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 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 3. Oil and Gas Division Conservation Rules and Regulations 16 TAC sec.sec.3.5, 3.14, 3.69, 3.100 The Railroad Commission of Texas (commission) adopts amendments to sec.3.5, concerning applications to drill (Statewide Rule 5); sec.3.14, concerning well plugging (Statewide Rule 14); and sec.3.69, concerning definitions of terms commonly used in the industry (Statewide Rule 79). The commission also adopts new sec.3.100 (Statewide Rule 100), concerning plugging procedures for seismic holes and core holes. Section 3.100 is adopted with changes to the proposed text as published in the March 17, 1992, issue of the Texas Register (17 TexReg 1971). The amendments to sec.sec.3.5, 3.14, and 3.69 are adopted without changes and will not be republished. This new section and the amended sections will become effective September 1, 1992. Section 3.100 defines terms used in the section and requires operators to plug all seismic holes and core holes, including those that do not penetrate the base of usable quality water. This section is proposed to prevent pollution of ground water from unplugged seismic holes or core holes. The amendments of sec.sec.3.5, 3.14, and 3.79 prevent conflicts between the requirements of those rules and sec.3.100. In subsection (a)(4), the phrases "or depths" and "or isolated" were inserted to indicate that the Texas Water Commission may recommend that more than one depth requires protection or isolation from other depths. References throughout the section to "the protection depth" were changed to "any protection depth." In subsection (f)(1), the requirement that the seismic hole be plugged before the drilling equipment is moved was changed by substituting the phrase "after the hole is loaded with explosives." There is no need to have the drilling rig present to plug the seismic hole. Subsection (f)(l)(A) and (B) was combined to eliminate the distinction between those holes where water is encountered and those where no water is encountered. Whether water is encountered or not, the seismic holes need to be properly plugged. Instead of requiring a solid bentonite plug from total depth to a depth within six feet of the surface for holes described in subsection (f) (1)(A) of the proposed section, the commission believes that a hole will be adequately plugged if it is filled with drill cuttings, bentonite or a mixture of bentonite and drill cuttings from total depth to within 16 feet of the surface and topped by a 10-foot bentonite plug. Many commenters expressed concern that the Texas Water Commission would not promptly provide the letter listing the protection depth as required by the section. Several commenters suggested that the Texas Water Commission make available a means of identifying protection depths, perhaps on maps, without the need for a written request. However, industry representatives did acknowledge that they had no prior experience with such requests from the Texas Water Commission. Other Railroad Commission permits also require a letter stating the protection depth, and the Texas Water Commission responds promptly to requests for protection depth letters. The commission relies on its experience with past requests and declines any change in the requirement for a protection depth letter. There was general support for the use of bentonite as a plugging material. The commission believes that bentonite provides an adequate seal and, therefore, affords sufficient protection to ground water zones. The section as adopted allows bentonite as a plugging material, but the bentonite must meet the geophysical industry standard for bentonite established by the International Association of Geophysical Contractors. Alternative methods of plugging seismic holes or the use of a bentonite slurry were suggested by some commenters. The commission believes that sec.100(f)(1)(B) permits the use of alternative materials or procedures when the operator has satisfactorily demonstrated that the alternatives will protect usable quality water. Some commenters noted that seismic holes in coastal marshes may be difficult to plug because the holes may collapse and plug themselves. When circumstances require different procedures, sec.100(f)(1) (B) allows the necessary flexibility. One commenter noted that there is no need to have the drilling rig on location to plug the seismic hole as seismic holes are plugged after loading and before setting off the explosive to ensure that the force of the shot is directed downward. The commission agrees and has changed the requirement that seismic holes be plugged before the drilling equipment is moved. A number of commenters were concerned that the costs associated with plugging holes with bentonite from total depth to within six feet of the surface would far exceed the amount estimated in the proposed section. The commission has addressed this concern by changing the section to allow for plugging with drill cuttings, bentonite, or a mixture of drill cuttings and bentonite topped by a 10-foot bentonite plug, which will reduce the costs of plugging while ensuring adequate protection of groundwater. The following commenters stated their support for the use of bentonite and caps with the name of the operator: International Association of Geophysical Contractors and Oryx Energy Company. On the basis of increased compliance costs, the following commenters expressed their dissatisfaction with the section as proposed: International Association of Geophysical Contractors, Shell Western E & P Inc., Redfern Consultant Agency, Inc., West Central Texas Oil & Gas Association, and Maxus Exploration Company. The new section and amendments are adopted under the Texas Natural Resources Code, Title 3, sec.91.101 and sec.141.012, which authorizes the commission to adopt rules to prevent pollution of surface or subsurface water in the state; and sec.89.011, which requires an operator of a well to properly plug the well in accordance with the commission's rules that are in effect at the time of plugging. sec.3.100. Seismic Holes and Core Holes. (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Seismic hole-Any hole drilled for the purpose of securing geophysical information to be used in the exploration or development of oil, gas, geothermal, or other mineral resources. (2) Core hole-Any hole drilled for the purpose of securing geological information to be used in the exploration or development of oil, gas, geothermal, or other mineral resources, except coal or uranium. For regulations governing coal exploratory wells, see sec.11.221 of this title (relating to State Program Regulations) (Statewide Rules 816. 331-816.333), and for regulations governing uranium exploratory wells, see sec.sec.11.136-11.139 of this title (relating to Notice of Exploration Involving Hole Drilling, Permit, Reclamation and Plugging Requirements, and Reporting). (3) Project area-The geographic area in which an exploratory survey involving one or more seismic holes or core holes is carried out. (4) Protection depth-Depth or depths at which usable quality water must be protected or isolated, as determined by the Texas Water Commission. (5) Operator-The person who contracts for the services of a seismic crew or core hole drilling contractor or, if the seismic survey or core hole testing is not performed on a contract basis, but is performed by an exploration and production company or by a geophysical contractor for speculative purposes, the person who drills the seismic holes or core holes. (6) Commission-The Railroad Commission of Texas or its authorized representative. (b) Superconducting super collider. No provision of this section exempts any operator from compliance with sec.3.78 of this title (relating to Drilling Operations in the Vicinity of the Superconducting Super Collider, Ellis County) (Statewide Rule 82). (c) Exemption. Any seismic hole or core hole drilled to a depth of 20 feet or less is not subject to the requirements of this section. (d) Determination of protection depth. Before drilling any seismic hole or core hole in a project area, an operator shall obtain a letter from the Texas Water Commission stating the protection depth or depths in the project area. (e) Drilling permits. (1) Holes that do not penetrate any protection depth. A seismic hole or core hole that does not penetrate any protection depth does not require a drilling permit. (2) Holes that penetrate any protection depth. A seismic hole or core hole that penetrates any protection depth requires a drilling permit to satisfy the requirements for exploratory wells described in sec.3.5(g) of this title (relating to Application to Drill, Deepen, Reenter, or Plug Back) (Statewide Rule 5). (f) Plugging. (1) Holes that do not penetrate any protection depth. A seismic hole or core hole that does not penetrate any protection depth must be plugged in accordance with subparagraph (A) or (B) of this paragraph. Seismic holes must be plugged after the hole is loaded with explosives. Core holes must be plugged immediately after completion of coring the hole. (A) The operator shall adequately plug the hole by filling it from total depth to a depth of no more than 16 feet below the surface with drill cuttings and/or bentonite. Immediately above the drill cuttings and/or bentonite, the operator shall place a bentonite plug no less than 10 feet in length. A plastic cap imprinted with the name of the operator shall be set above the bentonite plug no less than three feet below the surface. The remainder of the hole shall be filled with drill cuttings or native soil. All precautions should be taken to prevent bentonite from bridging over. (B) Alternative plugging procedures and materials may be utilized when the operator has demonstrated to the commissions satisfaction that the alternatives will protect usable quality water. (2) Holes that penetrate any protection depth. A seismic hole or core hole that penetrates any protection depth must be plugged in accordance with the requirements of sec.3.14 of this title (relating to Plugging)(Statewide Rule 14) and a plastic cap imprinted with the name of the operator shall be set in the hole no less than three feet below the surface. (g) Physical requirements for bentonite plugging materials. Bentonite materials used to plug seismic or core holes shall be derived from naturally occurring, untreated, high swelling sodium bentonite that is composed of at least 85 montmorillonite clay and that meets the International Association of Geophysical Contractors (IAGC) recommended geophysical industry standard dated January 24, 1992, for the physical characteristics of bentonite used in seismic shot hole plugging. (h) Reporting. (1) Holes that do not penetrate any protection depth. Within 30 days of plugging the last hole in the project area, the operator shall submit a letter to the commission stating that each seismic hole or core hole in the project area has been plugged in accordance with subsection (f)(1) of this section. The letter must include the plugging date for each hole and the name and address of the operator. A plat of the project area identifying seismic or core hole locations, counties, survey lines, scale, and northerly direction must be attached. A United States Geological Survey map of the project area with hole locations marked will satisfy the plat requirement. In addition, a letter from the Texas Water Commission stating the protection depth or depths must be attached. (2) Holes that penetrate any protection depth. For any seismic or core hole that penetrates any protection depth, a plugging record shall be filed in accordance with sec.3.14 of this title. 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 July 21, 1992. TRD-9210030 Lena Guerrero Chairman Railroad Commission of Texas Effective date: September 1, 1992 Proposal publication date: March 17, 1992 For further information, please call: (512) 463-6857 Chapter 5. Transportation Division Subchapter B. Operating Certificates, Permits, and Licenses 16 TAC sec.5.28 The Railroad Commission of Texas adopts an amendment to sec.5.28, concerning specialized motor carriers of petroleum products, without changes to the proposed text as published in the May 12, 1992, issue of the Texas Register (17 TexReg 3443). The amendment is adopted to further clearly the scope of authority held by carriers of petroleum products, and to avoid delay in processing requests to add to the commission's list. The amendment will add four commodities (generally liquid fertilizers) to the list of petroleum products in subsection (a). The amendment will also delete subsection (c), which directs a carrier to file a rate application to establish whether a commodity is a liquid derivative of a hydrocarbon and a petroleum product. Four comments were received regarding the proposed rule. The comments were all in support of the proposed changes, but all suggested additional changes: other commodities to be added to the list, a general definition in lieu of a list, or a clarification that the list is not exhaustive. Commenting in favor of the proposed amendment was the Texas Tank Truck Carriers Association. The agency disagrees with the comments received that requested additional action. Addition of other commodities would require notice to the public not given in this proceeding. Parties wishing to add to the current list should petition the commission for another rulemaking. Similarly, the replacement of the list with a definition of "petroleum products" would require additional notice to the public. Finally, while it is true that the current list is not (nor does it purport to be) exhaustive, further clarification of that fact does not appear to be necessary. The amendment is adopted under the Texas Motor Carrier Act, Texas Civil Statutes, Article 911b sec.4(a)(1), which authorizes the commission to prescribe all rules and regulations necessary for the governing of public service rendered by motor carriers. 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 July 20, 1992. TRD-9210006 Lena Guerrero Chairman Railroad Commission of Texas Effective date: August 11, 1992 Proposal publication date: May 12, 1992 For further information, please call: (512) 463-7094 Subchapter R. Registration of Interstate Operating Authority 16 TAC sec.sec.5.331-5.355 The Railroad Commission of Texas adopts the repeal of sec. sec.5.331-5.355, without changes to the proposed text as published in the May 29, 1992, issue of the Texas Register (17 TexReg 3883). The commission wants to make its rules regarding registration of interstate operations more efficient. The repeal of sec.sec.5.331-5.355, and the adoption of new sections, will consolidate the rules for all interstate operations, whether or not regulated by the Interstate Commerce Commission, in one subchapter. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Motor Carrier Act, Texas Civil Statutes, Article 911b, which authorizes the commission to regulate motor carriers in all matters. 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 July 20, 1992. TRD-9210009 Lena Guerrero Chairman Railroad Commission of Texas Effective date: August 11, 1992 Proposal publication date: May 29, 1992 For further information, please call: (512) 463-7094 16 TAC sec.sec.5.331-5.349 The Railroad Commission of Texas adopts new sec.sec.5.331-5.349, comprising Subchapter R, without changes to the proposed text as published in the May 29, 1992, issue of the Texas Register (17 TexReg 3884). The new sections pertain to registration of interstate operations. The commission wants to make its rules regarding registration of interstate operations more efficient. The new sections will change a registration fee and will consolidate the rules for all interstate operations, whether or not regulated by the Interstate Commerce Commission, in one subchapter. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Motor Bus Act, Texas Civil Statutes, Article 911a, and the Texas Motor Carrier Act, Texas Civil Statutes, Article 911b, both of which authorize the commission to regulate motor carriers in all matters, 49 United States Code, sec.11506, which authorizes state regulatory agencies to establish registration requirements for interstate motor carriers, and Texas Civil Statutes, Article 6701d sec.139(c), which authorize the commission to require a filing fee for proof of insurance. 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 July 20, 1992. TRD-9210008 Lena Guerrero Chairman Railroad Commission of Texas Effective date: August 11, 1992 Proposal publication date: May 29, 1992 For further information, please call: (512) 463-7094 Subchapter T. Registration of Operations Exempt from ICC Regulation 16 TAC sec.sec.5.371-5.393 The Railroad Commission of Texas adopts the repeal of sec. sec.5.371-5.393, comprising Subchapter T, without changes to the proposed text as published in the May 29, 1992, issue of the Texas Register (17 TexReg 3886). The commission wants to make its rules regarding registration of interstate operations more efficient. The repeal of sec.sec.5.371-5.393, and the adoption of new sections, will consolidate the rules for all interstate operations, whether or not regulated by the Interstate Commerce Commission, in one subchapter. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Motor Carrier Act, Texas Civil Statutes, Article 911b, which authorizes the commission to regulate motor carriers in all matters. 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 July 21, 1992. TRD-9210011 Lena Guerrero Chairman Railroad Commission of Texas Effective date: August 11, 1992 Proposal publication date: May 29, 1992 For further information, please call: (512) 463-7094 Subchapter W. Registration of Commercial Carriers 16 TAC sec.5.507 The Railroad Commission of Texas adopts an amendment to sec.5.507, with changes to the proposed text as published in the May 29, 1992, issue of the Texas Register (17 TexReg 3887). The amendment is adopted to ensure compliance by international commercial carriers with the commission's insurance requirements. For clarity, the second sentence of subsection (c)(2), relating to a filing fee of $10 and a registration fee of $10, will be deleted. The $20 fee for each international registration stamp includes the filing and registration fees, so the reference to such fees is not necessary. Also, a provision prohibiting insurance agents or their designees from charging more than $20 for each international registration stamp sold to international commercial carriers was added. The amendment allows agents selling international registration stamps to take stamps on consignment from the commission and subsequently to remit collected fees to the commission upon sale of the stamps. The amendment sets forth the requirements to be met and procedures to be followed by agents selling the stamps. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 91b, sec.4(a) (13), which require all commercial motor vehicles to be registered with the commission and to pay a registration fee of $10 per vehicle, and under Texas Civil Statutes, Article 6701d, sec.139(c), which require all commercial motor vehicles to file proof of insurance with the commission and to pay a fee for those filings. The amendment is also adopted under House Bill 1, First Called Session, 72nd Legislature, which directed the commission to raise the fee for international stamps to $20 per stamp. sec.5.507. Temporary Registration of International Commercial Carriers. (a)-(b) (No change.) (c) Procedures. (1) In lieu of maintaining registration as a commercial motor vehicle in accordance with sec.sec.5.501-5.506 of this title (relating to Definitions; Applications for Registration of Commercial Motor Vehicles; Liability Insurance for Commercial Carriers; Cab Cards; Identification Decals; Cancellation of Registration; and Implementation), and upon providing proof of insurance at or above the levels required by the commission, an international commercial carrier shall purchase, for each commercial motor vehicle operating in this state, an international registration stamp. The fee for each stamp is $20, and will be good for one trip of up to seven days in duration. (2) An insurance agent that has filed evidence of a master liability policy under which temporary insurance policies are issued shall obtain international registration stamps from the commission. Stamps shall be ordered on a form approved by the director. Once the evidence of the master insurance policy is filed with the commission, an identification number will be assigned to that policy and to all stamps issued under that policy. Stamps may be obtained, in lots of five stamps per lot, either: (A) by purchase, at a cost of $20 per stamp; or (B) by consignment from the commission, with monies collected upon the sale of the stamps to be remitted to the commission as provided in paragraph (7) of this subsection. (3) Only insurance agents who are duly licensed in this state and who maintain evidence of master insurance policies on file with the commission will be permitted to obtain and sell international registration stamps on consignment from the commission. (4) For each international registration stamp sold by the insurance agent, the insurance agent or his designee shall record the name of the company to whom the stamp is sold, the vehicle identification number, the year, the make, and the license number of the vehicle for which the stamp is sold, the date of sale, the port of entry, the trip policy number, and the effective period of the temporary insurance policy. This information shall be recorded on a form approved by the director. Neither an insurance agent nor its designee shall charge an international commercial carrier more than $20 for each international registration stamp. (5) The insurance agent shall file the information recorded for each international registration stamp sold with the commission no later than 30 days after the sale of the stamp by the insurance agent. (6) The international registration stamp shall be affixed to the temporary insurance policy, and shall be carried in the vehicle at all times the commercial vehicle is operated in this state. (7) An insurance agent selling international registration stamps on consignment shall file a surety bond in a form approved by the director, issued by a corporate surety authorized to do business in this state. The bond shall ensure the return of all unused stamps, and shall ensure full and timely remittance of monies collected on the sale of stamps. The amount of the bond shall be at least two times the total value of stamps held on consignment at any given time. Written notice of renewal of a bond shall be given to the commission before international stamps may be taken on consignment from the commission. (8) An insurance agent selling international registration stamps on consignment shall remit to the commission the fee collected from the sale of a stamp no later than 30 days from the date the stamp is sold. If an insurance agent fails to remit monies to the commission by the due date, the commission shall discontinue issuing stamps to the agent on consignment, and may seek to enforce payment of the surety bond. No stamp shall be held on consignment for a period exceeding one year from its date of consignment by the commission. (9) Within 90 days of the sale of a stamp to a carrier, the agent shall submit to the commission evidence of the sale, including the information required by paragraph (4) of this subsection. (10) In the event of a design change on international registration stamps, the commission shall redeem all unused stamps sold by the commission, and shall exchange for new stamps all unused stamps consigned by the commission. If a design change occurs, agents holding unused stamps shall send the stamps to the commission for refund or exchange within 60 days after the effective date of the design change. Stamps not returned within the 60-day period are void. 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 July 20, 1992. TRD-9210007 Lena Guerrero Chairman Railroad Commission of Texas Effective date: August 11, 1992 Proposal publication date: May 29, 1992 For further information, please call: (512) 463-7095 Part II. Public Utility Commission of Texas Chapter 23. Substantive Rules Rates 16 TAC sec.23.21 The Public Utility Commission of Texas adopts an amendment to sec.23.21, concerning cost of service, with changes to the proposed text as published in the Febrary 18, 1992, issue of the Texas Register (17 TexReg 1376). Section 23.21 as amended establishes a contingency factor of 10% to be used in establishing an electric utility's cost of service and requires a utility to provide a copy of the decommissioning study and any redeterminations to the Commission's Electric Division. El Paso Electric Company and Texas Utilities Electric Company supported the establishment of a 25% contingency factor. El Paso Electric Company commented that the rule would allow for a consistent basis for establishing decommissioning costs between the Texas utilities; reduce litigation costs; provide the ability to adjust the contingency factor on a timely basis in the future; and, provide consistency with FERC and other state's findings on decommissioning. Texas Utilities comments were similar to those of El Paso Electric Company. It added that the rule would reduce rate case expenses, shorten the hearings, and remove one item from the issues that the commission must decide. Central Power and Light Company, the City of El Paso, the Office of Public Counsel, and Texas Industrial Energy Consumers commented that the commission should not establish a 25% contingency factor. Instead, the comments stated that the factor is a factual issue that should be determined on a case-by-case basis. Office of Public Counsel, the City of El Paso, and Texas Industrial Energy Consumers stated that the industry is relatively inexperienced in decommissioning nuclear units, and as experience is gathered the cost estimates should become better. The Office of Public Utility Counsel and the City of El Paso also stated that the estimates are dependent on such factors as the type of reactor that is in place, whether the estimate is site specific, and the method of decommissioning the unit. Texas Industrial Energy Consumers and the City of El Paso commented that the rule currently provides for a decommissioning study with the best available estimates be filed every five years. Because such studies provide the best available estimate for decommissioning, a contingency factor is unnecessary. CPL states that in order to assure adequate funding the contingency factor should be determined on a case-by-case basis. The commission disagrees with these comments. The definition and purpose of the contingency factor is different from that assumed by these comments. The majority of the utilities in Texas use Thomas La Guardia to perform the decommissioning studies for the nuclear units. He consistently recommends a 25% contingency factor, and justifies the contingency factor on the basis of force majeure type occurrences. He cites situations such as adverse weather causing delay in the shipment of waste; tool breakdown; material delivery delays due to adverse weather, material shortages, production problems, shipping damage; scheduling of manpower due to illness, variability of individual productivity, work stoppages, or strikes; material removal delays; and, changing regulatory requirements. These type of occurrences do not change depending on the type of unit involved, the type of study performed, or the method of decommissioning anticipated to be used. Furthermore, experience gained in the industry over time will not impact these types of factors. The commission strongly believes that it is of utmost importance that the funds to decommission the nuclear plants that are regulated by the commission be in place at the time that decommissioning begins. Force majeure occurrences should be anticipated and funds established to pay for such occurrences. OPC also states that there is no unanimity to the amount of the contingency factor. Different amounts have been argued in dockets by various parties and the commission has established differing levels. TIEC also states that the rule would be inconsistent with a recent rate case ruling. The commission agrees that it has established differing levels for the contingency factor for the different utilities under its jurisdiction. The commission also agrees with El Paso Electric Company's comments that the rule will provide needed consistency between the utilities regulated by the commission. As previously stated, the factor is included in rates in anticipation of force majeure type occurrences. Such occurrences do not change drastically between differing utilities. Therefore, the commission believes that it is in the public interest to establish the factor through rule. OPC also states that the rule will not reduce litigation costs and that there must be a factual basis in the rulemaking for the establishment of a 25% contingency factor. TIEC states that the current ratepayers are shouldering the burden of high capital costs for the nuclear plants with which future ratepayers will not have to be burdened. Therefore, future ratepayers should have to shoulder future burdens of decommissioning if the funds are found to be lacking because the burden of ratebase is less. The commission believes that the establishment of the factor through rule will reduce litigation costs. After a review of the rate cases that utilities have filed since the request for inclusion of the nuclear power plants in rates, the issue has been litigated in every docket. Many times the contingency factor was the sole issue litigated on the decommissioning study. While large amounts of time have not been spent on the subject, there has been time and effort spent by the parties, general counsel, the hearings division, and the commissioners on the issue. Because the issue is basically the same for each docket, it is more efficient to establish a definitive level. OPC's comment that there is no factual basis in this proceeding for establishing a contingency factor is without merit. Rulemaking is a legislative function that does not require an evidenciary record as in the case of a contested proceeding. The rulemaking procedure is one that allows the commission to establish policy and use all information before it in the process. The commission has considered a number of dockets in which the level of the contingency factor was an issue, so it is familiar with the issue. As to the level of the contingency factor, the commission believes at this time that 10% is the appropriate level. This level will provide more security in having adequate funds for decommissioning. The money contributed cannot be spent by the utilities, but instead is maintained in external, irrevocable trusts. Based on current information, the commission believes 10% to be the appropriate level. The City of El Paso comments that the finding of no financial impact on small businesses or local government is incorrect. The commission disagrees with this comment. As stated by the city in its comments, the fiscal impact of the contingency factor is upon the ratepayers. Therefore, the fiscal impact on small businesses and local government is as ratepayers. The statement in a preamble is that there is no fiscal impacts on such entities in enforcing and administering the rule. Thus, the statement within the preamble is not incorrect. The Central Power and Light Company, El Paso Electric Company, Office of Public Counsel, and Texas Utilities Company commented that the proposed rule should be amended to provide copies of the nuclear decommissioning studies or redeterminations to the commission's electric division. This portion of the rule has been adopted as published. The amendment is adopted under Texas Civil Statutes, Article 1446c, sec.16(a) , which authorize the Public Utility Commission of Texas to make and enforce rules that are reasonably required in the exercise of its powers and jurisdiction. sec.23.21. Cost of Service. (a) (No change.) (b) Allowable expenses. Only those expenses which are reasonable and necessary to provide service to the public shall be included in allowable expenses. In computing a utility's allowable expenses, only the utility's historical test year expenses as adjusted for known and measurable changes will be considered, except as provided for in any section of these rules dealing with fuel expenses. (1) Components of allowable expense. Allowable expenses, to the extent they are reasonable and necessary, and subject to the rules in this section, may include, but are not limited to, the following general categories: (A)-(E) (No change.) (F) Nuclear decommissioning expense. The following restrictions shall apply to the inclusion of nuclear decommissioning costs that are placed in a utility's cost of service. (i) An electric utility owning or leasing an interest in a nuclear-fueled generating unit shall include its cost of nuclear decommissioning in its cost of service. Funds collected from ratepayers for decommissioning shall be deposited monthly in irrevocable trusts external to the utility, in accordance with sec.23.59 of this title (relating to Nuclear Decommissioning Trusts). All funds held in short-term investments must bear interest. The level of the annual cost of decommissioning for ratemaking purposes will be determined in each rate case based on an allowance for contingencies of 10 percent of the cost of decommissioning, the most current information reasonably available regarding the cost of decommissioning, the balance of funds in the decommissioning trust, anticipated escalation rates, the anticipated return on the funds in the decommissioning trust, and other relevant factors. The annual amount for the cost of decommissioning determined pursuant to the preceding sentence shall be expressly included in the cost of service established by the commission's order. (ii)-(iii) (No change.) (iv) An electric utility shall perform, or cause to be performed, a study of the decommissioning costs of each nuclear generating unit that it owns or in which it leases an interest. A study or a redetermination of the previous study shall be performed at least every five-years. The study or redetermination should consider the most current information reasonably available on the cost of decommissioning. A copy of the study or redetermination shall be filed with the commission and copies provided to the commission's general counsel and electric division and the Office of Public Utility Counsel. A utility's most recent decommissioning study or redeterminations shall be filed with the commission within 30 days of the effective date of this subsection. The five year requirement for a new study or redetermination shall begin from the date of the last study or redetermination. (G) (No change.) (2) (No change.) (c)-(d) (No change.) 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 July 20, 1992. TRD-9209957 Marta Greytok Commissioner Public Utility Commission Effective date: August 10, 1992 Proposal publication date: February 18, 1992 For further information, please call: (512) 458-0100 Customer Service and Protection 16 TAC sec.23.59 The Public Utility Commission of Texas adopts an amendment to sec.23.59, concerning nuclear decommissioning trusts, with changes to the proposed text as published in February 18, 1992, issue of the Texas Register (17 TexReg 1376). Section 23.59 as amended clarifies that a utility does not need to seek a good cause exception for funds deemed by the Internal Revenue Service to be non- qualified. In addition the amendment requires a utility to provide a copy of the trust agreement, investment management agreement, and/or any amendments to the commission's general counsel and operations review division and the Office of Public Counsel. Central Power and Light Company and Texas Utilities Company commented that the proposed rule should be adopted as published. El Paso Electric Company did not oppose the requirement to provide copies of the nuclear decommissioning trust or investment management agreements and amendments to General Counsel, the Operations Review Division, and Office of Public Counsel. El Paso Electric Company commented that the published language concerning the good cause exception was not clear and should be altered. The commission agrees with El Paso Electric Company's comment and has used the suggested language from the comment. Office of Public Counsel commented that the rule should not be amended to clarify that good cause waivers are not required for investments in non- qualified trusts of the portion of decommissioning funds determined by the Internal Revenue Service to be "non-qualified" under the Internal Revenue Code, sec.468A. OPC believes that the proposed rule allows for investment in "non- qualified" investments with "qualified" funds. The commission rejects this comment. The current rule provides for the investment of "qualified" funds in "non-qualified" investments upon a good cause exception is not necessary for those funds that the Internal Revenue Service find to not be qualified. The utilities must still request and receive a good cause exception for investments made in non-qualified assets with qualified assets with qualified funds. The amendment is adopted under Texas Civil Statutes, Article 1446c, sec.16(c) , which authorize the Public Utility Commission of Texas to make and enforce rules that are reasonably required in the exercise of its powers and jurisdiction. sec.23.59. Nuclear Decommissioning Trusts. (a) (No change.) (b) Agreements between the electric utility and the institutional trustee or investment manager. (1)-(2) (No change.) (3) A copy of the trust agreement, any investment management agreement, and any amendments shall be filed with the commission within 30 days after the execution or modification of the agreement, and copies provided to the commission's general counsel and operations review division and the Office of Public Utility Counsel. All previously executed agreements and amendments must be filed within 30 days of the effective date of this section. (4) (No change.) (c) Trust investments. (1) Decommissioning trust agreements shall comply with all requirements of the Nuclear Regulatory Commission. The utility may invest the decommissioning funds by means of a qualified or unqualified nuclear decommissioning trusts; however, the utility shall, to the extent permitted by the Internal Revenue Service, invest its decommissioning funds in "qualified" nuclear decommissioning trusts, in accordance with the Internal Revenue Service Code, sec.468A. The utility may request from the commission a good cause waiver to invest funds in non-qualified trusts for those amounts determined by the Internal Revenue Service to be eligible for investment in "qualified" funds. The utility need not request a good cause wavier for amounts deposited into a "non-qualified" trust which are in excess of amounts that the Internal Revenue Service determines to be eligible for investment in "qualified" trusts. (2) (No change.) 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 July 20, 1992. TRD-9209958 John M. Renfrow Secretary Public Utility Commission of Texas Effective date: August 10, 1992 Proposal publication date: February 18, 1992 For further information, please call: (512) 458-0100 TITLE 22. EXAMINING BOARDS Part XXII. Texas State Board of Public Accountancy Chapter 523. Continuing Professional Education Mandatory Continuing Education (CE) Program 22 TAC sec.523.63 The Texas State Board of Public Accountancy adopts the repeal of sec.523. 63, concerning mandatory CE attendance, without changes to the proposed text as published in the May 29, 1992, issue of the Texas Register (17 TexReg 3893). The rule is being repealed in order to simplify the adoption process for its replacement. The rule is being repealed and replaced by another rule with the same identification number. No comments were received regarding adoption of the repeal. The repeal 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 mandatory continuing education requirements. 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 July 17, 1992. TRD-9209931 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: August 10, 1992 Proposal publication date: May 29, 1992 For further information, please call: (512) 450-7066 The Texas State Board of Public Accountancy adopts new sec.523.63, concerning mandatory CE attendance, with changes to the proposed text as published in the May 29, 1992, issue of the Texas Register (17 TexReg 3893). The rule is necessary in order to ensure that CPAs are technically competent. The rule establishes the requirements for continuing professional education. No comments were received regarding adoption of the new section. The new section 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 mandatory continuing education requirements. sec.523.63. Mandatory CE Attendance. (a) A licensee shall complete at least 120 hours of continuing professional education every three years. The individual shall complete at least 20 hours of continuing professional education each year. (1) An initial licensee, one who is paying the license fee during the first biennium, shall be exempt from the requirement for the biennial period during which the applicant was first licensed. (2) A former licensee whose certificate or registration shall have been revoked for failure to pay the license fee and who makes application for reinstatement, shall pay the required fees and penalties and shall accrue the minimum CE credit hours missed. (3) The board will consider granting an exemption from the continuing education requirement on a case-by-case basis if: (A) a licensee completes and forwards to the board a sworn affidavit indicating retirement status during the biennium for which the exemption is requested. A licensee who has been granted this exemption and who reenters the work force shall be required to accrue continuing education hours missed as a result of the exemption subject to a maximum of 200 hours. Such continuing education hours shall be accrued from the technical area only as described in sec.523.2 of this title (relating to Standards for CPE Program Development); (B) a licensee completes and forwards to the board a sworn affidavit indicating no association with accounting work. The affidavit shall include, as a minimum, a brief description of the duties performed, job title, and verification by the licensee's immediate supervisor. (i) For purposes of this section, the term "association with accounting work" shall include the following: (I) working or supervising work performed in the areas of financial accounting and reporting; tax compliance, planning or advice; management advisory services; data processing; treasury, finance, or audit; (II) representing to the public, including an employer, that the licensee is a CPA or public accountant in connection with the sale of any services or products, including such designation on a business card, letterhead, promotional brochure, advertisement, or office ; (III) offering testimony in a court of law purporting to have expertise in accounting and reporting, auditing, tax, or management advisory services; (IV) for purposes of making a determination as to whether the licensee fits one of the categories listed in this subclause and subclauses (I)-(III) of this clause, the questions shall be resolved in favor of inclusion of the work as "association with accounting work." (ii) A licensee who has been granted this exemption and who loses the exemption shall accrue continuing education hours missed as a result of the exemption subject to a maximum of 200 hours. Such continuing education hours shall be accrued from the technical area only as described in sec.523.2 of this title (relating to Standards for CPE Program Development); (C) a licensee not residing in Texas, and submits a sworn statement to the board that the continuing education requirement of the resident jurisdiction have been met; (D) a licensee shows reasons of health, certified by a medical doctor, that prevent compliance with the CE requirement. A licensee must petition the board for the exemption and provide documentation that clearly establishes the period of disability and the resulting physical limitations; (E) a licensee is on extended active military duty, does not practice public accountancy during the biennium for which the exemption was granted, and files a copy of orders to active military duty with the board; or (F) a licensee shows reason which prevents compliance, that is acceptable to the board. (4) A licensee who has been granted the retired or disabled status under sec.515.8 of this title (relating to Retirement Status or Permanent Disability) is not required to accrue continuing education. 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 July 17, 1992. TRD-9209932 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: August 10, 1992 Proposal publication date: May 29, 1992 For further information, please call: (512) 450-7066 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Department Chapter 65. Wildlife Subchapter N. Early Season Migratory 31 TAC sec.sec.65.311-65.316 The Texas Parks and Wildlife Department in a regularly scheduled public hearing on July 9, 1992, adopted the repeal of sec. sec.65.311-65.316, concerning the Early Season Migratory Game Bird Proclamation, without changes to the proposed text as published in the June 2, 1992, issue of the Texas Register (17 TexReg 3969). The repeal will permit the adoption of new rules which will clarify and organize appropriate text into a new section entitled general rules. The repeal was necessary to permit adoption of new rules that more clearly reflect changing populations of migratory games birds. The repeal will permit adoption of new rules. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Parks and Wildlife Code, Chapter 64, Subchapter C, which provide the Texas Parks and Wildlife Department with the authority to regulate seasons, means, methods, and devices for taking and posssessing migratory game bird wildlife resources. 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 July 20, 1992. TRD-9209973 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: September 1, 1992 Proposal publication date: June 2, 1992 For further information, please call: 1 (800) 792-1112, ext. 4433 or (512) 389- 4433 31 TAC sec.sec.65.311-65.317 The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing on July 9, 1992, adopted new sec.sec.65.311-65.317, concerning the Early Season Migratory Game Bird Proclamation. Sections 65.312, 65.314, and 65.317 are adopted with changes to the proposed text as published in the June 2, 1992, issue of the Texas Register (17 TexReg 3969). Sections 65.311, 65.313, 65.315, and 65.316 are adopted without changes and will not be republished. The first three changes at sec.65.312 clarify text concerning pen-reared mallards, valid collection or depredation permits, and full-feathered wing requirements. The fourth change at sec.65.314 reinstates the special exception required by the United States Fish and Wildlife Service which limits the daily bag to no more than two white-winged doves during the regular dove season in Cameron, Hidalgo, Starr, and Willacy Counties. The fifth and sixth changes also at sec.65.314 moves the opening date of the September teal season from the third Saturday in September to the second Saturday and changes the shooting hours for teal from sunrise to sunset to one-half hour before sunrise to sunset as permitted by federal regulations. The final change at sec.65.317 corrects a reference concerning the Texas Parks and Wildlife Code, "sec.64.027" to read "sec.64.026." The commission also repealed last year's rules, 31 TAC sec.sec.63.311-65.316, relating to the Early Season Migratory Game Bird Proclamation. Fluctuations in migratory game bird populations, changes in federal frameworks, and the need to provide better hunting opportunities for sportsmen require the Parks and Wildlife Commission to adopt new regulations for 1992-1993 hunting seasons. The United States Fish and Wildlife Service reinstated the nine-day September teal season (with shooting hours beginning at one-half hour before sunrise), reinstated the four-day whitewing season, and permitted changes in dove zone boundaries. The service did not agree to a Texas request to increase the number of whitewings permitted in the daily bag in the Lower Rio Grande Valley during the regular dove season. The rules allow the taking of early season migratory game bird wildlife resources consistent with their populations. A total of 27 comments, including 15 letters, eight telephone calls, three public hearing comments, and one personal contact have been received by the department prior to the public hearing concerning Early Season Migratory Game Bird Hunting Regulations. Of the varied comments received two wanted the dove season to open earlier in the South Zone, three wanted the dove season to open on Saturday, three wanted half-day dove hunting, six supported reestablishment of a September Teal Season, and two were opposed to the required use of steel shot for waterfowl hunting. All comments are available for public inspection at the Texas Parks and Wildlife Department Headquarters Complex, 4200 Smith School Road, Austin, Texas 78744, 1 800 792-1112, extension 4778 or (512) 389-4778. Two public comments were made during the public hearing. A state representative from La Grange and a hunting guide from Eagle Lake supported the department's proposals but requested hat the teal season begin on the second Saturday rather than the third Saturday of September. The Texas Parks and Wildlife Commission disagreed with some recommendations made by the public because they were judged not to be consistent with recognized wildlife management principles and regulations as published in the federal frameworks. Use of steel shot to take waterfowl is a United States. Fish and Wildlife Service nationwide requirement. The commission as a result of public comments adopted a nine-day teal season that begins on the second Saturday rather than the third Saturday in September. The rules as adopted are based upon scientific studies and investigations which monitor trends in relative abundance and permit optimum harvest of the wildlife resources. The new sections are adopted under the Texas Parks and Wildlife Code, Chapter 64, Subchapter C, which provides the Texas Parks and Wildlife Commission with authority to regulate seasons, means, methods, and devices for taking and possessing migratory game bird wildlife resources. sec.65.312. Means, Methods, and Special Requirements. (a) The following means and methods are lawful, subject to control of subsection (b) of this section, in the taking of migratory game birds: (1) dogs, artificial decoys, manual or mouth-operated birdcalls, longbow and arrows, legal shotguns as defined in sec.65.311 of this title (relating to Definitions), and by means of falconry; (2) positions in the open or from a blind or other place of concealment except a sinkbox on land, or water; (3) taking from floating craft (other than a sinkbox) which is beached, at anchor, or tied within or alongside a fixed hunting blind, except that rails may be taken from a craft unaffected at the time of taking by any source of propulsion other than paddle, oars, or pole; (4) taking on or over unbaited areas; (5) taking by the use of power boats, sailboats, or other craft when used solely as a means of picking up dead or injured birds; and (6) paraplegics and single or double amputees of the legs may take migratory game birds from any stationary motor vehicle or motor-driven land conveyance. (b) The following means and methods are unlawful in the taking of migratory game birds: (1) trap, snare, net, crossbow, fish hook, poison, drug, explosive, or stupefying substance; (2) any firearm other than a legal shotgun as defined in sec.65.311 of this title (relating to Definitions); (3) from, or by means, aid, or use of sinkbox, motor-driven conveyance, motor vehicle, or aircraft of any kind; (4) from or by means of a sailboat or floating device having a motor attached unless such device is beached, resting at anchor, or fastened within or immediately alongside a fixed hunting blind, or is used solely as a means of picking up dead or injured birds; (5) by the use of recorded or electrically amplified birdcalls or sounds; (6) by the use of live birds as decoys; (7) by the means or aid of motor-driven land, water, or air conveyance or sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory game bird; and (8) by the aid of baiting, or on or over any baited area, or where migratory birds are lured, attracted, or enticed by bait. However, nothing in this subsection shall prohibit: (A) the taking of migratory game birds, including waterfowl, on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting; and (B) the taking of migratory game birds, except waterfowl, on or over lands where shelled, shucked, or unshucked corn, wheat, or other grain, salt, or other feed that has been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes; provided that manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grown. (c) No person may possess shotgun shells containing any shot material, or loose shot for muzzleloading firearms, other than nontoxic shot as defined in sec.65.311 of this title (relating to Definitions) while taking or killing or attempting to take or kill waterfowl (ducks, geese, brant, and coots) anywhere in Texas, including the shooting of privately owned banded pen-reared mallards on licensed private bird hunting areas. (d) Nothing in these rules applies to persons taking birds pursuant to valid collection or depredation permits when operating within the terms of such permits. (e) The following identification requirements must be met. (1) One fully feathered wing must remain attached to all migratory game birds while being transported by any means from Mexico into Texas and must remain attached until reaching the final destination as defined in sec.65.311 of this title (relating to Definitions). (2) One fully feathered wing must remain attached on dressed migratory game birds while being transported between the place where taken and the final destination as defined in sec.65.311 of this title (relating to Definitions). (3) Paragraph (2) of this subsection does not apply to doves except in the South Zone and the special white-winged dove area. (f) Tagging requirements. (1) No person shall give, put, or leave any migratory game birds at any place or in the custody of another person or receive, possess, or give to another any freshly killed migratory game bird as a gift, except at the personal abode of the donor or donee, unless the birds are tagged by the hunter with the following information: (A) the hunter's signature; (B) the hunter's address; (C) the total number of each species of birds involved; and (D) the dates such birds were killed. (2) Tagging is required if the transfer or receipt of birds constitutes a number of birds in excess of the daily bag or possession limit, the birds are being transported by another person for the hunter, or if the birds have been left for cleaning, storage (including temporary storage), shipment, or taxidermy services. (g) Importation of migratory game birds. (1) Documentation required. It is unlawful to import or possess migratory game birds taken in another state or country unless a verification document accompanies the wildlife. Documentation is required if: (A) the species is required to be tagged in this state; (B) the number possessed exceeds the possession limit in this state; or (C) the size limits do not comply with size limits in this state. (2) Legible document required. A separate legible document is required for each species and must contain: (A) license number from the state or country where the wildlife was taken; (B) number and species of wildlife taken; (C) location wildlife was taken (nearest town, county, parish, name of area such as landowner's name, public hunting area name); and (D) signature, printed name, address, and telephone number of person verifying where wildlife was taken. (3) Substitute for verification document. In lieu of this verification document, a statement from the United States Customs Officer at the port of entry showing that the wildlife was brought from Mexico is required. (4) Defense to prosecution. It is a defense to prosecution if the person receiving the wildlife resource does not exceed any possession limit or possess a wildlife resource or a part of a wildlife resource that is required to be tagged if the wildlife resource or part of the wildlife resource is tagged. sec.65.314. Open Seasons, Shooting Hours, Bag and Possession Limits. (a) Rails. Statewide: (1) dates: September 1-November 9; (2) shooting hours: from one-half hour before sunrise to sunset; (3) daily bag and possession limits; (A) large rails (king and clapper rails): 15 in the aggregate per day; 30 in the aggregate in possession; (B) small rails (sora and Virginia rails): 25 in the aggregate per day; 25 in the aggregate in possession; (b) Mourning doves. (1) North zone: That portion of the state north of a line beginning at the International Bridge south of Fort Hancock; thence north along FM 1088 to State Highway 20; thence west along State Highway 20 to State Highway 148; thence north along State Highway 148 to Interstate Highway 10 at Fort Hancock; thence east along Interstate Highway 10 to Interstate Highway 20; thence northeast along Interstate Highway 20 to Interstate Highway 30 at Fort Worth; thence northeast along Interstate Highway 30 to the Texas-Arkansas state line: (A) dates: September 1-November 9; (B) shooting hours: from one-half hour before sunrise to sunset; (C) daily bag and possession limits: 12 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate including no more than six white-winged doves and two white-tipped doves per day; 24 mourning doves, white-winged doves, and white-tipped doves in the aggregate including no more than 12 white-winged doves and four white-tipped doves in possession. (2) Central zone: That portion of the state between the north zone and the south zone: (A) dates: September 1-October 31 and beginning on the first Saturday in January for nine consecutive days; (B) shooting hours: from one-half hour before sunrise to sunset; (C) daily bag and possession limits: 12 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate including no more than six white-winged doves and two white-tipped doves per day; 24 mourning doves, white-winged doves, and white-tipped doves in the aggregate including no more than 12 white-winged doves and four white-tipped doves in possession. (3) South zone: That portion of the state south of a line beginning at the International Toll Bridge in Del Rio; thence northeast along U.S. Highway 277 Spur to U.S. Highway 90 in Del Rio; thence east along U.S. Highway 90 to Interstate Highway 10 at San Antonio; thence east along Interstate Highway 10 to the Texas-Louisiana State Line: (A) dates: beginning on September 20, for 54 consecutive days (50 consecutive days in the special white-winged dove area) and beginning on the first Saturday in January, for 16 consecutive days; (B) shooting hours: from one-half hour before sunrise to sunset; (C) daily bag and possession limits: 12 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate including no more than six white-winged doves and two white-tipped doves per day; 24 mourning doves, white-winged doves, and white-tipped doves in the aggregate including no more than 12 white-winged doves and four white-tipped doves in possession; (D) special exception: in Cameron, Hidalgo, Starr and Willacy Counties, the bag and possession limits are: 12 mourning doves, white-winged doves, and white- tipped (white-fronted) doves in the aggregate including no more than two white- winged doves and two white-tipped doves per day; 24 mourning doves, white-winged doves, and white-tipped doves in the aggregate including no more than four white-winged doves and four white-tipped doves in possession. (c) White-winged doves. Special white-winged dove area: That portion of the state south and west of a line beginning at the International Toll Bridge in Del Rio; thence northeast along U.S. Highway 277 Spur to U.S. Highway 90 in Del Rio; thence east along U.S. Highway 90 to United States Highway 83 at Uvalde; thence south along U.S. Highway 83 to State Highway 44; thence east along State Highway 44 to State Highway 16 at Freer; thence south along State Highway 16 to State Highway 285 at Hebbronville; thence east along State Highway 285 to FM 1017; thence southeast along FM 1017 to State Highway 186 at Linn; thence east along State Highway 186 to the Mansfield Channel at Port Mansfield; thence east along the Mansfield Channel to the Gulf of Mexico. (1) dates: the first two complete weekends (both Saturday and Sunday) in September; (2) shooting hours: noon to sunset; (3) daily bag and possession limits: 10 white-winged doves, mourning doves, and white-tipped (white-fronted) doves, in the aggregate to include no more than five mourning doves and two white-tipped doves per day; 20 white-winged doves, mourning doves, and white-tipped doves in the aggregate to include no more than 10 mourning doves and four white-tipped doves in possession. (d) Gallinules (Moorhen or common gallinule and purple gallinule). statewide: (1) dates: September 1-November 9; (2) shooting hours: from one-half hour before sunrise to sunset; (3) daily bag and possession limits: 15 in the aggregate per day; 30 in the aggregate in possession. (e) teal ducks (blue-winged, green-winged, and cinnamon). statewide: (1) dates: nine consecutive days beginning on the second Saturday in September. (2) shooting hours: from one-half hour before sunrise to sunset; (3) daily bag and possession limits: four in the aggregate per day; eight in the aggregate in possession. (f) Red-billed pigeons, and band-tailed pigeons. No open season. (g) Shorebirds. No open season. sec.65.317. Penalties. The penalty provided by law for violation of these sections is prescribed by the Texas Parks and Wildlife Code, sec.64.027. 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 July 20, 1992. TRD-9209974 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: September 1, 1992 Proposal publication date: June 2, 1992 For further information, please call: 1 (800) 792-1112, ext. 4433 or (512) 389- 4433 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety Chapter 1. Organization and Administration Electronic Funds Transfers 37 TAC sec.1.241 The Texas Department of Public Safety adopts new sec.1.241, concerning electronic funds transfers of payments, with changes to the proposed text as published in the June 9, 1992, issue of the Texas Register (17 TexReg 4159). The adoption of this section will decrease the amount of time for banking activities with the Texas Department of Public Safety. The $25,000 amount shown in the first sentence of the section was submitted in error on the proposed rule. A correction of error was published in the June 19, 1992, issue of the Texas Register (17 TexReg 4479) correcting the amount to $250, 000. In compliance with the Texas Government Code, sec.404.095(c), this section will require electronic funds transfers for payments to the Texas Department of Public Safety which are in excess of $10,000. Electronic funds transfers for payments will increase the speed of depositing revenue from large remitters to the state, increase interest income for the state, and provide a safer and more efficient method for remitters to transmit what they owe to the state. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Government Code, sec.404.095(c) and sec.411.006(4), which provides the Texas Department of Public Safety with the authority to adopt a rule to require funds transfers for payments to the department in excess of $10,000 or more due in a category of payments if the person paid the agency a total of $250,000 or more in that category of payments. The director has the authority to adopt rules, subject to commission approval, considered necessary for the control of the department. sec.1.241. Electronic Funds Transfer for Payments. If during the preceding year a person paid the department a total of $250,000 or more in a category of payments and the department reasonably anticipates that during the current state fiscal year the person will pay the department $250,000 or more in a category of payments, the person is required to transfer payment amounts of $10,000 or more due the department by one or more of the means of electronic funds transfer approved by the state treasurer. 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 July 13, 1992. TRD-9209990 James R. Wilson Director Texas Department of Public Safety Effective date: August 11, 1992 Proposal publication date: June 9, 1992 For further information, please call: (512) 465-2000