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 IV. Office of the Secretary of State Chapter 95. Uniform Commerical Code Standard Forms 1 TAC sec.95.51 The Office of the Secretary of State adopts an amendment to sec.95.51, concerning prescribed form, without changes to the proposed text as published in the July 10, 1992, issue of the Texas Register (17 TexReg 4923). The public will benefit from the ability to file 1990 forms where automated processing systems would require modifications for 1992 format. The amendment will provide an indefinite time period for filing of the UCC forms revised September 1, 1990, subject to the standard form filing fee. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Business and Commerce Code, sec.9. 409, which provides the Office of the Secretary of State with the authority to prescribe the forms to be used in making any filing or in requesting any information under the Texas Business and Commerce Code (UCC). 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 August 12, 1992. TRD-9211084 Audrey Selden Assistant Secretary of State Office of the Secretary of State Effective date: September 3, 1992 Proposal publication date: July 10, 1992 For further information, please call: (512) 463-5701 TITLE 10. COMMUNITY DEVELOPMENT Part I. Texas Department of Housing and Community Affairs Chapter 51. Housing Trust Fund Rules 10 TAC sec.51.9, sec.51.10 The Texas Department of Housing and Community Affairs adopts amendments to sec.51.9 and sec.51.10, concerning housing trust fund rules, without changes to the proposed text as published in the June 5, 1992, issue of the Texas Register (17 TexReg 42). These amendments are adopted to amend procedures for administering the department's housing trust fund. The amendments provide procedures for allocation, by the department, of certain funds available under state laws to qualified public entities, nonprofit organizations, and persons and families. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4413 (501), which provide the Texas Department of Housing and Community Affairs with the authority to adopt rules governing the administration of the department and its 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 August 7, 1992. TRD-9211177 Susan J. Leigh Executive Director Texas Department of Housing and Community Affairs Effective date: September 4, 1992 Proposal publication date: June 5, 1992 For further information, please call: (512) 475-3917 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 145. Long-Term Care Subchapter G. Licensing and Medicaid Certification Standards for Nursing Homes. 25 TAC sec.145.111 The Texas Department of Health (department) adopts under federal mandate an amendment to sec.145.111, concerning standards for nursing homes jointly developed by the Texas Department of Health and the Texas Department of Human Services (TDHS) that apply to licensure and Medicaid certification. Section 145.111, adopts by reference TDHS rules in 40 TAC sec.sec.19.1-19.2107 and was adopted in response to a legislative mandate in Senate Bill 487, sec.8, 71st Legislature, 1989. Section 8 requires the two agencies to jointly develop one set of standards for nursing homes that applies to licensure and to certification for participation in the medical assistance program under the Human Resources Code, Chapter 32, and to adopt by rule the standards and any amendments to them. The amendment to sec.145.111 will adopt by reference the federally mandated adopted amendments to the TDHS rules in 40 TAC sec.sec.19.203, 19.204, 19.217, 19.1301, and 19.1402 which were published in the August 14, 1992, issue of the Texas Register. The federal regulations offer changes in the areas of resident rights; resident funds; resident self-determination; and infection control. The amendment is adopted under federal mandate for the following reasons. The amendment provides for conformance with the Health Care Financing Administration mandated changes based on final requirements as published in the September 26, 1991, issue of the Federal Register; and the Occupational Health and Safety Administration rules effective March 3, 1992. In order to comply with the state and federal requirements and to have amendments in effect which correspond to those adopted by TDHS, the department is adopting by reference its amendments under federal mandate, effective March 3, 1992. The amendment is adopted under the Health and Safety Code, Chapter 242, which provides the Board of Health (board) with the authority to adopt rules concerning long term care facilities; Health and Safety Code, sec.12.001, which provide the board with the authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health; Texas Civil Statutes, Article 6252-13a, sec.10, which provide the board with authority to adopt rules under federal mandate; and Senate Bill 487, sec.8, 71st Legislature, 1989, which requires the department and TDHS to jointly develop one set of standards for nursing homes that applies to licensure and to certification for participation in the medical assistance program under the Human Resources Code, Chapter 32, and to adopt by rule the standards and any amendments to them. sec.145.111. Standards for Nursing Homes Jointly Developed by the Texas Department of Health and the Texas Department of Human Services that Apply to Licensure and Medicaid Certification. (a) The Texas Department of Health adopts by reference the Texas Department of Human Services rules in 40 TAC sec. sec.19.1-19.2107, concerning long term care nursing facility requirements for licensure and medicaid certification as adopted under federal mandate March 3, 1992, and as amended April 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 August 13, 1992. TRD-9211089 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: March 3, 1992 For further information, please call: (512) 458-7709 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter L. Motor Fuels Tax 34 TAC sec.3.171 The Comptroller of Public Accounts adopts new sec.3.171, concerning records required; information required, without changes to the proposed text as published in the July 10, 1992, issue of the Texas Register (17 TexReg 4942). The new section is necessary to advise distributors, suppliers, and dealers of the records necessary for the sale of diesel fuel and gasoline. The new section states the records needed by interstate truckers and users of non-highway equipment using gasoline and diesel fuel and the penalties for failure to keep the required records. No comments were received regarding adoption of the new section. The new section is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt and enforce rules relating to the admistration and enforcement of the provisions of the Tax Code, Title 2. 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 August 13, 1992. TRD-9211079 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: September 3, 1992 Proposal publication date: July 10, 1992 For further information, please call: (512) 463-4028 Subchapter O. State Sales and Use Tax 34 TAC sec.3.326 The Comptroller of Public Accounts adopts the repeal of sec.3.326, concerning liability incurred by purchase of a business, without changes to the proposed text as published in the July 10, 1992, issue of the Texas Register (17 TexReg 4944). The section became unnecessary when the sales tax information contained in it was incorporated into 34 TAC sec.3.7 covering all taxes. No comments were received regarding adoption of the repeal. The repeal is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. 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 August 13, 1992. TRD-9211107 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: September 3, 1992 Proposal publication date: July 10, 1992 For further information, please call: (512) 463-4028 Chapter 9. Property Tax Administration Subchapter A. Practice and Procedure 34 TAC sec.9.17, sec.9.19 The Comptroller of Public Accounts adopts new sec.9.17 and sec.9.19, concerning notice of effective and rollback tax rates and notice of public hearing to increase tax rates. Section 9.19 is adopted with changes to the proposed text as published in the June 30, 1992, issue of the Texas Register (17 TexReg 4672). Section 9.17 is adopted without changes and will not be republished. Changes occur in Form 26.04 and were made to correct an error in wording. The new sections are necessary because Senate Bill 351, as amended by House Bill 1298, 72nd Legislature, 1991, and House Bill 93, 72nd Legislature, 1991, required changes in these notices. The new sections reflect changes in the rollback rate calculation for a school district and a county. In addition, the 72nd Legislature, 1991, Second Called Session, transferred responsibility for adopting property tax rules to the comptroller effect November 24, 1991. No comments were received regarding adoption of the new sections. The new sections are adopted under the Tax Code, sec.26.06(g), which requires the comptroller to prescribe the langauge and format to be used in the notice of pulbic hearing on tax increase and sec.26.04, which requires the comptroller to prescribe the form for publishing notice of effective and rollback tax rates. sec.9.19. Notice of Effective and Rollback Tax Rates. (a) A taxing unit shall use the form and wording of model Form 26.04 in publishing the notice of effective tax rate and other information required to be published by the Tax Code, sec.26.04(e). A county may modify the model form by inserting additional columns of effective and rollback rate calculations for each type of tax the county levies. A form so modified must also state the total effective and rollback tax rates for the county. (b) The type size used in the notice may not be smaller than eight points. (c) Notice for taxing units may be combined, provided each meets the requirements of subsection (b) of this section. (d) Model Form 26.04 is adopted by reference. (e) Copies may be obtained from the Comptroller of Public Accounts, Property Tax Division, 4301 Westbank Drive, Building B, Suite 100, Austin, Texas 78746- 6565. 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 August 14, 1992. TRD-9211190 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: September 4, 1992 Proposal publication date: June 30, 1992 For further information, please call: (512) 463-4028 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 91. Discipline and Control Due Process Hearings Procedures 37 TAC sec.91.31 The Texas Youth Commission (TYC) adopts an amendment to sec.91.31, concerning Level I hearing procedure, without changes to the proposed text as published in the July 3, 1992, issue of the Texas Register (17 TexReg 4738). The amendment to the section will bring about more timely hearings procedures. The amendment states that a delay of more than seven days in scheduling a Level I hearing for a youth in TYC custody must be justified by documentation of circumstances which made it unavoidable to schedule the hearing earlier. No comments were received regarding adoption of the amendment. The amended section is adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its function. 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 August 11, 1992. TRD-9211070 Ron Jackson Executive Director Texas Youth Commission Effective date: September 3, 1992 Proposal publication date: July 3, 1992 For further information, please call: (512) 483-5244 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part II. Texas Rehabilitation Commission Chapter 115. Memoranda of Understanding with Other State Agencies 40 TAC sec.115.10 The Texas Rehabilitation Commission adopts new sec.115.10, concerning memoranda of understanding with other state agencies, without changes to the proposed text as published in the July 10, 1992, issue of the Texas Register The section concerning agreement whereby the Texas Commission on Alcohol and Drug Abuse (TCADA) and the Texas Rehabiliation Commisison (TRC) provides for sharing of lists of approved programs, exempt and licensed facilities, and awards to adult treatment providers. The section provides the public with information on the TCADA and TRC agreement to share lists of approved programs, exempt and licensed facilities, and awards to adult treatment providers. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Human Resources Code, Title 7, which provides the Texas Rehabiliation Commission with the authority to make regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, investigation, and determination for hearings, and other regulations necessary to carry out the purposes of this chapter. 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 August 14, 1992. TRD-9211180 William B. Churchill Assistant Commissioner for Legal Services Division Texas Rehabiliation Commission Effective date: September 4, 1992 Proposal publication date: July 10, 1992 For further information, please call: (512) 483-4052