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 II. Animal Health Commission Chapter 35. Brucellosis Subchapter A. Eradication of Brucellosis in Cattle 4 TAC sec.35.3 The Texas Animal Health Commission adopts an amendment to sec.35.3, without changes to the proposed text as published in the April 30, 1993, issue of the Texas Register (18 TexReg 2841). The amendment is necessary to provide for herd owners to recertify their cattle herds in a timely fashion to assure that the herds are free of disease and to allow continued non-restricted movement of their cattle. A herd owner's brucellosis herd certification will be suspended if the recertification test is not conducted within 60 days before the anniversary date for testing the herd; however, the herd status may be reinstated if a herd test is conducted within 60 days after the anniversary date. No comment were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Chapters 161 and 163, which provide the Commission with authority to adopt rules and sets forth the duties of this Commission to control disease. 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-9324632 Terry Beals, DVM Executive Director Animal Health Commission Effective date: July 15, 1993 Proposal publication date: April 30, 1993 For further information, please call: (512) 479-6697 4 TAC sec.35.4 The Texas Animal Health Commission adopt an amendment to sec.35.4, without changes to the proposed text as published in the April 30, 1993, issue of the Texas Register (18 TexReg 2842). The amendment is necessary to allow non-vaccinated female cattle to enter Texas and be vaccinated on arrival at a premise in Texas. The amendment will allow non-vaccinated female cattle between 4 and 12 months of age which are entering Texas from other states to have the option of being vaccinated on arrival at a premise in Texas provided the animals are vaccinated at no expense to the state and the vaccination is done within 14 days after the cattle arrive at their Texas destination. No comment were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Chapters 161 and 163, which provide the Commission with authority to adopt rules and sets forth the duties of this Commission to control disease. 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-9324633 Terry Beals, DVM Executive Director Animal Health Commission Effective date: July 15, 1993 Proposal publication date: April 30, 1993 For further information, please call: (512) 479-6697 Chapter 39. Scabies 4 TAC sec.sec.39.1, 39.2, 39.3, 39.4 The Texas Animal Health Commission adopts the repeal of sec.sec.39.1-39.4, without changes to the proposed text as published in the April 30, 1993, issue of the Texas Register (18 TexReg 2844). The repealed rules will be replaced by new sec.sec.39.1-39.10, which will provide a more comprehensive procedure for dealing with psoroptic and sarcoptic scabies and chorioptic mange in infested livestock. No comments were received regarding adoption of the repeal. The repeals are adopted under Texas Civil Statutes, Chapter 161, which provide the Commission with authority to adopt rules and sets forth the duties of this Commission to control disease. 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-9324635 Terry Beals, DVM Executive Director Animal Health Commission Effective date: July 15, 1993 Proposal publication date: April 30, 1993 For further information, please call: (512) 479-6697 4 TAC sec.sec.39.1-39.10 The Texas Animal Health Commission adopts new sec.sec.39.1-39.10 without changes to the proposed text as published in the April 30, 1993, issue of the Texas Register (18 TexReg 2842). The new rules are necessary to provide owners of livestock infested with or exposed to scabies with requirements, procedures, and guidelines for treating the affected livestock. Livestock infested with either psoroptic or sarcoptic scabies are required to be treated by dipping the livestock in either CoRal or GX-118 (Prolate); or, they may treat the livestock by the use of Ivermectin in accordance with label directions; livestock which are infested or exposed to chioroptic mange must be treated by dipping or spraying the affected livestock pursuant to the same requirements used in the treatment of animals exposed to psoroptic scabies. The agency's executive director may permit the livestock to be sprayed if dipping facilities are not available. No comments were received regarding adoption of the new sections. The new rules are adopted under Texas Civil Statutes, Chapter 161, which provide the Commission with authority to adopt rules and set forth the duties of this Commission to control disease. 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-9324634 Terry Beals, DVM Executive Director Animal Health Commission Effective date: July 15, 1993 Proposal publication date: April 30, 1993 For further information, please call: (512) 479-6697 Chapter 55. Swine 4 TAC sec.55.9 The Texas Animal Health Commission adopts an amendment to sec.55.9, without changes to the proposed text as published in the April 30, 1993, issue of the Texas Register (18 TexReg 2844). The amendment is necessary to provide that feral swine may be moved from a livestock market to a feral swine slaughter holding facility until a sufficient number of feral swine have been gathered to be economically feasible to deliver a load of the feral swine to slaughter. Trapped feral swine can be moved from the premise where they are trapped to a market for sale only to slaughter or to a feral swine slaughter holding facility. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Chapter 161, which provide the Commission with authority to adopt rules and set forth the duties of this Commission to control disease. 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-9324636 Terry Beals, DVM Executive Director Animal Health Commission Effective date: July 15, 1993 Proposal publication date: April 30, 1993 For further information, please call: (512) 479-6697 TITLE 16. ECONOMIC REGULATION Part IV. Texas Department of Licensing and Regulation Chapter 66. Registration of Property Tax Consultants 16 TAC sec.66.62 The Texas Department of Licensing and Regulation adopts new sec.66.62, concerning the registration of property tax consultants, without changes to the proposed text as published in the May 18, 1993, issue of the Texas Register (18 TexReg 3236). The rule defines who may be recognize as a private provider of continuing education for property tax consultants and sets out the commissioner's requirements for recognition as a provider. The section requires providers of continuing education to be registered with or exempted by the Texas Education Agency and allows the department to approve courses and seminars for upgrade credit and initial continuing education classroom hours. No comments were received regarding adoption of the rule. The new rule is adopted under Texas Civil Statutes, Article 8886, 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. 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-9324603 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: July 12, 1993 Proposal publication date: May 18, 1993 For further information, please call: (512) 463-3127 TITLE 19. EDUCATION Part I. Texas Higher Education Coordinating Board Chapter 5. Program Development Subchapter K. Private Degree-Granting Institutions Operating in Texas 19 TAC sec.5.211 The Texas Higher Education Coordinating Board adopts an amendment to sec.5. 211, without changes to the proposed text as published in the February 16, 1993, issue of the Texas Register (18 TexReg 999). As a result, there will be more efficient implementation of the rules which protect the public from fraudulent and substandard institutions of higher education. The amendment is necessary to clarify and strengthen the requirements of the board for certification to award degrees by private institutions of higher education. There were no comments received regarding the adoption of the amendment. The amendment is adopted under the Texas Education Code, sec.61.311, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules regarding Private Degree-Granting Institutions Operating in Texas. 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-9324598 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: July 12, 1993 Proposal publication date: February 16, 1993 For further information, please call: (512) 483-6160 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 73. Laboratories Fees for Drinking Water Systems 25 TAC sec.73.41 The Texas Department of Health (department) adopts an amendment to sec.73. 41, concerning Fees for Services for Drinking Water Systems, without changes to the proposed text as published in the May 7, 1993, issue of the Texas Register (18 TexReg 2932). The amendment will permit the department to administer a certification program for environmental laboratories in order to perform drinking water analyses under the federal Safe Drinking Water Act (Act) and the primary drinking water regulations promulgated thereunder as found in Title 40, Code of Federal Regulation, sec.141. The United States Environmental Protection Agency (EPA) is authorized by the Act to provide for the analysis of potable water in all states by certified laboratories only. The mechanism for achieving the ends mandated in the Act is for EPA to certify a principal laboratory in each state and require that laboratory to perform all testing on drinking water itself or else to certify other laboratories for that purpose. The department laboratory is the principal laboratory in Texas. Until now, only the department laboratory has performed chemical analyses. Selected public laboratories, such as local public health department laboratories and laboratories in water treatment plants operated by local governments, have been certified to perform microbiological analyses; this testing was decentralized due to the time-sensitive nature of microbiological samples. The amendment establishes a program by which all laboratories, public, industrial, and independent, may perform drinking water analyses for compliance with the Act. A large and complicated state program is avoided by creating an administrative function with a small clerical staff and limited decision-making role for the director of the department's laboratory. Certification will be based on accreditation of any interested laboratory by one of a number of nationally recognized accrediting agencies approved by the department. Applying laboratories must obtain accreditation at their own expense and pay a nominal administrative fee for the department to certify them. The department will weigh the results of onsite inspections and outside performance evaluations that are conducted as part of the accrediting action to decide on certification. No one appeared for the public hearing on May 12. However, two telephone calls and one letter were received expressing strong support for the certification program. A letter from the Texas Water Commission (TWC) made three points that are summarized as follows: that shipment of samples to multiple testing laboratories rather than the one now used will increase that agency's administrative burden in tracking sample submissions; that TWC must receive reports from any testing laboratory in a standardized format set by that agency in order to manage the analytical data; and that TWC is likely to continue collecting and submitting samples under the Act themselves to the laboratory of their choice due to the complex issues of sample collection, tracking, and reporting. These concerns are well taken. The jurisdiction and regulation of water quality in public drinking water supplies rests with the Texas Water Commission. This rule change will not necessitate a change in their prerogatives regarding selection of analytical laboratories for their own purposes. The changes will permit independent laboratories to be certified should the need for back-up ever arise, and it will permit such laboratories to satisfy demands for certification that may be placed upon work by Texas- based laboratories in other states or for other federal contracts. The amendment is adopted under the Health and Safety Code, sec.12.031 and sec.12.032, which provides the Texas Board of Health (board) with the authority to adopt rules concerning fees for public health services; 40 Code of Federal Regulations, sec.141.28, which allows the Texas Department of Health to certify other laboratories in Texas; and sec.12.001, which provides the board with authority to adopt rules to implement every duty imposed by law on the board, the department, and the commissioner of health. 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 21, 1993. TRD-9324622 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: July 12, 1993 Proposal publication date: May 7, 1993 For further information, please call: (512) 458-7318