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 7. BANKING AND SECURITIES Part II. Banking Department of Texas Chapter 25. Prepaid Funeral Contracts 7 TAC sec.25.18 The Banking Department of Texas adopts new sec.25.18, concerning prepaid funeral services and merchandise, with changes to the proposed text as published in the January 1, 1993, issue of the Texas Register (18 TexReg 15). The new rule is needed to provide definitions for new sec.25.19 and new sec.25.20. The new rule defines terms used in rules governing notification of the public and selection of successors to assume the rights and obligations of cancelled prepaid funeral services and merchandise sellers permits, and the making and processing of claims against the Prepaid Funeral Guaranty Fund. No comments were received during the statutory 30-day comment period. The new rule is adopted under Texas Civil Statutes, Article 548b, sec.2, which provide that the laws governing sale of prepaid funeral services or funeral merchandise shall be administered by the State Banking Department and that the Department is authorized to prescribe reasonable rules and regulations concerning all other matters incidental to the enforcement and orderly administration of these laws. sec.25.18. Definitions Applicable to sec.25.19 and sec.25.20. The following terms, when used in sec.25.19 and sec.25.20, shall have the following meanings, unless the context clearly indicates otherwise. Commissioner-The Commissioner of the Banking Department of Texas or the Commissioner's designee. Council or Guaranty Fund Advisory Council-The Prepaid Funeral Contract Guaranty Fund Advisory Council created by the Texas Banking Code, Article 548b, sec.8A(c), to supervise operation and maintenance of the Prepaid Funeral Contract Guaranty Fund. Department-The Banking Department of Texas. Guaranty Fund-The Prepaid Funeral Contract Guaranty Fund created, operated, and maintained pursuant to the Texas Banking Code, Article 548b, sec.8A, to guarantee performance of prepaid funeral contracts. The Guaranty Fund arises from assessments on sellers of prepaid funeral contracts pursuant to the Texas Banking Code, Article 548b, sec.8A(a) (Cf., definition of "seized funds" below.). Funeral provider -An individual, firm, partnership, corporation, or association licensed by the Texas Funeral Service Commission to provide funeral services and merchandise in the State of Texas. Maturity-The date of death of the purchaser or other person designated in the prepaid funeral contract for whom the funeral services and merchandise described in the prepaid contract are to be provided. Non-permit holder -An individual, firm, partnership, corporation, or association which is licensed by the Texas Funeral Service Commission to provide funeral services and merchandise in the State of Texas but which does not hold a permit to sell prepaid funeral services and merchandise in the State of Texas. Permit-A permit issued by the Commissioner pursuant to the Texas Banking Code, Article 548b, sec.3, to an individual, firm, partnership, corporation, or association desiring to sell prearranged or prepaid funeral services and merchandise in the State of Texas. Permit holder-An individual, firm, partnership, corporation or association that holds a permit to sell prearranged or prepaid funeral services and merchandise in the State of Texas. Prepaid funeral contract-A written contract and written amendments thereto, sold by a permit holder to provide prepaid funeral services and merchandise in the State of Texas. Prepaid funeral funds-Those funds paid or collected on prepaid funeral contracts, including earnings, and deposited as provided for in the Texas Banking Code, Article 548b, sec.5(2). Purchaser-An individual who has purchased prepaid funeral services or merchandise in the State of Texas from a permit holder on a written contract. Seized funds-Funds arising from seizures of prepaid funeral contract funds under the Texas Banking Code, Article 548b, sec.8 (CF., definition of "Guaranty Fund" above.). 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 June 2, 1993. TRD-9323820 Catherine A. Ghiglieri Commissioner Banking Department of Texas Effective date: June 25, 1993 Proposal publication date: January 1, 1993 For further information, please call: (512) 475-1300 7 TAC sec.25.19 The Banking Department of Texas adopts new sec.25.19, concerning prepaid funeral services and merchandise, without changes to the proposed text as published in the January 1, 1993, issue of the Texas Register (18 TexReg 15). The new rule is needed to provide for continued delivery of prepaid funeral services and merchandise under provisions of Vernon's Texas Civil Statutes, Article 548b (Article 548b, the Texas Banking Code) in the event that the permit of the seller from which prepaid funeral services and merchandise were originally purchased is cancelled. The new rule provides detailed procedures for notification of the public of the cancellation and for the selection through a competitive bid process of successors to assume rights and obligations of cancelled permit holders. No comments were received during the statutory 30-day comment period. The new rule is adopted under Texas Civil Statutes, Article 548b, sec.2, which provide that the laws governing sale of prepaid funeral services or funeral merchandise shall be administered by the State Banking Department and that the Department is authorized to prescribe reasonable rules and regulations concerning all other matters incidental to the enforcement and orderly administration of these laws. 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 June 2, 1993. TRD-9323821 Catherine A. Ghiglieri Commissioner Banking Department of Texas Effective date: June 25, 1993 Proposal publication date: January 1, 1993 For further information, please call: (512) 475-1300 7 TAC sec.25.20 The Banking Department of Texas adopts new sec.25.20, concerning claims against the Prepaid Funeral Guaranty Fund, with changes to the proposed text as published in the January 19, 1993, issue of the Texas Register (18 TexReg 351). The new rule is needed to provide for claims against the Prepaid Funeral Guaranty Fund. The new rule provides that claims against the Prepaid Funeral Contract Fund may be made to the Commissioner of Banking and that the Commissioner may process and settle such claims within the limit of authority delegated by the Prepaid Funeral Guaranty Fund Advisory Council and above that limit will take the claims to the Council for approval. Hearings are provided for in the event that claimants are dissatisfied. No comments were received during the 30-day comment period. The new rule is adopted under Texas Civil Statutes, Article 548b, sec.2, which provide that the laws governing sale of prepaid funeral services or funeral merchandise shall be administered by the State Banking Department and that the Department is authorized to prescribe reasonable rules and regulations concerning all other matters incidental to the enforcement and orderly administration of these laws. sec.25.20. Guaranty Fund Claims Filing Procedures and Eligibility for Payment Standards. (a) Who may make a claim. Unless expressly precluded from making a claim against the Guaranty Fund in subsection (b) of this section, the following parties and their heirs, successors, and assignees may make a claim against the Guaranty Fund. (1) purchasers of prepaid funeral service and merchandise contracts from licensed permit holders; (2) those selected to assume obligations and liabilities of a cancelled permit holder in the event they assumed those obligations and liabilities under a contract that expressly authorizes them to make a claim against the Guaranty Fund. (b) Who cannot make a claim. All other claims, including claims submitted by the following parties and their heirs, successors, and assignees, will be denied. (1) those who hold a contract that matured prior to the date of origin of the Guaranty Fund; (2) those who purchased prepaid funeral goods and services from a vendor that did not obtain a prepaid funeral contract permit issued by the Department of Banking; and (3) those who purchased prepaid funeral goods and services under a plan such as the one litigated in the case of Sexton v. Mount Olivet Cemetery Association, 720 S.W. 2d 129 (Tex. App.-Austin 1986) (specifically including, but not limited to, any prepaid funeral goods and services purchased from Mount Olivet Cemetery Association). (c) Any claim submitted against either the Guaranty Fund or against any seized prepaid funeral contract funds by current or former prepaid funeral contract permit holders or their successors shall not be honored until any money that they or their predecessors owe to the Guaranty Fund or to any prepaid funeral contract funds has been offset against the claim. This provision shall not apply to a successor permit holder that purchased contracts of a cancelled permit holder from the Commissioner. Claims by such a successor permit holder shall be governed by the contract under which assets and liabilities of the cancelled permit holder were assumed. (d) Claims by individual purchasers will be handled on a case-by-case basis. (e) Claims approval process and right to reconsideration. (1) Delegation of authority to commissioner. The Guaranty Fund Advisory Council may delegate to the Commissioner the authority to settle and determine all claims against the Guaranty Fund up to such amount and with such restrictions as the Council may from time to time determine. These limits and restrictions shall be reflected in the minutes of the meetings of the Council. (2) Appeals to the guaranty fund advisory council. Unless an appeal is expressly waived in a settlement agreement, any action by the Commissioner approving, modifying, or denying claims against the Guaranty Fund may be appealed to the Guaranty Fund Advisory Council by submitting a request for review to the Guaranty Fund Advisory Council within 30 days of receipt of notice of the Commissioner's action; otherwise the action of the Commissioner shall be final and not subject to review. Such request shall be addressed to the Guaranty Fund Advisory Council in care of the Commissioner and filed with the Commissioner on or before the close of business on the last day of the 30-day period. (3) Hearings on claims. Either the Commissioner or the Guaranty Fund Advisory Council may direct that an administrative hearing be held on any claim in order to clarify the facts or law pertinent to its disposition. No claim shall be reduced or denied without affording the claimant an opportunity for a hearing; provided, however, that if a hearing has been held, or offered by the Commissioner and waived by the claimant, the Guaranty Fund Advisory Council need not offer another opportunity for a hearing. All hearings shall be conducted in compliance with the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a. (f) Information required to be supplied by a claimant. A claimant shall provide the following information. (1) a copy of the prepaid funeral contract and any amendments thereto; (2) evidence of the status of the account, including whether the account is paid in full, the amount owed thereon and whether payments are current or delinquent; (3) name of the seller; (4) date of purchase; (5) a certified copy of the death certificate of the purchaser or assignee, if applicable; (6) a notarized statement setting forth any special circumstances that may bear on the claim; and (7) any other information requested by the Department. (g) Information to be supplied by the Department in connection with a claim submitted by a permit holder or its legal representative. (1) The Department shall supply the Guaranty Fund Advisory Council with all requested information pertinent to the claim. (2) The Department shall provide the Guaranty Fund Advisory Council with its recommendations and analysis of the claim. 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 June 2, 1993. TRD-9323822 Catherine A. Ghiglieri Commissioner Banking Department of Texas Effective date: June 25, 1993 Proposal publication date: January 19, 1993 For further information, please call: (512) 475-1300 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 2. Medically Needy Program Program Requirements 40 TAC sec.2.1006 The Texas Department of Human Services (DHS) adopts an amendment to sec.2. 1006, concerning requirements for application, in its Medically Needy Program (MNP) chapter. The justification for the amendment is to comply with a policy clarification from the Health Care Financing Administration (HCFA). The policy clarification mandates that MNP clients be exempted from the Aid to Families with Dependent Children (AFDC) program transfer-of-resources eligibility requirement. The amendment will function by enabling more needy children to qualify for Medicaid benefits. 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. The amendment is adopted to be effective July 1, 1993, to comply with federal requirements. sec.2.1006. Requirements for Application. (a) Citizenship. Citizenship requirements for Medically Needy Program (MNP) applicants are the same as requirements for Aid to Families with Dependent Children (AFDC) applicants outlined in the AFDC rules. (b) Resources. Resource limits and types of countable and exempt resources for MNP are the same as those outlined in the Texas Department of Human Services' AFDC rules in Chapter 3 of this title (relating to Income Assistance Services) with the following exceptions: (1) the policy of receiving benefits up to six months pending a good faith effort to sell real property does not apply to the MNP; and (2) the policy for transferring resources to qualify for assistance does not apply to the MNP. (c)-(f) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 7, 1993. TRD-9323896 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: July 1, 1993 For further information, please call: (512) 450-3765 Chapter 3. Income Assistance Services Subchapter MM. Aid to Families with Dependent Children-Unemployed Parent Program 40 TAC sec.3.3906 The Texas Department of Human Services (DHS) adopts an amendment to sec.3. 3906, concerning Aid to Families with Dependent Children (AFDC)-Unemployed Parent Medicaid Assistance Only (MAO), in its Income Assistance Services chapter. The justification for the amendment is to comply with a policy clarifi- cation from the Health Care Financing Administration (HCFA). The policy clarification mandates that AFDC-UP MAO clients be exempted from the AFDC program transfer-of- resources eligibility requirement. The amendment will function by enabling more needy children to qualify for Medicaid benefits. 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. The amendment is adopted to be effective July 1, 1993, to comply with federal requirements. sec.3.3906. Aid to Families with Dependent Children -Unemployed Parent (AFDC- UP) Medicaid Assistance Only (MAO). (a) (No change.) (b) Eligibility. Clients must meet all AFDC-UP eligibility requirements while receiving AFDC-UP MAO, except the policy for transferring resources to qualify for assistance does not apply. Clients who have been receiving AFDC-UP MAO and who then become ineligible are not eligible for Type Program (TP) 07 or TP 37 Medicaid. (c) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 7, 1993. TRD-9323895 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: July 1, 1993 For further information, please call: (512) 450-3765 Chapter 4. Medicaid Programs-Children and Pregnant Women Eligibility Requirements 40 TAC sec.4.1006 The Texas Department of Human Services (DHS) adopts an amendment to sec.4. 1006, concerning requirements for application, in its Medicaid Programs-Children and Pregnant Women (CPW) chapter. The justification for the amendment is to comply with a policy clarification from the Health Care Financing Administration (HCFA). The policy clarification mandates that CPW clients be exempted from the AFDC program transfer-of- resources eligibility requirement. The amendment will function by enabling more needy children to qualify for Medicaid benefits. 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. The amendment is adopted to be effective July 1, 1993, to comply with federal requirements. sec.4.1006. Requirements for Application. To be eligible for the Medicaid Programs for Children and Pregnant Women (CPW) Program, clients must meet the following requirements. (1) Citizenship. Citizenship requirements for CPW applicants are the same as requirements for Aid to Families with Dependent Children (AFDC) applicants outlined in DHS's AFDC rules in Chapter 3 of this title (relating to Income Assistance Services). (2) Resources. Resource limits and types of countable and exempt resources for CPW are the same as those outlined in DHS's AFDC rules, with the following exceptions. (A)-(D) (No change.) (E) The AFDC and Food Stamp policy for transferring resources to qualify for assistance does not apply to the CPW program. (3)-(9) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 7, 1993. TRD-9323894 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: July 1, 1993 For further information, please call: (512) 450-3765 Chapter 48. Community Care for Aged and Disabled The Texas Department of Human Services (DHS) adopts amendments to sec.sec.48.2201, 48.2403, 48.2406, and 48.2501 and adopts new sec.sec.48.2216, 48. 2217, and 48.2416, without changes to the proposed text as published in the April 2, 1993, issue of the Texas Register (18 Tex Reg 2188). The justification of the amendments and new sections will be expanded eligibility for waiver services. The amendments to sec.sec.48.2201(a)(4) and (5), 48.2406(a)(5) and (6), and 48.2501(a)(7) will function by allowing certain foster care children and AFDC clients to become eligible for Home and Community-Based Services (HCS), Home and Community-Based Services-OBRA (HCS-O), and Medically Dependent Children Waiver Program (MDCP) waiver services. The new sec.sec.48.2216, 48.2217, and 48.2416 and the amendment to sec.48. 2406(a)(3) will function by adding the method of calculation of client copayment and spousal impoverishment provisions for the HCS and HCS-O Programs. The amendment to sec.48.2201(a)(6) will function by allowing an individual who is financially eligible for Medicaid if residing in a Medicaid-certified institution to qualify for HCS waiver services. The amendment to sec.48.2403 will function by deleting the requirement that an applicant must be directly discharged from a nursing facility in order to receive Home and Community-Based Services-OBRA. The amendment to sec.48.2501(a)(2) will function by raising the age limit for the Medically Dependent Children Waiver Program so clients under the age of 21 will be eligible for waiver services. The department received comments from the Visiting Nurse Association and an individual. The Visiting Nurse Association stated that these rules are in the best interests of the clients. The individual expressed concerns that some clients may have to make copayments. The Health Care Financing Administration requires the state to use the copayment requirements whenever spousal impoverishment provisions are used in financial eligibility determination. Under this rule, no waiver client will have to make copayments. Home and Community-Based Services 40 TAC sec.sec.48.2201, 48.2216, 48.2217 The amendment and new sections are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department 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 June 7, 1993. TRD-9323893 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: July 1, 1993 Proposal publication date: April 2, 1993 For further information, please call: (512) 450-3765 1915(c) Medicaid Home and Community-Based Waiver Services for Persons with Mental Retardation and/or Related Conditions Requiring Alternatives to Nursing Facility Placement 40 TAC sec.sec.48. 2403, 48.2406, 48.2416 The amendments and new section are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department 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 June 7, 1993. TRD-9323892 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: July 1, 1993 Proposal publication date: April 2, 1993 For further information, please call: (512) 450-3765 Waiver Program for Medically Dependent Children 40 TAC sec.48.2501 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department 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 June 7, 1993. TRD-9323891 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: July 1, 1993 Proposal publication date: April 2, 1993 For further information, please call: (512) 450-3765 TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 1. Administration Conditional Grant Program 43 TAC sec.1.403 The Texas Department of Transportation adopts an amendment to sec.1.403, without changes to the proposed text as published in the April 13, 1993, issue of the Texas Register (18 TexReg 2470). Senate Bill 352, 72nd Legislature, Regular Session, 1991, required the department to establish and administer a conditional grant program to provide financial assistance to minority students who exhibited in the student's secondary school performance an aptitude for engineering, who intend to become civil engineers, and who will work for the department for two years following graduation. Section 1.403 provides that for a student to continue to be eligible to receive conditional grant funds, he or she must maintain an overall grade point average of 2.50 and receive credit for not fewer than 12 hours each semester toward the student's degree program. The amendment adds another provision to subsection (b) by providing that if, during not more than one semester, a student fails to meet the grade point or credit hour requirements of the section, he or she will continue to maintain eligibility on condition that the student must receive credit for not fewer than 12 hours each semester and attain a semester grade point average of 2.5 during all semesters thereafter until the student graduates. On April 25, 1993, the department held a public hearing in accordance with Texas Civil Statutes, Article 6252-13a, sec.5, to receive comments, views, and/or testimony concerning the proposed amendment. While no comments were received at the hearing the department did receive one comment regarding the proposed amendment to sec.1.403 concerning continued Eligibility in the Conditional Grant Program. The following comments/questions were of a general nature to the program and not specific to the amendment: what did Senate Bill 352 tell the department to do about minorities; what constitutes a minority; and why does the program single out certain classes of people over others? The department's response follows. Senate Bill 352, 72nd Legislature, 1991, required the department to make conditional grants to eligible minority students who intend to become civil engineers and who will work for the department for two years after graduation. The definition of a minority student as codified in 43 TAC sec.1.402 is as follows: Minority student -A person who has racial or ethnic identification with one of the following groups. (1) Black-All persons having origins in any of the black racial groups of Africa (not of Hispanic origin). (2) Hispanic-All persons of Mexican, Puerto Rican, Cuban, Central or South American, or Spanish culture or origin, regardless of race. (3) Asian or Pacific Islander-All persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Islands, and Samoa. (4) American Indian/Alaskan Native-All persons having origins in any of the original peoples of North American, and who maintain cultural identification through tribal affiliation or community recognition. The definition of minority is consistent with the definitions found in: Texas Civil Statutes, Article 6669a, relating to department hiring of minorities; Title 23, Code of Federal Regulations, Section 230.305, relating to state highway agency equal employment opportunity programs; and the department's Human Resources Manual. Historically, minorities were not employed in the civil engineering professions and few minorities studied or graduated with civil engineering degrees. The Conditional Grant Program will help to remedy historical underrepresentation of minorities in civil engineering professions and increase the number and percentage of minorities who will work in the department's workforce. The amendment is adopted under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to promulgate rules for the conduct of the work of the Texas Department of Transportation, and Chapter 56, Subchapter H of the Education Code, which requires the department to adopt rules implementing a conditional grant program. 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 June 1, 1993. TRD-9323690 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Effective date: June 23, 1993 Proposal publication date: April 13, 1993 For further information, please call: (512) 463-8630 Conditional Grant Program 43 TAC sec.1.409 The Texas Department of Transportation adopts the repeal of sec.1.409, without changes to the proposed text as published in the February 9, 1993, issue of the Texas Register (18 TexReg 833). The Education Code, Chapter 56, Subchapter H, requires the department to establish and administer a conditional grant program to provide financial assistance to minority students who exhibited in the student's secondary school performance an aptitude for engineering and who intend to become civil engineers and work for the department for two years following graduation. Repeal of this section is necessary because of the contemporaneous final adoption of new sec.1.409, which incorporates the provisions of the repealed section as rewritten and expanded to further clarify the scholarship repayment schedule for a student who is declared in default. No comments were received on the proposed repeal. The repeal is adopted under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to promulgate rules for the conduct of the work of the Texas Department of Transportation, and Chapter 56, Subchapter H of the Education Code which requires the department to adopt rules implementing a conditional grant program. 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 June 1, 1993. TRD-9323691 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Effective date: June 23, 1993 Proposal publication date: February 9, 1993 For further information, please call: (512) 463-8630 The Texas Department of Transportation adopts new sec.1.409, without changes to the proposed text as published in the February 9, 1993, issue of the Texas Register (18 TexReg 833). The Education Code, Chapter 56, Subchapter H, requires the department to establish and administer a conditional grant program to provide financial assistance to minority students who exhibited in the student's secondary school performance an aptitude for engineering and who intend to become civil engineers and work for the department for two years following graduation. Section 1.409 establishes a new plan for repayment of the scholarship by a student who is declared in default by providing for a schedule of 120 monthly installment payments, a six-month grace period, and a temporary reduction or deferral of payments and/or extension of the payment period in the case of catastrophic illness or family emergency. The new section replaces existing sec.1.409, which is simultaneously being repealed. No comments were received on the proposed new section. The new section is adopted under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to promulgate rules for the conduct of the work of the Texas Department of Transportation, the Education Code, Chapter 56, and Subchapter H, which requires the department to adopt rules implementing a conditional grant program. 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 June 1, 1993. TRD-9323692 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Effective date: June 23, 1993 Proposal publication date: February 9, 1993 For further information, please call: (512) 463-8630 Chapter 25. Division of Maintenance and Operations Oversize and/or Overweight Permits 43 TAC sec.25.62 The Texas Department of Transportation adopts an amendment to sec.25.62, without changes to the proposed text as published in the April 6, 1993, issue of the Texas Register (18 TexReg 2293). The Texas Department of Transportation by Minute Order Number 100714, dated March 25, 1992, acknowledged advice from the Texas Department of Commerce, the Chairman of the Railroad Commission of Texas, the Office of the Governor, and other officials that the economic health and welfare of Texas at the time required the consideration of certain economic factors when issuing oversize permits, and therefore amended sec.25.62 to allow the issuance of an oversize permit when the transport of more than one commodity in a single load creates or makes greater an illegal dimension of length, width, or height. That amendment will expire on June 1, 1993. The commission has now determined that conditions underlying the amendment continue to exist and are likely to continue for an indefinite future period, thereby requiring the continued effectiveness of the rule at least through December 31, 1994. The amendment delays the expiration date of subsection (f)(1)(B)(vii) from June 1, 1993, to December 31, 1994, sec.25.62 prescribes the procedure for securing a permit pursuant to Texas Civil Statutes, Article 6701a, to operate overweight or oversize vehicles on the state highway system. Statutory limits on the width, length, height, and weight of such vehicles are established in Texas Civil Statutes, Article 6701d-11. Texas Civil Statutes, Article 6701a authorizes the department to issue special permits when those statutory limits are exceeded, but only on condition that the commodities to be transported cannot be reasonably dismantled and that the department determines that operation will be without material damage to the highway. The statue contains other provisions for permit application, fees, form, content, special conditions, and penalties. On April 19, 1993, the department held a public hearing in accordance with Texas Civil Statutes, Article 6252-13a, sec.5, to receive comments, views, and/or testimony concerning the proposed amendment. A representative of Gifford- Hill-American, Inc., commented in favor of the rule. The commenter favors the adoption of the amendment that extends the rule's expiration date to at least December 31, 1994, which is the expected completion date for the Ivie Water Transmission Line for which GHA has been obtaining oversize permits for transporting multiple commodity loads. The Ivie Water Transmission Line will serve seven major cities in West Texas. The commenter stated that as a result of the enactment of the original rule in June 1992, his company has added a total of 104 new jobs to the Texas economy. The rule was promulgated as an exception to standard permit procedures in order to respond to special needs and conditions of the state's economic recovery and development. If it appears that those needs and conditions will continue beyond the expiration date of December 31, 1994, the department will give due consideration to appropriate extensions on or before that time. No comments were received against the amendment. The amendment is adopted under Texas Civil Statutes, Article 6666 and 6701a, which provide the Texas Transportation Commission with the authority to promulgate rules and regulations for the conduct of the work of the Texas Department of Transportation, and specifically to issue permits for the movement of oversize and/or overweight loads over the state highway system. 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 June 4, 1993. TRD-9323834 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Effective date: June 25, 1993 Proposal publication date: April 26, 1993 For further information, please call: (512) 463-8630