Proposed Sections 
 Before an agency may permanently adopt a new or amended section, or repeal an 
existing section, a proposal detailing the action must be published in the Texas 
Register at least 30 days before any action may be taken. The 30-day time period 
gives interested persons an opportunity to review and make oral or written 
comments on the section. Also, in the case of substantive sections, a public 
hearing must be granted if requested by at least 25 persons, a governmental 
subdivision or agency, or an association having at least 25 members. 
 Symbology in proposed amendments. 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 22. EXAMINING BOARDS 
 Part XXX. Texas State Board of Examiners of Professional Counselors 
  Chapter 681. Professional Counselors 
  
  Subchapter E. Experience Requirements for Examination and Licensure 
 
  The Texas State Board of Examiners of Professional Counselors, with the 
approval of the Texas Board of Health, proposes amendments to sec.sec.681.83, 
681.84, and 681.174, concerning licensed professional counselors. These sections 
cover supervisor requirements, other conditions for supervised experience, and 
types of acceptable continuing education. 
 The amendments establish criteria for acceptable supervisor training, clarify 
employment settings for interns, and clarify language concerning acceptable 
continuing education. 
 Kathy Craft, executive secretary, Texas State Board of Examiners of 
Professional Counselors, has determined that for the first five-year period the 
sections are in effect there will be no fiscal implications for state or local 
government as a result of enforcing or administering the sections. 
 Ms. Craft also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be that counseling interns will receive a more consistent form 
of supervised experience ensuring a higher quality of counseling services. There 
is no anticipated economic cost to small or large businesses. There may be some 
cost to persons to comply with the sections as proposed depending on their 
present educational background. Persons presently meeting the new requirements 
will not experience any costs. Persons needing the 40 additional hours will 
experience costs for the additional course work. There is no effect on local 
employment. 
 Written comments on the proposal may be submitted to Kathy Craft, Executive 
Secretary, Texas State Board of Examiners of Professional Counselors, 1100 West 
49th Street, Austin, Texas 78756, (512) 834-6658. Comments will be accepted for 
30 days following the date of publication in the Texas Register. 
   
  22 TAC sec.sec.681.83-681.84 
 
  The amendments are proposed under Texas Civil Statutes, Article 4512g, sec.6, 
which provide the Texas State Board of Examiners of professional counselors, 
subject to the approval of the Texas Board of Health, with the authority to 
revise rules that are necessary to administer the Licensed Professional 
Counselor Act; and the Health and Safety Code, 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. 
 
 
  sec.681.83. Supervisor Requirements. 
 
  (a) A supervisor acceptable to the board must be one of the following: 
 
  (1) a person licensed by the board or a person licensed as a counselor in 
another state [who has the academic training and experience or specialty 
designation to supervise the counseling services being provided by a counseling 
intern]; 
   
  (2) a person licensed or certified by this state or any other state in a 
profession that provides counseling [with the academic training and experience 
to supervise the counseling services offered by the intern]. This person may be 
a licensed psychologist, a licensed physician with board certification as a 
psychiatrist, or a certified social worker advanced clinical practitioner. The 
person must submit to the board proof of licensure and certification, official 
graduate transcripts, and other appropriate documentation; or 
   
  (3) (No change.) 
     
  (b) A supervisor under subsection (a)(1) or (2) of this section must have met 
the following requirements. 
 
  (1) (No change.) 
   
  (2) A person who begins the supervision of a counseling intern on or after 
January 1, 1995, <nl>shall meet <ol> [in addition to] the requirements stated in 
paragraph (1) of this subsection <nl>and must have completed one of the 
following:<ol> [must have completed 40 clock hours of training in the 
supervision of counseling services through an accredited graduate course, 
training program, or clinical supervision provided by a person who meets the 
requirements of this section.]: 
 
  <nl>(A) successful completion of an examination offered for certification as a 
counselor supervisor or current certification as a counselor supervisor by a 
nationally recognized counseling association acceptable to the board; 
   
  <nl>(B) current certification in clinical supervision by a nationally 
recognized counseling association acceptable to the board; 
   
  <nl>(C) 40 clock hours of training in the supervision of counseling or mental 
health services through one or a combination of the following: 
 
  <nl>(i)<nl> a graduate course taken for credit at an accredited college or 
university; 
   
  <nl>(ii)<nl> continuing education programs meeting the requirements of 
sec.681.174 of this title (relating to types of Acceptable Continuing 
Education); or 
   
  <nl>(iii) <nl> clinical supervision of the proposed supervisor by a person: 
 
  <nl>(I) licensed by the board or as a counselor in another state; or 
   
  <nl>(II) licensed or certified by this state or another state as a mental 
health professional that would be acceptable under subsection (a)(2) of this 
section; 
       
  <nl>(D) a doctoral degree in counseling or a related field which was designed 
to train the person to provide direct services to individuals or groups in a 
counseling relationship in the resolution of personal-social, educational, or 
occupational problems. The degree must have been awarded before January 1, 1995, 
by a university described in the academic requirements for examination and 
licensure in sec.681.62(a) or (b) of this title (relating to General); or 
   
  <nl>(E) provided at least three years of clinical supervision in counseling of 
another person(s) through a university described in  s681.62(a) or (b) of this 
title or a mental health facility licensed, accredited, or otherwise 
credentialed by the federal, state, or local government or a nationally 
recognized organization in the field of mental health. The three years must have 
been completed before January 1, 1995. 
     
  <nl>(3) The 40 clock hours shall include at least the following: 
 
  <nl>(A) defining and conceptualizing supervision and models of supervision for 
at least three clock hours; 
   
  <nl>(B) supervisory relationship and counselor development for at least three 
clock hours; 
   
  <nl>(C) supervision methods and techniques for at least 12 clock hours 
covering roles (teacher, counselor, and consultant), focus (process, 
conceptualization, and personalization), group supervision, multicultural 
supervision (racial and ethnic issues and gender issues), and evaluation 
methods; 
   
  <nl>(D) ethical, legal and professional issues for at least 12 clock hours 
covering rules for supervision and standards of practice (Subchapter B of this 
chapter (relating to The Practice of Counseling);  s681. 82 of this title 
(relating to Experience Requirements); and this section should be included.), 
other codes of ethics, and ethical and legal dilemmas; and 
   
  <nl>(E) executive and administrative tasks for at least three clock hours 
covering supervision plan and contract, time for supervision and recordkeeping 
and reporting. 
     
  <nl>(4) At the time of application for a license, a person must submit 
required documentation showing that the person's supervisor meets the 
requirements of this section. 
   
  <nl>(5)<ol> [(3)]  Evidence of a supervisor meeting the requirements of this 
section may be submitted with a supervision contract or with the board's 
approved supervised experience documentation form. After July 1, 1996, 
applicants for license must apply for supervisory approval at the time of 
application. Approved supervisors shall be listed on the roster of supervisors 
prepared by the board. Credentials must be submitted with the roster application 
form. 
     
  (c) (No change.) 
 
     
  sec.681.84. Other Conditions for Supervised Experience. 
 
  <nl>(a)  A person may be employed or used in his or her supervisor's private 
practice of counseling as part of the person's internship.<ol> [A person who has 
commenced and is in the process of completing the 24 months or 2,000 hours of 
supervised experience may not practice within his or her own private independent 
practice of counseling as part of such months or hours and may not count the 
months or hours spent in the person's private independent practice of counseling 
as part of the supervised experience; however, the person may be employed in his 
or her supervisor's private practice of counseling as part of such months or 
hours]. 
 
  <nl>(1) A person may not count the months or hours spent in the person's own 
private independent practice of counseling as part of the internship. 
   
  <nl>(2) A person may not count the months or hours spent in the practice of 
counseling when the counseling setting is owned or operated by a corporation, 
partnership, company, or other legal entity which the intern organized; which 
the intern has an ownership interest; or of which the intern is an officer, 
director, shareholder, partner, or manager. 
     
  (b)-(l) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on November 25, 1992. 
 TRD-9215831 
  Robert A. MacLean, M.D. 
 Deputy Commissioner 
 Texas Department of Health 
    Proposed date of adoption: February 13, 1993 
 For further information, please call: (512) 834-6658 
         
                 Part XXXII. State Committee of Examiners for Speech-Language 
Pathology and Audiology 
  Chapter 741. Speech-Language Pathologists and Audiologists 
  
  Subchapter A. Introduction. 
 
  The State Committee of Examiners for Speech-Language Pathology and Audiology 
proposes amendments to existing sections sec.741.2, sec.741.41, sec.741.61, 
sec.741.81, sec.741.103, sec.741.123, sec.741.162, sec.741.163, sec.741.193, 
sec.741.194,  s741.197, and sec.741.198; and proposes new sec.741.27 and 
sec.741.301 concerning speech-language pathologists and audiologists. The 
sections cover the definitions; petition for adoption of a rule; code of ethics; 
the purpose/academic requirements for examination and licensure for speech-
language pathologists; purpose/academic requirements for examination and 
licensure for audiologists; required application materials; requirements for 
licensure examinations; general requirements for license renewal; requirements 
for continuing professional education; complaint procedures; procedures for 
denying, suspending, or revoking a license; licensing of individual with 
criminal backgrounds to be speech-language pathologists, audiologists, licensed 
associates in audiology, and licensed associates in speech-language pathology; 
formal hearings; academic requirements for examination and dual licensure for 
speech-language pathologists and audiologists. 
 Dorothy Cawthon, program administrator, has determined that for the first five 
years that the sections are in effect there will be no fiscal implications to 
the state or local government as a result of enforcing or administering the 
sections as proposed. 
 Ms. Cawthon, also has determined that for each year of the first five years the 
sections as proposed are in effect the public benefit anticipated as a result of 
enforcing the sections as proposed will be to assure that the licensing and 
regulation of speech-language pathologist and audiologist continues to identify 
competent licensees by updating and clarifying the rules. There is no cost to 
small business. There is no anticipated cost to persons who are required to 
comply with the sections as proposed. There will be no impact on local 
employment. 
 Comments on the proposal may be submitted to Dorothy Cawthon, State Committee 
of Examiners for Speech-Language Pathology and Audiology, 1100 West 49th Street, 
Austin, Texas, 78756-3183, (512) 834-6627. Public comments will be accepted for 
30 days after publication of the sections in the Texas Register. 
   
  22 TAC sec.741.2 
 
  The amendment is proposed under Texas Civil Statutes (TCS), Article 4512j, 
Section 5, which provides the State Committee of Examiners for Speech-Language 
Pathology and Audiology, subject to the approval of the Texas Board of Health, 
with the authority to adopt rules consistent with Article 4512j and as necessary 
to administer and enforce the Act; and the Health and Safety Code, 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. The amendment will 
affect Texas Civil Statutes, Article 4512j, sec.5. 
 
 
  sec.741.2. Definitions.  The following words and terms when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise. 
   
   Aide-A licensed associate in speech-language pathology or audiology [or a 
generally licensed communication helper]. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on November 30, 1992. 
 TRD-9215954 
  Robert A. MacLean, M.D. 
 Deputy Commissioner 
 Texas Department of Health 
    Proposed date of adoption: February 13, 1993 
 For further information, please call: (512) 834-6627 
         
           
  Subchapter B. The Committee. 
 
  22 TAC sec.741.27 
 
  The new section is proposed under Texas Civil Statutes (TCS), Article 4512j, 
sec.5, which provide the State Committee of Examiners for Speech-Language 
Pathology and Audiology, subject to the approval of the Texas Board of Health, 
with the authority to adopt rules consistent with Article 4512j and as necessary 
to administer and enforce the Act; and the Health and Safety Code, 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. The amendment will 
affect Texas Civil Statutes, Article 4512j, sec.5. 
 
 
  sec.741.27. Petition for adoption of a rule. 
 
  (a) Purpose. The purpose of this section is to delineate the committee's 
procedures for the submission, consideration, and disposition of a petition to 
the committee to adopt a rule. 
   
  (b) Submission of the petition. 
 
  (1) Any person may petition the committee to adopt a rule. 
   
  (2) The petition shall be in writing; shall state the petitioner's name, 
address, and telephone number; and shall contain the following: 
 
  (A) a brief explanation of and justification for the proposed rule; 
   
  (B) the text of the proposed rule prepared in a manner to indicate the words 
to be added or deleted from the current text, if any; 
   
  (C) a statement of the statutory or other authority under which the rule is to 
be promulgated; and 
   
  (D) the public benefit anticipated as a result of adopting the rule or the 
anticipated injury or inequity which could result from the failure to adopt the 
proposed rule. 
     
  (3) The petition shall be mailed or delivered to the executive secretary, 
State Committee of Examiners for Speech-Language Pathology and Audiology, 1100 
West 49th Street, Austin, Texas 78756-3183. 
     
  (c)  Consideration and disposition of the petition. 
 
  (1) Except as otherwise provided in paragraph (4) of this subsection, the 
executive secretary shall submit a completed petition to the committee for its 
consideration. 
   
  (2) Within 60 days after receipt of the completed petition by the executive 
secretary, the committee shall either: 
 
  (A)  deny the petition; 
   
  (B) initiate rule-making procedures in accordance with the Administrative 
Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, sec.5; 
or 
   
  (C) deny parts of the petition and/or institute rule-making procedures on 
parts of the petition. 
     
  (3) If the committee denies the petition, the executive secretary shall give 
the petitioner written notice of the committee's denial, including the reason(s) 
for the denial. 
   
  (4) If the committee initiates rule-making procedures in accordance with the 
APTRA, sec.5, the version of the rule which the committee proposes may differ 
from the version proposed by the petitioner. 
     
  (d) Subsequent petitions to adopt the same or similar rules. All initial 
petitions for the adoption of a rule shall be presented to and decided by the 
committee in accordance with the provisions of subsections (b) and (c) of this 
section. The committee may refuse to consider any subsequent petition for the 
adoption of the same or similar rule submitted within six months after the date 
of the initial petition. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on November 30, 1992. 
 TRD-9215953 
  Robert A. MacLean, M.D. 
 Deputy Commissioner 
 Texas Department of Health 
    Proposed date of adoption: February 13, 1993 
 For further information, please call: (512) 834-6627 
         
             
  Subchapter C. The Practice of Speech-Language Pathology and Audiology. 
 
  22 TAC sec.741.41 
 
  The amendment is proposed under Texas Civil Statutes (TCS), Article 4512j, 
sec.5, which provides the State Committee of Examiners for Speech-Language 
Pathology and Audiology, subject to the approval of the Texas Board of Health, 
with the authority to adopt rules consistent with Article 4512j and as necessary 
to administer and enforce the Act; and the Health and Safety Code, 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. The amendment will 
affect Texas Civil Statutes, Article 4512j, sec.5. 
 
 
  sec.741.41. Code of Ethics. This section [in this subchapter] establishes the 
standards of professional and ethical conduct required of a speech-language 
pathologist, an audiologist, a licensed associate in speech-language pathology, 
and a licensed associate in audiology, and constitutes a code of ethics as 
authorized by the Act, sec.17(a)(3). It is the responsibility of all licensed 
speech-language pathologists, <nl>licensed <ol> audiologists, licensed 
associates in speech-language pathology, and licensed associates in audiology to 
uphold the highest standards of integrity and ethical principles. 
 
  (1) <nl>A licensee<ol> [Licensees] shall <nl>honor his or her professional 
responsibility to each client <ol> [hold paramount the welfare of individuals 
served professionally]. 
 
  (A)  <nl>A licensee<ol> [Licensees] shall fully inform <nl>clients<ol> 
[individuals served] of the nature and possible effects of the services rendered 
by the licensee. 
   
  (B) <nl>A licensee<ol> [Licensees] shall not engage in the medical treatment 
of speech-language and hearing disorders. 
   
  (C) <nl>A licensee<ol> [Licensees] shall seek appropriate medical consultation 
whenever indicated. 
   
  (D) <nl>A licensee<ol> [Licensees] shall fully inform subjects participating 
in research or teaching activities of the nature and possible effects of these 
activities. 
   
  (E) <nl>A licensee<ol> [Licensees] shall maintain [adequate and] accurate 
records of professional services rendered. 
   
  (F) <nl>A licensee<ol> [Licensees] must not guarantee, directly or by 
implication, the results of any therapeutic procedures. A reasonable statement 
of prognosis may be made, but caution must be exercised not to mislead 
<nl>clients <ol> [individuals served professionally] to expect results that 
cannot be predicted from reliable evidence. 
   
  (G) <nl>A licensee<ol> [Licensees] must not delegate any service requiring 
professional competence of a <nl>licensee <ol> [licensed clinician] to anyone 
not licensed for the performance of that service. 
   
  (H) <nl>A licensee<ol> [Licensees] shall seek to identify competent, 
dependable referral sources for  <nl>clients<ol> [individuals served 
professionally]. 
   
  <nl>(I) A licensee shall not provide services to a client if the services can 
not be provided with reasonable skill or safety to the client. 
   
  <nl>(J) A licensee shall not provide any services which create an unreasonable 
risk that the client may be mentally or physically harmed. 
   
  <nl>(K) A licensee shall not engage in sexual contact, including intercourse, 
kissing or fondling, with a client or an associate, intern or student supervised 
by the licensee. 
   
  <nl>(L) A licensee shall not use alcohol or drugs when the use adversely 
affects or could adversely affect the licensee's provision of professional 
services. 
     
  (2)  <nl>A licensee's<ol> [Licensees'] statements to  <nl>clients<ol> 
[individuals served professionally] and to the public shall provide accurate 
information about the nature and management of communicative disorders and about 
the profession and the services rendered by <nl>the licensee <ol> [its 
practitioners]. 
 
  (A) <nl>A licensee<ol> [Licensees] shall not misrepresent <nl>his or her<ol> 
[their] training or competence. 
   
  (B)  <nl>A licensee shall not present false, misleading or deceptive 
information in any advertisement, announcement or presentation relating to the 
services of the licensee or any person supervised or employed by the licensee 
<ol> [Licensees' public statements providing information about professional 
services and products shall not contain representations or claims that are 
false, deceptive or misleading]. 
   
  (C) <nl>A licensee<ol> [Licensees] shall not use professional or commercial 
affiliations in any way that would mislead <nl>clients<ol> [individuals served 
professionally] <nl>or the public. 
   
  <nl>(D) A licensee shall bill a client or a third party only for the services 
actually rendered in the manner agreed to by the licensee and the client or the 
client's authorized representative. 
   
  <nl>(E) A licensee shall not present false, misleading or deceptive 
information in connection with an application by the licensee for employment to 
provide speech-language pathology or audiology services. 
   
  <nl>(F)  A licensee shall cooperate with the committee by furnishing required 
documents or papers and by responding to a request for information from or a 
subpoena issued by the committee or the committee's authorized representative. 
     
  (3) <nl>A licensee<ol> [Licensees] shall maintain objectivity in all matters 
concerning the welfare of <nl>clients <ol> [individuals served professionally] . 
 
  (A) <nl>A licensee<ol> [Licensees] must not participate in activities that 
constitute a conflict of professional interest. 
   
  (B) Activities that constitute a conflict of interest may include the 
following: 
 
  (i) (No change.) 
   
  (ii) lack of accuracy in the performance description of a product a licensee 
has developed; <nl>or 
   
  (iii) the restriction of freedom of choice for sources of services <nl>or <ol> 
[and/or] products. 
     
  <nl>(C) A licensee shall not use his or her professional relationship with a 
client, intern, associate or student to promote for personal gain or profit any 
item, procedure, or service unless the licensee has disclosed to the client, 
intern, associate or student the nature of the licensee's personal gain or 
profit. 
   
  <nl>(D) A licensee shall terminate a professional relationship when it is 
reasonably clear that the client is not benefiting from the services being 
provided. 
     
  <nl>(4)  A licensee shall supervise an intern or associate in accordance with 
this chapter.<ol> [Licensees shall honor the standards of the profession and 
shall uphold these standards in their professional interactions.] 
   
  (5)  <nl>A licensee<ol> [Licensees] shall inform the committee of violations 
of this code of ethics [and shall assist the committee in matters pertinent to 
professional conduct related to this code of ethics]. 
 
  <nl>(A) A licensee shall comply with any order relating to the licensee which 
is issued by the committee. 
   
  <nl>(B) A licensee shall not aid or abet the practice of an unlicensed person 
when that person is required to have a license under the Act. 
   
  <nl>(C) A licensee having cause to believe that a child's physical or mental 
health or welfare has been or may be adversely affected by abuse or neglect by 
any person shall report in accordance with the Family Code, sec.34.12. 
   
  <nl>(D) A licensee shall not interfere with a committee investigation or 
disciplinary proceeding by willful misrepresentation of facts to the committee 
or its authorized representative or by the use of threats or harassment against 
any person. 
     
  (6) <nl>A licensee<ol> [Licensees] who <nl>supervises <ol> [supervise] 
associates, interns, <nl>students<ol> or other supportive personnel <nl>is <ol> 
[are] responsible for the services to the client that may be performed by these 
individuals. The supervising professional must ensure that all services provided 
are in compliance with this chapter. 
   
  <nl>(7) A licensee shall not intentionally or knowingly offer to pay or agree 
to accept any remuneration directly or indirectly, overtly or covertly, in cash 
or in kind, to or from any person, firm, association of persons, partnership, or 
corporation for securing or soliciting patients or patronage. The provisions of 
the Health and Safety Code, sec.161.091 relating to the prohibition of illegal 
remuneration apply to licensees. 
   
  <nl>(8) A licensee who provides direct patient care must comply with the 
Health and Safety Code, Chapter 85, Subchapter I, relating to the prevention of 
the transmission of HIV or Hepatitis B virus by infected health care workers. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on November 30, 1992. 
 TRD-9215952 
  Robert A. MacLean, M.D. 
 Deputy Commissioner 
 Texas Department of Health 
    Proposed date of adoption: February 13, 1993 
 For further information, please call: (512) 834-6627 
         
             
  Subchapter D. Academic Requirements for Examination and Licensure for Speech-
Language Pathologists. 
 
  22 TAC sec.741. 61 
 
  The amendment is proposed under Texas Civil Statutes (TCS), Article 4512j, 
sec.5, which provides the State Committee of Examiners for Speech-Language 
Pathology and Audiology, subject to the approval of the Texas Board of Health, 
with the authority to adopt rules consistent with Article 4512j and as necessary 
to administer and enforce the Act; and the Health and Safety Code, 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. The amendment will 
affect Texas Civil Statutes, Article 4512j, sec.5. 
 
 
  sec.741.61. Purpose.  The purpose of this section is to delineate the academic 
requirements for examination and licensure of speech-language pathologists. 
 
  (1)-(4) (No change.) 
   
  (5) An applicant must have completed a minimum of 300 clock hours of 
supervised clinical experience with individuals who present a variety of 
communication disorders. 
 
  (A) Clinical experience may <nl>be referred to as<ol> [include] clinical 
practicum. 
   
  (B)-(D) (No change.) 
     
  (6)-(8)  (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on November 30, 1992. 
 TRD-9215951 
  Robert A. MacLean, M.D. 
 Deputy Commissioner 
 Texas Department of Health 
    Proposed date of adoption: February 13, 1993 
 For further information, please call: (512) 834-6627 
         
             
  Subchapter E. Academic Requirements for Examination and Licensure for 
Audiologists. 
 
  22 TAC sec.741.81 
 
  The amendment is proposed under Texas Civil Statutes (TCS), Article 4512j, 
sec.5, which provides the State Committee of Examiners for Speech-Language 
Pathology and Audiology, subject to the approval of the Texas Board of Health, 
with the authority to adopt rules consistent with Article 4512j and as necessary 
to administer and enforce the Act; and the Health and Safety Code, 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. The amendment will 
affect Texas Civil Statutes, Article 4512j, sec.5. 
 
 
  sec.741.81. Purpose.  The purpose of this section is to delineate the academic 
requirements for examination and licensure of audiologists. 
 
  (1)-(4) (No change.) 
   
  (5) An applicant must have completed a minimum of 300 clock hours of 
supervised clinical experience with individuals who present a variety of 
communication disorders. 
 
  (A)  Clinical experience may <nl>be referred to as<ol> [include] clinical 
practicum. 
   
  (B)-(D) (No change.) 
     
  (6)-(8) (No Change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on November 30, 1992. 
 TRD-9215950 
  Robert A. MacLean, M.D. 
 Deputy Commissioner 
 Texas Department of Health 
    Proposed date of adoption: February 13, 1993 
 For further information, please call: (512) 834-6627 
         
             
  Subchapter F. Application Procedures. 
 
  22 TAC sec.741.103 
 
  The amendment is proposed under Texas Civil Statutes (TCS), Article 4512j, 
sec.5, which provides the State Committee of Examiners for Speech-Language 
Pathology and Audiology, subject to the approval of the Texas Board of Health, 
with the authority to adopt rules consistent with Article 4512j and as necessary 
to administer and enforce the Act; and the Health and Safety Code, 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. The amendment will 
affect Texas Civil Statutes, Article 4512j, sec.5. 
 
 
  sec.741.103. Required Application Materials. 
 
  (a) <nl>All applicants applying for a speech-language pathology or audiology 
license must submit the following: 
 
  <nl>(1) an application<ol> [Application] form <nl>obtained from the committee 
office which<ol> [. The application form] shall contain: 
 
  <nl>(A)<ol>[(1)] specific information regarding personal data, employment and 
nature of professional practice, other state licenses <nl>and<ol> [and/or] 
certifications held, felony <nl>and misdemeanor <ol> convictions, educational 
background, practicum experience, supervised experience and references; 
   
  <nl>(B)<ol>[(2)] a statement that the applicant has read the Act and  <nl>this 
chapter of the <ol> [these] committee rules and agrees to abide by them; 
   
  <nl>(C)<ol>[(3)] a statement that the applicant, if issued a license, shall 
return the license to the committee upon the revocation or suspension of the 
license; 
   
  <nl>(D) <ol>[(4)] a statement that the applicant understands that fees 
submitted in the licensure process are nonrefundable; and 
   
  <nl>(E)<ol>[(5)] the dated and notarized signature of the applicant;[.] 
     
  <nl>(2)<ol>[(b)]  <nl>a supervised<ol> [Supervised] post-graduate experience 
form <nl>which <ol> [. The supervised experience form] must contain the 
following information: 
 
  <nl>(A)<ol>[(1)] the name of the applicant; 
   
  <nl>(B)<ol>[(2)] the supervisor's name, address, degree,  <nl>and<ol> 
licensure status [or American Speech-Language-Hearing Association Certificate of 
Clinical Competence, or evidence of equivalent credentials]; 
   
  <nl>(C) <ol>[(3)] the name and address of the agency or organization where the 
experience was gained; 
   
  <nl>(D)<ol>[(4)] the inclusive dates of the supervised experience and the 
total number of hours of supervised post-graduate practice; 
   
  <nl>(E)<ol>[(5)] the number of hours of weekly face-to-face supervision 
provided for the applicant and the types of supervision used (direct, 
observation room, video tape, audio tape, review of records, etc.); 
   
  <nl>(F)<ol>[(6)] the applicant's employment status during supervised 
experience; and 
   
  <nl>(G)<ol>[(7)] the supervisor's signature <nl>;<ol>[.] 
     
  <nl>(3)<ol>[(c)] <nl>an original or certified copy of<ol> [Graduate 
transcripts. An applicant must have the official] transcript(s) of all relevant 
course [graduate] work [and sent directly to the Committee by the educational 
institution.]<nl>; 
   
  <nl>(4) a record of all clinical practicum clock hours documented by the 
academic program; and 
   
  <nl>(5)<ol>[(d) Other documents.] vitae, resumes and other documentation of 
the applicant's credentials [may be submitted,] but not in lieu of any other 
required documentation. 
     
  <nl>(b)  All applicants applying for an associate license must submit the 
following: 
 
  <nl>(1) an application form obtained from the committee office which contains: 
 
  <nl>(A) specific information regarding personal data, employment and nature of 
professional practice, other state licenses and certifications held, felony and 
misdemeanor convictions, educational background and references; 
   
  <nl>(B) a statement that the applicant has read the Act and this chapter of 
the committee rules and agrees to abide by them; 
   
  <nl>(C) a statement that the applicant, if issued a license, shall return the 
license to the committee upon the revocation or suspension of the license; 
   
  <nl>(D) a statement that the applicant understands that fees submitted in the 
licensure process are nonrefundable; and 
   
  <nl>(E)  the dated and notarized signature of the applicant; 
     
  <nl>(2) a supervisory responsibility statement form obtained from the 
committee office which contains: 
 
  <nl>(A) the name, address, employer, area of licensure and license number of 
the supervisor and the name, area of licensure and employer of the associate; 
and 
   
  <nl>(B) the dated and notarized signature of the supervisor; 
     
  <nl>(3) an original or certified copy of transcript(s) of relevant course 
work. The transcript(s) must show that at least a baccalaureate degree was 
earned; and 
   
  <nl>(4) vitae, resumes and other documentation of the applicant's credentials, 
but not in lieu of any other required documentation. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on November 30, 1992. 
 TRD-9215949 
  Robert A. MacLean, M.D. 
 Deputy Commissioner 
 Texas Department of Health 
    Proposed date of adoption: February 13, 1993. 
 For further information, please call: (512) 834-6627 
         
               
  Subchapter G. Licensure Examinations. 
 
  22 TAC sec.741.123 
 
  The amendment is proposed under Texas Civil Statutes (TCS), Article 4512j, 
sec.5, which provides the State Committee of Examiners for Speech-Language 
Pathology and Audiology, subject to the approval of the Texas Board of Health, 
with the authority to adopt rules consistent with Article 4512j and as necessary 
to administer and enforce the Act; and the Health and Safety Code, 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. The amendment will 
affect Texas Civil Statutes, Article 4512j, sec.5. 
 
 
  sec.741.123. Requirements. 
 
  (a) (No change.) 
   
  (b) An applicant wishing to take the required examination shall contact the 
<nl>Educational Testing Service<ol> (ETS) directly for any required registration 
forms or other information. <nl>The fee shall be paid to the committee if the 
applicant is taking the examination solely for licensure purposes. The fee shall 
be paid to the testing service if the applicant is taking the examination for 
licensure purposes and to obtain private certification. If the fee is to be paid 
to the committee, it must be received in the committee office by a date set by 
the office<ol> [All fees shall be paid to the testing service]. 
   
  (c)-(e) (No change.) 
   
  <nl>(f)  Persons who fail the examination may be examined at a subsequent time 
if they pay another nonrefundable examination fee. An applicant who has taken 
and failed to pass two examinations may not take the examination until the 
person has submitted a new application together with a nonrefundable application 
fee and presented evidence to the committee of additional study in the area for 
which licensure is sought. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on November 30, 1992. 
 TRD-9215948 
  Robert A. MacLean, M.D. 
 Deputy Commissioner 
 Texas Department of Health 
    Proposed date of adoption: February 13, 1993 
 For further information, please call: (512) 834-6627 
         
             
  Subchapter I. Licensure Renewal 
 
  22 TAC sec.741. 162, sec.741.163 
 
  The amendments are proposed under Texas Civil Statutes (TCS), Article 4512j, 
sec.5, which provides the State Committee of Examiners for Speech-Language 
Pathology and Audiology, subject to the approval of the Texas Board of Health, 
with the authority to adopt rules consistent with Article 4512j and as necessary 
to administer and enforce the Act; and the Health and Safety Code, 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. The amendment will 
affect Texas Civil Statutes, Article 4512j, sec.5. 
 
 
  sec.741.162. General. 
 
  (a)-(b) (No change.) 
   
  (c)  <nl>At least 45 days prior to the expiration date of an individual's 
license, the executive secretary shall send notice to the licensee of the 
expiration date of the license, the amount of the renewal fee due, the number of 
continuing education hours required for renewal, and a license renewal form 
which the licensee must complete and return to the committee with the required 
fee. A licensed associate is also required to provide an updated supervisory 
responsibility statement signed by the associate's current licensed supervisor. 
<ol> [A 60-day grace period, after the date of expiration of a license, shall be 
allowed for payment of the renewal fee. A licensee may continue to practice 
during the grace period and must follow all requirements of the Act and this 
chapter. 
 
  [(1) If the licensee earned continuing education hours as required by 
sec.741.163 of this title (relating to Requirements for Continuing Professional 
Education) prior to expiration of the license, no additional continuing 
education hours are required for renewal of the license. 
   
  [(2)  If the licensee failed to meet the requirement of paragraph (1) of this 
subsection, the licensee must earn 10, 15 if dual, continuing education hours 
during the 60-day grace period in order to renew the license during the grace 
period. 
   
  [(3) If a licensee earned or accrued fewer than the required continuing 
education hours (10, or 15 if dual) prior to expiration of the license, those 
hours will not be available for credit for renewal. 
   
  [(4)  After expiration of the grace period, the committee may renew each 
license in accordance with subsection (g) of this section.] 
     
  (d) <nl>The licensee is required to provide current addresses and telephone 
numbers, employment information, and other information on the license renewal 
form. A request to change the name as issued on the certificate or license 
verification cards must be submitted in writing with a copy of the divorce 
decree, marriage certificate, or social security card showing the new name. The 
committee is not responsible for lost, misdirected, or undelivered renewal forms 
and fees if sent to the address last reported to the committee.<ol> [At least 45 
days prior to the expiration date of an individual's license, the executive 
secretary shall send notice to the licensee of the expiration date of the 
license, the amount of the renewal fee due, the number of continuing education 
hours required for renewal, and a license renewal form which the licensee must 
complete and return to the committee with the required fee. A licensed associate 
is also required to provide an updated supervisory responsibility statement 
signed by the associate's current licensed supervisor. ] 
   
  (e) <nl>The committee shall issue a license verification card to a licensee 
who has met all requirements for renewal. The licensee must display the license 
verification card with the certificate.<ol> [The licensee is required to provide 
current addresses and telephone numbers, employment information, and other 
information on the license renewal form. The committee is not responsible for 
lost, misdirected, or undelivered renewal forms and fees if sent to the address 
last reported to the committee.] 
   
  (f)  <nl>A 60-day grace period, after the date of expiration of a license, 
shall be allowed. A licensee may continue to practice during the grace period 
and must follow all requirements of the Act and this chapter<ol>. [The committee 
shall issue a license verification card to a licensee who has met all 
requirements for renewal. The licensee must display the license verification 
card with the certificate.] 
   
  (g) At the end of the 60-day grace period, a license will be placed in an 
inactive status and will remain in this status until renewed or deleted in 
accordance with this subsection. An inactive licensee may not practice or 
represent himself or herself as a speech-language pathologist or audiologist. 
 
  (1) [Requests.] A licensee may submit, prior to expiration of the 60-day grace 
period, a written request for inactive status to the committee office specifying 
the reason for the request. Failure to earn continuing education hours is not an 
acceptable reason. <nl>A licensee who made a proper request for inactive status 
must pay the applicable penalty fee at the time of renewal but not a late 
renewal penalty fee. 
   
  (2) <nl>A request for renewal of a license in inactive status must be made in 
writing. The request must be postmarked within two years of the date of 
expiration of the license.<ol> [Penalties upon renewal.] 
 
  [(A) If a licensee wishes to reactivate the license at the end of the first or 
the second year of inactive status, the licensee: 
 
  [(i) must request reactivation in writing prior to the end of the first or 
second year of inactive status; 
   
  [(ii) must pay a penalty fee as follows: 
 
  [(I) if inactive status was requested under paragraph (1) of this subsection, 
a penalty fee equal to all accrued renewal fees must be paid; or 
   
  [(II) if inactive status was not requested under paragraph (1) of this 
subsection, the late renewal penalty fee must be paid; and 
     
  [(iii) must furnish proof of having earned, during the inactive period, at 
least 10 continuing education hours. Dual licensees must submit proof of having 
earned, during the inactive period, at least 15 hours of continuing education. A 
person who has at least 10 continuing education hours, or at least 15 continuing 
education hours for holders of dual licenses, accrued under sec.741.163(5) of 
this title (relating to Requirements for Continuing Professional Education) for 
renewal shall be deemed to have met this requirement. 
     
  [(B) If a licensee chooses to reactivate the license at a time different from 
the first or second year renewal date, the licensee: 
 
  [(i) must pay the late renewal penalty fee; and 
   
  [(ii)  must meet one of the following requirements: 
 
  [(I) if reactivated before the end of the first year, no additional continuing 
education hours need to be earned if the licensee has completed at least 10 
continuing education hours, or at least 15 hours for holders of dual licenses, 
prior to expiration of the license and could have renewed the license; 
   
  [(II) if reactivated before the end of the first year, no continuing education 
hours need to be earned if the licensee is reactivating an initial license; 
   
  [(III) if reactivated before the end of the first year and if the licensee has 
not earned at least 10 continuing education hours, or at least 15 continuing 
education hours for holders of dual licenses, prior to expiration of the license 
and could not have renewed the license, the licensee must earn at least 10 
continuing education hours, or at least 15 continuing education hours for 
holders of dual licenses, during the inactive period. The hours must be earned 
before reactivation will be granted. A person who has at least 10 continuing 
education hours, or at least 15 continuing education hours for holders of dual 
licenses, accrued under sec.741.163(5) of this title (relating to Requirements 
for Continuing Professional Education) for renewal shall be deemed to have met 
this requirement; or 
   
  [(IV) if reactivated after the end of the first year but before the end of the 
second year, the licensee must furnish proof of having earned, during the 
inactive period, at least 10 continuing education hours. Dual licensees must 
submit proof of having earned, during the inactive period, at least 15 hours of 
continuing education. A person who has at least 10 continuing education hours, 
or at least 15 continuing education hours for holders of dual licenses, accrued 
under sec.741.163(5) of this title (relating to Requirements for Continuing 
Professional Education) for renewal shall be deemed to have met this 
requirement.] 
         
  (3) <nl>After the end of the 60-day grace period, a licensee may renew his or 
her license upon payment of the applicable penalty and late renewal penalty fees 
and the furnishing of proof of having earned or accrued the following continuing 
education hours:<ol> [Deleted license following inactive status. A license that 
is not reactivated within the two year period after expiration may not be 
renewed, and the license may not be restored, reissued, or reinstated 
thereafter, but that person may reapply for and obtain a new license if 
requirements of this Act are met.] 
 
  <nl>(A)  if renewing before the end of the first year of the inactive status, 
no continuing education hours need to be earned if the licensee is renewing an 
initial license; 
   
  <nl>(B) if renewing before the end of the first year of inactive status, at 
least 10 continuing education hours or 15 for holders of dual licenses; 
   
  <nl>(C) if renewing at the end of the first year of inactive status but before 
the end of the second year, at least 20 continuing education hours or 30 hours 
for holders of dual licenses; 
   
  <nl>(D) if renewing at the end of the second year of inactive status, at least 
30 continuing education hours or 45 hours for holders of dual license; and 
   
  <nl>(E) the hours earned or accrued before expiration of the license shall 
count toward meeting these hours. 
     
  <nl>(4) After renewal of the license, the licensee shall earn and accrue 
continuing education hours as required by sec.741.163 of this title (relating to 
Requirements for Continuing Professional Education). 
   
  <nl>(5) A license that is not reactivated within the two year period after 
expiration may not be renewed and the license may not be restored, reissued, or 
reinstated thereafter, but that person may reapply for and obtain a new license 
if requirements of the Act are met. 
     
  (h)-(l) (No change.) 
 
     
  sec.741.163. Requirements for Continuing Professional Education.  Continuing 
professional education requirements must be met for renewal of license. 
 
  (1) Continuing professional education in speech-language pathology and 
audiology consists of a series of planned individual learning experiences beyond 
the basic educational program which has led to a degree or qualifies one for 
licensure. 
 
  (A) (No change.) 
   
  (B) Continuing education hours under subparagraph (A)(iv) of this paragraph 
shall be considered if the licensee submits a description of the continuing 
education activity<nl>; prior approval is advised <ol>. Review by the committee 
or the appropriate subcommittee to determine that the activity is in a related 
area may require the submission of additional information. Any continuing 
education hours earned in a related area must further the knowledge of speech-
language pathology or audiology or enhance service delivery. [Prior approval may 
be requested.] 
     
  (2)-(5) (No change.) 
   
  (6) If a licensee successfully completes course work from an accredited 
college or university, that course work may be accepted for continuing education 
credit. The licensee must submit an original <nl>or certified copy of the<ol> 
transcript and complete a statement that this was a continuing education 
experience. Ten continuing education clock hours or one continuing education 
unit equals one semester hour of course work. 
   
  (7)-(11) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on November 30, 1992. 
 TRD-9215947 
  Robert A. MacLean, M.D. 
 Deputy Commissioner 
 Texas Department of Health 
    Proposed date of adoption: February 13, 1993 
 For further information, please call: (512) 834-6627 
         
             
  Subchapter K. Denial, Suspension, or Revocation of Licensure. 
 
  22 TAC sec.sec.741.193, 741.194, 741.197, 741.198 
 
  The amendments are proposed under Texas Civil Statutes (TCS), Article 4512j, 
sec.5, which provides the State Committee of Examiners for Speech-Language 
Pathology and Audiology, subject to the approval of the Texas Board of Health, 
with the authority to adopt rules consistent with Article 4512j and as necessary 
to administer and enforce the Act; and the Health and Safety Code, 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. The amendment will 
affect Texas Civil Statutes, Article 4512j, sec.5. 
 
 
  sec.741.193. Complaint Procedures. 
 
  (a)-(b) (No change.) 
   
  (c) [Upon receipt of a complaint,] <nl>The <ol> [the] executive secretary 
<nl>may,<ol> [shall] notify the alleged violator of the complaint and request a 
written response within 45 days. 
   
  (d)-(g) (No change.) 
 
     
  sec.741.194. Procedures for Denying, Suspending, or Revoking a License. 
 
  (a)-(c) (No change.) 
   
  (d) If denial, revocation or suspension of a license is proposed, the 
committee shall give written notice [by certified mail, return receipt 
requested,] that the licensee or applicant must request, in writing, a formal 
hearing within 10 days of receipt of the notice, or the right to a hearing shall 
be waived and the license shall be denied, revoked, or suspended. The notice 
shall include a copy of written charges, if applicable.  <nl>Receipt of the 
notice is presumed to occur on the 10th day after the notice is mailed to the 
last address known to the committee unless another date is reflected on a United 
States Postal Service return receipt.<ol> [The postmarked date of the response 
is the date to be used for determining if the response is within 10 days.] 
   
  (e) (No change.) 
   
  (f) If the applicant or licensee requests a formal hearing: 
 
  (1)  the subcommittee may request that a formal hearing be set by the Texas 
Department of Health, Office of General Counsel <nl>. The chair shall<ol> [, 
which may] appoint a hearing examiner to conduct the formal hearing <nl>. The 
hearing examiner shall<ol> [and] recommend final action to the committee based 
on the evidence presented at the formal hearing. The committee is not required 
to adopt the recommendations of the hearing examiner and may deny, suspend, or 
revoke a license or impose probationary conditions on a license as the committee 
deems appropriate and lawful; or 
   
  (2) (No change.) 
     
  (g)  (No change.) 
   
  (h) <nl>Not less than one year from the date of revocation of a license, 
application may be made to the committee for reinstatement. The committee may 
accept or reject an application for reinstatement and may require an examination 
for the reinstatement.<ol> [Renewal, reinstatement, or reissuance of a denied, 
revoked, or suspended license is governed by the Act, sec.5 and sec.17.] 
   
  <nl>(i) If the committee suspends a license, the suspension shall remain in 
effect until the committee determines that the reason for the suspension no 
longer exists or for the period of time stated in the order. 
   
  <nl>(j) If a suspension overlaps a license renewal date, the individual whose 
license is suspended may comply with the renewal procedures in this chapter; 
however, the committee may not renew the license until the committee determines 
that the reason for the suspension no longer exists or the period of suspension 
is completed. 
   
  <nl>(k) If the committee denies an initial license or renewal request, a 
person may reapply for a license by complying with the then-existing 
requirements and procedures for application. The committee may refuse to issue a 
license if the reason for the denial continues to exist. 
   
  <nl>(l)  Upon revocation, suspension, or nonrenewal, a licensee shall return 
his or her license certificate and identification card to the committee. 
 
     
  sec.741.197. Licensing of Individuals with Criminal Backgrounds to be Speech-
Language Pathologists, Audiologists, Licensed Associates in Audiology and 
Licensed Associates in Speech-Language Pathology. 
 
  (a) This <nl>section<ol> [subsection] is designed to establish guidelines and 
criteria on the eligibility of individuals with criminal backgrounds to obtain 
licenses as speech-language pathologists, audiologists, licensed associates in 
audiology, and licensed associates in speech-language pathology. 
 
  (1)-(2)  (No change.) 
   
  (3) In considering whether a criminal conviction directly relates to the 
profession of a speech-language pathologist, audiologist, licensed associate in 
audiology and licensed associate in speech-language pathology, the committee 
shall consider: 
 
  (A) (No change.) 
   
  (B) the relationship of the crime to the purposes for requiring a licensee to 
be a speech-language pathologist, audiologist, licensed associate in audiology 
or licensed associate in speech-language pathology<nl>;<ol> [. The following 
felonies and misdemeanors relate to the license of speech-language pathologists, 
audiologists, licensed associates in audiology, or licensed associates in 
speech-language pathology because these criminal offenses indicate an inability 
or a tendency to be unable to perform as a licensed speech-language pathologist, 
audiologist, licensed associate in audiology, or licensed associate in speech-
language pathology:] 
 
  [(i)  the misdemeanor of violating any of the provisions of the Act; 
   
  [(ii) the deceptive trade practice of any individual practicing or 
representing himself or herself as a speech-language pathologist or audiologist 
in the State of Texas after August 31, 1984; 
   
  [(iii)  offenses under the following titles of The Texas Penal Code: Title 5, 
Offenses Against the Person; Title 7, Offenses Against Property; and, Title 8, 
Offenses Against Public Administration; including the offense of attempting or 
conspiring to commit any of the offenses listed in either Title 5, Title 7, or 
Title 8; 
   
  [(iv) the misdemeanors and felonies listed in clauses (i) -(iii) of this 
subparagraph are not exclusive in that the subcommittee may consider other 
particular crimes in special cases in order to promote the intent of the Act and 
these rules;] 
     
  (C) (No change.) 
   
  (D) the relationship of the crime to the ability, capacity, or fitness 
required to perform the duties and discharge the responsibilities of a licensed 
speech-language pathologist, audiologist, licensed associate in audiology, and 
licensed associate in speech-language pathology. In making this determination, 
the committee shall consider the following evidence: 
 
  (i)-(v) (No change.) 
   
  (vi) other evidence of the person's present fitness, including letters of 
recommendation from[:] prosecution, law enforcement, and correctional officers 
who prosecuted, arrested, or had custodial responsibility for the person; the 
sheriff and chief of police in the community where the person resides; and any 
other persons in contact with the convicted person; and 
   
  (vii) (No change.) 
         
  (b) Upon a licensee's felony conviction, felony probation revocation, 
revocation of parole, or revocation of mandatory supervision, his license shall 
be subject to [review and] revocation. 
   
  <nl>(c) The following felonies and misdemeanors directly relate because these 
criminal offenses indicate an inability or a tendency for the person to be 
unable to perform or to be unfit for licensure: 
 
  <nl>(1) the misdemeanor of violating the Act; 
   
  <nl>(2) a conviction relating to deceptive business practices; 
   
  <nl>(3) a misdemeanor or felony offense involving: 
 
  <nl>(A)  murder; 
   
  <nl>(B) assault; 
   
  <nl>(C) burglary; 
   
  <nl>(D) robbery; 
   
  <nl>(E) theft; 
   
  <nl>(F) sexual assault; 
   
  <nl>(G) injury to a child; 
   
  <nl>(H) injury to an elderly person; 
   
  <nl>(I) child abuse or neglect; 
   
  <nl>(J)  tampering with a governmental record; 
   
  <nl>(K) forgery; 
   
  <nl>(L) perjury; 
   
  <nl>(M) failure to report abuse; 
   
  <nl>(N) bribery; or 
   
  <nl>(O) harassment; 
     
  <nl>(4) a conviction relating to delivery, possession, manufacturing, or use 
of a controlled substance, dangerous drug, or narcotic; or 
   
  <nl>(5) other misdemeanors or felonies, including convictions under the Texas 
Penal Code, Titles 4, 5, 7, 9, and 10, which indicate an inability or tendency 
for the person to be unable to perform as a licensee or unfit for licensure if 
action by the committee will promote the intent of the Act, this chapter, and 
Texas Civil Statutes, Article 6252-13c. 
     
  <nl>(d)<ol>[(c)] Procedures for revoking, suspending, or denying a license to 
individuals with criminal backgrounds. 
 
  (1) (No change.) 
   
  (2) If the committee denies, suspends, or revokes a license under this 
subsection after hearing, the executive secretary will give the individual 
written notice <nl>in accordance with Texas Civil Statutes, Article 6252-13d<ol> 
[of the reason for the decision. 
 
  [(A) The written notice will also inform the individual that after exhausting 
administrative appeals, he or she may file an action either in a district court 
of Travis County, Texas, or in a district court of the county of his or her 
residence for review of the evidence presented to the committee and to review 
the committee decision; and 
   
  [(B) The individual must begin the judicial review by filing a petition with 
the court within 20 days after the committee's action is final and appealable.] 
 
         
  sec.741.198. Formal Hearings. 
 
  (a) The Committee adopts by reference the Texas Department of Health's formal 
hearing procedures <nl>in Chapter 1 of this title (relating to the Board of 
Health) <ol> [25 TAC sec.sec.1. 21-1.34] with the following exceptions: 
 
  (1) all final orders or decisions will be made by the Committee; [and] 
   
  (2) all references in the <nl>formal hearing procedures<ol> [Formal Hearing 
Procedures] to "agency, " "board," and "commissioner" mean the State Committee 
of Examiners for Speech-Language Pathology and Audiology <nl>; and <ol> [.] 
   
  <nl>(3)  the procedures in the Act, sec.19 shall govern when there is a 
conflict between the provisions of sec.19 and the department's formal hearing 
procedures. 
     
  (b)-(d) (No change.) 
   
  <nl>(e) If the applicant or licensee fails to appear or be represented at the 
scheduled hearing, the person is deemed to be in agreement with the charges and 
proposed action and to have waived the right to a hearing. 
   
  <nl>(f) The parties to a hearing shall be the applicant or licensee who 
requested the hearing and the subcommittee appointed under sec.741.193 of this 
title (relating to Complaint Procedures). 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on November 30, 1992. 
 TRD-9215946 
  Robert A. MacLean, M.D. 
 Deputy Commissioner 
 Texas Department of Health 
    Proposed date of adoption: February 13, 1993 
 For further information, please call: (512) 834-6627 
         
             
  Subchapter M. Academic Requirements for Examination and Dual Licensure for 
Speech-Language Pathologists and Audiologists. 
 
  22 TAC sec.741.301 
 
  The new section is proposed under Texas Civil Statutes (TCS), Article 4512j, 
sec.5, which provides the State Committee of Examiners for Speech-Language 
Pathology and Audiology, subject to the approval of the Texas Board of Health, 
with the authority to adopt rules consistent with Article 4512j and as necessary 
to administer and enforce the Act; and the Health and Safety Code, 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. The amendment will 
affect Texas Civil Statutes, Article 4512j, sec.5. 
 
 
  sec.741.301. Purpose.  The purpose of this section is to delineate the 
academic requirements for examination and dual licensure of speech-language 
pathologists and audiologists. 
 
  (1) An applicant must possess at least a master's degree with a major in 
speech-language pathology or audiology from an accredited or approved college or 
university. 
   
  (2)  An applicant must submit transcripts showing successful completion of at 
least 30 semester hours in courses acceptable toward a graduate degree by the 
college or university in which they were taken. At least 21 graduate hours must 
be within the professional area of speech-language pathology and at least 21 
graduate hours in audiology. 
   
  (3) The undergraduate and graduate preparation required in audiology and 
speech-language pathology should be in the broad, but not necessarily exclusive, 
categories of study, as follows: 
 
  (A) information pertaining to the normal development and use of speech, 
language and hearing with emphasis on the normal aspects of human 
communications; 
   
  (B) information pertaining to evaluation, habilitation, and rehabilitation of 
speech, language, and hearing disorders; and 
   
  (C) information pertaining to related areas that augment the work of clinical 
practitioners of speech-language pathology and audiology (i.e. theories of 
learning and behavior; information pertaining to related professions that also 
deal with individuals who have communication disorders; and information from 
these professions about the sensory, physical, emotional, social and/or 
intellectual status of a child or an adult). No more than three semester hours 
in any of the following areas may be accepted: 
 
  (i)  in statistics, beyond the introductory level course; 
   
  (ii)  academic study of the administrative organization of speech-language 
pathology and audiology programs; 
   
  (iii) courses that provide an overview of research; or 
   
  (iv) academic credit for a thesis or dissertation. 
       
  (4) Original transcripts shall be required to process an application for 
licensure or internship approval. Certified copies of transcripts shall be 
considered originals. Transcripts shall be reviewed as follows. 
 
  (A) Degrees and course work must have been completed at a college or 
university within the United States of America which holds accreditation or 
candidacy status from a recognized regional accrediting agency, such as the 
Southern Association of Colleges and Universities. 
   
  (B) Degrees and course work received at foreign universities shall be 
acceptable only if such course work could be counted as transfer credit by 
accredited universities, as reported by the American Association of Collegiate 
Registrars and Admissions Officers. 
   
  (C) Academic courses, the titles of which are not self-explanatory, must be 
substantiated through course descriptions in official school catalogs or 
bulletins or by other official means. 
   
  (D) The committee shall not accept an undergraduate level course taken by an 
applicant to meet academic requirements for licensure at the graduate level 
unless the applicant's transcript clearly shows that the course was awarded 
graduate credit by the college or university from which the graduate degree was 
granted. 
   
  (E) Academic credit obtained from practice teaching or practice work in other 
professions will not be counted toward the minimum requirements. 
   
  (F) The committee shall only accept course work completed with a passing grade 
or for credit. In the case of course work taken outside a program of studies 
from which a degree was granted, no grade below C shall be counted toward 
meeting academic requirements for examination for licensure. 
   
  (G) The committee shall consider a quarter hour of academic credit as 2/3 of a 
semester hour. 
     
  (5) An applicant must have completed a minimum of 200 clock hours in speech-
language pathology under the supervision of a licensed speech-language 
pathologist and 200 clock hours in audiology under the supervision of a licensed 
audiologist of supervised clinical experience with individuals who present a 
variety of communication disorders. 
 
  (A) Clinical experience may be referred to as clinical practicum. 
   
  (B) Clinical practicum may be considered to be the supervised, direct 
experience during academic training which includes evaluation and management of 
individuals with speech, language, and/or hearing problems. 
   
  (C) This experience must have been obtained within a training institution or 
in one of its cooperative programs. 
   
  (D) While pursuing this course of study, the applicant shall be designated as 
a trainee in speech-language pathology or audiology, depending on the area of 
work being done. 
     
  (6) An applicant must have obtained the equivalent of 18 months of full-time, 
40 hours weekly, supervised professional experience in which bona fide clinical 
work has been accomplished. Nine months shall be in speech-language pathology 
and nine months in audiology. 
 
  (A) While pursuing this professional employment experience, the applicant 
shall be designated as an intern in speech-language pathology or audiology, 
depending on the area of work being done. 
   
  (B) This internship must begin within two years after the academic and 
clinical experience requirements have been met and must be completed within a 
maximum period of 48 consecutive months once initiated. 
   
  (C) This work must be done under the supervision of an individual who holds a 
master's degree and a valid Texas license in the professional area in which the 
clinical experience is being done. 
   
  (D)  Licensees who supervise interns are responsible for the services to the 
client that may be performed by the intern. The supervising professional must 
ensure that all services provided are in compliance with this chapter. 
   
  (E) Until licensed the intern must continue to be supervised if the intern is 
working. 
   
  (F) Prior to the beginning of an intern's required supervised professional 
experience, the intern form must be filed with the executive secretary in the 
office of the committee. 
 
  (i) This form is to be completed and signed by the licensed supervising 
professional and must be updated every six months. 
   
  (ii) Original transcripts of the intern's college or university course work 
with verification of graduate degree(s) awarded are required at the time of 
submission of the intern form. 
   
  (iii) The committee shall not consider an individual an intern until the 
intern form is approved. The office must be notified of any change in the 
supervisory arrangement and a new form must be filed. 
   
  (iv)  Upon acceptance of the intern form the executive secretary shall provide 
a letter of registration to be placed in the intern's personnel file. 
       
  (7) A supervisor of an intern must show proof of having earned at least a 
master's degree with a major in the area being supervised from an accredited 
college or university by submitting an original or photocopy of the transcript. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on November 30, 1992. 
 TRD-9215945 
  Robert A. MacLean, M.D. 
 Deputy Commissioner 
 Texas Department of Health 
    Proposed date of adoption: February 13, 1993 
 For further information, please call: (512) 834-6627 
         
                   
  TITLE 31. NATURAL RESOURCES AND CONSERVATION 
 Part II. Texas Parks and Wildlife Department 
  Chapter 57. Fisheries 
  
  Authorized Methods of Removing Sand and Gravel from Public Waters 
 
  31 TAC sec.57.12 
 
  The Texas Parks and Wildlife Department proposes new sec.57.12, concerning 
sand and gravel dredging in the San Jacinto River between Lake Houston Dam and 
the mouth of the River. This section is proposed as a three-year moratorium to 
allow adequate time to assess potential impacts to fish and wildlife resources, 
recreation and navigation activities, and processes of erosion and subsidence. 
During that three-year period, information would be gathered and State policies 
would be developed as part of the process of developing a State Wetlands 
Conservation Plan and Coastal Management Plan. 
 The Department received a petition for rulemaking from the San Jacinto River 
Association citing numerous grounds for the requested prohibition on commercial 
dredging in this area, including: a 1971 study concluding that surplus materials 
had been removed from the area; the loss of wetlands in the San Jacinto River 
area; concern for resuspension of toxic contaminants in the River; and 
interference with navigation and recreation. Department staff have reviewed the 
currently available information and have determined that additional review is 
warranted. 
 In addition to this proposed rule being published in the  Texas Register for 
comment, the department will conduct a public comment hearing to receive 
testimony concerning the proposed rule. The hearing will be held Wednesday, 
December 9, 1992, from 4-6 p.m. and 7-9:30 p.m., at Highlands Elementary School, 
200 East Wallisville Road, Highland, Harris County Texas 77562. The department 
particularly invites testimony concerning impacts of dredging on bank erosion 
and subsidence, water quality, river channel maintenance, the existence of 
sedimentary materials in the relevant area, recreation, and navigation. 
 Robin K. Riechers, staff economist, has determined that for the first five-year 
period the section is in effect and a temporary moratorium on issuance of 
permits for commercial dredging in the San Jacinto River below the Lake Houston 
Dam is in place there will be a loss of revenue to the state. Based on 
historical records, approximately 85,976 cubic yards of sand were dredged in a 
six-month period, which was valued at $17,195. Total loss of revenue for an 
entire year would be estimated to be $34,390.44 per year for each year the rule 
is administered. There will be no effect on local government. 
 Mr. Riechers also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be avoidance of the potential for future harm to the area as 
described while additional technical information is being gathered. The fiscal 
implications to businesses as a result of enforcing the section will come in the 
form of lost revenue associated with the loss of dredging privilege in this 
area. 
 There will be implications to persons who are required to comply with the 
section such that there will be no further sand mining allowed within the area 
as described. 
 The department has filed a local employment impact statement with the Texas 
Employment Commission (TEC) in compliance with the Administrative Procedure and 
Texas Register Act, sec.4A. The department has initiated correspondence with the 
TEC regarding the local employment impacts and as of this date has not received 
a response. 
 Comments on the rule as proposed may be submitted to Catherine Livingston, 
Natural Resources Attorney, Texas Parks and Wildlife Department, 4200 Smith 
School Road, Austin, Texas 78744; telephone (512) 389-4585 or 1-800-792-1112, 
extension 4585, or Rollin MacRae, Wetlands Program Leader, telephone (512) 389-
4639 or 1-800-792-1112, extension 4639. 
 The new section is proposed under the Texas Parks and Wildlife Code, sec.86. 
001 et seq., authorizing the Texas Parks and Wildlife Commission to manage, 
control, and protect sand of commercial value and all gravel located within the 
tidewater limits of the state, and on islands within those areas. 
 
 
  sec.57.12. San Jacinto River Dredging. No permits shall be issued pursuant to 
the Parks and Wildlife Code, Chapter 86, for dredging that involves the 
permanent removal for commercial purposes of sand or gravel from the bed of the 
San Jacinto River between the Lake Houston Dam and the mouth of the River. This 
section expires on February 1, 1996. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on November 30, 1992. 
 TRD-9215993 
  Paul M. Shinkawa 
 Director, Legal Services 
 Texas Parks and Wildlife Department 
    Earliest possible date of adoption: January 8, 1993 
 For further information, please call: 1 (800) 792-1112, extension 4433 or (512) 
389-4433 
         
                 
  TITLE 37. PUBLIC SAFETY AND CORRECTIONS 
 Part XIII. Texas Commission on Fire Protection 
  Chapter 531. Fire Alarm Rules 
  
  37 TAC sec.sec.531.1-531.13, 531.21 
 
  The Texas Commission on Fire Protection proposes amendments to sec.sec.531. 1-
531.13 and 531.17-531.21 (formerly sec. s27.201-27.225 of Title 28) and new 
sec.sec.531.14, 531.15, and 531.16 concerning regulation of the business of 
inspecting, planning, certifying, leasing, selling, servicing, testing, 
installing, monitoring, and maintaining fire alarm or fire detection devices and 
systems. The amendments include new definitions of direct supervision and 
monitoring equipment, which were not previously defined. Other definitions are 
clarified. Section 531.7 is amended to update the standards of the National Fire 
Protection Association that are adopted by reference. New language is added to 
sec.531.10 and sec.531.13 that limit monitoring activities by firms that monitor 
fire alarm systems. Section 531.11 creates two new categories of licenses for 
businesses engaged in residential alarm installation and servicing and a new 
sec.531.14 establishes fees for those licenses. Section 531. 13 and a new 
sec.531.15 clarify requirements for issuance and renewal of licenses and 
certificates of registration. Insurance requirements set forth in  531.13 are 
also clarified and made consistent with statutory amendments. New provisions are 
included in sec.531.16 that create additional limits on businesses that sell, 
install, and service residential single station alarm devices, as well as those 
businesses that sell, install, and service other alarm systems. These provisions 
are intended to insure strict conformity to adopted National Fire Protection 
Association standards except where the rules allow exceptions to those 
standards. Sections 531.19, 531.20, and 531.21, relating to installation and 
service labels, are also amended to clarify and make more exact the requirements 
for the various tags used by the alarm industry on alarm equipment to document 
the condition of the equipment. A new sec.531.22 provides for certain 
enforcement procedures, and a new sec.531.23 contains a severability clause. 
 Ernest Emerson, state fire marshal, has determined that there will no be fiscal 
implications for state or local governments as a result of enforcing or 
administering the sections. 
 Mr. Emerson also has determined that for each year of the first five years the 
sections as proposed are in effect the public benefit will be that there will be 
more effective regulation of these businesses, with a resulting improvement in 
the quality of protection afforded property and lives by fire alarm equipment. 
The cost of compliance with the sections for both small and large business will 
be increased as a result of the addition of the definition of direct supervision 
in sec.531.6 that effectively requires the physical presence of a licensee 
during the performance of certain work on fire detection and alarm devices and 
systems. In some circumstances, for some businesses regulated under these rules, 
the hourly cost of labor may be increased. The updating of the National Fire 
Protection Association standards that are adopted by reference, and the creation 
of additional licensing categories may also result in an increase in hourly cost 
of labor or in the cost per $100 per sales. There will be no anticipated 
economic cost to persons required to comply with the sections as proposed. 
 Comments on the proposal may be submitted to Mike Hines, Executive Director, 
Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286. 
 The amendments are proposed under the Insurance Code, Article 5.43-2, 
sec.sec.4, 4A, and 6, which provides the Texas Commission on Fire Protection 
with the authority to adopt rules necessary to its administration through the 
state fire marshal for the protection and preservation of life and property. 
 
 
  sec.531.1. Purpose.  The purpose of this  <nl>chapter<ol> [subchapter] is to 
administer through the state fire marshal the law set forth in the Insurance 
Code, Article 5.43-2, regarding inspecting, planning, certifying, leasing, 
selling, servicing, testing, installing, <nl>monitoring. <ol> and maintaining 
fire alarm or fire detection devices and systems in the interest of safeguarding 
lives and property. 
 
   
  sec.531.2. Title.  The sections of this  <nl>chapter<ol> [subchapter] shall be 
known <nl>as<ol> and may be cited as the Fire Alarm Rules. 
 
   
  sec.531.3. Applicability of Sections. The sections <nl>of<ol> [in] this 
<nl>chapter<ol> [subchapter] shall apply to persons and organizations engaged in 
the business of inspecting, planning, certifying, leasing, selling, servicing, 
testing, installing, <nl>monitoring.<ol> and maintaining fire alarm or fire 
detection devices and systems, and not to the general public. 
 
   
  sec.531.4. Exceptions.  The exceptions of the Insurance Code, Article 5.43-2, 
sec.3, are applicable to the sections of this <nl>chapter <ol> [subchapter]. 
 
   
  sec.531.5. Notices.  Notice by the state fire marshal, as required by 
provisions of the statutes or of this <nl>chapter <ol> [subchapter] , may be 
given by personal service or mail, postage prepaid, addressed to the person to 
be notified at the last known address of the person's residence or business as 
it appears on the records in the Office of the State Fire Marshal. 
 
   
  sec.531.6. Definitions.  The following words and terms, when used in this 
<nl>chapter<ol> [subchapter], shall have the following meanings, unless the 
context clearly indicates otherwise. 
   
   Business-<nl>Inspecting, planning<ol> [Planning], certifying, leasing, 
selling, servicing,  <nl>testing,<ol> installing,  <nl>monitoring,<ol> or 
maintaining of fire alarm or fire detection devices and systems. 
   
   Certify-To attest to the proper planning or servicing, installing, or 
maintaining of fire detection and fire alarm devices and systems<nl>, including 
monitoring equipment,<ol> by attaching a completed installation/service record 
label and completing an installation certificate form or other <nl>additional 
<ol> form required by a governmental authority. 
   
  <nl>   Commission-The Texas Commission on Fire Protection. 
   
  <nl>   Direct supervision -The control of work, excluding the installation of 
conduit, raceways, junction boxes, back boxes, or similar electrical enclosures, 
as it is being performed on fire detection or fire alarm devices and systems by 
a licensed fire alarm technician or a licensed fire alarm planning 
superintendent physically present at the location of the work. 
   
   Firm-A person[, as defined in this section,] or an organization, as defined 
in the Insurance Code, Article 5.43-2[, as amended by the 70th Legislature, 
1987]. 
   
   [Full-coverage system -A combination of fire detection and fire alarm devices 
and equipment installed in all areas of a building according to required 
standards.] 
   
   [License-The document issued to a fire alarm technician or a fire alarm 
planning superintendent.] 
   
  <nl>   Local authority having jurisdiction-As used in the Texas Insurance 
Code, Article 5.43-2. sec.9(c), means a fire chief, fire marshal, or other 
designated official having statutory authority. 
   
  <nl>   Monitoring equipment -Equipment used to transmit and receive fire 
alarm, trouble, and supervisory signals from protected premises to a firm 
registered to monitor or one exempt from licensing by the Insurance Code, 
Article 5.43-2. 
   
   NFPA-[The] National Fire Protection Association[, Inc.], a nationally 
recognized standards-making organization. 
   
   [Person-A natural person.] 
   
   Plan-To lay out, detail, draw, calculate, devise, or arrange an assembly of 
fire alarm or detection devices<nl>, <ol> [and] equipment<nl>, and 
appurtenances, including monitoring equipment,<ol> in accordance with [either 
fire protection] standards adopted in this <nl>chapter<ol> [subchapter, or 
designs or specifications specially prepared by a Texas registered professional 
engineer acting solely in his professional capacity]. 
   
   [Registered firm -A person, partnership, corporation, organization, or 
association holding a current certificate of registration.] 
   
   Repair-<nl>To restore to proper operating condition<ol> [Any work performed 
upon or to any fire detection and fire alarm device or system other than 
installation]. 
   
   Test-The act of subjecting <nl>a<ol> [any] fire detection or alarm device or 
system <nl>, including monitoring equipment, <ol> to any procedure <nl>required 
by applicable standards or manufacturers' recommendations <ol> [necessary] to 
determine whether it is properly installed or operates correctly. 
 
   
  sec.531.7. Adopted Standards. 
 
  <nl>(a) The <nl>commission <ol> [board] adopts by reference <nl>those sections 
of<ol> [in their entirety] the following copyrighted  <nl>minimum<ol> 
standards<nl>, <ol> [and] recommendations,  <nl>and appendices concerning fire 
alarm, fire detection, or supervisory services or systems, <ol> except to the 
extent they are at variance to sections of this  <nl>chapter,<ol> [subchapter] 
the <nl>Texas Insurance Code, Article 5.43-2. or other state statutes<ol>. The 
standards are published by and are available from the National Fire Protection 
Association, [Inc., Batterymarch Park,] Quincy, Massachusetts[, 02269]. 
 
  <nl>(1) NFPA 11-1988, Standard on Low Expansion Foam and Combined Agent 
Systems. 
   
  <nl>(2) NFPA llA-1988, Standard for Medium- and High-Expansion Foam Systems. 
   
  <nl>(3) NFPA 12-1989, Standard for Carbon Dioxide Extinguishing Systems. 
   
  <nl>(4) NFPA 12A-1989, Standard on Halon 1301 Fire Extinguishing Systems. 
   
  <nl>(5) NFPA 12B-1990, Standard on Halon 1211 Fire Extinguishing Systems. 
   
  <nl>(6) <ol>[(1)] NFPA 13-<nl>1991<ol> [1987], <nl>Standard<ol> [Standards] 
for the Installation of Sprinkler Systems[, sec.sec.3-17 only]. 
   
  <nl>(7)<ol>[(2)]  NFPA 13A-1987, Recommended Practice for the Inspection, 
Testing, and Maintenance of Sprinkler Systems[, sec.4 and sec.5 only]. 
   
  <nl>(8) NFPA 13D-1991, Standard for the Installation of Sprinkler Systems in 
One- and Two-Family Dwellings and Mobile Homes. 
   
  <nl>(9) NFPA 13R-1991, Standard for the Installation of Sprinkler Systems in 
Residential Occupancies up to Four Stories in Height. 
   
  <nl>(10) NFPA 15-1990, Standard for Water Spray Fixed Systems for Fire 
Protection. 
   
  <nl>(11) NFPA 16-1991, Standard on Deluge Foam-Water Sprinkler and Foam-Water 
Spray Systems. 
   
  <nl>(12) NFPA 17-1990, Standard for Dry Chemical Extinguishing Systems. 
   
  <nl>(13) NFPA 17A-1990, Standard on Wet Chemical Extinguishing Systems. 
   
  <nl>(14) NFPA 25-1992, Standard for Inspection, Testing and Maintenance of 
Water Based Extinguishing Systems. 
   
  <nl>(15)<ol>[(3)] NFPA 70 -<nl>1990<ol> [1987], National Electrical Code[, 
Article 760]. 
   
  <nl>(16)<ol>[(4)] NFPA 71 -<nl>1989<ol> [1987], Standard for the Installation, 
Maintenance, and Use of <nl>Signaling Systems for<ol> Central Station 
<nl>Service<ol> [Signaling Systems]. 
   
  <nl>(17) NFPA 72-1990, Standard for the Installation, Maintenance, and Use of 
Protective Signaling Systems. 
   
  [(5) NFPA 72A-1987, Standard for the Installation, Maintenance, and Use of 
Local Protective Signaling Systems for Guard's Tour, Fire Alarm, and Supervisory 
Service. 
   
  [(6) NFPA 72B-1986, Standard for the Installation, Maintenance, and Use of 
Auxiliary Protective Signaling Systems for Fire Alarm Service. 
   
  [(7) NFPA 72C-1986, Standard for the Installation, Maintenance, and Use of 
Remote Station Protective Signaling Systems. 
   
  [(8) NFPA 72D-1986, Standard for the Installation, Maintenance, and Use of 
Proprietary Protective Signaling Systems.] 
   
  <nl>(18)<ol>[(9)] NFPA 72E -<nl>1990<ol> [1987], Standard on Automatic Fire 
Detectors. 
   
  [(10) NFPA 72F-1985, Standard for the Installation, Maintenance, and Use of 
Emergency Voice/Alarm Communication Systems.] 
   
  <nl>(19)<ol>[(11)] NFPA 72G -<nl>1989<ol> [1985], Guide for the Installation, 
Maintenance, and Use of Notification Appliances for [the] Protective Signaling 
Systems. 
   
  <nl>(20)<ol>[(12)] NFPA 72H -1988, Guide for Testing Procedures for Local, 
Auxiliary, Remote Station, and Proprietary Protective Signaling Systems. 
   
  <nl>(21)<ol>[(13)] NFPA 74 -<nl>1989<ol> [1984], Standard for the 
Installation, Maintenance, and Use of Household Fire Warning Equipment. 
   
  <nl>(22)<ol>[(14)] NFPA 90A -<nl>1989<ol> [1985], Standard for the 
Installation of Air Conditioning and Ventilating Systems[, Chapter 4, and its 
reference]. 
   
  <nl>(23)<ol>[(15)] NFPA 101 -<nl>1991<ol> [1988],  <nl>Code for Safety to Life 
from Fire in Buildings and Structures (<ol>Life Safety Code<nl>), except that 
where a local jurisdiction has adopted a code, ordinance, or other regulation 
governing fire alarm or fire detection devices the local requirements will 
prevail to the extent allowed by Texas Insurance Code, Article 5.43-2<ol> [Only 
those sections in Chapter 4 and Chapter 8-30 concerning recommended fire alarm 
systems by occupancies]. 
   
  <nl>(24) NFPA 170-1991, Standard for Firesafety Symbols, Chapter 4. 
 
       
  sec.531.8. Approved Testing Laboratories. The <nl>commission <ol> [board] 
approves Underwriters Laboratories[,] Inc., [and] Factory Mutual Research 
Corporation<nl>, and United States Testing Company, Inc.<ol> as testing 
laboratories which list equipment and appurtenances for use in compliance with 
standards adopted in sec.531.7 of this title (relating to Adopted Standards). 
 
   
  sec.531.9. Approved  23>Testing [Certification] Organization.  The 
<nl>commission <ol> [board] approves the National Institute for Certification in 
Engineering Technologies (NICET) [or other similar testing organizations 
specifically recommended by the state fire marshal,] as a testing standards 
organization for testing license applicants. 
 
   
  sec.531.10. <nl>Certificate  [Certificates] of Registration. 
 
  (a) (No change.) 
   
  (b) Posting. Each certificate <nl>must<ol> [shall] be posted conspicuously for 
public view at the business location. 
   
  (c) <nl>Business<ol> [Service] vehicles. All vehicles regularly used in 
<nl>installation, <ol> service, maintenance, testing, or certification 
activities  <nl>must<ol> [shall] prominently display the company name, telephone 
number, and certificate [-of-registration] number. The numbers and letters must 
be <nl>at least one inch high and<ol> permanently affixed or magnetically 
attached to <nl>each side of the vehicle<ol> [a side panel and/or front door 
panel] in a color contrasting with the background color of the vehicle. The 
certificate[-of- registration] number <nl>must <ol> [shall] be designated <nl>in 
the following format <ol> [as]: <nl>TX ACR-(number) <ol> [Texas fire alarm 
registration (number) or it may be abbreviated to TEX: ACR (number)]. 
   
  (d) Change of ownership. 
 
  (1) The total change of a firm's ownership invalidates the current 
certificate. To assure continuance of the business, a <nl>complete<ol> [new] 
application for a new certificate <nl>must<ol> [should] be submitted to the 
state fire marshal <nl>at least <ol> 14 days prior to such change. 
   
  (2) A partial change in a firm's ownership <nl>requires <ol> [will require] a 
revised certificate if it affects the firm's name, location, or mailing address. 
     
  (e)-(f) (No change.) 
   
  (g) Revised certificates. The change of a firm's name, location, or mailing 
address requires a revised certificate. [Certificates requiring changes must be 
surrendered to the state fire marshal] <nl>Within<ol> [within] 14 days after the 
change requiring the revision<nl>, the<ol> [. The] certificate holder must 
submit written notification of the necessary change [with the surrendered 
certificate,] accompanied by the required fee. 
   
  (h) <nl>Monitoring requirements. <ol> [Nontransferable. A certificate is 
neither temporarily nor permanently transferable from one firm to another.] 
 
  <nl>(1) A registered firm may not monitor a fire alarm system unless the 
system was installed or certified by a registered firm. 
   
  <nl>(2) A registered firm may not connect a fire alarm system to a monitoring 
service unless the monitoring service is registered under or is exempt from the 
licensing requirements of the Insurance Code. Article 5.43-2. so long as the 
monitoring equipment being used is in compliance with Article 5. 43-2, sec.9. 
   
  <nl>(3) A registered firm currently engaged in monitoring must comply with the 
requirements of sec.531.13(a)(5) of this title (relating to Applications) within 
60 days of the effective date of this chapter, as amended. 
 
       
  sec. 531.11. [Fire Alarm Planning Superintendent and Fire Alarm Technician] 
Licenses. 
 
  <nl>(a) Types of licenses. 
 
  <nl>(1) <ol>[(a)] Fire alarm technician license-For installing, inspecting 
servicing, testing, maintaining, and certifying fire alarm or fire detection 
devices and systems. [Each person who installs, services, maintains, or 
certifies fire alarm and fire detection devices and systems must have a fire 
alarm technician license issued by the state fire marshal.] 
   
  <nl>(2)  Residential fire alarm superintendent single station license - For 
Planning, selling, leasing, installing, certifying, inspecting, testing, 
servicing, and maintaining to single station smoke or heat detectors which are 
not a part of or connected to anY other detection device or system in single- 
family or two-family residences. 
   
  <nl>(3) Residential fire alarm superintendent license - For planning, selling, 
leasing, installing, certifying, inspecting, testing, servicing, and maintaining 
fire alarm or fire detection devices and systems in single-family or two-family 
residences. 
   
  <nl>(4)<ol>[(b)] Fire alarm planning superintendent license <nl>-For 
planning.<ol> selling, leasing, installing, certifying, inspecting, testing, 
servicing, and maintaining fire alarm or fire detection devices. [Each person 
who plans a fire alarm or fire detection system must hold a fire alarm planning 
superintendent license issued by the state fire marshal.] 
     
  <nl>(b)<ol>[(c)] Posting. Wall licenses must be posted conspicuously for 
public view at the firm's business location. 
   
  <nl>(c) <ol>[(d)] Pocket license. A licensee must carry a pocket license for 
identification while engaged in the activities of the business. 
   
  <nl>(d) <ol>[(e)] Duplicate license. A duplicate license must be obtained from 
the state fire marshal to replace a lost or destroyed license. The license 
holder <nl>or registered firm<ol> must submit written notification of the loss 
or destruction without delay, accompanied by the required fee. 
   
  <nl>(e) <ol>[(f)] Revised licenses. The change of a licensee's <nl>registered 
firm<ol> [employer, home address,] or mailing address requires a revised 
license. [Licenses requiring changes must be surrendered to the state fire 
marshal] <nl>Within <ol> [within] 14 days after the change requiring the 
revision<nl>, the<ol> [. The] license holder <nl>or registered firm <ol> must 
submit written notification of the necessary change [with the surrendered 
license,] accompanied by the required fee. 
   
  <nl>(f)<ol>[(g)]  Restrictions. 
 
  (1)-(2) (No change.) 
   
  <nl>(3) Each person who engages in the activities of the business must have 
the appropriate license issued by the state fire marshal unless excepted from 
the licensing provisions by the Insurance Code, Article 5.43-2. sec.3(b)<ol> [A 
license is neither temporarily nor permanently transferable from one person to 
another]. 
 
       
  sec.531.12. Alteration of Certificates <nl>or[,] Licenses[, or Permits].  
<nl>The alteration<ol> [Alteration] of certificates <nl>or <ol>[,] licenses[, or 
permits] renders them invalid and is the basis for administrative action 
pursuant to the Insurance Code, Article 5.43-2, sec.10(b). 
 
   
  sec.531.13. [Original] Applications. 
 
  (a) Certificates of registration. 
 
  (1) Applications for certificates and branch office certificates must be 
submitted on forms provided by the state fire marshal and <nl>be<ol> accompanied 
by all fees, documents, and information required by the Insurance Code, Article 
5.43-2, and the sections of this <nl>chapter<ol> [subchapter]. An application 
will not be deemed complete until all required forms, fees, and documents have 
been received in the <nl>State Fire Marshal's<ol> [state fire marshal's] office. 
   
  (2) Applications must be signed by the sole proprietor, or by each partner of 
a partnership, or by an officer of a corporation. [For corporations, the 
application must be accompanied by the corporate charter of a Texas corporation, 
or, in the case of a foreign corporation, a copy of the Texas certificate of 
authority to do business.] For applicants using an assumed name, the application 
must also be accompanied by evidence of compliance with the Assumed Business or 
Professional Name Act, Texas Business and Commerce Code, <nl>Chapter 36<ol> [ 
s36.01]. The application must also include written authorization by the 
applicant permitting the state fire marshal or written authorization by the 
applicant permitting the state fire marshal or his representative to enter, 
examine, and inspect any premises, building, room, or establishment used by the 
applicant while engaged in the business to determine compliance with the 
provisions of the Insurance Code, Article 5.43-2, and the sections of this 
<nl>chapter <ol> [subchapter]. 
   
  (3) For corporations, the application must also include <nl>the names of each 
shareholder owning more than 25% of the shares issued by the corporation<ol>, 
the corporate taxpayer identification number, <nl>the<ol> charter number, <nl>a 
copy of the corporate charter of a Texas corporation. or, in the case of a 
foreign corporation, a copy of the Texas certificate of authority to do 
business, <ol> and a copy of the corporation's current franchise tax certificate 
of good standing issued by the <nl>State Comptroller's<ol> [state comptroller's] 
office. 
   
  (4) [Bond and] <nl>Insurance<ol> [insurance] required. 
 
  (A) The state fire marshal <nl>will<ol> [must] not issue a certificate of 
registration under these sections unless the applicant files with the <nl>State 
Fire Marshal's<ol> [state fire marshal's] office  <nl>evidence<ol> [a surety 
bond and proof] of  <nl>an acceptable general<ol> liability insurance <nl>policy 
<ol>. [The insurance must include products and completed operations coverage.] 
   
  (B) Each registered firm must maintain in force and on file in the <nl>State 
Fire Marshal's <ol> [state fire marshal's] office <nl>a<ol> [the surety bond 
and] certificate of insurance <nl>identifying the insured and the exact nature 
of the business insured<ol> [as required]. <nl>In identifying the named insured, 
the certificate of insurance must include either an assumed name or the name of 
the corporation, partners, if any, or sole proprietor, if applicable. 
   
  [(C) Evidence of public liability insurance, as required by the Insurance 
Code, Article 5.43-2, sec.5B, must be in the form of a certificate of insurance 
executed by an insurer authorized to do business in this state or, until 
September 1, 1989, a certificate of insurance for surplus lines coverage in 
compliance with the Insurance Code, Article 1.14-2, as provided for under the 
Insurance Code, Article 5.43-2, sec.5B(c). 
   
  [(D) If a certificate of registration is to be issued in the name of a 
corporation, the corporate name must be used on the applicable bond and 
insurance forms. If the corporation is obtaining a certificate of registration 
in an assumed name, the bond and insurance must be issued to the corporation 
doing business as (dba) the assumed name. Example: XYZ Corporation dba XXX Alarm 
Service. 
   
  [(E) The bond and insurance issued for a partnership must be issued to the 
name of the partnership or to the names of all the individual partners. 
   
  [(F) The bond and insurance for a proprietorship must be issued to the 
individual owner. If an assumed name is used, the bond and insurance must be 
issued to the individual doing business as (dba) the assumed name. Example: 
William Jones dba XXX Alarm Service.] 
     
  <nl>(5) Applicants for a certificate of registration who engage in monitoring 
must provide the specific business location(s) where monitoring will take place 
and the name and license number of the fire alarm licensee(s) at each business 
location. In addition the applicants must: 
 
  <nl>(A) for a central station: provide evidence of listing or certification as 
a central station by a testing laboratory approved by the Texas Commission on 
Fire Protection and a statement that the monitoring service is in compliance 
with adopted NFPA 71; or 
   
  <nl>(B) for a remote station: provide evidence of listing or certification as 
a remote station by a testing laboratory approved by the Texas Commission on 
Fire Protection, and a statement that the monitoring service is in compliance 
with adopted NFPA 72. 
       
  (b) Fire alarm licenses. 
 
  (1) In order to be complete, [original] applications for a fire alarm 
technician<nl>, residential fire alarm superintendent (single station), 
residential fire alarm superintendent,<ol> or  <nl>fire alarm planning 
superintendent license from an employee or agent<ol> of a <nl>registered<ol> 
firm [engaged in the business] must be submitted on forms provided by the state 
fire marshal and be accompanied by all fees, documents, and information required 
by the Insurance Code, Article 5.43-2, and the sections of this <nl>chapter<ol> 
[subchapter]. <nl>Applications must be signed by the applicant and by a person 
authorized to sign on behalf of the registered firm. All applicants for any type 
of license must successfully complete a qualifying examination regarding 
Insurance Code, Article 5.43-2. and the Fire Alarm Rules to be conducted by the 
State Fire Marshal's office. 
   
  <nl>(2) Applicants for fire alarm technician licenses must: 
 
  <nl>(A) furnish notification from NICET confirming the applicant's successful 
completion of the examination requirements in work elements pertaining to fire 
alarm systems, as determined by the state fire marshal; or 
   
  <nl>(B) successfully complete a technical qualifying examination to be 
conducted by the State Fire Marshal's office. 
     
  <nl>(3) Applicants for a residential fire alarm superintendent (single 
station) license must successfully complete a technical qualifying examination 
to be conducted by the State Fire Marshal's office. 
   
  <nl>(4) Applicants for a residential fire alarm superintendent license must: 
 
  <nl>(A) furnish notification from NICET confirming the applicant's successful 
completion of the examination requirements in work elements pertaining to fire 
alarm systems, as determined bY the state fire marshal; or 
   
  <nl>(B) successfully complete a technical qualifying examination to be 
conducted by the State Fire Marshal's office. 
     
  <nl>(5)<ol>[(2)]  Applications for a fire alarm planning superintendent 
license must be accompanied by one of the following documents as evidence of 
technical qualifications for a license: 
 
  (A) proof of registration in Texas as a professional engineer; or 
   
  (B) a copy of NICET's notification letter confirming the applicant's 
successful completion of the examination requirements for certification at Level 
II for fire alarm systems [or the equivalent examination requirements of another 
testing organization approved by the board for such testing]. 
     
  <nl>(6)<ol>[(3)] Individuals applying for a fire alarm planning superintendent 
license on or before September 1, 1989, without completing the NICET examination 
requirements may be issued a license for one year. At the time of renewal of 
such license, the applicant must attach to the application a copy of NICET's 
notification letter confirming the applicant's successful completion of the 
examination requirements for certification at Level II for fire alarm systems[, 
or the requirements of another testing organization approved by the board for 
such testing]. 
   
  [(4) An applicant holding a valid license in another state who desires to 
obtain a Texas license must submit the following documentation with the 
application in addition to all other information required by the Insurance Code, 
Article 5.43-2, and the sections of this subchapter: 
 
  [(A) a letter of certification from the licensing entity of another state 
certifying that the applicant holds a valid license in that state; and 
   
  [(B)  additional information from the state detailing material content of any 
required examination used to qualify for license, including NFPA or other 
standards, if applicable.] 
       
  <nl>(c) Renewal applications. 
 
  <nl>(1) In order to be complete, renewal applications for certificates and 
licenses must be submitted on forms provided by the state fire marshal and be 
accompanied by all fees, documents, and information required by the Insurance 
Code, Article 5.43-2, and the sections of this chapter. A complete renewal 
application deposited with the United States Postal Service is deemed to be 
timely filed, regardless of actual date of delivery, when its envelope bears a 
postmark date which is before the expiration of the certificate or license being 
renewed. 
   
  <nl>(2) A license may not be renewed if the applicant is not currently an 
employee or an agent of a registered firm. 
 
       
  sec.531.14. Fees. 
 
  (a) Every fee required in accordance with the provisions of the Insurance 
Code, Article 5.43-2, and the sections of this chapter must be paid by cash, 
money order, or check. Money orders and checks must be made payable to the Texas 
Commission on Fire Protection. 
   
  (b)  Fees must be paid at the Office of the State Fire Marshal in Austin, 
Texas, or mailed to an address specified by the state fire marshal. 
   
  (c)  Fees are as follows. 
 
  (1) Fire alarm certificate of registration: 
 
  (A) initial fee-$500; 
   
  (B) renewal fee (for two years)-$1, 000; 
   
  (C) branch office initial fee-$150; and 
   
  (D) renewal fee (for two years)-$300. 
     
  (2) Fire alarm technician license: 
 
  (A) initial fee-$100; and 
   
  (B) renewal fee (for two years)-$200. 
     
  (3) Residential fire alarm superintendent (single station) license: 
 
  (A) initial fee-$100; and 
   
  (B)  renewal fee (for two years)-$200. 
     
  (4) Residential fire alarm superintendent license: 
 
  (A) initial fee-$100; and 
   
  (B)  renewal fee (for two years)-$200. 
     
  (5) Fire alarm planning superintendent license: 
 
  (A) initial fee-$100; and 
   
  (B)  renewal fee (for two years)-$200. 
     
  (6) Duplicate or revised certificates or licenses or other requested changes 
to certificates or licenses-$20 
   
  (7) Examination fee-$20. 
   
  (8) Reexamination fee-$20. 
     
  (d) Late fees are required of all certificate or license holders who fail to 
submit complete renewal applications before the expiration of the certificate or 
license except as provided in the Insurance Code, Article 5.43-2, sec.5C(c). 
   
  (e) Fees for certificates and licenses which have been expired for less than 
two years include both renewal and late fees and must be determined in 
accordance with the following schedule. 
 
  [graphic] 
       
  
  sec.531.15. Examination. 
 
  (a) Each applicant for a license must pass the appropriate examinations. 
Examinations may be supplemented by practical tests or demonstrations necessary 
to determine the applicant's knowledge and ability. 
 
  (1) The license examination will include a section on this chapter and the 
Insurance Code, Article 5.43-2, and a technical qualifying examination: 
 
  (A) to be conducted by the State Fire Marshal's office; or 
   
  (B)  to be conducted by NICET. 
     
  (2) The Standards used in examinations will be those adopted in sec.531.7 of 
this title (relating to Adopted Standards). 
     
  (b) Examinees who fail must file a reexamination application accompanied by 
the required fee in order to be reexamined on the next scheduled examination 
date. 
   
  (c) A person whose license has been expired for two years or longer who makes 
application for a new license must take and pass another examination. No 
examination is required for a licensee whose license is renewed within two years 
of expiration. 
 
     
  sec.531.16. Sales, Installation, and Service. 
 
  (a) Residential alarms (single station). 
 
  (1) Registered firms may employ persons exempt from the licensing provisions 
of the Insurance Code, Article 5.43-2,  s3(b)(10) to sell, install, and service 
residential, single station alarms. Exempted persons must be under the 
supervision of a residential fire alarm superintendent (single station), 
residential fire alarm superintendent, or fire alarm planning superintendent. 
   
  (2) Each registered firm that employs persons exempt from licensing provisions 
of the Insurance Code, Article 5.43-2, sec.3(b)(10) is required to maintain 
documentation to include lesson plans and annual test results demonstrating 
competency of said employees regarding the provisions of Article 5.43-2, adopted 
standards, and this chapter applicable to single station devices. 
     
  (b) Fire detection and fire alarm devices or systems other than residential 
single station. 
 
  (1) The sale or lease of fire alarm devices or systems must be performed under 
the direct supervision of a licensed residential fire alarm superintendent or 
fire alarm planning superintendent. 
   
  (2) The installation, inspection, or servicing of all fire detection and fire 
alarm devices or systems, including monitoring equipment, subject to the 
Insurance Code, Article 5.43-2 must be performed by or under the direct 
supervision of a licensed fire alarm technician, residential fire alarm 
superintendent, or a fire alarm planning superintendent. The certifying licensee 
must be present for the final test prior to certification. 
   
  (3) If the installation or servicing of a fire alarm system also includes 
installation or servicing of any part of a fire protection sprinkler system 
and/or a fire extinguisher system other than inspection and testing of detection 
or supervisory devices, the licensing requirements of the appropriate Insurance 
Code, Article 5.43-1 or 5.43-3 must be satisfied. 
   
  (4) Installation of fire detection or fire alarm devices or systems, including 
monitoring equipment, must be in accordance with standards adopted in sec.531.7 
of this title (relating to Adopted Standards) except: 
 
  (A) that a fire alarm system installed in compliance with NFPA 74 may utilize 
a single non-dedicated telephone line to transmit the system signals to a 
registered monitoring firm; or 
   
  (B) when the installation complies with a more recent edition of an adopted 
standard or a Tentative Interim Amendment published as effective by the NFPA. 
 
         
  sec.531.17. <nl>Certification.  [Installation, Service, and Certification.] 
 
  [(a) The installation, inspection, or servicing of all fire detection and fire 
alarm devices or systems in Texas must be performed by or under the direct on-
site supervision of a licensed fire alarm technician or a fire alarm planning 
superintendent who must certify the work upon completion of the activity. The 
certifying licensee must be present for the final test prior to certification.] 
   
  [(b)] ]After completion of the installation of a system or single station 
detector unit, the licensee shall complete and present an installation 
certificate to the owner <nl>or his representative[<ol>,] or post the 
certificate near the main control panel. <nl>The installation certificate shall 
identify the standards applicable to the installation and certify compliance 
with such standards, unless variance is permitted in sec.531.16(b)(4) of this 
title (relating to Sales, Installation, and Service). in which event the 
specific variance and authority for such variance shall be identified.<ol> The 
installation certificate form shall be furnished by the state fire marshal. When 
an installation certificate form has been completed, legible copies shall be 
distributed as follows: 
 
  (1)  original at the site of installation after completion of the 
installation; 
   
  (2) one copy retained by the <nl>certifying <ol> [installing] company; 
   
  (3) one copy to be sent within 10 days after completion of installation to the 
authority having jurisdiction; and 
   
  (4) one copy to be sent within 10 days after completion of installation to the 
<nl>State Fire Marshal's<ol> [state fire marshal's] office, Austin. 
     
  [(c)  Testing must be in compliance with the appropriate standards adopted in 
sec.27.207 of this title (relating to Adopted Standards) for purposes of 
certification under the sections of this subchapter.] 
 
     
  sec.531.18. Fire Alarm and Detection System Plans. 
 
  (a)  <nl>Each<ol> [All] fire alarm [or detection devices or] <nl>system or 
modification to an existing system<ol> [systems, other than combination systems 
containing a single detection or alarm device,] must be planned by a person 
holding a fire alarm planning superintendent license or a Texas <nl>registered 
<ol> [licensed] professional engineer [acting solely in his professional 
capacity]. 
   
  (b) Plans showing details of system wiring, control panel terminal 
identification, and device location, with functional information and 
instructions on system operation, must be provided to the building owner or his 
representative [if the system consists of two or more alarm or detection 
devices]. Subsequent modifications, additions, or alterations must be legibly 
noted on updated plans and provided to the owner or his representative. 
   
  (c) Plans must bear the <nl>name,<ol> signature<nl>,<ol> and license number of 
the licensed fire alarm planning superintendent <nl>or Texas registered 
professional engineer <ol>, the <nl>completion <ol> date [of installation, 
alteration, or addition] and the name, address, and certificate [-of-
registration] number of the registered firm. 
   
  (d) A rubber stamp may be used <nl>by a licensed fire alarm planning 
superintendent<ol> to supply the information required by subsection (c) of this 
section, except that a stamped signature is prohibited. If a rubber stamp is 
used, it must produce an imprint <nl>at least <ol> two [1/2] inches wide by one 
inch high, all in bold type and capital letters, and in the following format: 
 
  [graphic] 
       
  
  sec.531.19. Installation and Service Labels. 
 
  (a) After an installation <nl>or modification <ol> has been completed, an 
installation label must be affixed to the inside of the control panel <nl>cover 
or, if the system has no panel, in a permanently visible location designated by 
the property owner<ol> [in a manner to remain permanently visible]. Installation 
labels must be four inches in height and four inches in width and must be of the 
<nl>gummed<ol> [gum] label type. Installation labels must be white with black 
lettering. Installation labels must contain [only] the following information in 
the format of the label shown in subsection (b) of this section: 
 
  (1) the inscription "DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL-FIRE 
ALARM INSTALLATION RECORD" (all in capital letters, at least 10-point <nl>bold 
face <ol> [boldface] type); 
   
  (2) the firm's name, address, and telephone number ( <nl>either main office or 
branch office)<ol>; 
   
  (3) the firm's certificate-of-registration number; 
   
  (4) the signature and license number of the certifying licensee <nl>(a stamped 
signature is prohibited); 
   
  (5) <nl>if required,<ol> the name and license number of the planning 
superintendent <nl>or Texas registered professional engineer <ol>; and 
   
  (6) the date of installation. 
     
  (b) Installation label: 
 
  [graphic] 
   
  (c) After any service<nl>, including testing in connection with initial 
installation<ol>, a fire alarm service label must be completed in detail and 
affixed to the inside of the control panel <nl>cover or, if the system has no 
panel, in a permanently visible location designated by the property owner<ol>. 
The signature of the licensee on the service label certifies that the service 
performed complies with requirements of law. 
   
  (d) A new service label must be affixed each time service is performed and 
must be green in color with black lettering. 
   
  (e) The label must be <nl>at least <ol> three inches in height and three 
inches in width and must be of the <nl>gummed<ol> [gum] label type <nl>that 
allows for label removal<ol>. Service labels must contain [only] the following 
information in the format of the service label shown in subsection (f) of this 
section: 
 
  (1) the inscription "DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL-SERVICE 
RECORD" (all in capital letters, at least 10-point <nl>bold face<ol> [boldface] 
type); 
   
  (2) the firm's name, address, and telephone number  <nl>(either main office or 
branch office)<ol>; 
   
  (3)  the firm's certificate-of-registration number; 
   
  (4) the signature and license number of the certifying licensee <nl>(a stamped 
signature is prohibited)<ol>; 
   
  (5) the date of service performed; and 
   
  (6)  the type of service performed. 
     
  (f) Service <nl>label<ol> [Label]: 
 
  [graphic] 
   
  (g) If [impairments are found indicating] a fire alarm system <nl>does not 
comply<ol> [has been installed in a manner not complying] with applicable [NFPA] 
standards <nl>, has a fault condition, <ol> or is [found to be] inoperable, the 
owner or his representative must be notified in writing <nl>by the registered 
firm<ol> of the  <nl>conditions which cause the system to be out of compliance, 
to be in a fault condition, or to be inoperable. The registered firm must send a 
copy of this notice to the authority having jurisdiction and must comply with 
the requirements of sec.531.20 (relating to Yellow Labels) and sec.531.21 
(relating to Red Labels) of this title [impairments]. 
 
     
  sec.531.20. Yellow Labels. 
 
  (a) If a fire alarm system <nl>does not comply<ol> [is found in noncompliance] 
with applicable [NFPA] standards <nl>adopted at the time the system was 
installed or has a fault condition that does not render the system 
inoperable<ol>, a completed yellow label must be attached to the outside of the 
control panel <nl>cover or, if the system has no panel, in a permanently visible 
location designated bY the property owner<ol> [door] to indicate that corrective 
action is necessary. 
   
  [(b) Yellow labels must conform to requirements of  s27.221(d),(e) and (g) of 
this title (relating to Red Labels), except that the yellow-label inscription 
must be titled: "DO NOT REMOVE--SYSTEM NOT IN COMPLIANCE WITH NFPA STANDARDS."] 
   
  <nl>(b)<ol>[(c)] The signature of the licensee on a yellow label certifies  
<nl>that<ol> the <nl>conditions <ol> [impairments] listed on the label cause the 
system to be out of compliance with <nl>applicable<ol> [NFPA] standards. 
   
  <nl>(c) Yellow labels must be at least three inches in height and three inches 
in width and be of a gummed label type that allows for label removal. Labels 
must be printed with black lettering. 
   
  <nl>(d) Yellow labels must bear the following information in the format of the 
label shown in subsection (e) of this section: 
 
  <nl>(1) the inscription "DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL-
SYSTEM DOES NOT COMPLY WITH APPLICABLE STANDARDS AND/OR HAS A FAULT CONDITION" 
(all in capital letters, at least 10-point bold face type); 
   
  <nl>(2) the firm's name, address, and telephone number (either main office or 
branch office); 
   
  <nl>(3) the firm's certificate-of-registration number; 
   
  <nl>(4) the signature and license number of the certifying licensee (a stamped 
signature is prohibited); 
   
  <nl>(5) the date the label is affixed; and 
   
  <nl>(6) a list of the non-complying and/or fault conditions. 
     
  <nl>(e)<ol>[(d)] A yellow label may be removed only by <nl>a licensed <ol> [an 
authorized] employee <nl>or agent<ol> of a registered firm <nl>that <ol> [who] 
has corrected the <nl>conditions<ol> [impairments] and certified the service [or 
by an employee of the state fire marshal's office or another governmental agency 
with regulatory authority]. 
   
  <nl>(f) Yellow label: 
 
  [graphic] 
       
  
  sec.531.21. Red Labels. 
 
  (a) If the system <nl>or any part thereof<ol> is [found] inoperable, a 
completed red label must be attached to the outside of the control panel 
<nl>cover or, if the system has no panel, in a permanently visible location 
designated by the property owner<ol> [door] to indicate that corrective action 
or system replacement is necessary. 
   
  (b)  The signature of the licensee on a red label certifies <nl>that<ol> the 
<nl>conditions <ol> [impairments] listed on the label have caused the system to 
be inoperable. 
   
  (c) A completed service label must not be attached to the system by the 
licensee until the <nl>conditions <ol> [impairments] <nl>are <ol> [have been] 
corrected and the fire alarm system <nl>: 
 
  <nl>(1) is<ol> reinspected [and found to be]<nl>: 
   
  <nl>(2)  is<ol> in compliance withapplicable [NFPA] standards<nl>;<ol> and 
   
  <nl>(3) is<ol> in good operating condition. 
     
  (d) Red labels must be <nl>at least three inches in height and three inches in 
width [the same size as service labels] and be of a gummed<ol> [gum] label type 
that allows for label removal. Labels must be printed with black lettering. 
   
  (e) Red labels must bear the following information in the format of the label 
shown in subsection (g) of this section: 
 
  (1) the inscription "DO NOT REMOVE <nl>BY ORDER OF THE STATE FIRE MARSHAL<ol>-
SYSTEM <nl>IS INOPERABLE<ol> [IMPAIRED]" (all in capital letters, at least 10-
point <nl>bold face<ol> [boldface] type); 
   
  (2) the firm's name, address, and telephone number  <nl>(either main office or 
branch office) <ol>; 
   
  (3) the firm's certificate-of-registration number; 
   
  (4) the signature and license number of the certifying licensee <nl>(a stamped 
signature is prohibited)<ol>; 
   
  (5) the date the label is affixed; and 
   
  (6) the list of <nl>conditions<ol> [impairments]. 
     
  (f) A red label may be removed only by <nl>a licensed<ol> [an authorized] 
employee <nl>or agent<ol> of a registered firm who has corrected the 
<nl>conditions<ol> [impairments] and certified the service [or an employee of 
the state fire marshal's office or another governmental agency with regulatory 
authority]. 
   
  (g) Red <nl>label<ol> [Label]: 
 
  [graphic] 
       
  
  sec.531.22. Enforcement. 
 
  (a) The State Fire Marshal, or his representative, may conduct investigations 
of registered firms to determine compliance with the Insurance Code, Article 
5.43-2 and this chapter. An investigation may be initiated on the written 
complaint of any party or by the Texas Commission on Fire Protection on its own 
motion. 
   
  (b) When an investigation reveals non-compliance, the firm and any licensee 
responsible for the work shall be notified in writing of the non- compliance 
upon completion of the investigation report. 
   
  (c) The Texas Commission on Fire Protection, in its discretion, may require 
correction of the violations found, or it may initiate agency proceedings 
seeking appropriate sanctions pursuant to the Insurance Code, Article 1.10, 
sec.7(a) and Article 5.43-2, sec.10(b). 
 
     
  sec.531.23. Severability.  If any provision of this chapter or the application 
thereof to any person or circumstance is held invalid for any reason, the 
invalidity shall not affect the other provisions or any other application of 
this chapter which can be given effect without the invalid provisions or 
application. To this end all provisions of the sections of this chapter are 
declared to be severable. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on December 1, 1992. 
 TRD-9216028 
  Jack Woods 
 General Counsel 
 Texas Commission on Fire Protection 
    Earliest possible date of adoption: January 8, 1993 
 For further information, please call: (512) 873-1700 
         
         
  37 TAC sec.sec.531.14-531.16, 531.22 
 
  (Editor's note: The text of the following sections proposed for repeal will 
not be published. The sections may be examined in the offices of the Texas 
Commission on Fire Protection or in the Texas Register office, Room 245, James 
Earl Rudder Building, 1019 Brazos Street, Austin.) 
   
  The Texas Commission on Fire Protection proposes the repeal of sec.sec.531. 
14-531.16 and 531.22, concerning regulation of the business of inspecting, 
planning, certifying, leasing, selling, servicing, testing, installing, 
monitoring, and maintaining fire alarm or fire detection devices and systems. 
The sections proposed for repeal will be replaced by new sections relating to 
the same subject matter published in this issue of the  Texas Register as 
proposed new rules. 
 Ernest Emerson, state fire marshal, has determined that for the first five-year 
period the repeals are in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the repeals. 
 Mr. Emerson also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of enforcing 
the repeals will be the replacement of obsolete language by new sections 
intended to improve the quality of protection afforded property and lives by 
fire alarm equipment. 
 Comments on the proposal may be submitted to Mike Hines, Executive Director, 
Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286. 
 The repeals are proposed under Article 5.43-2, sec.sec.4, 4A, and 6 which 
provides the Texas Commission on Fire Protection with the authority to adopt 
rules necessary to its administration through the state fire marshal for the 
protection and preservation of life and property. 
 
 
  sec.531.14. Renewal Application. 
 
   
  sec.531.15. Fees. 
 
   
  sec.531.16. Examination. 
 
   
  sec.531.22. Severability. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on December 1, 1992. 
 TRD-9216029 
  Jack Woods 
 General Counsel 
 Texas Commission on Fire Protection 
    Earliest possible date of adoption: January 8, 1993 
 For further information, please call: (512) 873-1700 
         
               
  TITLE 40. SOCIAL SERVICES AND ASSISTANCE 
 Part I. Texas Department of Human Services 
  Chapter 61. Community Services 
  
  Volunteer Services 
 
  The Texas Department of Human Services (DHS) proposes the repeal of 
sec.sec.61.9001-61.9004 and 61.9013-61.9018, new sec.sec.61.9001-61.9004 and 61. 
9013, and amendments to  ssec.61.9005-61.9008 and sec.sec.61.9010-61.9012, 
concerning volunteer services, in its Community Services chapter. The purpose of 
the repeals, new sections, and amendments is to reflect organizational changes 
in DHS and the addition of risk management practices to protect volunteers and 
DHS. 
 Burton F. Raiford, commissioner, has determined that for the first five- year 
period the proposal is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the proposal. 
 Mr. Raiford also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be a volunteer program with clear rights, benefits, and 
responsibilities. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the 
proposed repeal, new sections, and amendments. 
 Questions about the content of this proposal may be directed to Susan Smith at 
(512) 450-3135 in DHS's Volunteer Services Section. Comments on the proposal may 
be submitted to Nancy Murphy, Policy and Document Support-268, Texas Department 
of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 
days of publication in the Texas Register . 
   
  40 TAC sec.sec.61.9001-61.9004, 61.9013-61.9018 
 The repeals are proposed under the Human Resources Code, Title 2, Chapter 22 
which authorizes the department to administer public assistance programs. 
 
 
  sec.61.9001. Volunteer Reimbursement. 
 
   
  sec.61.9002. Definition. 
 
   
  sec.61.9003. Categories of Services. 
 
   
  sec.61.9004. Social Services Advisory Committee. 
 
   
  sec.61.9013. Membership of the Financial and Social Services Advisory 
Committee. 
 
   
  sec.61.9014. Officers of the Social Services Advisory Committee. 
 
   
  sec.61.9015. Expenses and Travel for the Financial and Social Services 
Advisory Committee. 
 
   
  sec.61.9016. Department Support of the Financial and Social Services Advisory 
Committee. 
 
   
  sec.61.9017. Terms of Membership. 
 
   
  sec.61.9018. Criteria for Use of Volunteers by Contracting Agencies. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on December 2, 1992. 
 TRD-9216030 
  Nancy Murphy 
 Agency liaison, Policy and Document Support 
 Texas Department of Human Services 
    Proposed date of adoption: January 31, 1993 
 For further information, please call: (512) 450-3765 
         
       
  40 TAC sec.sec.61.9001-61.9004, 61.9013 
 
  The new sections are proposed under the Human Resources Code, Title 2, Chapter 
22 which authorizes the department to administer public assistance programs. 
 
 
  sec.61.9001. Definition. 
 
  (a) Volunteers are individuals who give their time, skills, or contributions 
for the benefit of clients, directly or indirectly. They do so as individuals or 
as groups without expectation of reimbursement for services they render, 
although Texas Civil Statutes, Article 6252-11e permits reimbursement for actual 
and necessary expenses. 
   
  (b)  Volunteers recruited, trained, and assigned for a specific task are 
considered volunteer staff to the Texas Department of Human Services (DHS). As 
such, they have access to materials, equipment, and information needed to 
perform the assigned task. All volunteers must abide by the same regulations as 
DHS employees and have the same rights to equal opportunity and complaint 
procedures. 
   
  (c) Each volunteer working directly for DHS must be registered and must be 
supervised by a DHS paid staff member or designated volunteer. 
 
     
  sec.61.9002. Categories of Services. 
 
  (a) Some volunteers and community partnerships provide direct help to clients. 
 
  (1) When delivering services to clients under the direct supervision of the 
Texas Department of Human Services (DHS) or contracted staff, volunteers must 
work from the client's service plan. Volunteers must document their interaction 
with clients as required by the specific program standards. 
   
  (2)  Before a group of volunteers works with a client, the client must grant 
permission for the release of information. Permission must be documented in the 
client's case record. 
     
  (b) Other volunteers provide indirect support services including working in 
DHS offices, serving on boards, and advocating for DHS and clients. 
   
  (c) Except in the case of a staff member's illness or temporary absence, the 
volunteer does not replace a staff member but supplements the work of staff 
members in positions which have not been adequately funded or which have an 
emergency work load. 
 
     
  sec.61.9003. Volunteer Reimbursement. 
 
  (a) If funds are available, the Texas Department of Human Services (DHS) may 
reimburse a volunteer according to approved state limits and local program 
budgets. Reimbursement may include travel, per diem, and other out-of- pocket 
expenses such as training fees. 
   
  (b) A region or program area may set its own local policy for reimbursement 
which could limit reimbursement to only retired citizens or student interns. 
Mechanical repairs or the cost of replacement parts for personal vehicles are 
not reimbursed. Reimbursement is an allowable use of federal block grant, 
formula grant, and discretionary funds. Staff may investigate other sources of 
funding such as donations from civic, fraternal, or religious organizations. 
   
  (c) Community service directors, regional volunteer specialists, and medical 
transportation officers must coordinate activities to meet the needs of Social 
Security Act Title XIX clients as they relate to volunteer activity. These 
volunteers are reimbursed according to Title XIX guidelines. All arrangements 
for the reimbursement of volunteers providing transportation under the Title XIX 
Medical Transportation Program must be made in advance. 
   
  (d) A personal identification number, letter of agreement, and purchase 
voucher are required to reimburse volunteers for allowable transportation costs. 
The staff person who supervises the volunteer activity is responsible for 
approving the purchase voucher. 
 
     
  sec.61.9004. Volunteer Insurance. 
 
  (a) All volunteers directly supervised by Texas Department of Human Services 
(DHS) staff or by DHS-designated volunteers are covered for excess accident and 
personal liability insurance. This is a secondary insurance and covers the 
volunteer in the performance of volunteer services. 
   
  (b) If funds are available, volunteers, especially those who transport 
clients, may be covered for excess automobile insurance. The insurance is 
secondary and will only apply if the volunteer has met state insurance 
requirements. 
 
     
  sec.61.9013. Criteria for Use of Volunteers by Contracting Agencies.   
Contract agencies must involve volunteers in service delivery, where feasible. 
Staff should include volunteer involvement as one of the elements in awarding 
contracts in the Request for Proposal (RFP) process. When the contract proposals 
include the use of volunteers in any stage of the delivery of services to Texas 
Department of Human Services clients, staff who review the proposal will see 
that the contract proposal includes the following points: 
 
  (1) the number of volunteers to be used; 
   
  (2) task description for those volunteers; 
   
  (3) source of volunteers and recruitment; 
   
  (4) orientation and training volunteers receive; 
   
  (5) coordination of the work of volunteers; 
   
  (6) methods for reporting volunteer services and hours to department clients 
through regional coordinator; and 
   
  (7) provision for insurance coverage in the event that volunteers are used to 
provide transportation services. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on December 2, 1992. 
 TRD-9216031 
  Nancy Murphy 
 Agency liaison, Policy and Document Support 
 Texas Department of Human Services 
    Proposed date of adoption: January 31, 1993 
 For further information, please call: (512) 450-3765 
         
           
  40 TAC sec.sec.61.9001-61.9004, 61.9013 
 
  The new sections are proposed under the Human Resources Code, Title 2, Chapter 
22 which authorizes the department to administer public assistance programs. 
 
 
  sec.61.9001. Definition. 
 
  (a) Volunteers are individuals who give their time, skills, or contributions 
for the benefit of clients, directly or indirectly. They do so as individuals or 
as groups without expectation of reimbursement for services they render, 
although Texas Civil Statutes, Article 6252-11e permits reimbursement for actual 
and necessary expenses. 
   
  (b)  Volunteers recruited, trained, and assigned for a specific task are 
considered volunteer staff to the Texas Department of Human Services (DHS). As 
such, they have access to materials, equipment, and information needed to 
perform the assigned task. All volunteers must abide by the same regulations as 
DHS employees and have the same rights to equal opportunity and complaint 
procedures. 
   
  (c) Each volunteer working directly for DHS must be registered and must be 
supervised by a DHS paid staff member or designated volunteer. 
 
     
  sec.61.9002. Categories of Services. 
 
  (a) Some volunteers and community partnerships provide direct help to clients. 
 
  (1) When delivering services to clients under the direct supervision of the 
Texas Department of Human Services (DHS) or contracted staff, volunteers must 
work from the client's service plan. Volunteers must document their interaction 
with clients as required by the specific program standards. 
   
  (2)  Before a group of volunteers works with a client, the client must grant 
permission for the release of information. Permission must be documented in the 
client's case record. 
     
  (b) Other volunteers provide indirect support services including working in 
DHS offices, serving on boards, and advocating for DHS and clients. 
   
  (c) Except in the case of a staff member's illness or temporary absence, the 
volunteer does not replace a staff member but supplements the work of staff 
members in positions which have not been adequately funded or which have an 
emergency work load. 
 
     
  sec.61.9003. Volunteer Reimbursement. 
 
  (a) If funds are available, the Texas Department of Human Services (DHS) may 
reimburse a volunteer according to approved state limits and local program 
budgets. Reimbursement may include travel, per diem, and other out-of- pocket 
expenses such as training fees. 
   
  (b) A region or program area may set its own local policy for reimbursement 
which could limit reimbursement to only retired citizens or student interns. 
Mechanical repairs or the cost of replacement parts for personal vehicles are 
not reimbursed. Reimbursement is an allowable use of federal block grant, 
formula grant, and discretionary funds. Staff may investigate other sources of 
funding such as donations from civic, fraternal, or religious organizations. 
   
  (c) Community service directors, regional volunteer specialists, and medical 
transportation officers must coordinate activities to meet the needs of Social 
Security Act Title XIX clients as they relate to volunteer activity. These 
volunteers are reimbursed according to Title XIX guidelines. All arrangements 
for the reimbursement of volunteers providing transportation under the Title XIX 
Medical Transportation Program must be made in advance. 
   
  (d) A personal identification number, letter of agreement, and purchase 
voucher are required to reimburse volunteers for allowable transportation costs. 
The staff person who supervises the volunteer activity is responsible for 
approving the purchase voucher. 
 
     
  sec.61.9004. Volunteer Insurance. 
 
  (a) All volunteers directly supervised by Texas Department of Human Services 
(DHS) staff or by DHS-designated volunteers are covered for excess accident and 
personal liability insurance. This is a secondary insurance and covers the 
volunteer in the performance of volunteer services. 
   
  (b) If funds are available, volunteers, especially those who transport 
clients, may be covered for excess automobile insurance. The insurance is 
secondary and will only apply if the volunteer has met state insurance 
requirements. 
 
     
  sec.61.9013. Criteria for Use of Volunteers by Contracting Agencies.   
Contract agencies must involve volunteers in service delivery, where feasible. 
Staff should include volunteer involvement as one of the elements in awarding 
contracts in the Request for Proposal (RFP) process. When the contract proposals 
include the use of volunteers in any stage of the delivery of services to Texas 
Department of Human Services clients, staff who review the proposal will see 
that the contract proposal includes the following points: 
 
  (1) the number of volunteers to be used; 
   
  (2) task description for those volunteers; 
   
  (3) source of volunteers and recruitment; 
   
  (4) orientation and training volunteers receive; 
   
  (5) coordination of the work of volunteers; 
   
  (6) methods for reporting volunteer services and hours to department clients 
through regional coordinator; and 
   
  (7) provision for insurance coverage in the event that volunteers are used to 
provide transportation services. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on December 2, 1992. 
 TRD-9216031 
  Nancy Murphy 
 Agency liaison, Policy and Document Support 
 Texas Department of Human Services 
    Proposed date of adoption: January 31, 1993 
 For further information, please call: (512) 450-3765 
         
           
  40 TAC sec.sec.61.9005-61.9008, 61.9010-61.9012 
 
  The amendments are proposed under the Human Resources Code, Title 2, Chapter 
22 which authorizes the department to administer public assistance programs. 
 
 
  sec.61.9005. Recruiting.  Volunteers <nl>are<ol> [should be] recruited <nl>to 
fill <ol> [for] specific <nl>job descriptions<ol> [tasks] with a known time 
commitment. 
 
   
  sec.61.9006. Selection and Screening. 
 
  (a) Each person who volunteers [his] services to  <nl>the Texas Department of 
Human Services<ol> [a local office] <nl>must <ol> [should] complete  <nl>a 
Volunteer Registration Form <ol> [an Application for Volunteer Services] in 
order to have on record some basic information [about each volunteer]. This 
information may be used in planning and evaluating [services] and for providing 
information <nl>about <ol> [to] the volunteer <nl>to the supervisor<ol>. 
Interviewing, screening and training of volunteers should be done on an 
individual basis whenever possible. If the nature of the service or the group is 
such that individual registration of each member of the group is impossible or 
unnecessary, careful training of the group <nl>including information on 
confidentiality requirements <ol> will suffice. <nl>The job description should 
be matched with the potential volunteer's<ol> [Consideration should be given to] 
fields of interest, past relevant activities, and competence and motivation for 
service. 
   
  (b) The screening process for individuals [occurs simultaneously with 
orientation and training. This process] should enable  <nl>both<ol> the 
volunteer <nl>and staff<ol> to select [his service and allow the staff to judge] 
appropriate assignments for each individual. 
 
     
  sec.61.9007. Training for Volunteers. 
 
  (a) All volunteers must receive orientation and training [prior to service]. 
The extent of this training will vary depending upon the task to be done. If it 
is to be a short term job, informal training may be given by the <nl>volunteer's 
supervisor or by the regional volunteer specialist/community service director 
<ol> [volunteer consultant]. 
   
  (b) Volunteers may, by prior arrangement with the continuing education staff, 
participate in relevant parts of new employee training sessions [which might not 
be covered by the training listed in subsection (a) of this section]. 
   
  (c) Specific task training of volunteers is the responsibility of the staff 
who will supervise the volunteer. This will include training for the task as 
well as an <nl>explanation <ol> [understanding] of office procedures and 
expectations of the volunteer [staff]. 
   
  (d) Volunteers may receive on-the-job training as arranged by their supervisor 
or regional volunteer <nl>specialist/community service director<ol> 
[consultant]. Should the volunteer task assignment change, appropriate training 
will be given before the <nl>new assignment begins<ol> [task has begun]. 
 
     
  sec.61.9008. Task Assignment. 
 
  (a) <nl>When delivering services to clients under the direct supervision of 
Texas Department of Human Services (DHS) or contracted staff, volunteers must 
work from the client's service plan. Volunteers must document their interaction 
with clients as required by the specific program standards.<ol> [Volunteers are 
responsible for recording any action in which they are involved with clients. 
These recorded actions should be included as a part of a case record.] 
   
  (b)  Volunteers are expected to commit themselves to any assignment which they 
accept and are expected to perform that task dependably. They are to report 
immediately any circumstances which prevent performance to the <nl>supervisor or 
regional volunteer specialist/community service director<ol> [coordinator or his 
representative]. Volunteers should not be asked to perform any task that is in 
conflict with  <nl>DHS<ol> [department] policy <nl>or with federal, state, or 
local laws<ol>. 
 
     
  sec.61.9010. Coordination.  Volunteers who use their own automobiles to 
transport clients <nl>must<ol> [should] carry <nl>at minimum the <ol> auto 
liability insurance <nl>required by Texas State law and must hold a valid 
driver's license <ol> [according to the suggestions of their insurance advisor]. 
<nl>Volunteers transporting infants and small children must use child safety 
seats.<ol> A volunteer's liability in regard to <nl>Texas Department of Human 
Services<ol> [department] clients should be discussed with each volunteer in 
orientation. 
 
   
  sec.61.9011. Identification Card. Each volunteer should <nl>be given<ol> 
[have] a volunteer identification card <nl>prior to starting work. For<ol> [for] 
the protection of <nl>clients and<ol> the volunteer [and the department]  <nl>it 
is recommended that each volunteer working directly with clients be provided 
with a photo identification card<ol>. [This card, identifying the volunteer by 
name and signed by the coordinator of volunteer services, is proof that the 
bearer is a registered department volunteer performing services in the name of 
the department. These cards are obtained through regional volunteer coordinators 
and should be furnished each volunteer when the volunteer is assigned his first 
volunteer tasks for the department.] <nl>A <ol> [The] volunteer <nl>who <ol> 
[should be required to return the card to the coordinator when he] decides not 
to participate further in the volunteer services program of the <nl>Texas 
Department of Human Services (DHS)<ol> [department] <nl>is required to return 
the card to DHS<ol>. This card is to be used for identification purposes only. 
 
   
  sec.61.9012. Volunteer Support. 
 
  (a) Volunteers may use <nl>Texas Department of Human Services (DHS) <ol> 
[department] office space, office equipment, and consumable supplies so long as  
<nl>DHS<ol> [the department] maintains control over the space, equipment, and 
supplies. 
   
  (b) Volunteers may not use <nl>DHS<ol> [department] vehicles. 
   
  (c) <nl>DHS<ol> [The department] does not have authority to fund banquets or 
meals honoring volunteer groups[.]<nl>, but may recognize volunteers with 
plaques, certificates, and other recognition items in accordance with personnel 
policies. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on December 2, 1992. 
 TRD-9216032 
  Nancy Murphy 
 Agency liaison, Policy and Document Support 
 Texas Department of Human Services 
    Proposed date of adoption: January 31, 1993 
 For further information, please call: (512) 450-3765 
         
                 Part VI. Texas Commission for the Deaf and Hearing Impaired 
  Chapter 183. Board for Evaluation of Interpreters and Interpreter 
Certification 
  
  Subchapter E. Fees 
 
  40 TAC sec.183.573 
 
  The Texas Commission for the Deaf and Hearing Impaired proposes an amendment 
to sec.183.573, concerning fees. The proposal amends the fees section, 
increasing fees for obtaining certification through evaluation, or 
recertification by paperwork and standardizes fees for certification by 
reciprocity. 
 Texana Faulk Conn, TCDHI Chairperson, has determined that for the first five-
year period the section is in effect the fiscal implications for state or local 
government as a result of enforcing or administering the section would be an 
increase in payments to the state. The increase brings the evaluation fees more 
in line with other state licensing entities and will enable the program to run 
more efficiently covering increased costs of materials and evaluations. 
 Ms. Faulk Conn also has determined that for each year of the first five years 
the section is in effect the public benefit anticipated as a result of enforcing 
the section will be more availability of evaluators, a reduced waiting list, and 
increased numbers of certified interpreters. The effect on small businesses will 
be an increased availability of licensed interpreters to ensure compliance with 
the Americans with Disabilities Act. The anticipated economic cost to persons 
who are required to comply with the section as proposed will range from $25-$60 
per individual depending on level of certification they are attempting to 
obtain. 
 Comments on the proposal may be submitted to Billy Collins, Director of Service 
Programs, Texas Commission for the Deaf and Hearing Impaired, P.O. Box 12904, 
Austin, Texas 78711-2904. 
 The amendment is proposed under the Texas Human Resources Code, Chapter 81, 
sec.81.006, which provides the commission with the authority to adopt such 
rules. 
 
 
  sec.183.573. Fees.  The commission shall charge the following fees. 
 
  [graphic] 
     
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on November 16, 1992. 
 TRD-9216021 
  Texana Faulk Conn 
 Chairperson 
 Texas Commission for the Deaf and Hearing Impaired 
    Earliest possible date of adoption: January 8, 1993 
 For further information, please call: (512) 444-3323