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 IV. Texas Department of Licensing and Regulation Chapter 67. Auctioneers 16 TAC sec.sec.67.10, 67.21, 67.22 The Texas Department of Licensing and Regulation adopts amendments to sec.sec.67.10, 67.21, and 67.22 concerning the licensing of auctioneers. Section 67.22 is adopted with changes to the proposed text as published in the April 6, 1993, issue of the Texas Register (18 TexReg 2282). Section 67.10 and sec.67.21 are adopted without changes and will not be republished. Section 67. 22 establishes a cut-off date for receipt of an exam application and a time limit on eligibility for a license after passing an exam. Section 67.10 and sec.67.21 clarify the tasks an associate auctioneer must perform under supervision of a licensed auctioneer to qualify for an auctioneer license without examination. The sections are adopted to clearly define tasks required of associate auctioneers, to improve processing of auctioneer license applications, and limit eligibility after passing the exam to the time between legislative sessions. One comment was received regarding sec.67.22(a) which said that a 52 day cut- off before exams was too long. The agency agrees with the comment and the cut-off before exams has been changed to 30 days. The amendments are adopted under Texas Civil Statutes, Article 8700, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules to assure compliance with the Act. sec.67.22. License Requirements -Examinations. (a) Applications for examinations must be complete and must be postmarked at least 30 days before the scheduled examination. (b) An applicant who wishes to reschedule his examination for a later date must notify the department in writing, postmarked no later than five working days before the exam date. Two free reschedules are allowed. (c) An applicant who does not take an examination for which he was scheduled, and does not notify the department that he will not take the exam, must pay another exam fee. (d) An applicant who passes an examination may be licensed up to two years from the date on the grade notice sent by the department. 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 May 7, 1993. TRD-9322831 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: June 1, 1993 Proposal publication date: April 6, 1993 For further information, please call: (512) 463-3127 TITLE 22. EXAMINING BOARDS Part IX. Texas State Board of Medical Examiners Chapter 175. Schedule of Fees and Penalties 22 TAC sec.175.1 The Texas State Board of Medical Examiners adopts an amendment to sec.175. 1 concerning fees, without changes to the proposed text as published in the April 2, 1993, issue of the Texas Register (18 TexReg 2183). The amendment will allow the agency to collect fees to offset the costs involved in processing the permits. The amendment will function by allowing the agency to collect a fee of $10/month for a Visiting Professor Permit; and $92/annum for the Teaching Fellow Permit. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations, and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 7, 1993. TRD-9322770 Homer R. Goehrs, M.D. Executive Director Texas State Board of Medical Examiners Effective date: May 31, 1993 Proposal publication date: April 2, 1993 For further information, please call: (512) 834-4502 Chapter 187. Procedure Subchapter B. Prehearing 22 TAC sec.187.24 The Texas State Board of Medical Examiners adopts an amendment to sec.187. 24 concerning informal disposition, without changes to the proposed text as published in the April 2, 1993, issue of the Texas Register (18 TexReg 2183). The amendment as adopted will clarify the informal settlement conference process and promote the expeditious resolution of complaints. The amendment will function by promoting the expeditious resolution of complaints through negotiation of Agreed Board Orders without conducting an informal settlement conference. The Orders are, of course, subject to Board approval. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations, and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 7, 1993. TRD-9322769 Homer R. Goehrs, M.D. Executive Director Texas State Board of Medical Examiners Effective date: May 31, 1993 Proposal publication date: April 2, 1993 For further information, please call: (512) 834-4502 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 12. Special Nutrition Programs Summer Food Service Program 40 TAC sec.12.116 The Texas Department of Human Services (DHS) adopts an the amendment to sec.12.116, concerning advanced payments, without changes to the proposed text as published in the April 9, 1993, issue of the Texas Register (18 TexReg 2394). The amendment is justified to allow DHS to increase advance payments to eligible sponsors. The amendment will function by allowing sponsors serving a large number of sites to manage their programs more effectively and serve additional children. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 11, 1993. TRD-9322788 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: June 1, 1993 Proposal publication date: April 9, 1993 For further information, please call: (512) 450-3765 Chapter 47. Primary Home Care General Provisions and Services 40 TAC sec.47.1903 The Texas Department of Human Services (DHS) adopts amendments to sec.47. 1903 and sec.47.4901 concerning general provisions and services, without changes to the proposed text as published in the March 5, 1993, issue of the Texas Register (18 TexReg 1400). The justification for the amendments is to correct the hotline telephone number for reporting abuse and neglect and to delete obsolete references in the requirements for special attendants. The amendment will function by providing public access to correct information. No comments were received regarding adoption of the amendments. 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 May 11, 1993. TRD-9322789 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: June 1, 1993 Proposal publication date: March 5, 1993 For further information, please call: (512) 450-3765 Provider Contracts 40 TAC sec.47.4901 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 May 11, 1993. TRD-9322790 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: June 1, 1993 Proposal publication date: April 9, 1993 For further information, please call: (512) 450-3765 6