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 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 5. Quarantine The Pine Shoot Beetle Quarantine 4 TAC sec.5.51 The Texas Department of Agriculture adopts new sec.5.51, with changes to the proposed text as published in the April 9, 1993, issue of the Texas Register (18 TexReg 2429). The new section is adopted to prevent the introduction of the common pine shoot beetle into the state of Texas. If permitted to enter the state, the common pine shoot beetle could become an established pest and cause serious economic injury to Texas' nursery, christmas tree, and forest industries. A change has been made to correct an error in citation. The new section adopts the current Federal Pine Shoot Beetle Quarantine in its entirety. The department, in accordance with the Texas Agriculture Code, sec.71.006, has conducted a public hearing to take public comment on the establishment of the pine shoot beetle quarantine, and in accordance with sec.71.006, program staff conducting the hearing has submitted a report establishing the need for the quarantine. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Agriculture Code, sec.71.001, which provides the Texas Department of Agriculture with the authority to establish a quarantine against out of state diseases and pests; and sec.71.007, which provides the department with the authority to adopt rules necessary for the protection of agricultural and horticultural interests, including rules that prevent the selling, moving, or transporting of any plant, plant product, or substance found to be from the quarantined area. sec.5.51. Adoption of Federal Quarantine. The Texas Department of Agriculture (the department) hereby adopts by reference the Federal Pine Shoot Beetle Quarantine as adopted by the United States Department of Agriculture, 7 Code of Federal Regulations, Part 301.50 through 301.50-10, effective November 13, 1992. 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 16, 1993. TRD-9324502 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: July 9, 1993 Proposal publication date: March 26, 1993 For further information, please call: (512) 463-7583 TITLE 16. ECONOMIC REGULATION Part VIII. Texas Racing Commission Chapter 301. Definitions 16 TAC sec.301.1 The Texas Racing Commission adopts an amendment to sec.301.1, concerning definitions, without changes to the proposed text as published in the March 30, 1993, issue of the Texas Register (18 TexReg 1987). The amendment is adopted to ensure the rules of the commission are consistent with state law and are easily understood by its licensees. The amendment adds definitions for exempt institutional investor and for pecuniary interest. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing 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 June 16, 1993. TRD-9324405 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: July 7, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 794-8461 Chapter 305. Licenses for Pari-mutuel Racing Subchapter A. General Provisions 16 TAC sec.305.5 The Texas Racing Commission adopts an amendment to sec.305.5, concerning fingerprints, without changes to the proposed text as published in the March 30, 1993, issue of the Texas Register (18 TexReg 1988). The amendment is adopted to facilitate the acquisition of ownership interests in pari-mutuel racetracks by institutional investors. The amendment establishes the fingerprinting procedure for an exempt institutional investor who acquires an interest of 5.0% or more in a pari-mutuel racetrack. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act, and sec.5.03, which authorize the commission to obtain fingerprints from license applicants. 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 16, 1993. TRD-9324404 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: July 7, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 794-8461 Subchapter C. Racetrack Licenses General Provisions 16 TAC sec.305.62 The Texas Racing Commission adopts an amendment to sec.305.62, concerning criteria and burden of proof, without changes to the proposed text as published in the March 30, 1993, issue of the Texas Register (18 TexReg 1988). The amendment is adopted to ensure the continuity of pari-mutuel racing and to facilitate the financing of pari-mutuel racetracks. The amendment establishes additional procedures for granting a racetrack license if a Class 1 racetrack has been foreclosed on. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act, and sec.6.04, which sets out the criteria for granting a racetrack license. 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 16, 1993. TRD-9324403 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: July 7, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 794-8461 Application Procedure 16 TAC sec.305.86 The Texas Racing Commission adopts an amendment to sec.305.86, concerning hearings, without changes to the proposed text as published in the March 30, 1993, issue of the Texas Register (18 TexReg 1989). The amendment is adopted to ensure that pari-mutuel racing is conducting with utmost integrity and conforms to state procedural law. The amendment clarifies the requirements for conducting hearings on racetrack license applications. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and Texas Civil Statutes, Article 6252-13a, sec.4, which require the commission to adopt rules of practice. 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 16, 1993. TRD-9324402 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: July 7, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 794-8461 Subchapter F. Other Licenses 16 TAC sec.305.301 The Texas Racing Commission adopts new sec.305.301, concerning interim license to conduct race meetings, without changes to the proposed text as published in the March 30, 1993, issue of the Texas Register (18 TexReg 1989). The new rule is adopted to ensure the continuity of pari-mutuel racing and to facilitate the financing of pari-mutuel racetracks. The new rule establishes a licensing category for interim license to conduct pari-mutuel race meetings. No comments were received regarding adoption of the new rule. The new rule is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; sec.5.01, which authorizes the commission to charge an annual fee for licenses; sec.7.02, which authorizes the commission to establish various categories of licenses; and sec.7.05, which authorizes the commission to set the amount of a license fee. 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 16, 1993. TRD-9324401 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: July 7, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 794-8461 Chapter 307. Practice and Procedure Subchapter B. Adjudicative Procedures Prehearing Procedures 16 TAC sec.307.105 The Texas Racing Commission adopts new sec.307.105, concerning notice and curative right to debt holders, without changes to the proposed text as published in the March 30, 1993, issue of the Texas Register (18 TexReg 1990). The new rule is adopted to facilitate the financing of pari-mutuel racetracks The new rule requires the commission to give notice of disciplinary action instituted against a racetrack licensee to a debt holder of the licensee that has been identified to the commission. The rule also authorizes such a debt holder to cure the violation that is the subject of the disciplinary action. No comments were received regarding adoption of the new rule. The new rule is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and Texas Civil Statutes, Article 6252-13a, sec.4, which requires the commission to adopt rules of practice. 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 16, 1993. TRD-9324400 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: July 7, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 794-8461 Chapter 309. Operation of Racetracks Subchapter A. General Provisions Operations 16 TAC sec.309.52 The Texas Racing Commission adopts an amendment to sec.309.52, concerning change of ownership, board of directors, or management committee, without changes to the proposed text as published in the March 30, 1992, issue of the Texas Register (18 TexReg 1990). The amendment is adopted to facilitate the acquisition of ownership interests in pari-mutuel racetracks by sophisticated investors. The amendment establishes the exemption for certain transfers of ownership interests from the general requirement that all transfers receive prior commission approval. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.6.06, which authorize the commission to adopt rules relating to the operation of racetracks; and sec.6.13, which requires all transfers of a pecuniary interest in a pari- mutuel racetrack to be approved by 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 June 16, 1993. TRD-9324399 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: July 7, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 794-8461 Chapter 311. Conduct and Duties of Individual Licensees Subchapter C. Alcohol and Drug Testing Drugs 16 TAC sec.311.204 The Texas Racing Commission adopts an amendment to sec.311.204, concerning taking of specimens, without changes to the proposed text as published in the March 30, 1993, issue of the Texas Register (18 TexReg 1988). The amendment is adopted to ensure that pari-mutuel racing is conducted with utmost integrity and that individual licensees will be afforded the opportunity for split specimen testing. The amendment requires the executive secretary of the commission to establish a procedure for obtaining and testing split specimen for individual licensees who are required to provide a specimen for drug testing. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.14.03, which authorize the commission to adopt rules to prohibit the illegal influencing of the outcome of a race, including the consenting to drug testing by individual licensees. 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 16, 1993. TRD-9324406 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: July 7, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 794-8461 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part I. General Land Office Chapter 25. Beach Cleaning and Maintenance Assistance Program 31 TAC sec.sec.25.4, 25.12, 25.19 The General Land Office adopts amendments to sec.sec.25.4, 25.12, and 25.19, concerning state funding assistance to local governments for the maintenance and cleaning of public beaches. Section 25.12 is adopted with changes to the proposed text as published in the April 30, 1993, issue of the Texas Register (18 TexReg 2845). Section 25.4 and sec.25.19 are adopted without changes and will not be republished. Section 25.12 is adopted with a technical change to clarify that the 10% limit on reimbursement of administrative costs relates to the reimbursement received by a participant and not the amount for which the participant applies. In response to recommendations from participating communities, the General Land Office is changing the allocation formula for the state reimbursement grant program for Gulf beach maintenance. The intent of the rules change is to provide a basic level of state assistance for beach maintenance throughout the coast while simultaneously supporting the larger range of maintenance services which are provided by some local communities. There were no comments received regarding adoption of the amendments. The amendments are adopted under the Natural Resources Code, sec.61.061, which provides the General Land Office with the authority to allocate responsibility for cleaning the beaches of Texas and to preserve and protect local initiative in the maintenance and administration of beaches. sec.25.12. Eligible Costs. (a) To be eligible for state reimbursement: (1) all costs incurred must be as a result of beach cleaning and maintenance activities only on public beaches as defined in sec.25. 1 of this title (relating to Definitions); (2) all costs must be documented as required by sec.25.19 of this title (relating to Maintenance of Records); and (3) cities and counties must have approved applications in force. (b) A participant is not eligible to receive state funds for administrative costs in excess of 10% of the total amount of reimbursement received from the state by the participant. (c) State laws and policies prohibit the state from participating in the purchase of equipment not assigned to a state agency. The agency will recognize as eligible for costs only equipment rental during the period of an approved project and only when such equipment is actually used for beach cleaning activities. Rental rates may be based on actual rental costs or the participant's approved rental rates for the equipment if it is owned by the applicant. Necessary expendable items such as trash receptacles are eligible costs, but the agency reserves the right to determine which items are expendable in nature. (d) Costs incurred within the fiscal year the application is approved but prior to the date the application is approved will be eligible for reimbursement if documented in the same manner as reimbursement costs incurred after an application is approved. 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 18, 1993. TRD-9324471 Garry Mauro Commissioner General Land Office Effective date: July 9, 1993 Proposal publication date: April 30, 1993 For further information, please call: (512) 463-5007 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 15. Medicaid Eligibility Subchapter B. Medicare and Third-Party Resources 40 TAC sec.15.201 The Texas Department of Human Services (DHS) adopts an amendment to sec.15.201 without changes to the proposed text as published in the May 14, 1993, issue of the Texas Register (18 TexReg 3092). The justification for the amendment is to clarify that the department's method of purchase of Medicare Part A premiums for Qualified Medicare Beneficiary (QMB) clients through third-party enrollment is irrelevant to eligibility rules. The amendment will function by deleting obsolete language. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provide the department with the authority to administer public and medical assistance programs, and under Texas Civil Statutes, Article 4413 (502), sec.16, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds. 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 June 17, 1993. TRD-9324421 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Proposed date of adoption: August 1, 1993 For further information, please call: (512) 450-3765 Part IX. Texas Department on Aging Chapter 255. State Delivery Systems Designation of Planning and Service Areas. 40 TAC sec.255.12 Texas Department on Aging adopts an amendment to sec.255.12, concerning State procedures to establish due process in the designation of planning and service areas without changes to the proposed text as published in the April 9, 1993, issue of the Texas Register (18 TexReg 2394). changes are justified in that they incorporate into the Texas Administrative Code a revision to the Older Americans Act of 1965, as amended by sec.305(b)(C)(i)-(iv) of the 1992 amendments, which require the Texas Department on Aging to establish due process procedures if the State agency initiates an action to revoke designation, designate additional planning and service areas (PSAs), divide the State into different planning and service areas, or other actions affecting boundaries of PSAs. rule will function to provide complete instructions on the process which will be used to assure effective and efficient administration of programs authorized by the Older Americans Act. Comments were received from the Texas Association of Regional Councils (TARC) suggesting changes in the wording of the rule to include "PSA shall be coterminous with, a combination of, or a subdivision of a state planning region as delineated by the governor and the Local Government Code, Chapter 391, and other wording changes." The TARC stated that they believed the revision of this rule was not a neutral due-process change. The TARC indicated that they believed public hearings should be conducted in each of the affected planning and service areas. The Texas Department on Aging previously withdrew and re-proposed the rule to incorporate many of the TARC's suggestions relating to content and wording of the proposed rule. The Department believes that the rule is a neutral due- process change and was necessary to conform to a new requirement in the Older Americans Act. In subsection (d)(3), procedures for conducting a public hearing are detailed. In subsection (e), actions are specified for parties to appeal, should they be adversely affected by a due-process proceeding. new section is adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operations of 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 June 17, 1993. TRD-9324422 Mary Sapp Executive Director Texas Department on Aging Effective date: July 8, 1993 Proposal publication date: April 9, 1993 For further information, please call: (512) 444-2727