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 1. ADMINISTRATION Part V. General Services Commission Chapter 125. Travel and Transportation Division Travel Management Services 1 TAC sec.125.3 The General Services Commission adopts an amendment to sec.125.3, concerning definitions, without changes to the proposed text as published in the June 5, 1992, issue of the Texas Register (17 TexReg 4037). The amendment will benefit the public by providing clearer regulations. The amendment specifies technical definitions utilized in the statewide vehicle fleet management and alternative fuels compliance program. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 601b, sec.14.01, which provide the General Services Commission with the authority to promulgate rules to accomplish the purpose of Article 14. 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 27, 1992. TRD-9210282 Judith M. Porras General Counsel General Services Commission Effective date: August 18, 1992 Proposal publication date: June 5, 1992 For further information, please call: (512) 463-3446 State Vehicle Fleet Management 1 TAC sec.sec.125.41, 125.45, 125.47 The General Services Commission adopts amendments to sec. sec.125.41, 125.45, and 125.47, concerning vehicle fleet management and vehicle maintenance, without changes to the proposed text as published in the June 5, 1992, issue of the Texas Register (17 TexReg 4038). The amendments are nonsubstantive technical changes to streamline text. These sections specify the services provided through the vehicle fleet management and vehicle maintenance program. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 601b, sec.14. 01, which provide the General Services Commission with the authority to promulgate rules to accomplish the purpose of Article 14. 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 27, 1992. TRD-9210281 Judith M. Porras General Counsel General Services Commission Effective date: August 18, 1992 Proposal publication date: June 5, 1992 For further information, please call: (512) 463-3446 1 TAC sec.sec.125.43, 125.49, 125.51, 125.53 The General Services Commission adopts the repeal of sec. sec.125.43, 125.49, 125.51, and 125.53, concerning definitions and vehicle fleet management, without changes to the proposed text as published in the June 5, 1992, issue of the Texas Register (17 TexReg 4040). The repeals will benefit the public through simplified regulations. The repeals are a technical change to eliminate an unnecessary repetition of sections. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 601b, sec.14.01, which provide the General Services Commission with the authority to promulgate rules to accomplish the purpose of Article 14. 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 27, 1992. TRD-9210279 Judith M. Porras General Counsel General Services Commission Effective date: August 18, 1992 Proposal publication date: June 5, 1992 For further information, please call: (512) 463-3446 Texas Alternative Fuels Program 1 TAC sec.125.61 The General Services Commission adopts the repeal of sec.125.61, concerning definitions and the alternative fuels program, without changes to the proposed text as published in the June 5, 1992, issue of the Texas Register (17 TexReg 4040). This repeal will benefit the public through simplified regulations. This repeal is a technical change to eliminate an unnecessary repetition of sections. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 601b, sec.14.01, which provide the General Services Commission with the authority to promulgate rules to accomplish the purpose of Article 14. 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 27, 1992. TRD-9210280 Judith M. Porras General Counsel General Services Commission Effective date: August 18, 1992 Proposal publication date: June 5, 1992 For further information, please call: (512) 463-3446 1 TAC sec.125.63, sec.125.65 The General Services Commission adopts amendments to sec.125.63 and sec.125. 65, concerning alternative fuels, without changes to the proposed text as published in the June 5, 1992, issue of the Texas Register (17 TexReg 4040). These amendments are nonsubstantive technical changes to streamline text, and authorize waivers or reductions from alternative fuels compliance requirements for up to two years. These sections specify the requirements for alternative fuels compliance and for waivers or reductions from these requirements. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 601b, sec.14. 01, which provide the General Services Commission with the authority to promulgate rules to accomplish the purpose of Article 14. 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 27, 1992. TRD-9210283 Judith M. Porras General Counsel General Services Commission Effective date: August 18, 1992 Proposal publication date: June 5, 1992 For further information, please call: (512) 463-3446 TITLE 13. CULTURAL RESOURCES Part I. Texas State Library and Archives Commission Chapter 6. State Records Fee Schedules 13 TAC sec.6.121 The Texas State Library and Archives Commission adopts new sec.6.121, concerning micrographics services fee schedule, without changes to the proposed text as published in the April 17, 1992, issue of the Texas Register (17 TexReg 2665). The Records Management Division of the Texas State Library operates a full- service micrographics laboratory for Texas state and local governments. Services include archival quality microfilming, preservation microfilming, micropublishing, microfiche production, quality control testing and analysis, and microfilm processing and duplication. The commission is adopting a fee schedule to comply with the Texas Government Code, sec.441.168(b), and the 72nd Legislature, 1991, First Called Session, Chapter 19, Article V, sec.69, Cost Recovery Program. The new section will improve access to public information created and maintained by state and local governments through the orderly and systematic preservation of long-term, permanent, archival, and vital records. No comments were received regarding adoption of the new section. The new section is proposed under the Government Code, sec.sec.441.032(b)(2), 441.168(b), 771.007(a), and the 72nd Legislature, 1991, First Called Session, Chapter 19, Article V, sec.69, Cost Recovery Program, which provides the Texas State Library and Archives Commission with authority to operate a micrographics laboratory for state and local governments and to recover the costs for such services. 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 24, 1992. TRD-9210230 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Effective date: August 17, 1992 Proposal publication date: April 17, 1992 For further information, please call: (512) 463-5440 TITLE 16. ECONOMIC REGULATION Part IV. Texas Department of Licensing and Regulation Chapter 66. Registration of Property Tax Consultants 16 TAC sec.sec.66.1, 66.10, 66.20-66.23, 66.60, 66.61, 66.70, 66. 71, 66.80- 66.84, 66.90, 66.91 The Texas Department of Licensing and Regulation adopts an amendment to sec.66.1 and new sec.sec.66.10, 66.20-66.23, 66.60, 66.61, 66.70, 66.71, 66.80- 66. 84, 66.90, and 66.91. Sections 66.10, 66.20-66.23, 66.60, 66.61, 66.70, 66.71, 66.80, 66.84, and 66.91 are adopted with changes to the proposed text as published in the May 12, 1992, issue of the Texas Register (17 TexReg 3445). Sections 66.1, 66.81-66.83 and 66.90 are adopted without changes and will not be republished. These rules are adopted to implement requirements of Texas Civil Statutes, Article 8886, Registration of Property Tax Consultants. The sections set requirements for registration of property tax consultants and senior property tax consultants, define terms, set educational requirements and ethical standards, and define responsibility of the department and the registrant. The Texas Department of Licensing and Regulation received verbal and written comment on sec.sec.66.10, 66.20(f), 66.21(d), 66.22(a)-(c), 66.23(b), 66. 61(b), and 66.85. The comment received regarding sec.66.10 was simply to write a definition for private provider, and the department complied. The department did not agree or comply with a request to add sec.66.20(f) to designate real estate brokers who applied for registration under the grandfather clause with a registration number ending with the letter "R". The department agreed with comments to sec.66.21(b)(7)(C) and changed it to read "the requirements of Texas Civil Statutes, Article 8886, sec.(3)(c)(3); if requesting waiver of the examination, a copy of the applicant's CMI designation certificate from the Institute of Property Taxation, or verifiable resume indicating the applicant's primary occupation for at least 25 years preceding the date of application involved the performance or supervision of property tax consulting services or property appraisal, assessment, or taxation, and who has performed or supervised the performance of property tax consulting services as the applicant's primary occupation for seven years preceding the date of application;". The department changed sec.66.22(a) to sec.66.22(b), changed sec.66.22(b) to sec.66.22(c) and changed sec.66.22(a) to read "Registrants must complete 20 classroom hours of recognized continuing education as prerequisite for renewal. At least six hours of the instruction shall cover laws and legal issues as related to property tax consulting in Texas." Section 66.23(b) was deleted because the department found no statutory authority for the rule. Section 66.60 was changed for clarification. Section 66.61(b) was changed to read as follows: "The examinations shall be given in Austin twice a year but may be given at other times at the discretion of the commissioner." All other comments received did not involve a need or desire for change. Changes made to sec.66.70 and sec.66.80 were rewordings to clarify the sections. The American Society of Appraisers and the Texas Association of Property Tax Professionals made comments in favor of the proposal. The amendment and new sections are adopted under Texas Civil Statutes, Article 8886, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules and take action necessary to assure compliance with the intent and purposes of the Act. sec.66.10. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Act-Texas Civil Statutes, Article 8886, Registration of Property Tax Consultants. Property tax consultant-An individual who performs property tax consulting services and who on and after February 1, 1995, is employed by or under the supervision of a senior property tax consultant. Private provider -An educational institution that is established, conducted, and primarily supported by a nongovernmental person, as defined by Texas Civil Statutes, Article 8886, which meets program and accreditation standards comparable to public institutions of higher education as determined by the Texas Higher Education Coordinating Board. Senior property tax consultant-A registered property tax consultant who has met the additional requirements of Texas Civil Statutes, Article 8886 and these rules. sec.66.20. Registration Requirement General. (a) Any person who performs property tax consulting services as defined in Texas Civil Statutes, Article 8886 after September 1, 1992, must first become registered with the Texas Department of Licensing and Regulation. (b) All applicants and registrants shall obtain all necessary forms from the Texas Department of Licensing and Regulation. (c) An individual whose registration has expired may renew the registration up to one year from the expiration date by paying the unpaid renewal fees plus a late registration renewal fee without having to meet the original application requirements. (d) All registrants shall promptly report any change of address to the Texas Department of Licensing and Regulation, Licensing and Certification Division, Austin. (e) It has been determined that the professional designation requirements of Texas Civil Statutes, Article 8886, sec.(3)(c) can be met by the designation of certified member of the institute (CMI) conferred by the Institute of Property Taxation. (f) Individuals who are registered under Texas Civil Statutes, Article 8886 (the Act) shall certify that the registrant has read and submits to the code of ethics as follows: (1) shall not participate, whether individually, or in concert with others, in any plan, scheme, or arrangement attempting or having as its purpose the evasion of any provision of the Act or commissioner rule; (2) shall not directly or indirectly or in any manner whatsoever lend his/her license or identification to any person, firm, or corporation for the purpose of evading any provision of the Act or commissioner rule; (3) shall exercise reasonable care and diligence to prevent persons under his/her supervision from engaging in conduct which would violate any provision of the Act or commissioner rule; (4) shall not engage in any activity that constitutes dishonesty, fraud, or gross incompetency while performing property tax consulting services; (5) shall promptly report to the commissioner any known violation of the Act or commissioner rule; (6) shall cooperate fully with the commissioner or staff in the investigation of an alleged violation of the Act or commissioner rule; (7) shall not offer or promise anything of value with the intent of inducing a person who is performing a public duty to perform or fail to perform any act related to such public duty; (8) shall not contract for or accept compensation or anything of value for services not performed; (9) shall not knowingly or intentionally engage in any false or misleading conduct or advertising with respect to client solicitation; (10) shall not knowingly furnish inaccurate, deceitful, or misleading information to a client or employer, prospective client or employer, or to a public agency or representative of a public agency; (11) shall not reveal information known to be confidential unless the release of such information is authorized by the source or required by law; (12) shall not state or imply that the registrant represents a person or firm that the registrant does not in fact represent. sec.66.21. Registration Requirements. (a) It is expressly understood that any falsification is cause for denial and/or revocation of registration. (b) The registration application must: (1) state the name, physical address, and telephone number of the place of business and the residence of the person or individual making application. If the applicant has not established a place of business in this state, additionally state the name, physical address, and telephone number of the agent for service of legal process, who is a resident of this state; (2) have attached proof of education and work requirements, if applicable; (3) contain a signed code of ethics, standards of professional conduct; (4) certify that the applicant is 18 years of age or older; (5) certify that the applicant holds a high school diploma or equivalent; (6) include proof of classroom hours as required by Texas Civil Statutes, Article 8886, sec.3(b), if initial application on or after February 1, 1993; (7) Also include, if initial application for senior property tax consultant: (A) certification of acquisition of 25 credits as provided by Texas Civil Statutes, Article 8886, sec.3(d)-(h); (B) verifiable resume indicating the applicant has performed or supervised other persons in the performance of property tax consulting services as the applicant's primary occupation for at least four of the seven years preceding the date of application; (C) the requirements of Texas Civil Statutes, Article 8886, sec.3(c)(3); if requesting waiver of the examination, a copy of the applicant's CMI designation certificate from the Institute of Property Taxation, or verifiable resume indicating the applicant's primary occupation for at least 25 years preceding the date of the application involved the performance or supervision of property tax consulting services or property appraisal, assessment, or taxation, and who has performed or supervised the performance of property tax consulting services as the applicant's primary occupation for the seven years preceding the date of application; (8) include proof of continuing education credit hour requirements on a form obtained from the department if renewal of registration; additionally, if a registered property tax consultant, proof of employment by or business association with a senior property tax consultant; (9) include an appropriate nonrefundable application fee and refundable registration fee. (c) On and after February 1, 1995, a property tax consultant must be employed by or have an association with a registered senior property tax consultant and be under the direct supervision of the senior property tax consultant. A registered property tax consultant may only offer services to senior property tax consultants. There must be a legitimate employee/employer relationship or business association established. (d) Any change of employment by a registered property tax consultant must be submitted to the department's Austin office, by the registrant, within 30 days of beginning employment. sec.66.22. Continuing Education. (a) Registrants must complete 20 hours of recognized continuing education as a prerequisite for renewal. At least six hours of the instruction shall cover laws and legal issues as related to property tax consulting in Texas. (b) Seminars or courses relating to property tax consulting conducted by a nonprofit, voluntary trade association that has a membership primarily composed of individuals who perform property tax consulting services may be approved for continuing education. (c) Seminars or courses conducted by a public institution of higher education (as determined by the Texas Higher Education Coordinating Board) and that relate directly to property taxes may be approved for continuing education. sec.66.23. Registration-Waiver of Requirements. (a) Competency standards of another state must be substantially equal to those of Texas. It is the responsibility of the applicant to furnish evidence substantiating the applicant's qualifications. (b) The department will determine on the basis of the requirements for registration in another state whether the applicant qualifies for a property tax consultant registration or a senior property tax consultant registration. (c) It is the applicant's responsibility to obtain certification of the registration issued by another state. (d) If not a resident of this state, the applicant must establish an agent for service of legal process with a resident of this state. sec.66.60. Responsibilities of Department-Investigations. (a) All complaints concerning registrants will be investigated. (b) The department will conduct other investigations as it deems necessary for the effective enforcement of the Act. sec.66.61. Responsibility of Department-Examinations. (a) The standard for passing the senior property tax consultant examination shall be a score of at least 70%. (b) The examinations shall be given twice a year but may be given at other times at the discretion of the commissioner. (c) Examination fees will be refunded only if the applicant has given proper notice that the examination will not be taken. Written notice must be received in the Austin office a minimum of five days prior to the scheduled examination. sec.66.70. Responsibilities of Registrant-General. (a) A registrant may not allow an employee or associate to perform property tax consulting services without first obtaining registration. (b) All registrants shall notify service recipients of the name, mailing address, and telephone number of the department. The registrant may use a sticker or rubber stamp to convey the required information. The notification shall be included on any contract or on a sign prominently displayed at each place of business. (c) Misleading and untruthful advertising by a registrant is prohibited. sec.66.71. Responsibilities of Registrant-Records. The registrant must allow the department, as part of an inspection or investigation, to enter his business premises during reasonable business hours to examine and copy any records that are pertinent to an inspection or investigation being conducted. sec.66.80. Fee-Original Registration. (a) The application fee for a property tax consultant is $100. (b) The application fee for a senior property tax consultant is $150. (c) The refundable registration fee for a property tax consultant is $50. (d) The refundable registration fee for a senior property tax consultant is $75. sec.66.84. Fees-Registration Upgrade. A registrant who subsequently qualifies as a senior property tax consultant will be charged an upgrade applciation fee of $25 and a registration fee of $125 for a total of $150. A $25 credit will be made for any remaining period of one year or more of the property tax consultant registration fee. sec.66.91. Sanction-Revocation, Suspension, or Denial Because of a Criminal Conviction. Pursuant to Texas Civil Statutes, Article 6252-13c, the commissioner, after a hearing, may suspend or revoke an existing registration, or disqualify a person from receiving a registration, because that person has a felony or misdemeanor conviction that directly relates to the duties and responsibilities involved in the area in which the applicant will be registered. The commissioner may also, after hearing, suspend, revoke, or deny a registration because of a person's felony probation revocation, parole revocation, or revocation of mandatory supervision. 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 24, 1992. TRD-9210212 Jack W. Garison Acting Executive Director Texas Department of Licensing and Regulation Effective date: August 17, 1992 Proposal publication date: May 12, 1992 For further information, please call: (512) 463-3127 TITLE 22. EXAMINING BOARDS Part VI. Texas State Board of Registration for Professional Engineers Chapter 131. Practice and Procedure Application for Registration 22 TAC sec.sec.131.51, 131.54, 131.55, 131.57 The Texas State Board of Registration for Professional Engineers adopts amendments to sec.sec.131.51, 131.54, 131.55, and 131.57, concerning application for registration. Section 131.54 is adopted with changes to the proposed text as published in the May 26, 1992, issue of the Texas Register (17 TexReg 3819). Sections 131.51, 131.55, and 131.57 are adopted without changes and will not be republished. Sections 131.51, 131.55, and 131.57 incorporate the new requirements for registration as set out in the Texas Engineering Practice Act, sec.12(a)(1) or (2), which become effective September 1, 1992. Section 131.54, adopted with changes to subsection (d) for clarification, provides clear and concise requirements for submitting an application for registration under the new provisions of the Act effective September 1, 1992. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. sec.131.54. General Application Information. (a) An individual must pass or be exempted from the fundamentals of engineering examination before submitting an application for registration. Those who have passed the examination in a state or a territory of the United States other than Texas must furnish verification of the passage of the examination with the application for registration. (b) Applications for registration may be submitted at any time; however, in order for the board to review and approve the application in sufficient time for the applicant to schedule the next available principles and practice of engineering examination, the board must receive and accept a completed application by the following deadline dates: (1) the end of the second week in May for the fall (October) principles and practice of engineering examination; (2) the end of the second week in October for the spring (April) principles and practice of engineering examination. (c) The applicant will be notified in writing of the board's approval of the applicant's engineering experience and education and that the applicant has been approved to take the examination. Appropriate forms for the applicant to schedule the examination will be included with the written notification from the board as described in sec.131. 101 of this title (relating to Engineering Examinations Required for Registration as a Professional Engineer.) (d) The executive director may accept an application prior to the receipt of supplemental documents such as transcripts of degrees over which the applicant has no control as to time of submission to the board. The board will not consider an application until the following are provided: (1) a completed application for registration form; (2) a supplementary experience record; (3) transcript(s) of degree(s); (4) five reference statements (three must be from professional engineers); (5) documentation verifying that the applicant has passed the fundamentals of engineering examination; and (6) the current registration fee. (e) The board may request additional information or the executive director may recommend the applicant provide additional information. If an applicant declines to provide additional information for an accepted application as recommended by the executive director, the application will be referred for board consideration with documentation of such declination. If, after notification in writing, the applicant fails to provide any part of the required information for an accepted application by the deadlines set by the executive director, the application will be referred to the board to be not approved as an incomplete application. For an accepted application to be considered complete, it must contain at minimum the application form, the supplementary experience record, transcript(s) of degree(s), and reference statements. Withholding information, misrepresentation, or untrue statements on the application for registration or supplemental documents will be cause for rejection of the application. (f) Applicants must be able to speak and write the English language. An applicant who is a native of a country in which the primary language is other than English, shall be required to include with his application evidence that the applicant has passed a TOEFL (test of English as a foreign language) with a score of 550 or above, and a TSE (test of spoken English) with a score of 200 or above. These tests shall have been taken within two years of the time the application is submitted if the applicant has lived in a non-English speaking country for more than two consecutive years after initially taking the test. An applicant who has received a four-year degree from an ABET-accredited course or who has successfully completed at least six semesters of full-time academic work toward an advanced engineering degree in the United States shall be exempted from this requirement. An applicant may request exemption from the TOEFL and TSE requirements for other reasons by submitting substantiating evidence and documentary proof of his English proficiency which is satisfactory to the executive director. (g) If in the review of an application or in other communications with an applicant, other than an applicant specified in subsection (f) of this section, the board or the executive director finds there is sufficient reason to doubt the English speaking or writing ability of the applicant, the applicant may be required to take the same tests as specified in subsection (f) of 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 July 28, 1992. TRD-9210318 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: September 1, 1992 Proposal publication date: May 26, 1992 For further information, please call: (512) 440-7723 References 22 TAC sec.131.73 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.73, concerning reference communication, without changes to the proposed text as published in the May 26, 1992, issue of the Texas Register (17 TexReg 3820). The section as adopted deletes subsection (d) which stipulated that references dated more than one year prior to board review would not be acceptable. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. 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 28, 1992. TRD-9210319 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: August 19, 1992 Proposal publication date: May 26, 1992 For further information, please call: (512) 440-7723 Engineering Experience 22 TAC sec.131.81 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.81, concerning experience evaluation, with changes to the proposed text as published in the May 29, 1992, issue of the Texas Register (17 TexReg 3891). The section as adopted incorporates the new requirements for registration as set out in the Texas Engineering Practice Act, sec.12(a)(1) or (2), which become effective September 1, 1992, and clarifies acceptable engineering experience under the new registration requirements. Additional language was added to paragraph (12) and subparagraph (A) of paragraph (14) for clarification. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. sec.131.81. Experience Evaluation. The evaluation of the engineering experience claimed by an applicant for registration under the Texas Engineering Practice Act (the Act), sec.12(a)(1), (2), or sec.21, will include, but not be restricted to, the following. (1)-(11) (No change.) (12) Applicants who claim foreign engineering experience must have, in addition to other experience, at least two years of engineering experience in the United States and show that they have learned to use the United States standards, codes, and other engineering procedures in their engineering practice except those who are applying under the Act, sec.21. Engineering experience claimed for a graduate degree in engineering will not be acceptable for the experience requirement of this paragraph. (13) (No change.) (14) Engineering experience, to be considered creditable for registration purposes, shall have been gained after the receipt of the first engineering or related science degree. Those applicants who are applying under the Act, sec.12(a)(2), must pass or be exempted from the fundamentals of engineering examination before the required eight years of engineering experience will begin to accrue as creditable experience. Exceptions to this requirement include the following. (A) Individuals who have graduated prior to September 1, 1992, from a four- year curriculum in a non-EAC/ABET-accredited degree program in engineering or related science which has been approved by the board must apply under the Act, sec.12(a)(2), and may claim engineering experience gained up to September 1, 1992, but must pass the fundamentals of engineering examination before any additional experience will be considered creditable for registration purposes. (B) All individuals who claim engineering experience prior to the receipt of a four-year degree from an EAC/ABET-accredited engineering program, and subsequently receive such a degree, must furnish documented proof to the board explaining the circumstances under which the experience was gained. Such applicant must have gained an additional one year of engineering experience after the receipt of the degree to prove competence in the practice of engineering. The credit for one year of engineering experience allowed for a graduate degree in engineering as described in paragraph (9) of this section will not be acceptable for this one year of additional engineering practice. The applicant may be required to make a personal appearance before the board at the request of the board. (15) Persons applying under the Act, sec.12(a)(2), must first show evidence to the board's satisfaction that they have acquired the ability to do acceptable engineering by education, work experience, or a combination of both. (16) Nonresident applicants applying under the Act, sec.21, must have met the experience requirements of either sec.12(a)(1) or (2) at the time their out-of- state registration being used as a basis for application was granted. (17)-(18) (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 28, 1992. TRD-9210320 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: September 1, 1992 Proposal publication date: May 29, 1992 For further information, please call: (512) 440-7723 Education 22 TAC sec.131.92 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.92, concerning education, with changes to the proposed text as published in the May 29, 1992, issue of the Texas Register (17 TexReg 3892). The section incorporates the new requirements for registration as set out in the Texas Engineering Practice Act, sec.12(a)(1) or (2), which become effective September 1, 1992. New language added to subsection (b) in the proposed amendment, which requires verification from the ABET counterpart organizations in Australia, Canada, Ireland, New Zealand, and the United Kingdom stating that the foreign degree awarded was suitable for registration as a professional or chartered engineer in the country where the degree was awarded must accompany an application for registration in Texas, was moved to paragraph (2) of subsection (a). Subsection (b) is adopted with an additional requirement that applicants must furnish an evaluation of their foreign degree. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. sec.131.92. Foreign Degrees. (a) An individual who has completed an undergraduate engineering education and received the equivalent of a baccalaureate degree from an institution other than one located in the United States and its possessions must apply under the Texas Engineering Practice Act (the Act), sec.12(a)(2), except as follows. (1) If, in addition to the foreign degree, an individual presents an advanced engineering degree meeting the conditions set out in sec.131.91(a)(3) of this title (relating to Educational Requirements for Registration), that individual may apply under the provisions of the Act, sec.12(a)(1). (2) Applicants having engineering degrees accredited by the ABET counterpart organizations in Australia, Canada, Ireland, New Zealand, and the United Kingdom may apply under the Act, sec.12(a)(1). Verification from the ABET counterpart organizations (such as an Engineering Council) in the foreign country where the engineering degrees were awarded must be submitted with the application for registration. The verification must include the statement that such engineering degrees were suitable for registration purposes as a professional or chartered engineer in that country at the time the degrees were awarded. (3) If registered in another state by passing a minimum 16-hour written examination acceptable to the board, an applicant with a foreign engineering education may apply under the Act, sec.21 (concerning registration by nonresidents), or sec.12(a)(2), whichever is applicable. (b) Applicants who do not meet the requirements of subsection (a)(1) or (2) of this section must furnish at their own expense an evaluation of their foreign degree(s) from a commercial evaluation service selected by the board. The degree evaluation must be sent directly to the board by the evaluation service. Applicants must submit with their applications complete certified copies or documented proof of all engineering degrees, diplomas, certificates, etc., showing the type of engineering degree awarded (B.S., M.S., Ph.D.), date awarded, branch of engineering, dates attended, and scores, grades, or honors awarded. Documents written in languages other than English shall be accompanied by a certified English translation. 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 28, 1992. TRD-9210321 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: September 1, 1992 Proposal publication date: May 29, 1992 For further information, please call: (512) 440-7723 Examination 22 TAC sec.131.101, sec.131.103 The Texas State Board of Registration for Professional Engineers adopts the repeal of sec.131.101 and sec.131.103, concerning engineering examinations and engineer-in-training, without changes to the proposed text as published in the June 2, 1992, issue of the Texas Register (17 TexReg 3953). The repeal of sec.131.101 was necessary as it will no longer be applicable when the new registration and examination requirements set out in the Texas Engineering Practice Act, sec.12(a)(1) and (2), become effective September 1, 1992. Section 131.103 was also repealed because it becomes obsolete on September 1, 1992, in accordance with the Act, sec.12.1. The repeals will allow the board to promulgate new sec.131.101 and sec.131. 103 describing the examination requirements for the registration and the new provisions for certification as an engineer-in-training which are effective September 1, 1992. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. 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 28, 1992. TRD-9210322 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: September 1, 1992 Proposal publication date: June 2, 1992 For further information, please call: (512) 440-7723 22 TAC sec.131.101, sec.131.103 The Texas State Board of Registration for Professional Engineers adopts new sec.131.101 and sec.131.103, concerning engineering examinations. Section 131.101 is adopted with changes to the proposed text as published in the June 2, 1992, issue of the Texas Register (17 TexReg 3952). Section 131.103 is adopted without changes and will not be republished. The new sections are necessary to establish the examination requirements for registration as a professional engineer and the provisions for certification as an engineer-in-training as set out in the Texas Engineering Practice Act, sec.12 and sec.12.1, which become effective September 1, 1992. Section 131.101 is adopted with clarifying language added to subsections (c) and (f), and minor grammatical changes to subsection (g), paragraphs (2) and (3). Comments were received from one individual who suggested that several clarifications and grammatical changes be made to sec.131.101. The board concurred with the comments and incorporated the changes to the rule as adopted. The new sections are adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. sec.131.101. Engineering Examinations Required for Registration as a Professional Engineer. (a) The written examinations required under the Texas Engineering Practice Act (the Act), sec.12(a)(1) and (2), will consist of an eight-hour fundamentals of engineering examination and an eight-hour principles and practice of engineering examination. Normally, these examinations will be offered twice each year, once in the first six months (April) and once in the second six months (October) of each calendar year. Written examinations will be held in Austin or places designated by the board. (b) Individuals and applicants who have been approved to take the examinations for registration will be charged an established fee for each examination scheduled. (c) All examinations will be in the English language. Examinations are prepared by and the examination dates are established by the National Council of Examiners for Engineering and Surveying (NCEES) for 10 years in advance and are subject to change only by NCEES. To schedule either examination, an individual may telephone, write, or visit the board office to obtain the necessary forms and information. Students may obtain the scheduling forms for the fundamentals of engineering examination at their college or from the board office. Individuals who plan to take an examination in the spring (April) must have their completed examination request form and the appropriate fee in the board office or have their request postmarked no later than the third Friday in February. Those who plan to take an examination in the fall (October) must have their completed examination request form and the appropriate fee in the board office or have their request postmarked no later than the third Friday in September. (d) Individuals may be exempt from one or both of the written examinations for the following reasons. (1) Individuals may be exempt from either or both of the examinations if the professional engineering licensing authority of any state, territory, or possession of the United States certifies the individual has passed a similar examination. (2) Individuals who have 20 or more years of outstanding technical achievement and widespread professional recognition in their field of engineering practice indicating competence in the engineering profession may be exempt from one or both of the examinations. A personal interview before the board will be required. (3) Individuals with at least 20 years or more of board-approved engineering experience may be exempt from the fundamentals of engineering examination. (4) Individuals who have a Ph.D. degree in engineering from a recognized college or university that offers an EAC/ABET-approved undergraduate or master's engineering curriculum in the same branch of engineering may be exempt from the fundamentals of engineering examination, provided the individual also has a bachelor's degree in an EAC/ABET-accredited engineering program of four years or more from a recognized college or university that offers an EAC/ABET-approved engineering curriculum in the same branch. (e) If an individual claims an exemption from either examination, such individual may file an application for registration complete with additional information substantiating the claim for the exemption. If the board approves the exemption from the fundamentals of engineering examination, the applicant will be notified and will be sent the appropriate forms required to schedule the principles and practice of engineering examination. (1) If the initial staff review does not support the individual's request for an exemption from the fundamentals of engineering examination, the application and registration fee will be returned to the individual. Appropriate forms will be included for the individual to schedule the fundamentals of engineering examination. After the individual has taken and passed the examination, an application for registration may be resubmitted with the registration fee applicable at the time of resubmittal. (2) If the individual does not agree with the staff review and desires an opinion by the board of the request for an exemption, the individual may resubmit the application with the appropriate fee for the board's consideration. If the board does not approve the exemption, the individual will be notified of the board's action. In accordance with the provisions of sec.131.53 of this title (relating to Submission of Applications), the application and fee will not be returned to the individual. (3) If the applicant requests exemption from both of the examinations or the principles and practice of engineering examination, the applicant will be required to make a personal appearance before the board to answer any questions that the board may have regarding the applicant's engineering experience and education and basis for eminence. (f) An individual must pass the fundamentals of engineering examination before an application for registration may be filed with the board unless that individual is eligible to apply for exemption under subsection (d) of this section. (1) A student who is classified as a senior in college within one calendar year of graduating and who is enrolled in an EAC/ABET-accredited engineering course, or an engineering or engineering-related science program of four years or more that has been approved by the board, may take the fundamentals of engineering examination at his or her school provided the school will administer the examination as prescribed by the board. (2) Students who have a degree in a non-engineering related curriculum and who are enrolled in an EAC/ABET-accredited graduate degree program having an undergraduate degree that is EAC/ABET accredited, or an engineering or engineering-related science program that has been approved by the board and who have completed a minimum of 20 semester hours of graduate level engineering courses may take the fundamentals of engineering examination at their school. (3) Individuals who have not passed the fundamentals of engineering examination while in college may apply to the board to take the examination in Austin or at other sites designated by the board. The individual may schedule and take the examination at any time provided the rules for scheduling are followed and the appropriate fee for each examination is paid. (g) Applicants must either pass or be exempt from the fundamentals of engineering examination in order to be eligible to take the principles and practice of engineering examination. (1) The following individuals may apply to take the principles and practice of engineering examination: (A) registrants in the State of Texas who are taking the examination for record purposes in accordance with sec.131.102 of this title (relating to Examination for Record Purposes); (B) individuals who have made application for registration in Texas and have met the engineering educational and experience requirements and the application for registration has been approved by the board; (C) other individuals who have been approved or directed by the board to take the examination. (2) Individuals who have been approved to take the examination for registration purposes will be advised of the first examination date for which they are eligible. Applicants must elect to start the examination schedule on the first examination date for which they are eligible. Once started, the schedule shall consists of consecutive examination dates, not to exceed three, required to pass the principles and practice of engineering examination with the exception of those persons applying under the Act, sec.21 (those who are registered in another state or jurisdiction). Those persons must pass the principles and practice of engineering examination of the first attempt. (3) Failure to pass the examination within the schedule will be cause for the applicant to be not approved. An applicant whose application for registration has been not approved for not scheduling the examination within the limits set by the schedule in paragraph (2) of this subsection will be required to file a new application and pay a new registration fee. An applicant whose application for registration has been not approved for failure to pass the examination within the limits will be required to wait one year from the date the application is not approve before filing a new application. The new application must include evidence the applicant has acquired additional education or experience that would indicate the applicant may be able to pass the required examination. (4) There are two groups of the principles and practice examination offered. Group I examinations are offered both in the spring and the fall and include examinations in the following branches of engineering: chemical, civil, (civil, sanitary, structural), electrical, mechanical and the Special Structural Examinations I and II. Group II examinations are offered only in the fall and include examination in the following branches of engineering: aeronautical/aerospace, agriculture, control systems, fire protection, industrial, manufacturing, metallurgical, mining/mineral, nuclear and petroleum. 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 28, 1992. TRD-9210323 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: September 1, 1992 Proposal publication date: June 2, 1992 For further information, please call: (512) 440-7723 22 TAC sec.131.102, sec.131.104 The Texas State Board of Registration for Professional Engineers adopts the amendments to sec.131.102 and sec.131.104, concerning examination for record purposes and engineer-in-training certificates, without changes to the proposed text as published in the June 2, 1992, issue of the Texas Register (17 TexReg 3955). The amendments were necessary to incorporate the new examination requirements for registration and the new provisions regarding engineer-in-training certificates as set out in the Texas Engineering Practice Act, sec.12 and sec.12.1, which become effective September 1, 1992. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. 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 28, 1992. TRD-9210324 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: September 1, 1992 Proposal publication date: June 2, 1992 For further information, please call: (512) 440-7723 Board Review of Application 22 TAC sec.131.112 The Texas State Board of Registration for Professional Engineers adopts the repeal of sec.131.112, concerning approved applications, without changes to the proposed text as published in the June 2, 1992, issue of the Texas Register (17 TexReg 3956). The repeals of sec.131.112 was necessary as it will become obsolete when the new registration and examination requirements set out in the Texas Engineering Practice Act, sec.12, become effective September 1, 1992. The repeal will allow the board to promulgate new sec.131.112 which establishes the procedures pertaining to application approval and nonapproval effective September 1, 1992. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. 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 28, 1992. TRD-9210325 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: September 1, 1992 Proposal publication date: June 2, 1992 For further information, please call: (512) 440-7723 The Texas State Board of Registration for Professional Engineers adopts new sec.131.112, concerning approved applications, without changes to the proposed text as published in the June 2, 1992, issue of the Texas Register (17 TexReg 3956). The new section establishes the procedures pertaining to the approval or nonapproval of an application for registration in accordance with the examination and registration requirements as set out in the Texas Engineering Practice Act, sec.12, which become effective September 1, 1992. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. 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 28, 1992. TRD-9210326 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: September 1, 1992 Proposal publication date: June 2, 1992 For further information, please call: (512) 440-7723 22 TAC sec.131.113, sec.131.114 The Texas State Board of Registration for Professional Engineers adopts amendments to sec.131.113 and sec.131.114, concerning board review of applications, without changes to the proposed text as published in the June 2, 1992, issue of the Texas Register (17 TexReg 3956). The amendments were necessary in order to incorporate the new requirements for registration as set out in the Texas Engineering Practice Act, sec.12, which become effective September 1, 1992. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. 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 28, 1992. TRD-9210327 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: September 1, 1992 Proposal publication date: June 2, 1992 For further information, please call: (512) 440-7723 Registration 22 TAC sec.131.139 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.139, concerning registration, without changes to the proposed text as published in the June 2, 1992, issue of the Texas Register (17 TexReg 3957). The amendment was necessary to incorporate the new registration requirements as set out in the Texas Engineering Practice Act, sec.12, which become effective September 1, 1992. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. 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 28, 1992. TRD-9210328 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: September 1, 1992 Proposal publication date: June 2, 1992 For further information, please call: (512) 440-7723 Complaints 22 TAC sec.131.172 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.172, concerning complaints, without changes to the proposed text as published in the June 2, 1992, issue of the Texas Register (17 TexReg 3957). The section was amended to correct the title from complaints against unlicensed persons to complaints against nonregistrants so as to provide consistency between the language contained in Texas Civil Statutes, Article 3271a and the board rules of practice and procedure. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. 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 28, 1992. TRD-9210329 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: August 19, 1992 Proposal publication date: June 2, 1992 For further information, please call: (512) 440-7723 Part VIII. Texas Appraiser Licensing and Certification Board Chapter 153. Provisions of the Texas Appraiser Licensing and Certification Act 22 TAC sec.153.15 The Texas Appraiser Licensing and Certification Board adopts an amendment to sec.153.15, concerning experience required for certification or licensing, without changes to the proposed text as published in the June 12, 1992, issue of the Texas Register (17 TexReg 4233). The amendment allows applicants for the state licensed real estate appraiser category only, to meet the experience requirement by submitting only an experience affidavit, rather than by submitting an affidavit together with an experience log. This does not effect the requirements for either the certified general real estate appraiser or certified residential real estate appraiser. Three written comments were received regarding the adoption of this amendment. The comments by the Independent Bankers Association of Texas (IBAT), Foundation Appraisers Coalition of Texas (FACT), and Texas Bankers Association (TBA) all supported the proposed amendment to the rule. The amendment is adopted under the Texas Appraiser Licensing and Certification Act, Texas Civil Statutes, Article 6573a.2, which provides the Texas Appraiser Licensing and Certification Board with authority to adopt rules and regulations necessary for the performance of its duties. 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 27, 1992. TRD-9210209 Renil C. Liner Commissioner Texas Appraiser Licensing and Certification Board Effective date: August 17, 1992 Proposal publication date: June 12, 1992 For further information, please call: (512) 465-3950 22 TAC sec.461.15 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.461.15, concerning general rulings, without changes to the proposed text as published in the June 19, 1992, issue of the Texas Register (17 TexReg 4419). The board expressed a need to broaden the scope of this rule. The amendment will allow the board to consider issues of concern to the board in a more timely manner in that persons not complying with board directives, rules, and state statutes will proceed through the hearing procedure to reach a conclusion. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules not inconsistent with the Constitution and laws of this state, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. 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 22, 1992. TRD-9210339 Patricia S. Bizzell Tweedy Executive Director Texas State Board of Examiners of Psychologists Effective date: August 19, 1992 Proposal publication date: June 19, 1992 For further information, please call: (512) 835-2036 Chapter 463. Applications 22 TAC sec.463.5 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.463.5, concerning application file requirements, with changes to the proposed text as published in the June 19, 1992, issue of the Texas Register (17 TexReg 4419). The amendment will clarify both board and statutory requirements for certification and licensure by reciprocity. The amendment will clarify requirements for certification and licensure by reciprocity. It allows psychologists from other states to be considered for licensure. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules not inconsistent with the Constitution and laws of this state, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. sec.463.5. Application File Requirements. An application file must be complete and contain whatever information or examination results the board requires. An incomplete application remains in the active file for 90 days, at the end of which time, if still incomplete, it is void. If certification or licensure is sought again, a new application and filing fee must be submitted. An applicant cannot have two types of applications for certification or licensure pending before the board. (1)-(3) (No change.) (4) A completed application for certification and licensure by reciprocity as a psychologist includes: (A) (No change.) (B) official transcripts sent directly to the board's office from all colleges/universities where post-baccalaureate course work was completed; (C) if providing psychological services in Texas before receiving license, must be employed in an exempt agency, or must have a temporary permit, or must have a supervision contract which indicates the applicant is being supervised in an acceptable setting which is appropriate for the education/experience background of the applicant; (D) documentation that applicant is currently licensed and has been in good standing in one jurisdiction for the five years immediately preceding filing application in Texas; (E) proof that applicant is the identical person to whom the original license was issued; (F) documentation that there is no pending action against the applicant's license in any jurisdiction; (G) a sworn statement that applicant has never had any professional license suspended, revoked, cancelled, or otherwise restricted; (H) proof that applicant has passed the board's Jurisprudence Examination; (I) three professional reference letters from three separate psychologists, each of whom must attest without reservation to the applicant's professional competence, ethics, and current fitness to practice. An applicant whose file contains any negative reference letters will be asked to provide a written explanation and/or to meet with the board prior to final approval of the application file; (J) if licensed in a foreign country, proof that the requirements of sec.463.17 of this title (relating to Foreign Graduates) have been satisfied; (5) For an applicant who is practicing psychology in Texas under a temporary permit, a supervision affidavit, or employment in a statutorily exempt agency and a complaint is filed against the applicant, the application process will be held in abeyance until the board has made a final determination on the complaint filed. 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 22, 1992. TRD-9210340 Patricia S. Bizzell Tweedy Executive Director Texas State Board of Examiners of Psychologists Effective date: August 19, 1992 Proposal publication date: June 19, 1992 For further information, please call: (512) 835-2036 Part XXI. Texas State Board of Examiners of Psychologists Chapter 463. Applications 22 TAC sec.463.29 The Texas State Board of Examiners of Psychologists adopts new sec.463.29, concerning reciprocity requirements, without changes to the proposed text as published in the June 19, 1992, issue of the Texas Register (17 TexReg 4420). This rule establishes guidelines for the board to follow in determining whether a person satisfies the requirements for certification and licensure by reciprocity as set down in legislation passed by the 72nd Legislature. A person will be able to receive services from an experienced professional. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules not inconsistent with the Constitution and laws of this state, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. 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 22, 1992. TRD-9210337 Patricia S. Bizzell Tweedy Executive Director Texas State Board of Examiners of Psychologists Effective date: August 19, 1992 Proposal publication date: June 19, 1992 For further information, please call: (512) 835-2036 22 TAC sec.463.30 The Texas State Board of Examiners of Psychologists adopts new sec.463.30 without changes to the proposed text as published in the June 19, 1992, issue of the Texas Register (17 TexReg 4421). The board determined that applicants for certification and licensure by reciprocity will be able to sit for the board's Jurisprudence Examination throughout the year, rather than having to wait for the regularly scheduled examination dates. The application process will be expedited for qualified professionals from other jurisdictions, and the public will be able to receive service from an experienced professional. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules not inconsistent with the Constitution and laws of this state, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. 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 22, 1992. TRD-9210338 Patricia S. Bizzell Tweedy Executive Director Texas State Board of Examiners of Psychologists Effective date: August 19, 1992 Proposal publication date: June 19, 1992 For further information, please call: (512) 835-2036 Chapter 465. Rules of Practice 22 TAC sec.465.26 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.465.26, concerning temporary permit to practice, with changes to the proposed text as published in the June 19, 1992, issue of the Texas Register (17 TexReg 4421). The amendment will clarify possibly ambiguous language and amend the rule so that it more closely reflects the statutory requirements for certification and licensure in Texas. The public will be able to receive psychological services from a person licensed in another jurisdiction while he/she is applying in Texas. The public will be able to receive services from an experienced professional. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules not inconsistent with the Constitution and laws of this state, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. sec.465.26. Temporary Permit to Practice. (a) An application for certification must be on file with the board. (b) A completed application for temporary permit as a psychologist includes: (1) an application and required fees for temporary permit; (2) two current passport pictures of the applicant; (3) official transcript from the regionally accredited educational institution which indicates that an applicant has received a doctoral degree in psychology; (4) a statement which has a notary seal or a state seal from the appropriate psychology licensing agency in another jurisdiction confirming: (A) the applicant has an active license to practice psychology; (B) the applicant has been licensed to practice psychology for at least five years immediately prior to the date of application; (C) the license is unencumbered and the applicant has never been found guilty of violation of ethical principles or board rules and regulations, or the law governing the practice of psychology in any jurisdiction. (c) The temporary permit is valid for no more than one year from the date of issue and may not be renewed or reissued. (d) The temporary permit is terminated immediately if the applicant fails written or oral examinations administered by the board. (e) The temporary permit is terminated if the certificate and/or license applicant fails to appear for a scheduled written or oral examination, unless the applicant notifies the board in advance of the inability to appear. (f) The temporary permit is canceled by the board if: (1) at any time a review of the application for certification and licensure indicates the applicant lacks successful passage of all exams and or the experience and training necessary to be licensed by the board and cannot rectify the deficiency within one year of the temporary permit; (2) if the psychologist is found to violate any board rule or regulation or any portion of the Psychologists' Certification and Licensing Act. (g) An applicant for temporary permit to practice acknowledges that a temporary permit carries with it no vested property right. 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 22, 1992. TRD-9210341 Patricia S. Bizzell Tweedy Executive Director Texas State Board of Examiners of Psychologists Effective date: Augsut 19, 1992 Proposal publication date: June 19, 1992 For further information, please call: (512) 835-2036 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 133. Hospital Licensing Standards 25 TAC sec.133.21 The Texas Department of Health (department) adopts an amendment to sec.133.21, concerning hospital licensing standards (standards) which the section adopts by reference, without changes to the proposed text as published in the May 29, 1992, issue of the Texas Register (17 TexReg 3894). The amendment is to Chapter 12 of the standards, relating to special licensing standards governing the provision of mental health services in hospitals licensed by the department. The amendment modifies the definition of "hospital" in sec.12.3-7 of Chapter 12 by including special hospitals in the definition, thereby covering all hospitals licensed by the department. The Texas Hospital Licensing Law, Health and Safety Code, Chapter 241, allows for the licensing of both general and special hospitals. Because both general and special hospitals may have an identifiable unit for the provision of mental health services, the department believes the rule should apply to special hospitals which provide mental health services as well as general hospitals. No comments were received regarding adoption of the amendment. The amendment is adopted under the Health and Safety Code, sec.241.027, which provides the Texas Board of Health (board) with authority to adopt rules to establish and enforce minimum standards for the licensing of hospitals; and sec.12.001, which provides the board with authority to adopt rules for the performance of every duty imposed by law upon the board, the department and the commissioner of health. sec.133.21. Adoption by Reference. (a) The Texas Department of Health adopts by reference the rules contained in the department publication effective September 1, 1985, entitled "Hospital Licensing Standards," as amended through September 1, 1992. (b) (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 28, 1992. TRD-9210284 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: September 1, 1992 Proposal publication date: May 29, 1992 For further information, please call: (512) 834-6645 TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 21. Trade Practices Subchapter C. Unfair Claims Settlement Practices 28 TAC sec.sec.21.202-21.204 The State Board of Insurance of the Texas Department of Insurance adopts amendments to sec.sec.21.202-21.204, concerning unfair claims settlement practices, with changes to the proposed text as published in the May 29, 1992, issue of the Texas Register (17 TexReg 3895). Section 21.202 is amended by deleting a requirement that an insurer do business under the Insurance code, Chapter 3, Subchapter G or Chapter 5, Subchapter A, B, or C in order to be subject to this subchapter. Section 21. 203 and sec.21.204 are amended by deleting a requirement that defined acts in the regulation be committed with frequency before the defined acts could be considered an unfair claims settlement practice. Section 21.203(19) is added to define the use of federal income tax returns in settling claims. The foregoing amendments are necessary to conform the regulation to amendments to Insurance Code, Article 21.21-2, by the Legislature in 1991. Additionally, the board adopts sec.21.203(18) to add a violation of Insurance Code, Article 21.55, which sets standards for the prompt payment of first party claims, as an unfair claims settlement practice. Also the Board adopts amendments to sec.21. 203(10) to delete the use of nonwaiver agreements as a means of complying with this paragraph and to provide clearer safe guards for policyholders in the use of reservation of rights letters by insurers, and sec.21.203(12) to provide additional protection to policyholders by expanding the kind of information that may mislead a policyholder about the coverage she or he has. The amended sections expand the protection of policyholders and other claimants from unfair claims settlement practices and permit the agency to take action on single violations of the regulation. Three commenters objected to the breadth of the definition of insurer in sec.21.203. They said the proposed definition included claims adjusters and they argued there was no legislative intent evidenced to subject them to this regulation. Seven commenters objected to the deletion of the requirement that any unfair claim settlement practices must be committed with a frequency that would indicate a general business practice before the defined practice would be considered an unfair claims settlement practice. They recommended it be amended to require the act be intentional. Six commenters objected to the amendments to sec.21.203(10). They said that the deletion of non-waiver agreements would interfere with settlement of claims. They said the new language exceeded statutory authority by requiring the provision of counsel prior to determination of coverage. Nine commenters objected to the deletion of "reasonable" in sec.21.203(12) in setting the standard for which an offer of settlement should be judged with reference to representations previously made by the insurer. They argued that the change would inhibit insurers from offering settlements since there would be no standard. Five commenters objected to the amendment to sec.21.203(12) and the definition of advertisement. They were concerned that the expansion of the material that could influence a person's expectations would lead to increased litigation. They also objected to subparagraph (G) in the definition of advertisement because of its vagueness. Four commenters objected to the addition of a violation of Insurance Code, Article 21.55, as a defined act in the regulation. They argued that this was unnecessary duplication of regulation and was punitive. Three commenters objected to the deletion of language in sec.21.204 requiring complaints to be substantially out of line as a basis for this agency to require reports. They said the changes were inconsistent with the intent of Insurance Code, Article 21.21-2. Two commenters said there would be increased costs for persons who are required to comply with the regulation. They said the new regulation would require increased paperwork and the standard of a single act being a violation would increase litigation costs. Commenting against some of the amendments were Texas Claims Association, Houston Claims Association, Texas Farm Bureau Insurance Companies, State Farm Insurance Companies, Alliance of American Insurers, National Association of Independent Insurers, Texas Legal Reserve Officials Association, Texas Life Insurance Association, Association of Fire and Casualty Companies, Chubb Group of Insurance Companies, and Cigna Companies. Consumers Union commented for the sections. The board agrees that insurers should not include claims adjusters licensed by the agency. The definition of insurer is changed to include only those insurers listed in the Insurance Code, Article 21.21-2, sec.7, and health maintenance organizations under certain conditions. The board believes the legislature intended for the Board to delete the frequency standard from the regulation when it was deleted from the statute. The board disagrees with the comments regarding sec.21.203(10). The goal ofparagraph 10 is to assure prompt resolution of the issue of coverage of a claim. The amendments to paragraph (10) minimize the potential for abuse of devices designed to allow the settlement process to proceed when coverage is in question. The language concerning providing counsel to the insured is not adopted. The board agrees that the standard to judge offers of settlement should be a reasonable person, therefore that change is not adopted. The board believes consumers should not be strictly limited to certain material on which they must base their understanding of what their insurance coverage is, as they are under the existing rule. The amended rule will generally approximate all the information an insurance company will use to persuade a consumer to buy insurance from them. The definition of advertising in sec.21.202 of this title is incorporated by reference. The board believes a violation of the Insurance Code, Article 21.55 should be defined as an unfair claims settlement practice since that law sets a standard for the payment of claims. The board believes the deletion of language in sec.21.204 requiring complaints to be substantially out of line as a basis for this agency to require reports is appropriate since the commitment of one unfair claims settlement practice is a violation of the regulation. The deletion of adjusters from the definition of insurer will eliminate any new paperwork requirement under this regulation. Compliance with the regulation will avoid litigation costs. The amendments are adopted under the Insurance Code, Article 21.21-2, which provides the State Board of Insurance with the authority to adopt regulations defining unfair claims settlement practices. sec.21.202. Definitions. The following words or terms when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. Business day-A day other than a Saturday, Sunday, or holiday recognized by this state. Claim-A request or demand reduced to writing and filed by a Texas resident with an insurer for payment of funds or the providing of services under the terms of a policy, certificate, or binder of insurance. Claimant-A person making or having made a claim. Complaint-Any written communication, not solicited by an insurer, primarily expressing a grievance relating to an unfair claims settlement practice as defined in sec.21.203 of this title (relating to Unfair Claims Settlement Practices). First-party coverage -Benefits and other rights provided by an insurance contract to an insured. Insurer-Stock and mutual life, health, accident, fire, casualty, fire and casualty, hail, storm, title, and mortgage guarantee companies; mutual assessment companies; local mutual aid associations; local mutual burial associations; statewide mutual assessment companies; stipulated premium companies; fraternal benefit societies; group hospital service organizations; county mutual insurance companies; Lloyds; reciprocal or interinsurance exchanges; health maintenance organizations operating under Insurance Code, Chapter 20A, for claims made by enrollees for reimbursement of payments for emergency and out of area covered services; and farm mutual insurance companies. Policyholder-The owner of a policy, certificate, or binder of insurance, and any insured, named insured, or obligee under a bond. Third-party coverage -Benefits and other rights provided by an insurance contract to any person other than the insured. sec.21.203. Unfair Claim Settlement Practices. No insurer shall engage in unfair claim settlement practices. Unfair claim settlement practices means committing or performing any of the following: (1) (No change.) (2) failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under its policies, provided that "pertinent communications" shall exclude written communications that are direct responses to specific inquiries made by the insurer after initial report of a claim. An acknowledgement within 15 business days is presumed to be reasonably prompt; (3)-(5) (No change.) (6) failure of any insurer to maintain a complete record of all complaints which it has received during the preceding three years or since the date of its last examination by the Commissioner of Insurance, whichever time is shorter. This record must indicate the total number of complaints, their classification by line of insurance, the nature of each complaint, the disposition of these complaints, and the time it took to process each complaint. A record of such complaints maintained in substantially the form as indicated on Consumer Complaint Record will be presumed to be in compliance with this requirement, but Consumer Complaint Record shall not be considered as the exclusive method to record such complaints. A copy of Consumer Complaint Record may be obtained from the Consumer Services Division, (111-1A), P.O. Box 149091, Austin 78714-9091; (7)-(9) (No change.) (10) failing to affirm or deny coverage of a claim to a policyholder within a reasonable time. The reasonable submission of a reservation of rights letter by an insurer to a policyholder within a reasonable time is deemed compliance with the provisions of this paragraph. (11) (No change.) (12) attempting to settle a claim for less than the amount to which a reasonable person would have believed she/he was entitled by reference to an advertisement, as described in sec.21.102 of this title (relating to scope); made by an insurer or person acting on behalf of an insurer; (13)-(17) (No change.) (18) a violation of Insurance Code, Article 21.55 by an insurer subject to its provisions; (19) requiring a claimant, as a condition of settling a claim, to produce the claimant's federal income tax returns for examination or investigation by the insurer unless the claimant is ordered to produce those tax returns by a court of competent jurisdiction, the claim involves a fire loss, or the claim involves a loss of profits or income. sec.21.204. Special Claim Reports and Statistical Plan. If it should be found by the Texas Department of Insurance based on complaint or complaints of unfair claim settlement practices as described in sec.21.203 of this title (relating to Unfair Claims Settlement Practices), that an insurer should be subjected to closer supervision with respect to such practices, it may require such insurer to file a report at such periodic intervals as the department deems necessary. Such periodical reports shall contain the following information: (1)-(5) (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 29, 1992. TRD-9210343 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: August 19, 1992 Proposal publication date: May 29, 1992 For further information, please call: (512) 463-6327 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety Chapter 3. Traffic Law Enforcement Traffic Supervision 37 TAC sec.3.62 The Texas Department of Public Safety adopts an amendment to sec.3.62, concerning regulations governing transportation safety, without changes to the proposed text as published in the May 1, 1992, issue of the Texas Register (17 TexReg 3134). The adoption of this amendment is necessary to ensure the public that a motor carrier is in compliance with all statutes and regulations pertaining to safe transportation of persons, property, and hazardous materials. The adoption of this amendment adds subsection (e) which will clarify the authority of the Department to inspect the safety records of a motor carrier subject to the regulations adopted under Texas Civil Statutes, Article 6701d, sec.139. A public hearing was held on May 26, 1992, at which no one appeared to comment. No written comments were received regarding adoption of this amendment. The amendment is adopted under Texas Civil Statutes, Article 6701d, sec.139, which provide the Public Safety Commission with the authority to adopt such regulations as may be deemed necessary for the safe operation of 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 24, 1992. TRD-9210336 James R. Wilson Director Texas Department of Public Safety Effective date: August 19, 1992 Proposal publication date: May 1, 1992 For further information, please call: (512) 465-2000 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 48. Community Care for Aged and Disabled In-Home and Family Support Program 40 TAC sec.48.2702, sec.48.2705 The Texas Department of Human Services (DHS) adopts amendments to sec.48. 2702 and sec.48.2705, without changes to the proposed text as published in the June 12, 1992, issue of the Texas Register (17 Tex Reg 4239). The justification for the amendment to sec.48.2702 is to simplify the application process. The justification for the amendment to sec.48.2705 is to make the bid procedure consistent with state purchasing bid requirements. The amendments will function by making policy clearer and providing faster services to applicants. No comments were received regarding adoption of the amendments. The amendments are 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 July 28, 1992. TRD-9210288 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: September 1, 1992 Proposal publication date: June 12, 1992 For further information, please call: (512) 450-3765 Part V. Veterans Land Board Chapter 175. General Rules of the Veterans Land Board 40 TAC sec.175.23 The Veterans Land Board adopts new sec.175.23, concerning county committees, with changes to the proposed text as published in the May 12, 1992, issue of the Texas Register (17 TexReg 3459). The change is found in subsection (b) where the phrase "the county in," was inadvertently omitted. Under the new section, each applicant is required to submit a copy of his or her application to the county committee in the county in which the land is located. Each veteran applicant may also be required to submit a copy of his or her application to the county committee in the county of his or her residence. In addition, should a county committee delay in submitting its report to the Veterans Land Board, the chairman, executive secretary, or assistant executive secretary may waive the requirement of receiving that report. The new section was adopted to streamline and speed up the loan process. As adopted the new section will require each veteran applicant to submit his or her application to only one county committee, unless requested to do otherwise. It will also allow for the waiver of receiving a county committee report when such report is not received in a timely fashion. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Natural Resources Code, sec.161. 061 and sec.161.063, which provides the Veterans Land Board with the authority to adopt rules that it considers necessary or advisable to ensure the proper administration of the Veterans Land Program. sec.175.23. County Committees. (a) There is appointed by the commissioners court of each county a committee of three resident real property owners. Upon application for a loan through the Veterans Land Program, each applicant shall also submit a copy of his or her application to the county committee in the county in which the land is located. This committee shall consider the forms and submit a report to the board as to the amount the committee considers to be the reasonable value of the land in question, the financial responsibility and credit rating of the veteran applicant, if known, and a statement of opinion as to whether or not the transaction is bona fide. (b) If the property which the veteran applicant wishes to purchase is in a county different from the veteran applicant's home county, the chairman of the board, executive secretary, or assistant executive secretary, may also require each applicant to submit a copy of his or her application to the county committee in the county in which the veteran resides, for review. This committee shall submit a report concerning the financial responsibility and credit rating of the veteran applicant, if known, and a statement of opinion as to whether or not the transaction is bona fide. (c) Should the county committee in any county be nonfunctioning, or should a county committee fail to submit its report to the board within a reasonable length of time, the chairman, executive secretary, or assistant executive secretary may waive the requirement of receiving said report. 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 27, 1992. TRD-9210291 Garry Mauro Chairman Veterans Land Board of the State of Texas Effective date: August 18, 1992 Proposal publication date: May 12, 1992 For further information, please call: (512) 463-5019 Part XXVIII. Texas Child Care Development Board Chapter 631. Standards for State Agency Employee Child Care Facilities 40 TAC sec.631.1, sec.631.2 The Texas Child Care Development Board adopts new sec.631.1, and sec.631.2, concerning standards for state agency employee child care facilities, with changes to the proposed text as published in the April 7, 1992, issue of the Texas Register (17 TexReg 2461). The Child Care Development Board adopts the following rules to comply with the statutory directives to develop and administer a program to provide child care services for state employees; to set specific performance standards for child care services under the program; and to prescribe the number of children a facility may serve. The sections are adopted to require state employee child care facilities to meet high quality standards that will assure the safety and well-being of all children in the care of these programs. It is further intended that these standards will promote interagency cooperation in the development of child care services and will maximize the benefit of state dollars expended for the purpose of child care. The sections require any state employee child care facilities developed to comply with minimum quality standards set by the board. The board also requires state agencies to conduct a thorough needs assessment to determine the feasibility of developing child care services; to report child care development activity to the board; and to maximize interagency cooperation. The Texas Department of Transportation; and Austin Families Inc. commented against adoption of the new sections. Concerning sec.631.1(b), the Texas Department of Transportation's comment relates to the department's status as a state agency whose facilities are not operated by the General Services Commission. The department suggests that the board's statutory authority relates only to agencies under GSC and, therefore, TxDOT should be exempt from any rules promulgated by the board. The board disagrees with this comment. Texas Civil Statutes, Article 6252-3e, sec.3 directs the board to develop and administer a program to provide child care services for state employees and provides that the board by rule may establish methods to administer and supervise the program. This language reflects the primary grant of authority to the board, which is broad in scope and intended to cover child care services for all state employees. Concerning sec.631.2(c)-(e), the Department of Transportation requests that this section be rewritten to provide more flexibility. The board agrees with this comment. The board has done so, allowing each agency to determine the need and feasibility of establishing child care centers based on criteria set by the board. TxDOT also bases its objections to the board's proposed rules on what the department perceives to be a conflict between the board's rules and Rider 41 to the department's appropriation in Article I of the General Appropriations Act. The board disagrees because an appropriations rider may not enact or amend general law. To the extent, if any, that Rider 41 conflicts with Article 6252- 3e, the rider does not effectively amend the statute. Concerning sec.631.2(f), the Department of Transportation objects to this section as being too vague. The board disagrees with this comment. The board believes that this section's requirement that the center must meet high quality standards, taken in context with the accompanying subsections, provides a clear indication of minimum quality standards that must be maintained in a state employee child care facility. The Department of Transportation requests that sec.631.2(f)(1) be reworded to eliminate the unnecessary burden for agencies required to use CCDB contracts. While the board strongly recommends that agencies use the forms that have been developed through collaborative efforts of several state offices, the language has been amended to allow agencies to use their own contracts. Concerning sec.631.2(g), the Department of Transportation objects to the requirement that a state employee child care center must establish a minimum enrollment to ensure financial viability of the center. The board disagrees with this comment. The board is concerned that any center opened to serve the children of state employees remain open and financial viability is one of the key factors affecting the ability to maintain service to employees. Concerning sec.631,2(h), Austin Families Inc. and the Department of Transportation object to the language limiting the use of consultants to obtain advice and services in the area of child care. The board agrees and therefore this language has been deleted. The new sections are adopted under Texas Civil Statutes, Article 6252-3e, which provides the Texas Child Care Development Board with the authority to develop and administer a program to provide child care services for state employees. sec.631.1. Purpose. (a) Quality child care for all children is a critical need for Texas families. In 1989, the legislature established the Texas Child Care Development Board to develop and administer a program to provide child care services for state employees. The board is composed of the governor, lieutenant governor, attorney general, state treasurer, comptroller, and commissioner of the General Land Office. (b) The Child Care Development Board is required by statute to set specific performance standards for child care services under the program and to prescribe the number of children a facility may serve. The board by rule may establish methods to administer and supervise the program. (c) It is the intent of the Child Care Development Board to maximize child care options for state employees and to establish the state as a model employer in the area of child care. sec.631.2. Standards and Procedures. (a) State agencies shall comply with standards set by the Texas Child Care Development Board in order to ensure quality and to minimize administrative costs. The board will work with agencies to plan and develop facilities that maximize the use of available resources in meeting state employees' needs. (b) State agencies should notify the Child Care Development Board as early as possible of interest in establishing a center. (c) Each agency or group of agencies that intends to establish a child care center must submit an implementation plan to the board for approval before proceeding with implementation. (d) The implementation plan must include: (1) a survey which defines the need for a center by determining: (A) the number of state employees with children of child care age; (B) the number of state employees with children of child care age who are interested in using the center; (C) the lack of available private facilities; (D) the lack of available private facilities that meet quality standards; (2) a strategy for interagency cooperation to maximize the use of state resources and facilities; (3) provisions for meeting high quality standards; and (4) the proposed use of consultants, if any. (e) No consultant or provider contract may be finalized unless and until it has been approved by the board included as part of an implementation plan. (f) Any reports, surveys, research materials, or other documents developed by consultants shall be made available to the Child Care Development Board upon completion and to other agencies upon request. (g) Any revision to the implementation plan must be approved by the board. (h) Each center must meet high quality standards. (1) Providers must comply with all federal, state, municipal, and other laws, codes, ordinances, rules, and regulations applicable to its operations. (2) All centers established by state agencies must become accredited by the National Association for the Education of Young Children. (3) The Child Care Development Board will assist state agencies in all stages of the process of establishing a child care center, including, but not limited to, needs assessment; bids; contracts; leases; and provider selection. (i) Any child care facility established for state employees must establish a minimum enrollment to ensure financial viability of the center. 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 23, 1992. TRD-9210242 Mary E. Fero Secretary Texas Child Care Development Board Effective date: August 17, 1992 Proposal publication date: April 7, 1992 For further information, please call: (512) 463-2172 Texas Department of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's Note: As required by the Insurance Code, Article 5.96 and 5. 97, the Texas Register publishes notices of actions taken by the State Board of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure and Texas Register Act. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the State Board of Insurance, 333 Guadalupe, Austin. ) The State Board of Insurance of the Texas Department of Insurance in Docket Number R-1906, July 15, 1992, adopted amendments to Rule 48 of the Texas Automobile Rules and Rating Manual (the manual) and to the Automobile Liability Experience Rating Plan (the plan). The proposed amendments are primarily to implement the removal of a qualified entity (as that expression is used in the current Manual and Plan) from having any role in experience rating functions. Many of the functions that are currently performed by a qualified entity will be performed by insurers, and other such functions will be performed by the department through these proposals. The amendments to Manual Rule 48 and the Plan are adopted to be effective on and after 12:01 a.m., January 1, 1993. For further information or to request copies of the board order, please contact Angie Arizpe at (512) 322-4147 (refer to Reference Number A-0692-30-I). This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure and Texas Register 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 July 28, 1992. TRD-9210273 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: August 19, 1992 For further information, please call: (512) 463-6327