable to effectuate the Public Accountancy Act of 1991. 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 March 11, 1992. TRD-9203662 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: April 2, 1992 Proposal publication date: January 31, 1992 For further information, please call: (512) 450-7066 Chapter 523. Continuing Professional Education Continuing Professional Education Programs 22 TAC sec.523.2 The Texas State Board of Public Accountancy adopts an amendment to sec.523.2, concerning standards for CPE program development, without changes to the proposed text as published in the October 29, 1991, issue of the Texas Register (16 TexReg 6122). This is necessary in order to ensure that CPAs are technically competent. The amendment will add accounting courses to the technical area. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to formal continuing professional education standards. 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 March 11, 1992. TRD-9203661 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: April 2, 1992 Proposal publication date: October 29, 1991 For further information, please call: (512) 450-7066 Part XXIV. Texas Board of Veterinary Medical Examiners Chapter 575. Practice and Procedure 22 TAC sec.575.22 The Texas Board of Veterinary Medical Examiners adopts new sec.575.22, concerning reinstatement of veterinary licenses, with changes to the proposed text as published in the February 7, 1992, issue of the Texas Register (17 TexReg 1005). The new section ensures that practitioners have adequate time for rehabilitation before petitioning the board for reinstatement of a license that has been acted upon through disciplinary action of the board. It establishes guidelines for considering petitions. The new section informs licensees whose license has been revoked or cancelled by the board what they will be considering when reviewing petitions for reinstatement. It will also establish a time frame for petitioning the board for reinstatement. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 8890, sec.7(a), which provide the Texas Board of Veterinary Medical Examiners with the authority to "...make, alter, or amend such rules and regulations as may be necessary or desirable to carry into effect the provisions of this Act." sec.575.22. Reinstatement of Veterinary Licenses. (a) A person whose license to practice veterinary medicine has been cancelled or revoked, whether by voluntary action or by disciplinary action of the board, may after five years from the effective date of such cancellation or revocation, petition the board for reinstatement of the license, unless another time is provided in the cancellation or revocation order, or unless no allowance was made in the order for reinstatement. This rule does not apply to licensees who let their licenses lapse for non-payment of renewal fees or licensees against whom a cancellation or revocation proceeding is not pending before the board or in any other jurisdiction. (b) The petition shall be in writing and in the form prescribed by the board. (c) The board may, after investigation or board hearing, if the board deems them necessary, at its discretion, grant or deny the petition. If such petition is denied by the board, a subsequent petition may not be considered by the board until 12 months from the date of denial of the previous petition. (d) The applicant or his legal representative must appear before the board to present the request for reinstatement of the license. (e) At the reinstatement hearing, the applicant shall have the burden of showing good cause why the applicant's license should be reinstated. (f) The applicant, by submitting a petition for reinstatement, requests and consents to the board's exercise of jurisdiction over the petition. (g) In considering a petition for reinstatement, the board may consider the petitioner's: (1) moral character; (2) employment history; (3) financial support to his/her family; (4) participation in continuing education programs or other methods of staying current with the practice of veterinary medicine; (5) criminal history record, including felonies or misdemeanors relating to the practice of veterinary medicine and/or moral turpitude; (6) offers of employment as a veterinarian; (7) involvement in public service activities in the community; (8) compliance with the provisions of the board order revoking or cancelling the applicant's license; (9) compliance with provisions of the Veterinary Licensing Act regarding unauthorized practice; (10) history of acts or actions by any other state and federal regulatory agencies; (11) physical, chemical, emotional, or mental impairment; (h) In considering a petition the board may also consider: (1) the gravity of the offense for which the applicant's license was cancelled, revoked, or restricted and the impact the offense had upon the public health, safety, and welfare; (2) the length of time since the applicant's license was cancelled, revoked, or restricted, as a factor in determining whether the time period has been sufficient for the applicant to have rehabilitated himself/herself to be able to practice veterinary medicine in a manner consistent with the public health, safety, and welfare; (3) whether the license was submitted voluntarily for cancellation at the request of the licensee; and (4) other rehabilitative actions taken by the applicant. (i) If the board grants the petition for reinstatement, the applicant must successfully complete the state board examination during the regularly scheduled examination administration times. 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 March 9, 1992. TRD-9203576 Buddy Matthijetz Executive Director Texas Board of Veterinary Medical Examiners Effective date: April 1, 1992 Proposal publication date: February 7, 1992 For further information, please call: (512) 447-1183 TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 129. Income Benefits-Temporary Income Benefits 28 TAC sec.129.4 The Texas Workers' Compensation Commission adopts an amendment to sec.129.4, concerning adjustments to temporary income benefits, with changes to the proposed text as published in the September 17, 1991, issue of the Texas Register (16 TexReg 5130). The amendment is necessary to conform the reporting requirement of this rule with other commission rules regarding the employer's supplemental report of injury. In subsections (c) and (d) the rule is amended to delete the word "Employer's" from the title of the Form TWCC 6. This section provides guidance to insurance carriers, regarding their responsibility for adjusting temporary income benefits, and to employers, regarding their responsibility for reporting fluctuations in income, and to the injured employees about their responsibility to report fluctuations in earnings under certain circumstances. No comments were received by the commission regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 8308-5.05(c) and (d), which provide that employers must file subsequent reports as required by commission rule and that the commission may adopt rules relating to the information to be contained in an employer's report, and Article 8308-2.09(a), authorizing the commission to adopt rules necessary to implement and enforce the Texas Workers' Compensation Act. sec.129.4. Adjustment of Temporary Income Benefit Amount. (a)-(b) (No change.) (c) If the injured employee is still employed by the employer at the time of injury, the employer is responsible for informing the carrier of changes in the employee's weekly earnings after an injury, on Form TWCC 6, Supplemental Report of Injury, within 10 days after the end of each pay period, as provided by sec.120.3 of this title (relating to Employer's Supplemental Report of Injury). (d) If the employee is no longer employed by the employer, the employee is responsible to provide information to the insurance carrier about the existence or amount of any earnings, or any offers of employment. The employee may use Form TWCC 6, Supplemental Report of Injury, for this purpose. 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 March 13, 1992. TRD-9203709 Ernest Boardman Acting General Counsel Texas Workers' Compensation Commission Effective date: April 3, 1992 Proposal publication date: September 17, 1991 For further information, please call: (512) 440-3972 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part X. Texas Water Development Board Chapter 377. Hydrographic Survey Program Rules 31 TAC sec.sec.377.1-377.5 The Texas Water Development Board (the board) adopts new sec.sec.377.1-377.5, concerning the board's Hydrographic Survey Program under the authorization of the Texas Water Code, Chapter 15, Subchapter L, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5057). The new sections allow the implementation of hydrographic survey program, wherein the board will provide hydrographic services to political subdivisions under contract which will recover the board's cost of service. Several entities submitted comments of support for the program confirming an overall interest and need for the program in managing the overall surface water needs of the state, noting the program provides a less expensive alternative and provides quality and consistency not possible with individual efforts. A comment against the program was received which asked the board to contract the hydrographic field survey services to the private sector instead of the board producing those services in-house. The Sabine River Authority, the Lavaca-Navidad River Authority, the San Jacinto River Authority, the Brazos River Authority, the Colorado River Municipal Water District, the Canadian River Municipal Water Authority, the North Central Texas Municipal Water Authority, the White River Municipal Water District, the Red Bluff Water Power Control District, the Franklin County Water District, the City of Corpus Christi, the City of Houston, the City of Wichita Falls and the International Boundary and Water Commission submitted comments in favor of the sections. Kenneth Balk & Associates, Inc. submitted comments against the sections. In response to the comment that the board should contract this program to the private sector, the board feeds that it has been charged with assisting in the planning for and managing of the state's surface water in order to attain a maximum public benefit. The board's reservoir surveying program was initiated in response to regional/local entities' requests for assistance, which cited problems with current methods and costs of services and expressed a "need" for a lower-cost, high quality state program. A state-run program also will provide benefits to future development and management of the state's water resources. The new sections are adopted under the Texas Water Code, sec.6.101, which provides the board with the authority to adopt rules necessary to carry out its powers and duties and sec.15.804 and sec.15.805, which require the board to prescribe fees by rules and which allow the board to adopt rules necessary to administer the Hydrographic Survey Program. 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 March 13, 1992. TRD-9203719 Suzanne Schwartz General Counsel Texas Water Development Board Effective date: April 3, 1992 Proposal publication date: September 13, 1991 For further information, please call: (512) 463-7981 Texas Department of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's note: As required by the Insurance Code, Article 5.96 and Article 5.97, the Register publishes notices of actions taken by the State Board of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure and Texas Register Act. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the State Board of Insurance, 333 Guadalupe, Austin.) The State Board of Insurance has adopted a filing by American Security Insurance Company for a form and rule revision to the Lender's Collateral Protection Blanket Policy previously approved by Board Order Number 58369 dated May 29, 1991. In accordance with the provisions of the Insurance Code, Article 5.97, the text of the proposed filing has been filed in the office of the Chief Clerk of the State Board of Insurance. The proposed filing has been available for public inspection for 15 days and a public hearing was not requested by any party. The adopted filing revises Item 4 on the declarations page of the Lender's Collateral Protection Blanket Policy to add a third option for the premium reporting basis. The policy previously offered a monthly and quarterly premium reporting basis. The revision adds an option for an annual premium reporting basis. In conjuction with this change, this option has been added to rule page R1 under I , E of the previously approved rules found in Exhibit B on Board Order Number 58369. There is no rate consequence to this revision. This filing becomes effective on the 15th day after notice of this action is published in the Texas Register . This notice is filed pursuant to the Insurance Code, Article 5.97 which exempts it from the requirements of the Administrative Procedure and Texas Register Act. Issued in Austin, Texas, on March 13, 1992. TRD-9203720 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Filed: March 13, 1992 Effective date: April 4, 1992 For further information, please call: (512) 463-6327 The State Board of Insurance has adopted a filing by Prudential Property and Casualty Insurance Company of a new General Endorsement Form CPT 1135 TX (11/91) for the Lender's Collateral Protection Blanket Policy. In accordance with the provisions of the Insurance Code, Article 5.97, a text of the proposed filing has been filed in the office of the Chief Clerk of the State Board of Insurance. The proposed filing has been available for public inspection for 15 days and a public hearing was not requested by any party. The adopted General Endorsement Form CPI 1135 TX (11/91) allows additional space to list all types of eligible property which would not fit on the declarations page of the Lender's Collateral Protection Blanket Policy. The endorsement also provides a means for subsequently amending policy variables found on the declarations page of the Lender's Collateral Protection Blanket Policy. The endorsement can not be used to alter basic policy provisions. There is no premium charge for this endorsement. This filing becomes effective on the 15th day after notice of this action is published in the Texas Register . This notice is filed pursuant to the Insurance Code, Article 5.97 which exempts it from the requirements of the Administrative Procedure and Texas Register Act. Issued in Austin, Texas, on March 13, 1992. TRD-9203721 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Filed: March 13, 1992 Effective date: April 4, 1992 For further information, please call: (512) 463-6327