Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 16. ECONOMIC REGULATION Part IV. Texas Department of Licensing and Regulation Chapter 60. Texas Commission of Licensing and Regulation Subchapter C. Fees 16 TAC sec.60.64, sec.60.66 The Texas Department of Licensing and Regulation adopts on an emergency basis new sec.60.64 and sec.60.66, concerning fees established in the employers of certain temporary common workers program and the registration of property tax consultants. These sections are adopted on an emergency basis to protect the public and comply with the requirements of Article 8886 to register all property tax consultants by September 1, 1992. Application forms cannot be mailed to prospective registrants until the commission fees are approved and filed in the commission's rules. The new sections are adopted on an emergency basis under Texas Civil Statutes, Article 9100, which provide the Texas Commission of Licensing and Regulation with the authority to set fees to cover the cost of administering programs regulated by the department. sec.60.64. Employers of Certain Temporary Common Workers. (a) The fee for the initial license and each renewal is $300. (b) This fee is not refundable. sec.60.66. Property Tax Consultants. (a) Original registration. (1) The application fee for a property tax consultant is $100. (2) The application fee for a senior property tax consultant is $150. (3) The refundable registration fee for a property tax consultant is $50. (4) The refundable registration fee for a senior property tax consultant is $75. (b) Renewal. (1) The application fee for renewing a property tax consultant's registration is $25 and the registration fee is $125 for a total of $150. (2) The application fee for renewing a senior property tax consultant's registration is $25 and the registration fee is $125 for a total of $150. (3) A late renewal fee of $50 will be charged for renewal applications postmarked between midnight of the date of expiration and midnight of the 30th day after the expiration. From the 31st day after expiration until one year, an additional $50 will be charged. (c) Duplicate registration. A $25 fee will be charged for issuing a duplicate registration. (d) Examination. (1) A $150 fee will be charged for each examination. (2) This fee is refundable in accordance with sec.66.61 of this title (relating to Responsibility of Department-Examinations). (e) License upgrade. A registrant who is licensed as a property tax consultant and who subsequently qualifies as a senior property tax consultant will be charged a renewal 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. (f) Recognized private provider fee. (1) A nonrefundable $125 application fee shall be paid by an applicant for the designation of recognized private provider. (2) Applicants for recognized private provider shall pay an annual education provider's fee of $75 which shall be refunded if the commissioner does not or ceases to recognize the provider's educational program or course offerings. Issued in Austin, Texas, on July 24, 1992. TRD-9210215 Jack W. Garison Acting Executive Director Texas Department of Licensing and Regulation Effective date: July 27, 1992 Expiration date: November 24, 1992 For further information, please call: (512) 463-3127 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- 66.85, 66.90, 66.91 The Texas Department of Licensing and Regulation (department) adopts on an emergency basis an amendment to sec.66.1 and new sec.sec.66.10, 66.20-66.23, 66.60, 66.61, 66.70, 66.71, 66.80-66.85, 66.90, and 66.91, concerning the registration of property tax consultants. These sections are adopted on an emergency basis because the department has determined that adoption of the sections as soon as possible is in the public interest and is necessary to comply with the requirement of Texas Civil Statutes, Article 8886, to register all property tax consultants by September 1, 1992, to ensure that property tax consultants meet education, professional, and ethical standards. Proposed rules regarding the registration of property tax consultants were published in the May 12, 1992, issue of the Texas Register (17 TexReg 3445) and public hearings were held in Houston, Dallas, and Austin. The amendment and new sections are adopted on an emergency basis under Texas Civil Statutes, Articles 8886 and 9100, which provide the department with the authority to regulate property tax consultants. sec.66.1. Authority. These
    [The] rules [in this chapter] are promulgated under the authority of the Registration
      of Property Tax Consultants Act, Texas Civil Statutes, Article 8886, and [the Texas Department of Licensing and Regulation Act,] Texas Civil Statutes, Article 9100. 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. Real estate property tax consultant-An individual who performs property tax consulting services in connection with property that is real property only and who has registered under Texas Civil Statutes, Article 8886, sec.2(f), and who on and after February 1, 1995, is employed by or under the supervision of a senior property tax consultant. 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 Requirements 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 Revised 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 registration 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. (g) Individuals who are registered under Texas Civil Statutes, Article 8886, sec.2(f) may not perform property tax consulting services for compensation in connection with a property that is not real property. 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. Fees-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.66.81. Fees-Renewal. (a) The application fee for renewing a property tax consultant's registration is $25 and the registration fee is $125 for a total of $150. (b) The application fee for renewing a senior property tax consultant's registration is $25 and the registration fee is $125 for a total of $150. (c) The application fee for renewing a senior property tax consultant's registration is $25 and the registration fee is $125 for a total of $150. (d) A late renewal fee of $50 will be charged for renewal applications postmarked between midnight of the date of expiration and midnight of the 30th day after the expiration. From the 31st day after expiration until one year, an additional $50 will be charged. sec.66.82. Fees-Duplicate Registration. A $25 fee will be charged for issuing a duplicate registration. sec.66.83. Fees-Examination. (a) A $150 fee will be charged for each examination. (b) This fee is refundable in accordance with sec.66.61 of this title (relating to Responsibility of Department-Examinations). sec.66.84. Fees-Registration Upgrade. A registrant who subsequently qualifies as a senior property tax consultant will be charged an upgrade application 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.66.85. Recognized Private Provider Fee. (a) A nonrefundable $125 application fee shall be paid by an applicant for the designation of recognized private provider. (b) Applicants for recognized private provider shall pay an annual education provider's fee of $75 which shall be refunded if the commissioner does not or ceases to recognize the provider's educational program or course offerings. sec.66.90. Sanctions-Administrative Sanctions/Penalties. If a person violates the Act, or a rule or order adopted or issued by the commissioner relating to the Act, the commissioner may institute proceedings to impose administrative sanctions and/or recommend administrative penalties in accordance with Texas Civil Statutes, Article 9100 and 16 TAC, Chapter 60. sec.66.91. Sanctions-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. Issued in Austin, Texas, on July 24, 1992. TRD-9210213 Jack W. Garison Acting Executive Director Texas Department of Licensing and Regulation Effective date: July 27, 1992 Expiration date: November 24, 1992 For further information, please call: (512) 463-3127 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 98. HIV and STD Control Subchapter C. Texas HIV Medication Program General Provisions 25 TAC sec.98. 104, sec.98.105 The Texas Department of Health (department) adopts on an emergency basis amendments to sec.98.104, sec.98.105, concerning the Texas HIV Medication Program. The sections implement the provisions of the Communicable Disease Prevention and Control Act, Health and Safety Code, sec.sec.85.061-85. 066, concerning the establishment of an HIV Medication Program in Texas. The program assists hospital districts, local health departments, public or non-profit hospitals and clinics, nonprofit community organizations, and HIV infected individuals in the purchase of medications approved by the board that have been shown to be effective in reducing hospitalizations due to HIV related conditions. Generally, the sections cover eligibility for participation and medication coverage. The amendments expand coverage of the program to include the drugs Acyclovir and Zalcitabine for eligible participants and the procedures for administering the drugs. The amendments are adopted on an emergency basis in order to expeditiously provide medications to HIV infected individuals. It is imperative to address this serious and imminent threat to public health and safety by providing approved medications as soon as possible. The amendments also are being proposed for permanent adoption in this issue of the Texas Register. The emergency amendments are adopted under the Communicable Disease Prevention and Control Act, Health and Safety Code, s85.063, which provides the Texas Board of Health with the authority to adopt rules concerning a Texas HIV Medication Program; sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the Commissioner of Health; and Texas Civil Statutes, Article 6252-13a, sec.5, which provides the board with authority to adopt emergency rules. sec.98.104. Medication Coverage. (a)-(h) (No change.) (i) Acyclovir capsules must be provided in increments of 100, not to exceed 200 per month. Acyclovir suspension must be provided in 473 ml. bottles of 200 mg./mi., not to exceed two bottles per month. Acyclovir powder for injection must be provided in 500 mg. vials, not to exceed 2-10 ml. vials per month. (j) Zalcitabine tablets must be provided in increments of 100 not to exceed 100 tablets per month. sec.98.105. Drug Specific Eligibility Criteria. A person is eligible for: (1)-(4) (No change.) (5) Immune Globulin Intravenous (Human) if he or she is diagnosed with HIV infection and is younger than 18 years of age; [and] (6) Fluconazole if he or she has an established cryptococcal infection and for prophylaxis after diagnosis;
          [.] (7) Acyclovir for the treatment of acute herpectic infections and chronic suppressive therapy for the treatment of recurrent disease; and (8) Zalcitabine in combination with zidovudine is indicated for the treatment of adult patients with advanced HIV infection (CD4 cell count less than or equal to 300) who have demonstrated significant clinical or immunologic deterioration. Issued in Austin, Texas, on July 27, 1992. TRD-9210261 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: July 27, 1992 Expiration date: November 24, 1992 For further information, please call: (512) 458-7357 TITLE 31. NATURAL RESOURCE AND CONSERVATION Part I. General Land Office Chapter 8. Gas Marketing Program 31 TAC sec.sec.8.1-8.10 The General Land Office is renewing the effectiveness of the emergency adoption of new sec.sec.8.1-8.10, for a 60-day period effective August 1, 1992. The text of new sec.sec.8.1-8.10 was originally published in the April 10, 1992, issue of the Texas Register (17 TexReg 2535). Issued in Austin, Texas on July 28, 1992. TRD-9210290 Ruby Simpson Administration Program Specialist General Land Office Effective date: August 1, 1992 Expiration date: September 30, 1992 For further information, please call: (512) 463-5019