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 87. Notary Public Notary Public Appointments The Office of the Secretary of State adopts amendments to sec.sec.87.2, 87.4, 87.5, 87.22, 87.23, 87.43, and 87.48, concerning the notice of expiration and application for appointment as a notary public for the State of Texas, the appointment by the secretary of state, the notice of expiration by the secretary of state, the completion and execution of the bond and oath of office form, the qualification with the secretary of state, good cause, and other disciplinary action. Section 87.22 and sec.87.43 are adopted with changes to the proposed text as published in the July 24, 1992, issue of the Texas Register (17 TexReg 5177). Sections 87.2, 87.4, 87.5, 87.23, and 87.48 are adopted without changes and will not be republished. The amendments are necessary in order to eliminate obsolete language as well as to perform housekeeping tasks pertaining to the rules. Additionally, sec.87.48 is amended to reflect the recent changes in the rules of practice and procedure before the secretary of state and the rules of procedure for the new State Office of Administrative Hearings. The change in sec.87.22 clarifies the information that the surety company is to provide on the notary bond form. The change in sec.87.43 eliminates redundant language pertaining to the notary seal. The amendments will provide individuals with a clarification of the procedure for application and reapplication (renewals) for appointment as a notary public and for qualification after the approval of the application. Further, the public will be provided with revised examples of "good cause," as that term is used in the Notary Public Act, Texas Government Code Annotated sec.sec.406.001-406.024 (Vernon 1990), which reflect the latest changes to the Act. Finally, updated procedures contained in the notary public rules that are based on changes to the rules of practice and procedure before the secretary of state and the State Office of Administrative Hearings will be made available to the public. No comments were received regarding adoption of the amendments. 1 TAC sec.sec.87.2, 87.4, 87.5 The amendments are adopted under Texas Civil Statutes, Article 6252-13a, sec.4(a)(1), and the Texas Government Code, sec.406.023(a), which provides the secretary of state with the authority to prescribe and adopt rules. 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 September 11, 1992. TRD-9212592 Audrey Selden Assistant Secretary of State Office of the Secretary of State Effective date: October 7, 1992 Proposal publication date: July 24, 1992 For further information, please call: (512) 463-5558 Notary Public Qualifications 1 TAC sec.sec.87.21 The Office of the Secretary of State adopts the repeal of sec.87.21, concerning the notice of appointment, bond, and oath of office for notaries public pursuant to the Notary Public Act, Texas Government Code Annotated, sec.sec.406.001-406.024 (Vernon 1990), without changes to the proposed text as published in the July 24, 1992, issue of the Texas Register (17 TexReg 5178). The repeal is necessary in order to reflect the current policy of the secretary of state regarding the duplication of notary public bond and oath of office forms by individuals and companies outside the Office of the Secretary of State. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 6252-13a, sec.4(a) (1), and the Texas Government Code, sec.406.023(a), which provides the secretary of state with the authority to prescribe and adopt rules. 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 September 11, 1992. TRD-9212595 Audrey Selden Assistant Secretary of State Office of the Secretary of State Effective date: October 7, 1992 Proposal publication date: July 24, 1992 For further information, please call: (512) 463-5558 1 TAC sec.87.22, sec.87.23 The amendments are adopted under Texas Civil Statutes, Article 6252-13a, sec.4(a)(1), and the Texas Government Code, sec.406.023(a), which provides the secretary of state with the authority to prescribe and adopt rules. sec.87.22. Completion and Execution of the Bond and Oath of Office Form. (a) The bond and oath of office form will be completed as follows. (1)-(4) (No change.) (5) The appointed notary public will sign in the space provided for signature for the principal in the form in which appointed. The surety officer or an attorney-in-fact for an insurance or bonding company will sign in the space provided and give the surety company's Texas Department of Insurance license number. (6) (No change.) (7) The notary public will take the oath of office before a notary public or other qualified officer and sign in the space provided for signature in the form in which appointed. Both the initial qualification as well as renewals require the referenced oath of office. 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 September 11, 1992. TRD-9212593 Audrey Selden Assistant Secretary of State Office of the Secretary of State Effective date: October 7, 1992 Proposal publication date: July 24, 1992 For further information, please call: (512) 463-5558 Rejection and Revocation 1 TAC sec.sec.87.43 The amendment is adopted under Texas Civil Statutes, Article 6252-13a, sec.4(a)(1), and the Texas Government Code, sec.406.023(a), which provides the secretary of state with the authority to prescribe and adopt rules. sec.87.43. Good Cause. (a) Good cause as stated in sec.87.41 of this title (relating to Rejection of Application and Revocation of Commission) may include, but not be limited to, the following: (1)-(6) (No change.) (7) a failure by the notary public to utilize a correct notary seal as described in the Notary Public Act, sec.406.013; (8)-(9) (No change.) (10) the execution of any certificate as a notary public containing a statement known to the notary public to be false; (11) a failure to complete the acknowledgement at the time the notary public's signature and seal are affixed to the document; (12) the advertising in any manner whatsoever that the notary public is an immigration specialist, immigration consultant, or any other title or description reflecting an expertise in immigration matters; (13) the use of false or misleading advertising of either an oral or written nature, whereby the notary public has represented or indicated that he or she has duties, rights, powers, or privileges that are not possessed by law; (14) taking an acknowledgment when the person whose signature is acknowledged did not personally appear before the notary at the time of taking the acknowledgment; (15) previous disciplinary action against the notary public in accordance with these sections; and (16) a failure to comply with, or violation of, a previous disciplinary action taken pursuant to sec.87.48 of this title (relating to Other Disciplinary Action). (b)-(d) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 11, 1992. TRD-9212594 Audrey Selden Assistant Secretary of State Office of the Secretary of State Effective date: October 7, 1992 Proposal publication date: July 24, 1992 For further information, please call: (512) 463-5558 Administrative Action 1 TAC sec.sec.87.48 The amendment is adopted under Texas Civil Statutes, Article 6252-13a, sec.4(a)(1), and the Texas Government Code, sec.406.023(a), which provides the secretary of state with the authority to prescribe and adopt rules. 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 September 11, 1992. TRD-9212596 Audrey Selden Assistant Secretary of State Office of the Secretary of State Effective date: October 7, 1992 Proposal publication date: July 24, 1992 For further information, please call: (512) 463-5558 TITLE 4. AGRICULTURE Part II. Texas Animal Health Commission Chapter 49. Equine 4 TAC sec.49.2 The Texas Animal Health Commission adopts an amendment to sec.49.2, concerning interstate movement requirements, without changes to the proposed text as published in the July 3, 1992, issue of the Texas Register (17 TexReg 4723). The amendment is necessary to extend the time that an EIA test is valid, thus reducing the costs to the producer who plans to move horses into the state. All horses entering the state are required to be tested for EIA within 12 months, rather than six months, prior to entry into the state with an AGID or CELISA test for equine infectious anemia. Favorable comments were received from two individuals saying they believe it is in the best interests of the public that this agency and the Racing Commission have the same timeframes within which an EIA test is valid. Comments from two more individuals were also received against the amendment saying they believe lessening the length of time the test is valid will weaken the regulations. The agency agreed that the amendment was in the best interests of the public for this agency and the Racing Commission to have the same timeframes within which an EIA test is valid; and disagreed that by lessening the length of time the EIA test is valid will weaken the regulation. The amendment is adopted under the Agriculture Code, Texas Civil Statutes, Chapter 161, which provides the commission with the authority to adopt rules and sets forth the duties of this commission to control disease. 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 September 11, 1992. TRD-9212545 Terry Beals, DVM Executive Director Texas Animal Health Commission Effective date: October 9, 1992 Proposal publication date: July 3, 1992 For further information, please call: (512) 479-6697 TITLE 7. BANKING AND SECURITIES Part VI. Credit Union Department Chapter 91. Chartering, Operations, Mergers, Liquidations Organization Procedures 7 TAC sec.91.206 The Credit Union Commission adopts an amendment to sec.91.206, concerning the conditions under which the commissioner has the authority to approve and make available to credit unions standard bylaw amendments, without changes to the proposed text as published in the April 17, 1992, issue of the Texas Register (17 TexReg 2664). There needs to be a standardization of the wording for common bylaw amendments to assure clarity in bylaws and efficiency of processing such amendments. Standard bylaw amendments will be developed when warranted. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Civil Statutes, Article 2461-11.07, which provide the Credit Union Commission with the authority to adopt reasonable rules necessary for the administration of the Texas Credit Union 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 September 11, 1992. TRD-9212475 John R. Hale Commissioner Credit Union Department Effective date: October 5, 1992 Proposal publication date: April 17, 1992 For further information, please call: (512) 837-9236 Loans 7 TAC sec.91.708 The Credit Union Commission adopts new sec.91.708, concerning late charges for delinquent loan payments, without changes to the proposed text as published in the April 17, 1992, issue of the Texas Register (17 TexReg 2664). Adequate controls need to be established by credit unions to ensure the reasonableness of late charges. Credit unions will be required to strengthen controls over late charges. One comment was received from Public Employee Credit Union recommending that the current rule remain. This recommendation was considered but not acted upon. The new section is adopted under the Texas Civil Statutes, Article 2461-11. 07, which provide the Credit Union Commission with the authority to adopt reasonable rules necessary for the administration of the Texas Credit Union 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 September 11, 1992. TRD-9212476 John R. Hale Commissioner Credit Union Department Effective date: October 5, 1992 Proposal publication date: April 17, 1992 For further information, please call: (512) 837-9236 TITLE 16. ECONOMIC REGULATION Part II. Public Utility Commission of Texas Chapter 21. Practice and Procedure Orders 16 TAC sec.21.151 The Public Utility Commission of Texas adopts an amendment to sec.21.151, concerning service of final decisions, without changes to the proposed text as published in the June 19, 1992, issue of the Texas Register (17 TexReg 4418). The amendment to sec.21.151 will conform the commission's procedural rules to the requirements of the Administrative Procedure and Texas Register Act. Comments were received from Houston Lighting and Power Company, El Paso Electric Company, and Texas Statewide Telephone Cooperative, Inc. (TSTCI). Houston Lighting and Power Company proposed that the amended rule should provide that all final decisions or orders of the commission shall set forth the effective date of the decision. HL&P stated that including the effective date of the order would enable parties to know when motions for rehearing must be filed. HL&P's proposal has not been adopted because under the Administrative Procedure and Texas Register Act (APTRA), the time for filing motions for rehearing dates from the date of mailing the final order or decision. State law requires the commission to use procedures for handling mail that do not allow the commission to know with certainty the date of mailing of final decisions and orders. The commission believes parties should rely on the postmark to determine deadlines for filing motions for rehearing. El Paso Electric Company supported the proposed changes. TSTCI supported the proposed amendments, but expressed concern about the section's presumption that a party notified by mail of a final decision or order is considered to have been notified on the date the notice is mailed. TSTCI requested clarification that the presumption is a rebuttable one which could be overcome by creditable evidence. The amended section incorporates the presumption of notification on the date of mailing which is contained in APTRA, sec.16(b). The commission will interpret the amended section consistent with APTRA, sec.16(b). The amendment is adopted under Texas Civil Statutes, Article 1446c, sec.16, which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction. 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 September 11, 1992. TRD-9212496 John M. Renfrow Secretary Public Utility Commission of Texas Effective date: October 5, 1992 Proposal publication date: June 19, 1992 For further information, please call: (512) 458-0100 Ancillary Proceedings and Proceedings Beyond the Order 16 TAC sec.21.161 The Public Utility Commission of Texas adopts an amendment to sec.21.161, concerning practice and procedure, without changes to the proposed text as published in the June 19, 1992, issue of the Texas Register (17 TexReg 4418). The amendment to sec.21.161 will conform the commission's procedural rules to the requirements of the Administrative Procedure and Texas Register Act. Comments were received from El Paso Electric Company and Texas Statewide Telephone Cooperative, Inc. (TSTCI). El Paso Electric Company supported the proposed changes. TSTCI supported the proposed amendments, but expressed concern about the section's provisions for notification of final decisions and orders by mail because of the presumption that a party notified by mail of a final decision or order is considered to have been notified on the date the notice is mailed. The amended section incorporates the presumption of notification on the date of mailing which is contained in the Administrative Procedure and Texas Register Act, sec.16(b). The amendment is adopted under Texas Civil Statutes, Article 1446c, sec.16, which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction. 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 September 11, 1992. TRD-9212497 John M. Renfrow Secretary Public Utility Commission of Texas Effective date: October 5, 1992 Proposal publication date: June 19, 1992 For further information, please call: (512) 458-0100 TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 75. Curriculum Subchapter E. Well-balanced Curriculum 19 TAC sec.75.142 The Texas Education Agency (TEA) adopts an amendment to sec.75.142, concerning a well-balanced secondary curriculum, without changes to the proposed text as published in the June 23, 1992, issue of the Texas Register (17 TexReg 4512). The amendment was adopted on an emergency basis in the July 24, 1992, issue of the Texas Register (17 TexReg 5173). In attempting to raise performance standards and levels of expectations for all students, the State Board of Education (SBOE) found that below-level courses tend to isolate low-performing students and minimize expectations of them. The amendment establishes a schedule for phasing out below-level courses for high school graduation purposes. Westwood High School and the Association of Texas Professional Educators commented in favor of phasing out below-level courses, but expressed concern about the transition plan for implementation of the phaseout. The Texas Association for Children and Adults with Learning Disabilities, the Richardson Education Advocates for Dyslexia, the Improving Dyslexia Education Alliance, and one individual commented against the proposed phaseout, expressing concern for special education students. In response to these comments, the State Board of Education has established a task force on the phaseout of low-level high school courses to address concerns about a transition plan, staff development training, and special education students. The task force includes representatives from special education, dyslexia education, and the curriculum areas of English language arts and reading, mathematics, and science. The amendment is adopted under Texas Education Code, sec.21.101, which authorizes the State Board of Education to promulgate rules prescribing the subjects and essential elements that comprise a well-balanced curriculum. 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 September 16, 1992. TRD-9212614 Criss Cloudt Director, Policy Planning and Evaluation Texas Education Agency Effective date: October 7, 1992 Proposal publication date: June 23, 1992 For further information, please call: (512) 463-9701 Chapter 175. Proprietary Schools and Veterans Education Subchapter E. Minimum Standards for Operation of Texas Proprietary Schools 19 TAC sec.175.127 The Texas Education Agency (TEA) adopts an amendment to sec.175.127, concerning minimum standards for operation of proprietary schools, without changes to the proposed text as published in the June 23, 1992, issue of the Texas Register (17 TexReg 4513). The amended section will help the TEA ensure that granting a certificate of approval means that a school will remain open and offer a quality program during the period stated on the license. Under the current rule, a school must demonstrate its financial stability by submitting a year-end financial statement of the owner that reflects a positive net worth and a current ratio of one-to- one. The amendment to sec.175.127 exempts from these requirements a school owned by a publicly held corporation operating under the supervision of a federal bankruptcy court with acceptable administration of the federal student loan and grant program. Comments expressing concern about the scope of the amendment were received from: Bish Mathis Institute, Longview and Tyler; CDI Career Development Institute, Dallas and Houston; Southeastern Academy, Kissimmee, Florida; and a member of the Proprietary School Advisory Commission. The TEA does not believe the amendment should be broadened in scope to allow more schools to operate with questionable financial support. Administrative procedures to deny or revoke a school's license to operate could allow the school to continue operating for up to nine months from the date it receives notification of the requirements. This is ample time for the school to demonstrate financial stability. Moreover, although a change in school ownership could delay federal funding, this would not necessarily cause a cash flow problem. The owner of the school could have anticipated the potential liability and be adequately capitalized to fund the school operation. The amendments are adopted under Texas Education Code, sec.32.22, which authorizes the State Board of Education to adopt policies, regulations, and rules necessary for carrying out the provisions of the Texas Proprietary School 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 September 16, 1992. TRD-9212613 Criss Cloudt Director, Policy Planning and Evaluation Texas Education Agency Effective date: October 7, 1992 Proposal publication date: June 23, 1992 For further information, please call: (512) 463-9701 TITLE 22. EXAMINING BOARDS Part XVI. Texas State Board of Physical Therapy Examiners Chapter 323. Powers and Duties of the Board 22 TAC sec.323.3 The Texas State Board of Physical Therapy Examiners adopts an amendment to sec.323.3, concerning adoption of rules, without changes to the proposed text as published in the June 2, 1992, issue of the Texas Register (17 TexReg 3958). This rule gives the board the flexibility to propose rules throughout the year, rather than only at one meeting. This rule allows proposed rules to be made at any board meeting throughout the year. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512e, sec.3(e), which provide the Texas State Board of Physical Therapy with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the 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 September 10, 1992. TRD-9212493 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: October 5, 1992 Proposal publication date: June 2, 1992 For further information, please call: (512) 443-8202 Chapter 339. Fees 22 TAC sec.339.2, sec.339.3 The Texas State Board of Physical Therapy Examiners adopts amendments to sec.339.2 and sec.339.3, concerning fees, application, and license, without changes to the proposed text as published in the June 2, 1992, issue of the Texas Register (17 TexReg 3958). Due to rising processing costs, the board passed a motion to raise the fees to possibly decrease expenditures from the general revenue fund. It will raise the application and temporary fees by $10 each. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4512e, sec.3(e), which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the 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 September 10, 1992. TRD-9212492 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: October 5, 1992 Proposal publication date: June 2, 1992 For further information, please call: (512) 443-8202 Chapter 341. License Renewal 22 TAC sec.341.6, sec.341.7 The Texas State Board of Physical Therapy Examiners adopts new sec.341.6 and sec.341.7, concerning restoration of license and notification of impending license expiration, without changes to the proposed text as published in the June 2, 1992, issue of the Texas Register (17 TexReg 3958). The purpose of these sections is to incorporate the Texas Physical Therapy Practice Act, sec.15(c)-(f) in the rules. Section 341.6 names the restoration fee and clarifies that upon restoration the renewal month stays the same as it was originally. Section 341.7 clarifies and alerts the licensees to their responsibility to renew their licenses whether or not they receive a renewal notice. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 4512e, sec.3(e), which provide the Texas State Board of Physical Therapy with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the 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 September 10, 1992. TRD-9212494 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: October 5, 1992 Proposal publication date: June 2, 1992 For further information, please call: (512) 443-8202 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 15. Medicaid Eligibility Subchapter A. General Information The Texas Department of Human Services (DHS) adopts amendments to sec.sec.15.100, 15.435, 15.441, and 15.442, in its Medicaid Eligibility (ME) chapter. The amendment to sec.15.435 is adopted with a change to the proposed text as published in the July 28, 1992, issue of the Texas Register (17 TexReg 5277). The amendments to sec. sec.15.100, 15.441, and 15.442 are adopted without changes and will not be republished. The justification for the amendments is to comply with federal regulations titled "Resources and Exclusions; Exclusion From Resources of Funds Set Aside for Burial and Burial Spaces." The amendments will function by providing compliance with the federal regulations and consistent application of policy statewide. One comment was received concerning the proposal. The commenter suggested that DHS clarify sec.15.435(h)(4)(B) by adding a reference to sec.15.431, which defines transfer of resources. DHS agrees with the comment and has added the suggested reference. 40 TAC sec.15.100 The amendment is 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 September 14, 1992. TRD-9212509 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: October 15, 1992 Proposal publication date: July 28, 1992 For further information, please call: (512) 450-3765 Subchapter C. Basic Program Requirements The Texas Department of Human Services (DHS) adopts amendments to sec.sec.15.305, 15.442, 15.465, and 15.500 in its Medicaid Eligibility chapter. The amendment to sec.15. 442 is adopted with a change to the proposed text as published in the June 30, 1992, issue of the Texas Register (17 TexReg 4674). The amendments to sec. sec.15.305, 15.465, and 15.500 are adopted without changes and will not be republished. The justification for the amendment to sec.15.305 is to state that the client is not required to apply for federal, state, local, or private programs based on need, or private sources of income, as a condition of Medicaid eligibility. The justification for the amendment to sec.15.442 is to clarify that the department does not include dividend additions with the face value of a life insurance policy to determine if the policy is an excluded resource. The justification for the amendment to sec.15.465 is to clarify that the $20 general income exclusion does not apply to 1929(b) cases. The justification for the amendment to sec.15.500 is to state that the department determines Medicaid eligibility for clients who apply for or have their eligibility redetermined under home and community-based waiver programs. The amendments will function by eliminating the client's requirement to make an unnecessary application for other program benefits, providing for uniform application of policy, and correcting references to department programs that allow for program expansion without frequent amendments to rules. No comments were received regarding adoption of the amendments. However, DHS is adopting sec.15.442 with minor editorial corrections concerning life insurance dividends. 40 TAC sec.15.305 The amendment is 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 September 14, 1992. TRD-9212511 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: October 15, 1992 Proposal publication date: June 30, 1992 For further information, please call: (512) 450-3765 Subchapter D. Resources 40 TAC sec.sec.15.435, 15.441, 15.442 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. sec.15.435. Liquid Resources. (a)-(g) (No change.) (h) Prepaid burial contracts. The amount that a client would receive upon revocation or liquidation of his prepaid burial contract is considered an available resource. (1) Burial space items can be excluded only when the contract has been paid in full; or the contract specifies that burial space items are paid before funeral service items, and the refund value equals or exceeds the value of burial space items specified in the contract. Otherwise, the amount paid toward the contract is treated as burial funds. If the contract has been paid in full or if the contract specifies that burial space items are paid first, burial space items must be separately itemized in the contract for the exclusion to apply. (2) A refund value is considered an available resource. (3) A refund penalty, often 10%, may be assessed for cancellation of a contract. (4) If life insurance is used to fund a burial contract, the client owns a life insurance policy. The contract has no value and is merely an instrument that explains the burial arrangement. Because the client purchased insurance and not the actual funeral service or merchandise items that may be listed in a burial arrangement, the client does not own the funeral service or merchandise items. The burial space items are not excluded. Some burial arrangements funded with life insurance have the life insurance ownership or proceeds assigned to a funeral director or home or a trust-type instrument. These assignments may be either revocable or irrevocable. (A) Revocable assignment. If the assignment is revocable, the life insurance cash value is an accessible resource. Therefore, if the face value exceeds $1,500, the cash value is a countable resource. The burial space items are not excluded, but the $1,500 designated burial fund exclusion may apply. (B) Irrevocable assignment. If assignment of ownership is irrevocable, the life insurance is not a resource because it is no longer owned by the client. The prepaid burial contract also is not a resource because it has no value independent of the life insurance policy. If the terms of the contract itemize the burial space items that have been purchased, the value of those items is disregarded in determining the amount of the irrevocable arrangement that reduces the $1,500 allowable burial fund exclusion. Irrevocable assignment of life insurance policy ownership to the funeral home or director or to a trust- type instrument is not a transfer of resources, as that term is defined in sec.15.431 of this title (relating to Transfer of Resources-July 1, 1988, and After). (i)-(m) (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 September 14, 1992. TRD-9212510 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: October 15, 1992 Proposal publication date: July 28, 1992 For further information, please call: (512) 450-3765 40 TAC sec.15.442 The amendment is 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. sec.15.442. Personal Property. (a)-(b) (No change.) (c) Life insurance. If the total face value of life insurance policies owned by a client (or spouse, if any) is $1,500 or less per person, the department does not consider as a resource the value of the life insurance. If the total face value of all life insurance policies owned by a client, eligible spouse, or ineligible spouse whose resources are deemed to the client are more than $1, 500 per insured person, the cash surrender values of the policies are resources. The department does not include dividend additions with the face value of a life insurance policy to determine if the policy is excluded as a resource. A life insurance policy is a resource available only to the owner of the policy, regardless of whom it insures. (d)-(h) (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 September 14, 1992. TRD-9212512 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: October 15, 1992 Proposal publication date: June 30, 1992 For further information, please call: (512) 450-3765 Subchapter E. Income 40 TAC sec.15.465 The amendment is 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 September 14, 1992. TRD-9212513 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: October 15, 1992 Proposal publication date: June 30, 1992 For further information, please call: (512) 450-3765 Subchapter F. Budgets and Payment Plans 40 TAC sec.15.500 The amendment is 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 September 14, 1992. TRD-9212514 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: October 15, 1992 Proposal publication date: June 30, 1992 For further information, please call: (512) 450-3765 Chapter 19. Long-Term Care Nursing Facility Requirements for Licensure and Medicaid Certification Subchapter D. Admission, Transfer, and Discharge Rights 40 TAC sec.19.302 The Texas Department of Human Services (DHS) adopts amendments to sec.sec.19.302, 19.810, 19.1401, and 19.1503. The amendment to sec.19.810 is adopted with a change to the proposed text as published in the July 31, 1992, issue of the Texas Register (17 TexReg 5344). The amendments to sec.sec.19.302, 19.1401, and 19.1503 are adopted without changes and will not be republished. The justification for the amendments is to clarify existing policy concerning duties of certified respiratory care practitioners, tuberculosis screening of employees and residents, transfer and discharge, and a statutory reference to the Americans with Disabilities Act. The amendments will function by improving care for residents of nursing facilities. No comments were received regarding adoption of the amendments; however, DHS is adopting sec.19.810(k) with a minor editorial correction. The amendment is 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 September 14, 1992. TRD-9212515 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: November 1, 1992 Proposal publication date: July 31, 1992 For further information, please call: (512) 450-3765 Subchapter I. Nursing Services 40 TAC sec.19. 810 The amendment is 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. sec.19.810. Nursing Practices. (a)-(j) (No change.) (k) When suctioning is necessary for a resident, it must be done by certified respiratory care practitioners, licensed nurses, or physicians. (l) (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 September 14, 1992. TRD-9212516 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: November 1, 1992 Proposal publication date: July 31, 1992 For further information, please call: (512) 450-3765 Subchapter O. Infection Control 40 TAC sec.19.1401 The amendment is 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 September 14, 1992. TRD-9212518 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: November 1, 1992 Proposal publication date: July 31, 1992 For further information, please call: (512) 450-3765 Subchapter P. Physical Plant and Environment 40 TAC sec.19.1503 The amendment is 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 September 14, 1992. TRD-9212517 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: November 1, 1992 Proposal publication date: July 31, 1992 For further information, please call: (512) 450-3765 Chapter 79. Legal Services Subchapter E. Advisory Committees 40 TAC sec.sec.79. 402-79.405 The Texas Department of Human Services (DHS) adopts amendments to sec.sec.79.402-79.405 in its Legal Services chapter. Sections 79.402-79.404 are adopted with changes to the proposed text as published in the April 7, 1992, issue of the Texas Register (17 TexReg 2456). sec.79.405 is adopted without changes and will not be republished. The amendments are justified because they improve service delivery through involvement of citizen advisory committees. The amendments will function by providing a list of advisory committees and their procedures for operation to the general public. The department received two comments regarding adoption of the amendments. The Hospital Payment Advisory Committee recommended that instead of specifying individual state agencies who serve as ex-officio board members, the wording be broadened to encompass appointments of appropriate state agency ex-officio members as needed. The department agrees, has changed sec.79.403(d) accordingly, and has similarly changed sec.79.403(e), concerning the Adolescent Pregnancy and Parenthood Advisory Council, and sec.79.404(c), concerning the Client Self- Support Services Advisory Council. The Family Planning Interagency Advisory Council recommended that a position be designated for the Texas Family Planning Association. The department disagrees with the recommendation, believing that the many interested parties will be better served by permitting flexibility to broaden representation and rotate membership. A minor editorial change was made to sec.79.402 to clarify the authority for reimbursement of transportation expenses and per diem allowance for advisory committee members. Changes were made to sec.79.403(d)(3)(B), sec.79.403(e)(3)(E), and sec.79.404(c)(3)(B) concerning ex-officio membership on the committees. Section 79.403(e)(3)(B) was changed to reflect the current name of a state agency. A minor editorial change was made to Section 79.403(e)(3)(C) to clarify qualifications of certain people or groups relating to the Adolescent Pregnancy and Parenthood Advisory Board. Section 79.404(b) was changed to reflect the current name of the advisory committee. Minor editorial changes for clarity or consistency were made to sec.sec.79.404(d)(1), 79.404(d)(2), 79. 404(f)(2), 79.404(g)(2), 79.404(h)(2), and 79.405(2)(D). The amendments are adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs, Chapter 44, which authorizes the department to administer federal and state day care programs, and Chapter 52, which authorizes the department to administer school age pregnancy programs. sec.79.402. Advisory Committees. (a) (No change.) (b) General structure. (1) An advisory committee includes, depending on its special area of interest, members representing the general public, service providers, consumers, concerned state agencies, and other groups with knowledge of or interest in the committee's field of work. (2) Members are appointed by the Texas Board of Human Services, at the recommendation of the commissioner of the Texas Department of Human Services. (3) (No change.) (4) Unless otherwise specified by law, members receive no compensation but are entitled to reimbursement for transportation expenses and the per diem allowance for state employees according to the General Appropriations Act and as specified in the Human Resources Code, sec.22.009(f) and (g). sec.79.403. Mandated Advisory Committees. (a) State Advisory Committee on Child Care Administrators and Facilities. (1) (No change. ) (2) Responsibilities. The committee: (A) (No change.) (B) advises the department, the Licensing Department, and other state agencies about problems related to child-care administrators, child-care facilities, and child-placing agencies; and (C) reviews the Licensing Department's annual report. (3) Structure. (A) (No change.) (B) Committee members serve two-year terms set by statute. Terms are rotating with approximately half the committee membership rotating off service each year. Members may be considered for one reappointment. (C) The committee includes an advisory subcommittee on child-care administration, with subcommittee members appointed by the board at the recommendation of the commissioner. This subcommittee, which meets at the same time as its parent advisory committee, advises the board about the licensing of child-care administrators and about the content of the examination administered to applicants for licenses. Subcommittee members are appointed from the membership of the full committee. (b) Medical Care Advisory Committee. (1)-(2) (No change.) (3) Structure. (A) The committee has 15 members, with a representative balance of service providers, consumers, the commissioner or designee from the Texas Department of Health, the commissioner or designee from the Texas Department of Mental Health and Mental Retardation, and other people or groups with knowledge of or interest in the Medical Assistance Program or other aspects of health care for needy Texans. (B) The medical director of the department's purchased health services contractor serves as an ex officio member. (C) Appointments are made by the board, in compliance with the requirements of the federal agency administering medical assistance. Members from the Texas Department of Health and Texas Department of Mental Health and Mental Retardation are appointed by respective commissioners. (D) Members serve four-year rotating terms, with approximately one-fourth of the committee membership rotating off service each year. State agency members serve as long as directed by their commissioner, and the ex officio member serves as long as the board directs him to do so. (E) (No change.) (c) Council for Social Work Certification. (1)-(2) (No change.) (3) Structure. (A) (No change.) (B) Council members serve three-year terms set by statute. Terms are rotating with one-third of the council membership rotating off service on January 31 of each year. (d) Hospital Payment Advisory Committee. (1) Legal base. The committee's legal base is the Human Resources Code (HRC), sec.32.022(e). (2) Responsibilities. The committee advises the board and department about changes in hospital payment methodologies for inpatient hospital prospective payments and adjustments for disproportionate share hospitals that ensure reasonable, adequate, and equitable payments to hospital providers and that address the essential role of rural hospitals. (3) Structure. (A) The committee has 15 members representing rural and urban hospitals, children's hospitals, counties, and other agencies or people with knowledge and interest in hospital payment methodologies. (B) Representatives of state agencies with an interest or role in the committee's field of work serve as ex-officio members. Ex-officio members serve as long as the board directs them to do so. (C) Members serve four-year rotating terms, with approximately one-fourth of the committee membership rotating off service each year. (e) Adolescent Pregnancy and Parenthood Advisory Council. (1) Legal base. The council's legal base is HRC, sec.52.002. (2) Responsibilities. The council: (A) advises the boards of the Texas Department of Human Services, Texas Department of Health, and Texas Education Agency about adolescent pregnancy issues; (B) establishes resource networks for adolescent pregnancy education and services by coordinating policies and programs of state and local agencies; (C) reports its recommendations about adolescent pregnancy prevention to relevant state agencies and to each regular session of the legislature. (3) Structure. (A) The council is composed of 15 members. (B) Eight members represent state agencies. The state agencies represented are the attorney general's Child Support and Enforcement Division, Texas Education Agency, Texas Department of Human Services, Texas Department of Health, Texas Department of Mental Health and Mental Retardation, Texas Department of Housing and Community Affairs, Texas Department of Commerce, and Texas Employment Commission. (C) Seven members represent nongovernmental groups such as business and industry; foundations; religious groups; medical, educational, and youth-serving organizations; and other people or groups with knowledge of or an interest in adolescent pregnancy issues. (D) Council members serve four-year rotating terms with approximately one- fourth of the membership rotating off service each calendar year. (E) Representatives of other state agencies with an interest or role in the council's field of work serve as ex-officio members. Ex-officio members serve as long as the board directs them to do so. (f) Advisory Committee for Child Care Programs. (1) Legal base. The committee's legal base is HRC, sec.44.061. (2) Responsibilities. The committee: (A) advises the board and department in developing coordinated state policies for the use of federal and state funds in child care programs; (B) reviews child care policies and programs for compliance with applicable guidelines and advises the board and department concerning the results of its review; (C) assists the department in holding biennial public hearings concerning state and federal child care programs to elicit public response and recommendations regarding the quality, accessibility, and affordability of child care services. Hearings must be held in at least three separate geographical regions of the state and may be held in conjunction with other public hearings concerning child care held by the department; (D) reports annually its findings and recommendations to the board. (3) Structure. (A) The committee has 20 members representing the general public; parents, guardians, or custodians of children in child care; child care advocacy groups; operators and providers of child care programs and services representing rural and urban communities; profit and nonprofit providers of child care services representing rural and urban communities; experts in early childhood development and education; experts in child health and nutrition and other child care professionals. (B) Representatives of state agencies with an interest or role in state child care programs serve as ex-officio members. Ex-officio members serve as long as the board directs them to do so. (C) Committee members serve two-year terms set by statute. Terms are rotating with one-half of the membership rotating off service each year. Members may be considered for reappointment to one additional term. (g) Sanctions and Penalties Advisory Committee. (1) Legal base. The committee's legal base is HRC, sec.32.021. (2) Responsibilities. The committee advises the board and department about developing and monitoring a system for assessing penalties against nursing facilities for contract violations. (3) Structure. (A) The committee has 10 members representing consumer advocates and providers. (B) Committee members serve four-year rotating terms, with approximately one- fourth of the membership rotating off service each year. sec.79.404. Committees Established by the Board. (a) Religious Community Advisory Committee. (1) Legal base. The committee's legal base is the Human Resources Code (HRC), sec.22.009. (2) Responsibilities. The committee: (A) advises the board and department about issues related to the religious community and clients of religious human services providers; (B) reviews department operations and programs to find ways to strengthen and promote partnerships between the religious community and the department; and (C) disseminates information to the religious community about the department's programs and services. (3) Structure. (A) The committee has 15 members, with representation reflecting geographic, denominational, and ethnic diversity. (B) Committee members serve four-year, rotating terms, with approximately one- fourth of the membership rotating off service each year. (b) Aged and Disabled Services Advisory Committee. (1) (No change.) (2) Responsibilities. The committee advises the board and the department about developing policy, programs, and budget for the purpose of affecting immediate and long-range plans for services to the aged and persons with disabilities who are in institutional or community-based care. (3) Structure. (A) The committee has 15 members, consisting of five advocates for the aged, five advocates for people with disabilities, and five provider representatives. (B) Committee members serve four-year rotating terms, with one-fourth of the membership rotating off service each year. (c) Client Self-Support Services Advisory Council. (1) (No change.) (2) Responsibilities. The council advises the board and the department about programs administered under client self-support, including aid to families with dependent children, food stamps, Medicaid, employment services, nutrition services, and teen pregnancy prevention. (3) Structure. (A) The committee has 15 regular members, with a representative balance of service providers, and consumer advocates. (B) Representatives of state agencies with an interest or role in the council's field of work serve as ex-officio members. Ex-officio members serve until they are replaced by the agency they represent. (C) Committee members serve four-year rotating terms, with one-fourth of the membership rotating off service each year. (d) Family Planning Interagency Advisory Council. (1) Legal base. The council's legal base is HRC, sec.22.009. (2) Responsibilities. The council advises the Board of Health and Texas Department of Health staff, in addition to the Board of Human Services and Texas Department of Human Services staff, about program issues and coordination of family planning policies and services between the two agencies. (3) Structure. (A) The council has 14 members. (B) Seven members are appointed by the Board of Health and provide representation from the Texas Medical Association, Texas Nurses Association, Texas Osteopathic Medical Association, Regional Family Planning Coordinating Committees, Texas Department of Health, an urban service provider, and a consumer of family planning services. (C) Seven members are appointed by the Board of Human Services and provide representation from the Texas Education Agency, Texas Department of Human Services, rural providers, teen advocacy groups, youth-serving organizations, consumers, and other groups or persons interested in family planning services. (D) Board of Human Services appointees serve four-year, rotating terms with approximately one-fourth of the membership rotating off service each year. (e) Family Violence Advisory Committee. (1)-(2) (No change.) (3) Structure. (A) The committee has 15 regular members representing family violence providers, the legal system, law enforcement, other health and human services advocates for elderly citizens and children, and formerly battered women. (B) Committee members serve four-year, rotating terms, with approximately one- fourth of the membership rotating off service each year. (f) Child Protective Services Advisory Committee. (1) Legal base. The committee's legal base is HRC, sec.22.009. (2) Responsibilities. The committee advises the board and department about child protective issues, policies, and services provided in the program. (3) Structure. (A) The committee has 15 regular members providing for representation from the general public, service providers, consumers, minorities, concerned state agencies, and other persons or groups with knowledge of or interest in child protective services. (B) Committee members serve four-year rotating terms, with approximately one- fourth of the membership rotating off service each year. (g) County Indigent Health Care Advisory Committee. (1) Legal base. The committee's legal base is HRC, sec.22.009. (2) Responsibilities. The committee advises the board and department about county indigent health care program issues and policies, scope and utilization of services, fee allowances, program changes, and cost containment. (3) Structure. (A) The committee has 15 regular members representing client advocates, health care providers, elected county officials such as county judges, commissioners, treasurers, appointed county auditors, managers of county indigent health care programs, and other groups or persons interested in indigent health care. (B) Committee members serve four-year, rotating terms with approximately one- fourth of the membership rotating off service each year. (h) Ethics Advisory Committee. (1) Legal base. The committee's legal base is HRC, sec.22.009. (2) Responsibilities. The committee advises the board and department about existing and proposed ethics policies and development of staff training to instill in employees a strong sense of ethical obligations that come with the public trust. (3) Structure. (A) The committee has seven members representing the general public, private businesses, health care providers, the public sector, educational and religious institutions. (B) Committee members serve for two years with terms ending August 31, 1993. At that time, an assessment will be made to determine if there is need for continuing the committee. 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 September 15, 1992. TRD-9212567 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: October 15, 1992 Proposal publication date: April 7, 1992 For further information, please call: (512) 450-3765