Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 4. AGRICULTURE Part III. Texas Feed and Fertilizer Control Service Permitting and Registration The Texas Feed and Fertilizer Control Service adopts an amendment to 4 TAC sec.61.11 concerning application for registration, with changes to the proposed text as published in the April 3, 1992, issue of the Texas Register (17 TexReg 2367-8) . Section 61.11(b): provides users that feed directions are correct and that feed components are approved for use; provides service to small manufacturers who cannot stay current on labeling policies, minimizes chances products enter the marketplace which place legitimate dealers at risk; enables service to fulfill request of a 1988 ad hoc committee recommending service advise feed manufacturers of a potential health hazard, review feeding directions carefully before registration, particularly multi-species, and "complete" feeds. Section 61.11(b) requires submission of a label for every newly registered product and defines conditions under which the service may require safety and efficacy of data. Section 61.11(b)-Those favoring the proposed subsection stated it would strengthen policing of labels and reduce mislabeling. Those opposing stated: product registration was being eliminated or should be; the rule is costly and burdensome; benefits claimed are illusory; no need because feed industry has a good labeling record. Section 61.11(c)-No comments favoring the proposed subsection were received. One adverse comment maintained that sec.61.1(c) would conflict with statutory language if the service rejected registration. Names of groups and associations making comments for the section were: Texas Farm Bureau; Texas Poultry Federation; Associated Milk Producers, Inc. (Texas Division); Texas Veterinary Medical Diagnosis Laboratory; and Texas Farmers Union. Names of groups and associations making comments against the section were: Industrial Grain Products; Texas Grain and Feed Association; Tindle Mills, Inc.; Central Soya; Hi-Pro Feeds; Texas Farm Products; Pittman-Moore; Moorman Mfg.; IntAgra; Vigortone Agriculture Products; Bioproducts; Prince/Agri Products; Nutrena Feeds (Cargill); Trade One, Inc.; Kent Feeds; Diamond V Mills, Inc.; Wayne Feed aka Continental Grain; and AFIA-General Office and Feed Control Committee. Prior to adoption, the service received adverse comments on subsection (b) from 18 organizations (the American Feed Industry Association general office and its feed committee commented separately, but are counted as one organization) either orally or in writing. Of those 18, two do not do business in Texas; four are Texas-based. Five organizations, all Texas based, favored the proposed rule. In an open meeting, (the text of which is available), three groups spoke for the proposed rule; three made adverse comments. In reviewing the adverse comments, both those received by letter and those articulated at the open meeting, the service has been able to group them into general categories with common underlying themes. For economy of space, it proposes to respond to the themes expressed rather than answering each similar comment directly. Eight of the correspondents opposing the rule maintain that the national trend in feed labeling is to eliminate product registration. Apparently these writers link product registration with label review. The office sees no such link. The Texas Commercial Feed Act, sec.141.021(a), requires product registration, but sec.141.022(c) leaves the extent of label review to the discretion of the service. The service, therefore, may require no label submission whatsoever or it may, as proposed here, require 100% submission. Thus, in Texas, label submission is not linked to product registration. Nor is facility registration linked with lesser label review, e. g., North Dakota, despite facility registration, has extensive label review and many of the states cited as adopting facility registration review labels initially or require labels to be submitted on an annual basis with the facility registration. Even if the two were linked, the service has no authority to adopt only facility registration. That is a task for the legislature. The service, therefore, does not need to determine what the national trend is nor does it give any weight to such arguments either for or against the rule. (It is instructive, however, to note that both Illinois and West Virginia have recently adopted new laws similar to Texas' which maintain product registration, the latter because "it was felt that the existing system of permanent product registration provides more control over feed sold in the state" and that all states contiguous to Texas have product registration laws.) Four comments suggest centralized label review is not cost effective in one sense or another and that label review in the field would be more effective. The service strongly disagrees for these reasons. Field inspectors can review only a very small number of labels. One commentator makes this specific: "Why have thousands of reviewed labels on file when only a small percentage-probably less than 5.0%-are picked up in the field for internal processing." Since the industry is free to use any of these thousands of labels at any time, the service believes the consumer needs the much higher level of protection that complete, consistent label review provides. In the service's opinion, field review by inspectors subjects a firm to a variety of interpretations unless the interpretations are coordinated by a central authority. Field review of labels is, in the service's opinion, far more costly and more of a hindrance to commerce than the service's proposal. Since most of the labels are not seen (see above), field review presupposes the industry has a good track record of correctly labeling products. Although this statement is made by four commentators, they offer no particular statistics except to comment that violations shown in the service's annual report remain constant. The service notes the following. The industry track record in horse feeds (as one example of products which under present rules are not necessarily reviewed) does not inspire that confidence. Indeed, the instance of misuse of unapproved additives displayed on the horse feed labels was so widespread that the Service felt compelled to publish an article in Backstretch and to some 22 trade magazines warning against their use and asking individuals to pay close attention to label claims and to feeding directions and institute two special programs to locate these products because under the present rule the Office was not seeing the labels. The service has observed that a significant number of these violative products originated in states which do not have pre-market reviews. The fiscal year 1991 Annual Report shows that packaged products had an overall label violation rate of 2. 9%; however, the violation rate for vitamin-mineral mix was 7.4%, that of sheep and goat feed, 5.4%, that of dairy products, 5.5%. The service believes that the rate of violation may be far higher among labels not now reviewed. And these violations are not the "misspellings or slightly incorrect minor infractions" commentators cite as the errors which will occupy the attention of the service. Those minor infractions are not counted as violations in the report. What are counted are substantial, significant labeling errors. The service also notes that industry error rates have not been reduced under the present program: in FY 1988, the label violation rate for a vitamin-mineral mix was 6.1%. There was sufficient concern in 1988 about labeling quality that an ad hoc committee of 15 members of extension and research faculty from the departments of Animal Science, Poultry and the Texas Veterinary Medical Diagnostic Laboratory as well as five industry advisors recommended "the State Chemist should review feeding directions carefully before registration (italics added), particularly multi-species feeds and complete feeds." The service's response by Dr. W. Y. Cobb was, "It is impossible to carry labeling review further at present due to personnel limitations." The service believes the need is such that it is prepared to carry out the task. The service subscribes to the belief articulated by Lee Boyd in a speech to the AAFM (June 1987) that "label review is the focal point of regulation" and deems it the point in the regulatory process where it may most economically service and protect all facets of the feed community and if companies do not have good track records, identify and correct problems before they appear in the field. All adverse correspondence either specifically state or imply that the new rule will increase industry's burden. That burden cannot be economic despite the contention of five correspondents. One writer specifically concedes, "submission of all labels would not pose an economic burden per se." Nor can it be an increase in staff. The office has actually reduced staff from 78 in 1984, to 65 in 1987, to 62.5 full-time equivalents (FTE) in 1992 while expanding operations and proposes to accommodate this task within that 62.5 figure. The burden is apparently then "an added hindrance in not allowing the quick distribution of legally labeled products into the marketplace." The service found no specific comment as to why this would happen offered by any commentator. The service does not believe that legally-note the word carefully-labeled products would be hindered from quick distribution and no evidence other than assertion has been offered. The Texas State Chemist has been notably successful in reducing turnaround times in other areas, e.g., the laboratory, to acceptable levels; he believes the service has both the sophistication and the expertise to handle the task in a timely manner. A number of statements have noted that companies could voluntarily submit labels for review if they are unsure of labeling requirements; thus, mandatory submission need not be required. The service agrees they could, but would they, particularly if firms truly believed that the entrance of their products into the marketplace would be hindered by review? If hindrance-to- distribution is truly an industry concern, then the service believes it unlikely that any questionable issues will ever be presented voluntarily. It is precisely these questionable issues that the service wishes to resolve before a product reaches the marketplace. Two comments propose to rebut the service's assertion of a public benefit of complete label review accruing because the rule would minimize "chances products enter the marketplace which place legitimate manufacturers at competitive disadvantage." Although they differ on the primary cause, the commentators maintain the feed label is "not a priority consideration when consumers purchase feed." The service does not know on what basis consumers make their decisions in the marketplace, but it does not propose to shape policy based on any particular theory. The service subscribes to the AAFCO philosophy that "Consumers are concerned about what they are purchasing and label disclosure can serve to inform them about product content. Armed with information from competing products the consumer can make calculated purchase decisions" (AAFCO Official Publication, p. 64.). Should consumers choose not to utilize the information offered, that is their business, but the service believes they are entitled to have easily comparable, consistent label information from which they can make valid comparisons of products and product claims. The service also believes that the legitimate manufacturer deserves to have a level playing field against those whose puffery or unsatisfactory or incomplete labeling gives them an advantage in the marketplace. Another correspondent proposes to rebut the benefit that "The label review provides protection from liability," noting "We have never seen any evidence that a state label review has limited our liability." The service cannot speak to the experience of this particular company, but it takes notice of the comment made by James Hurston, "a pioneer in approved label expediting business" according to "Feed Chemical News," (17 Feb. 1992, p. 39), who in reviewing the FSIS's prior label approval system for meat and poultry says that it is "extremely beneficial" to packers because it protects them from litigation. The service believes that same benefit can and should accrue to the legitimate manufacturers of feed. One comment was received in reference to subsection (c) which notes this section would appear to have the effect of requiring a formal hearing to "affirmatively refuse" a registration if the label were unsatisfactory. The service agrees with the observation and understands that is implicitly the case. The phrase was suggested by the Texas Grain and Feed Association to clarify what constituted "registration" and the service was prepared to accept the burden because the association felt it clarified sec.61.11(b); however, the service has had a recent instance where the rule would have allowed registration despite gross improprieties in the registration procedure. The commentator offered no suggestions for remedy nor a rewording. The service will not adopt this amendment to the section; however, it would consider other proposals if they address mutual concerns satisfactorily. Succeeding paragraphs and subparagraphs will be numbered in the final rule to conform to the deletion. The amendment is adopted under the Texas Commercial Feed Act, sec.141.004, which provides the Texas Feed and Fertilizer Control Service with the authority to adopt rules as necessary for the enforcement of this chapter following notice and public hearing. sec.61.11. Application for Registration. (a) Each brand and product name of a commercial feed must be registered before it may be distributed. (b) The labeling information required to accompany bagged or bulk commercial feed by the Texas Commercial Feed Act, sec.141.051 or sec.141.052 concerning labeling of commercial feed shall be submitted with all applications for registration. (c) The service may require the applicant to present evidence of authorization to use a registered trademark or other labeling reference as a condition for the registration of a product. (d) The service may require the applicant to submit evidence satisfactory to the service respecting the safety and efficacy of a commercial feed prior to the approval of a registration application and label for the feed if it contains any additive (including drugs, special purpose and/or non-nutritive additives) not previously recognized as safe and effective by the United States Food and Drug Administration for its labeled use or does not possess GRAS animal status. (e) The net weight shall be provided as a condition for registration of specialty products packaged and marketed in containers weighing one pound or less whose net contents are declared on the label of the product in conformity with the United States Fair Packaging and Labeling Act, 15 United States Code, sec.1415, et seq, and regulations promulgated thereunder. 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 College Station, Texas, on May 19, 1992. TRD-9206921 George W. Latimer, Jr. Texas State Chemist Texas Feed and Fertilizer Control Service Proposal publication date: April 3, 1992 For further information, please call: (409) 845-1121 Part I. Railroad Commission of Texas Subchapter B. Operating Certificates, Permits, and Licenses 16 TAC sec.5.44 The Railroad Commission of Texas adopts new sec.5.44, concerning incidental transportation by oil field service companies, with changes to the proposed text as published in the March 24, 1992, issue of the Texas Register (17 TexReg 2175). The new section implements House Bill 2454 enacted by the 72nd Legislature. The amendment exempts from the provisions of the Texas Motor Carrier Act transportation provided by oil field service companies which is incidental to the performance of oil field services. Without tucking authority, a person providing oil field service may: transport up to a specified amount of oil field equipment, including spare parts, for use at an oil or gas field location; and transport oilfield equipment removed from the location for reconditioning, return to inventory, or disposal. Two comments generally in favor of the proposed section were received. However, the commenters urged that minor changes in the rule as proposed would more closely follow the legislative intent. The commenters recommended that the term "lessor" be changed to "lessee" in subsections (a)(1) and (b)(5); that the singular instead of plural form be used in subsection (a) (2) and (3) (A) and (B); and that in subsection (b)(6) the term "merely" be included. The commenters also recommended that the term "incidental" be explained. The commission agrees with the comments, except the commenter that recommends a further explanation of "incidental." The commission disagrees with that proposed addition because it excludes beginning oil field service companies from engaging in transportation when performing oil field services, and because such an explanation is not included in the statutory language. The new section is adopted under the Texas Motor Carrier Act, Texas Civil Statutes, Article 911b, sec.1a(4)(a), which exempts from regulation certain transportation provided by oil field service companies. sec.5.44. Incidental transportation by Oil Field Services Companies. (a) A transporter of oil field equipment is not a motor carrier when the oil field equipment is: (1) owned by an owner, lessee, or operator of the oil or gas field location; or owned by a provider of oil field services that has an established place of business for performing such services; (2) transported between one or more oil or gas field locations and one or more other places of business; and (3) transported either: (A) to one or more oil or gas field locations for use by the person transporting the equipment to perform oil field services to begin within 24 hours of delivery of the equipment; or (B) from oil or gas field location or locations to one or more places of business for return to inventory or for reconditioning, disposal, or storage for reconditioning or disposal. (b) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Oil field services-The actual construction, operation, repair, maintenance, or dismantling of an oil or gas field location; excluding the discovery and drilling of oil and gas wells; pipe refurbishing, inspection, and stringing; transportation of oil field rental tools; and services connected with the refining of oil. (2) Oil or gas field location-The facilities or land used for the production, processing, or pipeline movement of natural gas or petroleum, excluding an oil or gas well being drilled. (3) Owned-Title to the oil field equipment being transported at the time of transportation. (4) Owns-Any ownership interest in the oil or gas field location whether in fee or not, including the rights granted by license, easement, right-of-way, or similar right. (5) Place of business-A warehouse, service yard, shop, or other business site operated by the owner, lessee, or operator (in whole or in part) of an oil or gas field location, or by the provider of oil field services. (6) Transportation-Transportation merely incidental to an established business of performing oil field services. (c) Notwithstanding any other provision of this section: (1) the total weight of the oil field equipment being transported at one time in connection with oil field service shall not exceed 1,500 pounds; (2) the transportation of pipe and tubing shall be limited to five or less joints of pipe or tubing with four-inch diameter or less; and (3) shall not include transportation of oil field casing or drill pipe. (d) A provider of oil field services may transport spare parts commonly needed for anticipated maintenance or repairs between points defined in subsection (a)(2) of this section, regardless of whether the spare parts are used at the oil or gas field location within 24 hours of arrival at the location. 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 May 18, 1992. TRD-9206923 Proposal publication date: March 24, 1992 For further information, please call: (512) 463-7096 Subchapter U. General and Special Rules of Practice and Procedure The Railroad Commission of Texas adopts amendments to sec. sec.5.402, 5.404, and 5.456, concerning object of rules, filing of documents, and effective date, and the repeal of sec. sec. 5.403, 5.405, 5.406, 5.408-5.410, 5.413-5.422, 5. 425-5. 430, and 5.432-5.455, concerning general and special rules of practice and procedure, without changes to the proposed text as published in the March 31, 1992, issue of the Texas Register (17 TexReg 2322). The amendments and repeals will operate to apply the general rules of practice and procedure for the commission, as set out in Chapter 1 of this title (relating to Practice and Procedure), to applications before the Transportation Division of the Railroad Commission of Texas. The rules that are not repealed will continue to apply to proceedings before the Transportation Division, and cover circumstances unique to those proceedings. No comments were received regarding adoption of the amendments and repeals. 16 TAC sec.sec.5.402, 5.404, 5.456 The amendments are adopted under the Texas Motor Carrier Act, Texas Civil Statutes, Article 911b, which authorizes the Railroad Commission of Texas to regulate motor carriers in all matters, and the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, which authorizes the commission to adopt procedural rules. 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 May 18, 1992. TRD-9206925 Proposal publication date: March 31, 1992 For further information, please call: (512) 463-7095 16 TAC sec.sec.5.403, 5.405, 5.406, 5.408-5.410, 5. 413-5.422, 5.425-5.430, 5. 432-5.455 The repeals are adopted under the Texas Motor Carrier Act, Texas Civil Statutes, Article 911b, which authorizes the Railroad Commission of Texas to regulate motor carriers in all matters, and the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, which requires agencies to adopt rules of practice. 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 May 18, 1992. TRD-9206924 Lena Guerrero Chairman Railroad Commission of Texas Proposal publication date: March 31, 1992 For further information, please call: (512) 463-7095 TITLE 22. EXAMINING BOARDS Part V. State Board of Dental Examiners Chapter 105. State Dental Peer Review-Grievance Committee Area Committee and State Appeals Committee The Texas State Board of Dental Examiners adopts the repeals of sec.sec.105. 1-105.27, concerning area committee and state appeals committee, without changes to the proposed text as published in the March 20, 1992, issue of the Texas Register (17 TexReg 2085). The board adopts the repeal of this rule as it is in conflict with the Dental Practice Act, Article 4551i. The repeal of the sections removes language that was in conflict with the Dental Practice Act, Article 4551i. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Articles 4551i, which provides the Texas State Board of Dental Examiners with the authority to adopt and enforce such rules and regulations not inconsistent with the laws of the state as may be necessary for the performance of its duties and/or to ensure compliance with the state laws relating to the practice of dentistry to protect the public health and safety. 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 May 19, 1992. TRD-9207075 Texas State Board of Dental Examiners Effective date: June 12, 1992 Proposal publication date: March 20, 1992 For further information, please call: (512) 477-2985 Immunity for Peer Review, Judicial or Grievance Committee 22 TAC sec.105.41 The Texas State Board of Dental Examiners adopts the repeal of sec.105.41, concerning peer review grievance committee areas, without changes to the proposed text as published in the March 20, 1992, issue of the Texas Register (17 TexReg 2085). The board adopts the repeal of this rule as it is in conflict with the Dental Practice Act, Article 4551i. The repeal removes language which conflicts with the Dental Practice Act, Article 4551i. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Articles 4551i, which provide the Texas State Board of Dental Examiners with the authority to adopt and enforce such rules and regulations not inconsistent with the laws of the state as may be necessary for the performance of its duties and/or to ensure compliance with the state laws relating to the practice of dentistry to protect the public health and safety. 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 May 19, 1992. TRD-9207074 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Proposal publication date: March 20, 1992 For further information, please call: (512) 477-2985 Board The Texas State Board of Dental Examiners adopts the repeal of sec.107.1, concerning officers, without changes to the proposed text as published in the March 20, 1992, issue of the Texas Register (17 TexReg 2086). The board adopts the repeal of this rule to simplify board procedures, eliminate unnecessary positions, and provide the board with greater flexibility in conducting its business. The repeal simplifies board procedures and eliminates unnecessary positions. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Articles 4543 et seq which provide the Texas State Board of Dental Examiners with the authority to adopt and enforce such rules and regulations not inconsistent with the laws of the state as may be necessary for the performance of its duties and/or to ensure compliance with the state laws relating to the practice of dentistry to protect the public health and safety. 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 May 19, 1992. TRD-9207073 Executive Director Texas State Board of Dental Examiners Effective date: June 12, 1992 Proposal publication date: March 20, 1992 For further information, please call: (512) 477-2985 The Texas State Board of Dental Examiners adopts the repeal of sec.107. 2, concerning meetings, without changes to the proposed text as published in the March 20, 1992, issue of the Texas Register (17 TexReg 2086). The board adopts the repeal of this rule to simplify board procedures, eliminate unnecessary positions, and provide the board with greater flexibility in conducting its business. The repeal simplifies board procedures and eliminates unnecessary positions. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Articles 4543 et seq which provide the Texas State Board of Dental Examiners with the authority to adopt and enforce such rules and regulations not inconsistent with the laws of the state as may be necessary for the performance of its duties and/or to ensure compliance with the state laws relating to the practice of dentistry to protect the public health and safety. 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 May 19, 1992. TRD-9207072 Texas State Board of Dental Examiners Effective date: June 12, 1992 Proposal publication date: March 20, 1992 For further information, please call: (512) 477-2985 The Texas State Board of Dental Examiners adopts an amendment to sec.107.3, concerning hearings, without changes to the proposed text as published in the March 20, 1992, issue of the Texas Register (17 TexReg 2086). The board adopts the amendment of this rule to achieve consistency and uniformity with the Administrative Procedure and Texas Register Act. Also to achieve uniformity in standard civil practices. The section outlines the procedures for hearings. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Articles 4543 et seq which provides the Texas State Board of Dental Examiners with the authority to adopt and enforce such rules and regulations not inconsistent with the laws of the state as may be necessary for the performance of its duties and/or to ensure compliance with the state laws relating to the practice of dentistry to protect the public health and safety. 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 May 19, 1992. TRD-9207071 Texas State Board of Dental Examiners Effective date: June 12, 1992 Proposal publication date: March 20, 1992 For further information, please call: (512) 477-2985 Procedures Governing Grievances, Hearings, and Appeals The Texas State Board of Dental Examiners adopts an amendment to sec. 107. 55, concerning motions for rehearing, without changes to the proposed text as published in the March 20, 1992, issue of the Texas Register (17 TexReg 2087). The board adopts the amendment of this rule to achieve consistency and uniformity with the Administrative Procedure and Texas Register Act. Also, to achieve uniformity in standard civil practices. The amendment outlines the requirements for filing a motion(s) for rehearing and also outlines the procedures for replies to a motion(s) for rehearing. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Articles 4543 et seq which provides the Texas State Board of Dental Examiners with the authority to adopt and enforce such rules and regulations not inconsistent with the laws of the state as may be necessary for the performance of its duties and/or to ensure compliance with the state laws relating to the practice of dentistry to protect the public health and safety. 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 May 19, 1992. TRD-9207070 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Proposal publication date: March 20, 1992 For further information, please call: (512) 477-2985 The Texas State Board of Dental Examiners adopts an amendment to sec.109. 144, concerning records and their transfer, without changes to the proposed text as published in the March 20, 1992, issue of the Texas Register (17 TexReg 2087). The board adopts the amendment of this rule to clarify by making it explicit that the rule does not require any written transfers or agreement pertaining to dental records in situations where a dentist is working for another dentist or entity. The amendment clarifies the rule by making it explicit that the rule does not require any written transfers or agreement pertaining to dental records in situations where a dentist is working for another dentist or entity. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Articles 4549-2, which provides the Texas State Board of Dental Examiners with the authority to adopt and enforce such rules and regulations not inconsistent with the laws of the state as may be necessary for the performance of its duties and/or to ensure compliance with the state laws relating to the practice of dentistry to protect the public health and safety. 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 May 19, 1992. TRD-9207067 Executive Director Texas State Board of Dental Examiners Effective date: June 12, 1992 Proposal publication date: March 20, 1992 For further information, please call: (512) 477-2985 Infection Control The Texas State Board of Dental Examiners adopts an amendment to sec.109. 222, concerning required sterilization and disinfection, without changes to the proposed text as published in the March 20, 1992, issue of the Texas Register (17 TexReg 2087). The board adopts the amendment of this rule to protect laboratory technicians from potentially infectious materials. The amendment clarifies those items being sent to a dental laboratory for repair to be considered biohazardous and states that such items must be rendered nonbiohazardous according to established DSHA guidelines. Rule 109. 222 protects laboratory technicians from potentially infectious materials. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Articles 4551d, which provide the Texas State Board of Dental Examiners with the authority to adopt and enforce such rules and regulations not inconsistent with the laws of the state as may be necessary for the performance of its duties and/or to ensure compliance with the state laws relating to the practice of dentistry to protect the public health and safety. 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 May 19, 1992. TRD-9207068 Texas State Board of Dental Examiners Effective date: June 12, 1992 Proposal publication date: March 20, 1992 For further information, please call: (512) 477-2985 Part I. Texas Department of Health The Texas Department of Health (department) adopts amendments to sec.1.4 and sec.1.9 concerning procedures and policies, without changes to the proposed text as published in the February 4, 1992 issue of the Texas Register (17 TexReg 926). The sections cover committees and actions requiring Board of Health approval. The amendment to sec.1.4 modifies of advisory committees by providing that board members may nominate candidates to the advisory committees as vacancies occur, notwithstanding any other board rule and consistent with existing law. Such nominations will be in addition to nominations from other designated sources. The amendment to sec.1.9 modifies the provision concerning board approval of expenditures over $50,000 for purchases of major items of equipment. The section now states that the board shall approve an annual operating budget and capital asset replacement plan to guide the expenditure of funds by the department for a fiscal year. No comments were received regarding adoption of the amendments. The amendments are adopted under the Health and Safety Code, sec.11.013, which provides the board with the authority to adopt policies and rules to govern the department; sec.11.016, which provides the board with authority to appoint advisory committees to assist the board; and sec.12.001 which provides the board with authority to adopt rules for its own procedure and for the performance of each duty imposed by law on the 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 May 20, 1992. TRD-9206946 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposal publication date: February 4, 1992 For further information, please call: (512) 458-7236 The Texas Department of Health (department) adopts the repeal of sec.97.16, without changes to the proposed text as published in the March 13, 1992, issue of the Texas Register (17 TexReg 1883). The text of the section has been modified, restructured, and moved to Chapter 98 in Title 25 which is a more appropriate location; it has become new sec.sec.98.101-98.112. No comments were received regarding adoption of the repeal. The repeal is adopted 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; and 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. The repeal will affect Chapter 85 of the Health and Safety Code. 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 May 20, 1992. TRD-9206949 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposal publication date: March 13, 1992 For further information, please call: (512) 458-7357 Subchapter C. Texas HIV Medication Program General Provisions The Texas Department of Health (department) adopts new sec.sec.98.101-98. 112 concerning general provisions, without changes to the proposed text as published in the March 13, 1992, issue of the Texas Register (17 TexReg 1884). The new sections concern the Texas HIV Medication Program and replace existing sec.97. 16 in Title 25 of the Texas Administrative Code which has been repealed 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 of Health 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. No comments were received regarding adoption of the new sections. The new sections are adopted under the Health and Safety Code, sec.85.063, which provides the Texas Board of Health with the authority to adopt rules concerning a Texas HIV Medication Program; and 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. 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 May 20, 1992. TRD-9206950 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposal publication date: March 13, 1992 For further information, please call: (512) 458-7357 25 TAC sec.98. 121 The Texas Department of Health (department) adopts new sec.98.121 concerning Texas HIV Medication advisory committee, without changes to the proposed text as published in the March 3, 1992, issue of the Texas Register (17 TexReg 1589). The new section implements the provisions of the Health and Safety Code, sec. 85.066, which provides for the establishment of an advisory committee to assist the Board of Health and the department in the development of procedures and guidelines for the Texas HIV Medication Program. The committee also will make recommendations for eligibility for participation, medication coverage, priority of treatment and application process in the HIV Medication Program. The new section specifically covers its purpose, committee responsibilities and recommendations, membership, term of officers, officers, subcommittees, meetings, and public participation. No comments were received regarding adoption of the new section. The new section is adopted under the Health and Safety Code, sec.85.066, which provides the Texas Board of Health with the authority to establish an HIV Medication Program Advisory Committee; and 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. 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 May 20, 1992. TRD-9206951 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposal publication date: March 3, 1992 For further information, please call: (512) 458-7500 Chapter 123. Respiratory Care Practitioner Certification 25 TAC sec.sec.123.2-123.7, 123.9-123.11, 123.13-123.14 The Texas Department of Health (department) adopts amendments to sec.sec.123. 2-123.7, sec.sec.123.9-123.11, and sec.sec. 123.13-123.14, concerning respiratory care practitioner certification, without changes to the proposed text as published in the November 22, 1991 issue of the Texas Register (16 TexReg 6735). The amendments will clarify existing sections and implement the provisions of Chapter 292, Acts of the 72nd Legislature, Regular Session, 1991 (House Bill 541) which amended Texas Civil Statutes, Article 4512l, relating to the certification and regulation of respiratory care practitioners. The amendments will: modify the definition of "respiratory care education" to include education programs seeking accreditation through an American Medical Association approved program (Joint Review Committee for Respiratory Therapy Education); require the advisory board to meet at least once per year rather than once per calendar quarter; remove the 60 and 120 day reinstatement periods; establish one reinstatement fee rather than two; allow the department to issue temporary permits to graduates of education programs as well as to students who are about to graduate; allow students to continue working after they have completed the clinical portion of the education program; establish procedures to follow for practitioners who do not obtain continuing education; modify the provision concerning disapproval of an application by a person who holds a license, certification, or registration in another state; add a provision on denying the renewal of a certificate or permit if the renewal involves a student loan default; expand the provisions concerning reinstatement of a certificate; establish procedures for practitioners who do not renew due to active military duty; and make additional editorial changes throughout the sections to remove unnecessary language and to clarify existing language. Comment: Concerning sec.123.2, one commenter requested that the definition of respiratory care education program be more specific with regard to "appropriate education agency," and that the department define appropriate agency as the Texas Higher Education Coordinating Board and the Texas Education Agency. Response: "Appropriate education agency" includes the Texas Education Agency and the Texas Higher Education Coordinating Board, and if the respiratory care education program is out-of-state, the term will include the appropriate education agency in that state. Since it is not possible to list all agencies, the department has determined that the language is appropriate and has made no change. Comment: Concerning sec.123.9(d)(3) , one commenter requested that "on or" be deleted from the language "on or prior to the expiration of the certificate" because it implies that a respiratory care practitioner could wait until the last part of the renewal month to submit the completed renewal forms and fees to the department. Response: The Texas Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, sec.18(b), provides that when a certificate or permit holder has made timely and sufficient application for the renewal, the existing certificate or permit does not expire until the certificate or permit has been finally issued, and if the renewal application is denied, until the last day for seeking review of the department's order denying the application. Therefore, a respiratory care practitioner can continue to practice since the expired certificate or permit will continue to be effective, even after the expiration date, if timely and sufficient application for renewal is made. The department has determined that no change to the rules is necessary. Two individuals provided comments regarding the proposed amendments; they were neither for or against the amendments but offered suggestions and comments. The amendments are adopted under Texas Civil Statutes, Article 4512l, sec.3, which provide the Texas Board of Health the authority to adopt rules concerning respiratory care practitioners; and the Health and Safety Code, 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. 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 May 20, 1992. TRD-9206947 Deputy Commissioner Texas Department of Health Effective date: June 10, 1992 Proposal publication date: November 22, 1991 For further information, please call: (512) 834-6632 Part I. Comptroller of Public Accounts Chapter 5. Funds Management (Fiscal Affairs) Claims Processing-Electronic Funds Transfers The Comptroller of Public Accounts adopts new sec.sec.5.11-5.15, concerning claims processing-electronic funds transfers. Section 5.12 is adopted with changes to the proposed text as published in the April 17, 1992, issue of the Texas Register (17 TexReg 2731). Sections 5.11 and 5.13-5.15 are adopted without changes and will not be republished. The new sections define terms and prescribe procedures for making certain payments to vendors, state employees, annuitants, and governmental entities via the comptroller's electronic funds transfer system. Section 5.12(d)(2)(A) was changed by substituting "vendor" for "state employee." The change was necessary to correct a typographical error. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Government Code, sec.403.016, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the electronic funds transfer system. sec.5.12. Paying Vendors Through Electronic Funds Transfers. (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Authorization form-The form designed by the comptroller that is used in accordance with this section. (2) Custodial state agency-The participating state agency to which a vendor or a participating vendor submitted a properly completed authorization form to designate an EFT account. (3) EFT account-An account that has been designated in accordance with this section to receive credit entries from participating state agencies. (4) Participating state agency-A state agency for which the comptroller and the state treasurer have agreed to initiate credit entries in payment of the agency's obligations to certain vendors. The term includes the comptroller. (5) Participating vendor-A vendor that receives credit entries initiated by the comptroller. (6) Paying state agency-With respect to a particular credit or debit entry, the state agency that requested the comptroller to initiate the entry. (7) State agency-A governmental entity that submits payment vouchers to the comptroller to request payments by the comptroller on behalf of the entity to the persons or entities named on the vouchers. (8) Vendor-An individual or entity other than a state employee, an annuitant, or a governmental entity as defined by sec.sec.5.13-5.15 of this undesignated head (relating to Claims Processing-Electronic Funds Transfers). (1) Obtaining authorization forms. Except as provided in subsection (c)(3) and (5) of this section, a vendor or a participating vendor may obtain an authorization form from any participating state agency. (2) Becoming a participating vendor. A vendor may become a participating vendor only by properly designating an EFT account in accordance with subsection (c)(1) of this section. (3) Agreements with participating state agencies. A participating vendor and a participating state agency may agree on which payments from the agency will be made through the electronic funds transfer system. Unless the comptroller is a party to the agreement: (A) the comptroller is not required to take any actions to facilitate or ensure the agency's compliance with the agreement; and (B) the comptroller is not liable for any damages that result from the agency's failure to comply with the agreement. (4) A participating vendor's termination of its participation. (A) A participating vendor may terminate its participation only by terminating the designation of each of the vendor's EFT accounts in accordance with subsection (c)(3) of this section. (B) The comptroller may not initiate a credit entry to a participating vendor on or after the effective date of the termination of the designation of the vendor's last EFT account. (5) A custodial state agency's termination of a participating vendor's participation. (A) A custodial state agency may terminate a participating vendor's participation only if the agency is the only custodial state agency for the vendor. (B) If a custodial state agency is the only custodial state agency for a participating vendor, then the agency may terminate the vendor's participation by terminating the designation of each of the vendor's EFT accounts in accordance with subsection (c)(4) of this section. (C) The comptroller may not initiate a credit entry to a vendor on or after the effective date of the termination of the designation of the vendor's last EFT account. (D) A participating vendor's participation may be terminated under this paragraph without prior notice to the vendor. (A) A participating vendor must contact the paying state agency before contacting the comptroller when the vendor has a question about a particular credit entry or debit entry. (B) If a participating vendor receives an unidentified credit entry or debit entry, the vendor must first contact its financial institution to obtain necessary information about the entry. If the institution is unable to provide the information, then the vendor may ask the comptroller for the information. (C) A participating vendor may contact any participating state agency if the vendor has a question about this section. (7) Rules. A participating vendor shall comply with the rules as amended from time to time. (c) EFT accounts. (A) A vendor or a participating vendor may designate an EFT account if: (i) the vendor or the participating vendor properly completes an authorization form and submits the form to a participating state agency; (ii) the account to be designated as an EFT account is a checking or savings account of the vendor or the participating vendor; and (iii) the account to be designated as an EFT account would be at a financial institution that allows credit entries to be made to the account. (B) A custodial state agency shall promptly submit a properly completed authorization form or the information on the form to the comptroller in accordance with the comptroller's requirements. (C) If a vendor or a participating vendor properly designates an EFT account, the effective date of the designation is the fourteenth calendar day after the comptroller processes the information on the authorization form. The comptroller may initiate credit entries to the EFT account on or after the effective date. (A) A participating vendor may not designate more than one EFT account unless the vendor obtains the comptroller's prior written consent for each account beyond the first account. (B) This subparagraph applies only if a participating vendor has already designated an EFT account and received the comptroller's permission to designate an additional account. The vendor may designate the additional account by properly completing an authorization form and submitting the form to either the custodial state agency for the first account or any other participating state agency. (C) A participating state agency may not submit a participating vendor's authorization form to the comptroller if: (i) the form would designate an EFT account for the vendor; (iii) the vendor has not provided to the agency a copy of the comptroller's written consent for the designation of the additional account. (D) A participating state agency may not submit a participating vendor's authorization form to the comptroller if: (i) the form would designate an EFT account for the vendor; and (ii) the vendor has already designated the same account as an EFT account. (E) A participating state agency is not prohibited from being the custodial state agency for more than one EFT account of a participating vendor. (F) A participating vendor that has multiple EFT accounts and a participating state agency may agree that a certain type of payment from the agency will be made only to the EFT account or accounts designated in the agreement. Unless the comptroller is a party to the agreement: (i) the comptroller is not required to take any actions to facilitate or ensure the agency's compliance with the agreement; and (ii) the comptroller is not liable for any damages that result from the agency's failure to comply with the agreement. (3) A participating vendor's termination of the designation of an EFT account. (A) A participating vendor may terminate the vendor's designation of an EFT account only by: (i) obtaining an authorization form from the custodial state agency for the account; (B) A custodial state agency shall promptly submit a properly completed authorization form or the information on the form to the comptroller in accordance with the comptroller's requirements. (C) The comptroller may not initiate a credit entry to an EFT account on or after the date on which the comptroller processes the information on the authorization form that terminates the designation of the account. (4) A custodial state agency's termination of the designation of an EFT account. (A) A participating state agency may terminate the designation of an EFT account if: (i) the agency is the custodial state agency for the account; and (ii) the agency properly completes an authorization form and submits the form or the information on the form to the comptroller in accordance with the comptroller's requirements. (B) The comptroller may not initiate a credit entry to an EFT account on or after the date on which the comptroller processes the information on the authorization form that terminates the designation of the account. (C) The designation of an EFT account may be terminated under this paragraph without prior notice to the vendor or the participating vendor that owns the account. (5) Modifying information about an EFT account. (A) A participating vendor may modify information about an EFT account of the vendor only by: (i) obtaining an authorization form from the custodial state agency for the account; (ii) properly completing the authorization form; and (iii) submitting the authorization form to the custodial state agency. (B) A custodial state agency shall promptly submit a properly completed authorization form or the information on the form to the comptroller in accordance with the comptroller's requirements. (C) New information about an EFT account applies to credit entries that the comptroller initiates on or after the fourteenth calendar day after the comptroller processes the information on the authorization form that provides the new information. (A) The comptroller may initiate credit entries to an EFT account of a participating vendor as payment for obligations that participating state agencies owe to the vendor. (B) The comptroller may initiate a credit entry to an EFT account of a participating vendor even if the vendor requests a particular payment to be made by warrant. This subparagraph does not apply after the designation of the account has been terminated. (C) The comptroller is not obligated to make a payment via the electronic funds transfer system even if a participating vendor or a participating state agency requests it. (A) The comptroller may initiate a debit entry to an EFT account of a participating vendor if the appropriate paying state agency determines that an erroneous credit entry has been made to the account. (B) The comptroller may initiate a debit entry to an account of a vendor if: (i) the appropriate paying state agency determines that an erroneous credit entry has been made to the account; (ii) the erroneous credit entry was made to the account when it was an EFT account; and (iii) the erroneous credit entry was made when the vendor was a participating vendor. (C) The comptroller may initiate a debit entry without prior notice to a participating vendor or a vendor. (3) Compliance with the rules. The comptroller must comply with the rules when initiating credit entries and debit entries. (4) Contacts. The comptroller may contact a participating state agency or a participating vendor if the comptroller has a question about a credit entry or debit entry. (5) Termination of a participating vendor's participation. The comptroller may terminate the participation of a participating vendor for any reason, at any time, and without prior notice to the vendor. (6) Termination of the designation of an EFT account. The comptroller may terminate the designation of an EFT account for any reason, at any time, and without prior notice to the participating vendor that owns the account. (7) Stop payments. The comptroller's authority to stop the payment of a credit entry is equivalent to the comptroller's authority to stop the payment of a warrant. (1) Voluntary acceptance of credit entries. Neither a participating vendor nor a participating vendor's financial institution is required to accept a credit entry. However, a rejected credit entry must be returned in accordance with the rules. (2) Liability resulting from the rejection of credit entries. (A) The comptroller, the state treasurer, and a paying state agency are not liable for the damages resulting from the rejection of a credit entry by a participating vendor or its financial institution. (B) When a credit entry is rejected, the State of Texas and its participating state agencies: (i) are not in default on any obligation; and (ii) shall not suffer any loss of discount or incur any penalty, interest, or late charge by reason of the rejection. (3) Texas Prompt Payment Act. Paragraph (2)(B)(ii) of this subsection applies to the interest that would otherwise be payable under the Texas Prompt Payment Act. (4) Rejection of credit entries. Even if a participating vendor or its financial institution does not reject a credit entry in accordance with the rules, the vendor does not accept a credit entry as being in the correct amount if: (A) the participating vendor ensures that the paying state agency receives written notice by no later than the thirtieth calendar day after the participating vendor's financial institution receives the credit entry; and (B) the written notice clearly states that the amount of the credit entry is erroneous. (1) Applicability. This subsection applies unless a participating vendor returns a credit entry in accordance with subsection (e) of this section. (2) When credit required. A participating vendor shall credit the paying state agency for the amount of a credit entry on the effective date of the credit entry, regardless of when the vendor's financial institution posts the credit entry to the vendor's EFT account. (3) Accrual of interest and other charges or fees. The accrual of interest or other charges or fees payable with respect to the amount of a credit entry shall cease when a participating vendor credits the paying state agency for the credit entry. (1) Definition. For a particular credit entry, the term "credit entry information" means: (A) the participating vendor's invoice number up to seven digits (if and as supplied to the comptroller by the paying state agency); (B) the paying state agency's voucher number (if supplied to the comptroller by the agency); (C) the agency number of the paying state agency; and (2) Responsibility of the comptroller. The comptroller shall accompany each credit entry with credit entry information. (3) Liability for refusal to provide credit entry information. The comptroller, the state treasurer, and a paying state agency are not liable for the failure, inability, or refusal of a participating vendor's financial institution to give credit entry information to the vendor. (h) Liability. (1) Liability for actions of certain parties. A participating vendor, the State of Texas, a participating state agency, a paying state agency, the comptroller, the state treasurer, and a custodial state agency are not liable for the act or omission of any automated clearing house, financial institution, or other person or entity except as specified in the rules. (2) Liability for actions of participating state agencies or paying state agencies. Neither the comptroller nor the state treasurer is liable for damages arising out of delays caused or errors committed by a participating state agency, a paying state agency, or a custodial state agency. (i) Miscellaneous provisions. (1) Effective date. Except as otherwise provided in this subsection, this section takes effect on the earliest date it may take effect under the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a. (2) Termination of contracts. The contracts entitled "Agreement for the Direct Deposit of Payments from the State of Texas: Pilot Program" between the comptroller, the Texas State Treasury Department, and certain vendors that were executed before the effective date of this section are terminated on June 1, 1992, or on the effective date of this section, whichever is later. (3) Applicability of section. This section applies to all vendors whose payments from participating state agencies are made through the electronic funds transfer system, including vendors whose payments were first made through the electronic funds transfer system before the effective date of this section. (4) Existing accounts. (A) This subparagraph applies to each account of a vendor that received a payment to the vendor through the electronic funds transfer system before the effective date of this section. Each account is an EFT account for the purpose of this section unless: (i) the vendor properly notified the custodial state agency of the account before the effective date of this section that the account would no longer be available to receive electronic funds transfers; and (ii) the notification is still in effect on the effective date of this section. (B) A vendor that has one or more EFT accounts under subparagraph (A) of this paragraph on the effective date of this section is a participating vendor for the purpose of this section. (C) A custodial state agency for more than one EFT account of a participating vendor on the effective date of this section may terminate the designation of one or more of those accounts only if subsection (c)(4) of this section authorizes the termination. The requirement in subsection (c)(2) of this section to obtain the consent of the comptroller before designating a second or subsequent EFT account does not apply to the accounts that are EFT accounts under subparagraph (A) of this paragraph on the effective date of this section. (D) An account that is an EFT account under subparagraph (A) of this paragraph on the effective date of this section loses its status as an EFT account at 11:59 p.m. on May 31, 1992, or on the effective date of this section, whichever is later. (i) The vendor that owns the account may prevent this loss of status if the vendor redesignates the account as an EFT account by properly completing and submitting an authorization form in accordance with this section and the redesignation takes effect before the account loses its status. (ii) If an account has lost its status as an EFT account under this subparagraph, then the vendor that owns the account may reinstate the account as an EFT account if the vendor redesignates the account by properly completing and submitting an authorization form in accordance with this section. 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 May 20, 1992. TRD-9206931 Comptroller of Public Accounts Effective date: June 10, 1992 Proposal publication date: April 17, 1992 For further information, please call: (512) 463-4028 Part I. Texas Department of Human Resources Chapter 29. Purchased Health Services Subchapter A. Medicaid Procedures for Providers 278> 40 TAC sec.29.3 The new section is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. 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 May 21, 1992. TRD-9207018 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Proposal publication date: April 17, 1992 For further information, please call: (512) 450-3765 Subchapter E. Medicaid Chiropractic Program The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. 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 May 21, 1992. TRD-9207019 Agency liaison, Policy and Document Support Texas Department of Human Services Proposal publication date: April 17, 1992 For further information, please call: (512) 450-3765 Subchapter P. Hearing Aid Services The repeal is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. 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 May 21, 1992. TRD-9207020 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposal publication date: April 17, 1992 For further information, please call: (512) 450-3765 Chapter 33. Early and Periodic Screening, Diagnosis, and Treatment Subchapter J. Medical Phase The Texas Department of Human Services (DHS) adopts new sec. 33.135 and an amendment to sec.33.317, without changes to the proposed text as published in the April 17, 1992, issue of the Texas Register (17 TexReg 2751). The justification for the new and amended sections is to clarify the time limits within which claims must be received by the health insuring agent to be considered for payment. Also in this issue of the Texas Register, DHS is adopting related rules in Chapter 29, Purchased Health Services. The new and amended sections will function by ensuring a better understanding of the claims filing deadlines which are applied to Medicaid claims. No comments were received regarding adoption of the new and amended sections. The new section is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. 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 May 21, 1992. TRD-9207021 Agency liaison, Policy and Document Support Texas Department of Human Services Proposal publication date: April 17, 1992 For further information, please call: (512) 450-3765 Subchapter R. Dental Services The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. 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 May 21, 1992. TRD-9207022 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposal publication date: April 17, 1992 For further information, please call: (512) 450-3765 Part X. Texas Employment Commission The Texas Employment Commission adopts an amendment to sec.301.16, concerning unemployment insurance, without changes to the proposed text as published in the April 7, 1992, issue of the Texas Register (17 TexReg 2461). The amendment will eliminate the necessity of taking testimony from parties and witnesses in the absence of participation by the appellant. Statistics show that of such testimony taken in the absence of the appellant, only 3.0% was used in reaching a decision. The amendment will eliminate the necessity of taking testimony in those cases where such testimony would be non-productive while preserving the authority of the Appeal Tribunal to do so in appropriate cases. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 5221b, which provide the Texas Employment Commission with the authority to adopt, amend, or rescind rules as it deems necessary for the effective administration of this Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 21, 1992. TRD-9207025 Texas Employment Commission Proposal publication date: April 7, 1992 For further information, please call: (512) 463-2291