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 3. Boll Weevil Eradication Program Subchapter A. Election Procedures 4 TAC sec.sec.3.1-3.6 The Texas Department of Agriculture (the department) adopts new sec.sec.3.1-3. 6, concerning election procedures, without changes to the proposed text as published in the June 11, 1993, issue of the Texas Register (18 TexReg 3647). The new sections are adopted in accordance with the provisions of the Texas Agriculture Code, sec.74.114, as enacted by Senate Bill 30, 73rd Legislature, Regular Session (1993), to aid in the implementation of the boll weevil eradication program in Texas. The new sections provide procedures for use by the Boll Weevil Eradication Foundation to conduct referenda to establish boll weevil eradication zones and assessment rates and to elect board members to serve on the foundation's board of directors. More specifically, the new sections provide general instructions for conducting elections including voter eligibility requirements, requirements for board candidates, procedures for providing notice of the elections, procedures for voting and canvassing of votes, requirements for ballots used in elections, and requirements and procedures for approval of zones, assessment rates and/or board elections. Representatives of following organizations commented generally in favor of the new sections at a public hearing conducted by the department on the new sections on June 28, 1993: Texas Cotton Producers, Inc., Southern Rolling Plains Cotton Growers, South Texas Cotton and Grain Association, Plains Cotton Growers, Rolling Plains Cotton Growers, St. Lawrence Cotton Growers and the Texas Agricultural Cooperative Council. The new sections are adopted under the Texas Agriculture Code, sec.74.114, which requires the department to adopt procedures for conducting of elections by the Boll Weevil Eradication Foundation. 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 July 19, 1993. TRD-9326033 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: August 9, 1993 Proposal publication date: June 11, 1993 For further information, please call: (512) 463-7583 Chapter 5. Quarantines Imported Fire Ant Quarantine 4 TAC sec.5.1 The Texas Department of Agriculture (the department) adopts an amendment to sec.5.1, concerning quarantined areas, without changes to the proposed text as published in the June 11, 1993, issue of the Texas Register (18 TexReg 3649). The amendment is made to stop the movement of imported fire ants out of currently infested areas of the state. The amendment adds Brown, Maverick, Midland, Jones, Kimble, La Salle, Palo Pinto, Stephens, Val Verde, and parts of Ector and Montague counties to the list of quarantined areas. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Agriculture Code, sec.71.002, which requires the Texas Department of Agriculture with the authority to establish a quarantine against in-state diseases and pests; and sec.71.007, which authorizes the department to adopt rules necessary for the protection of agricultural and horticultural interests. 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 July 19, 1993. TRD-9326032 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: August 9, 1993 Proposal publication date: June 11, 1993 For further information, please call: (512) 463-7583 TITLE 16. ECONOMIC REGULATIONS Part I. Railroad Commission of Texas Chapter 3. Oil and Gas Division Conservation Rules and Regulations 16 TAC sec.3.70 The Railroad Commission of Texas adopts new sec.3.70, with changes to the proposed text as published in the May 11, 1993, issue of the Texas Register (18 TexReg 3013). The rule shall take effect on September 1, 1993. Adoption of the rule will make the requirement of filing forms required to be filed by various statewide rules have the force of a statewide rule and put the public on notice where a complete set of all commission forms may be found and how notices of new or amended forms will be distributed to the public. Adoption of the rule will allow more efficient communication of commission procedural changes to the public. One comment recommended that the commission continue its practice of giving notice when adopting new or revised forms. The commission agrees and will continue to issue notice of new forms. Two comments suggested an addition to the proposed rule to state that the new rule could not be used to make substantive changes to commission requirements without a rulemaking proceeding. The commission disagrees. Such substantive changes are in fact effectuated through rulemaking. The primary purpose behind the new rule is to eliminate the rulemaking process when a form is merely added or changed. One comment suggested the use of the words "created, amended, or eliminated" in place of the words "amended, deleted or added to" in the second sentence and the words "new or amended" in the fourth sentence. The commission agrees in part and minor word changes have been made for clarity. Comments by the following entities supported adoption of the rule with no, or minor, changes: Permian Basin Petroleum Association, North Texas Oil and Gas Association, Texas Mid-Continent Oil and Gas Association, Phillips Petroleum Company, and Lone Star Gas Company. No comments were received opposing adoption of the rule. The Railroad Commission adopts this rule pursuant to the Texas Natural Resources Code, sec.81.052, which provides the Railroad Commission with the authority to adopt all necessary rules for governing and regulating persons and their operations under the jurisdiction of the commission. sec.3.70. Commission Forms Required to be Filed. (Rule 80) Forms required to be filed at the commission will be those prescribed by the commission. Forms may be created, amended, or eliminated at the commission's discretion without having a rulemaking proceeding. A complete set of all commission forms required to be filed at the commission will be kept by the commission secretary. Notice of any created, amended, or eliminated forms shall be issued 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 July 19, 1993. TRD-9326093 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Section Railroad Commission of Texas Effective date: September 1, 1993 Proposal publication date: May 11, 1993 For further information, please call: (512) 463-7051 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.10.3433 The Texas Department of Human Services (DHS) adopts an amendment to sec.10. 3433, without changes to the proposed text as published in the June 11, 1993, issue of the Texas Register (18 TexReg 3687). The amendment is justified to allow a negotiated fee to be used in the child care management services (CCMS) cost reimbursement budget. The amendment will function by ensuring that CCMS will have the flexibility to use the most cost effective method of providing employee benefits. The department received no comments regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 44, which provides the department with the authority 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 July 20, 1993. TRD-9326071 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: September 1, 1993 Proposal publication date: June 11, 1993 For further information, please call:(512) 450-3765