Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 5. Transportation Division Subchapter B. Operating Certificates Permits and Licenses 16 TAC sec.5.28 The Railroad Commission of Texas adopts an amendment to sec.5.28, concerning Specialized Motor Carriers of Petroleum Products, without changes to the version published in the January 1, 1993, issue of the Texas Register (18 TexReg 17). Acid chlorides and chloroformates are derivatives of the petroleum refining process, and are thus appropriately included with the group of other like commodities. The amendment, published pursuant to the petition of PPG Industries, Inc., will add acid chlorides and chloroformates to the list of products that are liquid derivatives of hydrocarbons and which may be transported by motor carriers authorized to transport petroleum products. Two comments regarding the proposed amendment were received. Comments in support of the proposed amendments argue that the substances proposed for addition have similar characteristics to the substances in the current list and should be transported as petroleum products. Comments in opposition of the amendment state that inclusion of "drip oil," a product already in the current list, will hinder the unregulated transportation provided by oilfield service companies. No groups or associations commented on the proposed rule. The commission disagrees with the comments regarding "drip oil." "Drip oil" is already on the list of petroleum products. The proposed amendment only changes the definition of "petroleum products, but does not affect the regulatory status of any commodity. The amendment is adopted under the Texas Motor Carrier Act, Texas Civil Statutes, Article 911b, sec.4(a)(1), which authorizes the commission to prescribe all rules and regulations necessary for the governing of public service rendered by motor carriers. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 1, 1993. TRD-9319692 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: March 23, 1993 Proposal publication date: January 1, 1993 For further information, please call: (512) 463-7096 Subchapter K. Safety Regulations 16 TAC sec.sec.5.171, 5.173 The Railroad Commission of Texas adopts amendments to sec.5.171 and sec.5.173 concerning Safety Regulations of the Department of Transportation Adopted and Driver's Daily Log, without changes to the proposed text as published in the Texas Register (17 TexReg 8373). The amendments are adopted at the request of the Department of Public Safety (DPS), in an effort to begin enforcement of the safety regulations of the United States Department of Transportation through the administrative penalty process. Through adoption of the amendments, the Department of Public Safety will bring administrative penalty complaints against motor carriers (including private carriers) at the Railroad Commission of Texas. Instead of bringing actions before a justice of the peace, DPS will seek administrative penalties to be imposed by the commission. Comments were received regarding the proposed amendments. Two commenters sought clarification of the requirement to make log entries and the duty to maintain the log entries at the place of business. Neither commenter was opposed to the adoptions. The third comment requested that the records retention requirement regarding daily logs be amended to be consistent with the federal rules. The federal rules require logs to be held for six months, while sec.5.173 requires logs to be held for 24 months. No groups or associations commented regarding the proposed amendments. The commission disagrees with the comment received. Daily logs serve not only as a safety requirement, but as an auditing record. Commission audits, which often do not occur annually, use the logs to verify the accuracy of other billing records. The amendments are adopted pursuant to the Texas Motor Bus Act, Texas Civil Statutes, Article 911a, and the Texas Motor Carrier Act, Texas Civil Statutes, Article 911b, which authorize the commission to regulate motor bus companies and motor carriers, respectively, in all matters. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 1, 1993. TRD-9319691 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: March 23, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 463-7096 Part II. Public Utility Commission of Texas Chapter 23. Substantive Rules Certification 16 TAC sec.23.33 The Public Utility Commission of Texas adopts an amendment to sec.23.33 concerning telephone solicitation, without changes to the proposed text as published in the November 20, 1992, issue of the Texas Register (17 TexReg 8129). The purpose of the amendment is to amend the annual notice that each local exchange company must provide to its customers so that it more accurately reflects the obligations of telephone solicitors. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 1446c, sec.16(a) , which provide the Public Utility Commission of Texas with the authority to make and enforce the rules reasonably required in the exercise of its powers and jurisdiction. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 26, 1993. TRD-9319657 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Effective date: March 22, 1993 Proposal publication date: November 20, 1992 For further information, please call: (512) 458-0100 TITLE 22. EXAMINING BOARDS Part XXVII. Board of Tax Professional Examiners Chapter 623. Registration and Certification 22 TAC sec.623.5 The Board of Tax Professional Examiners adopts an amendment to sec.623.5, concerning use of titles, without changes to the proposed text as published in the January 26, 1993, issue of the Texas Register (18 TexReg 458). The amendment clarifies policy on the use of titles as to when a registrant with the board may use a classification or its acronym if and when he is no longer active in that classification. The amendment will function as a complimentary or clarifying part of the general rules on the use of certification titles assigned by the board. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 8885, sec.7, which provide the Board of Tax Professional Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 26, 1993. TRD-9319647 Sam H. Smith Executive Director Board of Tax Professional Examiners Effective date: March 22, 1993 Proposal publication date: January 26, 1993 For further information, please call: (512) 329-7981 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part IX. Texas Water Commission Chapter 305. Consolidated Permits Subchapter H. Additional Conditions for Injection Well Permits 31 TAC sec.305.153 The Texas Water Commission adopts the repeal of sec.305.153, concerning financial requirements for underground injection control wells, without changes to the proposed text as published in the October 27, 1993, issue of the Texas Register (17 TexReg 7578). The TWC has adopted new Chapter 331, Subchapter I which delineates the financial responsibility requirements for owners and operators of under ground injection control wells. The newly adopted sec.sec.331.141-331.147 of Subchapter I are intended to replace sec.305.153. Subchapter I is patterned after rules promulgated by the Environmental Protection Agency pursuant to its authority under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA). The repeal of sec.305.153 and the adoption of sec.sec.331.141-331.147 will provide consistency with existing Texas Administrative Code regulations and clarification of TWC's regulatory intent. No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Water Code, sec.5.103 and sec.5.105, the Texas Solid Waste Disposal Act, sec.361.017 and sec.361.024(a), which provides the commission with the authority to carry out its powers and duties under the Texas Water Code and the Texas Solid Waste Disposal Act and other laws of the State of Texas, and to establish and approve all general policy of the commission. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 1, 1993. TRD-9319693 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: March 23, 1993 Proposal publication date: October 27, 1992 For further information, please call: (512) 463-8069 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 10. Family Self-Support Services Child Care Management Services Statewide Implementation 40 TAC sec.10.3414 The Texas Department of Human Services (DHS) adopts an amendment to sec.10. 3414, concerning exceptions to eligibility, without changes to the proposed text as published in the January 26, 1993, issue of the Texas Register (18 TexReg 466). The justification for the amendment is to clarify the situations for which a waiver would apply to allow families to receive child care services. The amendments will function by targeting families most in need and supporting the teen's effort to stay in school. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 44, which authorizes the department to administer public assistance and day care programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 3, 1993. TRD-9319766 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: April 1, 1993 Proposal publication date: January 26, 1993 For further information, please call: (512) 450-3765 Chapter 35. Pharmacy Services Subchapter B. Administration The Texas Department of Human Services (DHS) adopts the repeal of sec.sec.35.703-35.708; amendments to sec.sec.35.202, 35. 203, 35.402, 35.606, 35.701, and 35.702; and new sec. sec.35.704, 35.705, 35.707, and 35.708, concerning pharmacy services, without changes to the proposed text as published in the October 2, 1992, issue of the Texas Register (17 TexReg 6767). The justification for the repeals, amendments, and new sections is to implement the new requirements for submission of pharmacy claims through the on-line billing system. The amendments and new sections will function by providing a more efficient process for handling pharmacy claims for reimbursement. The department received one written comment during the public comment period from an individual who acknowledged the need for an on-line claims adjudication system, but offered a number of questions and suggestions concerning the rules. Comment concerning sec.35.402(b): The commenter expressed concern about a number of recordkeeping requirements. Response: No change is being made to the rule because DHS believes the rule appropriately addresses maintenance of records in an on-line system. Comment concerning sec.35.606: The commenter suggested allowing faxing of physician overrides. Response: No change was made to this rule because the actual physician signature is required by federal regulation. Comment concerning sec.35.701: The commenter expressed concern about using on- line filing as the only method of claims submission and listed a number of specific concerns for performing functions on-line. Response: DHS plans a redundant system which will be down for a specified time each night for routine maintenance. No other downtime is anticipated short of natural disaster. Pharmacy providers experiencing downtime may submit their claims when their systems are back on-line. The 90-day period for submission of adjustments begins with the date of the adjudication of the original claims as stated in sec.35.704. Comment: The commenter questioned the department's fiscal impact statement that there would be no effect on small businesses or to persons required to comply with the proposal. Response: The department determined that there would be no adverse fiscal impact because the costs have been included in the cost report. Additionally, almost all pharmacy providers are already computerized because of the requirements of other third party payors, so costs incurred for computerization cannot be attributed to the rule. The electronic processing of claims would actually be a cost savings to the provider because the expense incurred by the provider is less compared to the expense of billing from paper and magnetic tape. 40 TAC sec.35.202, sec.35.203 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 3, 1993. TRD-9319773 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: July 1, 1993 Proposal publication date: October 2, 1992 For further information, please call: (512) 450-3765 Subchapter D. Limitations 40 TAC sec.35.402 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 3, 1993. TRD-9319777 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: July 1, 1993 Proposal publication date: October 2, 1992 For further information, please call: (512) 450-3765 Subchapter F. Reimbursements 40 TAC sec.35.606 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. medical assistance funds. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 3, 1993. TRD-9319776 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: July 1, 1993 Proposal publication date: October 2, 1992 For further information, please call: (512) 450-3765 Subchapter G. Pharmacy Claims 40 TAC sec.sec.35. 701, 35.702, 35.704, 35.705, 35.707, 35.708 The amendments and new sections are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 3, 1993. TRD-9319775 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: July 1, 1993 Proposal publication date: October 2, 1992 For further information, please call: (512) 450-3765 40 TAC sec.sec.35.703-35.708 The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 3, 1993. TRD-9319774 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: July 1, 1993 Proposal publication date: October 2, 1992 For further information, please call: (512) 450-3765