Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 1. ADMINISTRATION Part VII. State Office of Administrative Hearings Chapter 155. Rules of Procedure 1 TAC sec.sec.155.1, 155.3, 155.5, 155.7, 155.9, 155.11, 155.13, 155.15, 155.17, 155.19, 155.21, 155.23, 155.25, 155.27, 155.29, 155.31, 155.33, 155.35, 155.37, 155.39, 155.41, 155.43, 155.45, 155.47, 155.49, 155.51, 155. 53, The State of Office of the Administrative Hearings is renewing the effectiveness of the emergency adoption of the new sec. s155.1, 155.3, 155.5, 155.7, 155.9, 155.11, 155.13, 155.15, 155.17, 155.19, 155.21, 155.23, 155.25, 155.27, 155.29, 155.31, 155.33, 155.35, 155.37, 155.39, 155.41, 155.43, 155.45, 155.47, 155.49, 155.51, and 155.53, for a 60-day period effective August 4, 1992. The text of the new sec.sec.155.1, 155.3, 155.5, 155.7, 155.9, 155.11, 155. 13, 155.15, 155.17, 155.19, 155.21, 155.23, 155.25 155.27, 155.29, 155.31, 155. 33, 155.35, 155.37, 155.39, 155.41, 155.43, 155.45, 155.47, 155.49, 155.51, and 155.53, was originally published in the April 10, 1992, issue of the Texas Register (17 TexReg 2531). Issued in Austin, Texas, on July 16, 1992. TRD-9209768 Steven L. Martin Chief Administrative Law Judge State of Office of the Administrative Hearings Effective date: August 4, 1992 Expiration date: October 3, 1992 For further information, please call: (512) 475-4993 Chapter 157. Temporary Administrative Law Judges 1 TAC sec.157.1 The State of Office of the Administrative Hearings is renewing the effectiveness of the emergency adoption of the new sec.157.1, for a 60-day period effective August 4, 1992. The text of the new sec.157.1 was originally published in the April 10, 1992, issue of the Texas Register (17 TexReg 2534). Issued in Austin, Texas, on July 16, 1992. TRD-9209767 Steven L. Martin Chief Administrative Law Judge State of Office of the Administrative Hearings Effective date: August 4, 1992 Expiration date: October 3, 1992 For further information, please call: (512) 475-4993 TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 75. Curriculum Subchapter E. Well-Balanced Curriculum 19 TAC sec.75.142 The Texas Education Agency (TEA) adopts on an emergency basis an amendment to sec.75.142, concerning a well-balanced secondary curriculum. The amendment was proposed in the June 23, 1992, issue of the Texas Register (17 TexReg 4512). Emergency adoption of the amendment is necessary so the schedule for phaseout of below-level high school courses will be in place before the beginning of the 1992-1993 school year. The amendment is adopted on an emergency basis under the Texas Education Code, sec.21.101, which authorizes the State Board of Education to promulgate rules prescribing the subjects and essential elements that comprise a well-balanced curriculum. sec.75.142. Description of a Well-Balanced Secondary Curriculum. (a)-(b) (No change.) (c) Secondary Grades 9-12. (1) Each school district shall offer the courses listed in this subsection and shall maintain evidence that students have the opportunity to take these courses every year or at least every other year: (A) English language arts-English I, II, III, IV[, correlated Language Arts, I, II, III, IV]. (B) mathematics-[Fundamentals of mathematics, consumer mathematics, prealgebra, Algebra I,] Algebra I,
    Algebra II, geometry, and precalculus; (trigonometry and either elementary analysis or analytic geometry may be offered in lieu of precalculus.) (C) science-Biology I, Chemistry I, Physics I, physical science[, introductory biology]. Science courses shall be laboratory oriented; (D)-(L) (No change.) (2) School districts shall not offer Correlated Language Arts I, fundamentals of mathematics, consumer mathematics, and introductory physical science courses for state graduation credit after the 1991-1992 school year. Students who have satisfactorily passed Correlated Language Arts I, fundamentals of mathematics, consumer mathematics, and introductory physical science before the 1992-1993 school year may use the credits earned to meet state graduation requirements. (3) School districts shall not offer Correlated Language Arts II-IV and applied biology courses for state graduation credit after the 1992-1993 school year. Students who have satisfactorily passed Correlated Language Arts II-IV and applied biology before the 1993-1994 school year may use the credits earned to meet state graduation requirements. (4) School districts shall not offer the prealgebra course for state graduation credit after the 1995-1996 school year. Students who have satisfactorily passed prealgebra before the 1996-1997 school year may use the credit earned to meet state graduation requirements. (5)
      [(2)] School districts shall provide each student the opportunity to participate in all courses listed in paragraph (1) of this subsection. Students shall be given the opportunity each year to select courses in which they intend to participate from a list that includes all courses in paragraph (1) of this subsection. For those courses where 10 or more students indicate that they will participate or the course is required for a student to graduate, the district shall teach the course. For those courses where fewer than 10 students indicate that they will participate, school districts shall employ options described in sec.75.162 of this title (relating to Options for Offering Courses) to provide the course and shall maintain evidence thereof. If a district is not going to offer the required courses every year, but intends to offer particular courses only every other year, the district must give notice of such fact to all enrolled students. (6)
        [(3)] School districts may request exemptions from the commissioner of education from the requirements to provide other language instruction. The commissioner of education may grant such exemptions to districts which show evidence of unreasonable hardship. (7)
          [(4)] Districts shall teach the essential elements as prescribed in the courses found in Subchapter D of this chapter (relating to Essential Elements-Grades 9-12). School districts shall ensure that sufficient time is provided for teachers to teach and for students to learn the essential elements. (8) For the school year 1992-1993 only, school districts may offer the below-level courses in paragraph (2) of this subsection for state graduation elective credit only if the schedule for phasing out the courses will cause an undue hardship on students due to the lack of readiness by the district. School districts shall not use the credits earned by students in below-level courses to satisfy the required credits in English language arts, mathematics, and science as specified in sec.75.151 of this title (relating to High School Graduation Requirements). School districts exercising this option will notify the commissioner of education of their intent to do so and the number of students enrolled by course. Issued in Austin, Texas, on July 15, 1992. TRD-9209821 Criss Cloudt Coordinator, Policy Planning and Evaluation Texas Education Agency Effective date: July 16, 1992 Expiration date: November 13, 1992 For further information, please call: (512) 463-9701 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part I. General Land Office Chapter 15. Planning Division Certification of Coastal Wetlands 31 TAC sec.15.60 The General Land Office is renewing the effectiveness of the emergency adoption of the new sec.15.60, for a 60-day period effective August 1, 1992. The text of the new sec.15.60 was originally published in the April 10, 1992, issue of the Texas Register (17 TexReg 2537). Issued in Austin, Texas, on July 20, 1992. TRD-9209907 Ruby Simpson Administrative Program Specilist General Land Office Effective date: August 1, 1992 Expiration date: September 30, 1992 For further information, please call: (512) 463-5019 TITLE 34. PUBLIC FINANCE Part II. Texas State Treasury Department Chapter 11. Cigarette and Tobacco Products Tax Subchapter B. Cigarette Tax 34 TAC sec.11.52 The Texas State Treasury Department adopts on an emergency basis new sec.11.52, concerning the importation of 200 or fewer cigarettes into the state by persons 18 years of age or older for personal use and not for sale. This section provides definitions of terms used in the section, defines factual situations to which the section applies, and provides for enforcement by Texas Alcoholic Beverage Commission employees at ports of entry. It is necessary to adopt the new section on an emergency basis to ensure that the new rule is in place for immediate enforcement at ports of entry. The new section is adopted on an emergency basis under the Texas Tax Code, sec.154.024(c) and sec.111.002, which provides the treasurer with the authority to adopt rules that do not conflict with the laws or constitution of this state or the United States for the enforcement and collection of taxes and other revenue under Title 2, Texas Tax Code. sec.11.52. Importation of 200 or Fewer Cigarettes. (a) A person 18 years of age or older who imports and personally transports 200 or fewer cigarettes into this state under the Texas Tax Code, sec.154.024(a), for personal use and not for sale is not required to pay the tax imposed by the Texas Tax Code, sec.154.021. (b) Texas Alcoholic Beverage Commission employees shall collect the tax imposed by the Texas Tax Code, sec.154.021, at ports of entry from each person 18 years of age or older who imports and personally transports more than 200 cigarettes into this state. (c) A person younger than 18 years of age may not import and personally transport cigarettes of any quantity into this state. (d) Texas Alcoholic Beverage Commission employees shall seize at ports of entry all cigarettes in the possession of a person younger than 18 years of age. (e) In this section, the term "personal use" means personal use by the person 18 years of age or older who actually imports and personally transports cigarettes into this state. Issued in Austin, Texas, on July 16, 1992. TRD-9209803 Alicia M. Fechtel General Counsel Texas State Treasury Department Effective date: July 16, 1992 Expiration date: November 13, 1992 For further information, please call: (512) 463-5971