Emergency Sections 
 An agency may adopt a new or amended section or repeal an existing section on 
an emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the Texas Register, or on a stated date less than 
20 days after filing, for no more than 120 days. The emergency action is 
renewable once for no more than 60 days. 
 Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of bold text. [Brackets] indicate deletion of 
existing material within a section. 
 
   
  TITLE 1. ADMINISTRATION 
 Part V. General Services Commission 
  Chapter 115. Building and Property Services Division 
  
  Definitions 
 
  1 TAC sec.115.32 
 
  The General Services Commission extends for 60 days its adoption on an 
emergency basis an amendment to sec.115.32 concerning emergency leases. The 
amendment increases the maximum term of emergency leases from 12 months to 24 
months and deletes the requirement that the purpose of emergency leases be to 
provide time for acquiring space in accordance with Article 6. The emergency 
adoption is extended for the following reasons. The longer term for such 
emergency leases will increase flexibility in scheduling commencement dates of 
bid leases, minimize the cost of emergency leases and avoid the risk of 
unnecessary relocation of offices, with the resultant expense and disruption of 
client services. 
 The amendment is adopted under Texas Civil Statutes, Article 601b, sec.6.12 
which provide the General Services Commission with the authority to promulgate 
rules necessary to administer its functions under Texas Civil Statutes, Articles 
601b, and 6. 
 
 
  sec.115.32. Definitions.  The following words and terms, when used in this 
subchapter, shall have the following meanings, unless the context clearly 
indicates otherwise: 
   
   Emergency Lease -A lease negotiated with a private source for a term not to 
exceed 24 months, as determined by the Commission. 
 
  Issued in Austin, Texas, on July 27, 1993. 
 TRD-9326403 
  Judith M. Porras 
 General Counsel 
 General Services Commission 
    Effective date: July 29, 1993 
 Expiration date: September 28, 1993 
 For further information, please call: (512) 463-3583 
         
               Part X. Department of Information Resources 
  Chapter 201. Planning and Management of Information Resources Technologies 
  
  1 TAC sec.sec.201.1-201.5 
 
  The Department of Information Resources adopts on an emergency basis revised 
sec.sec.201.1-201.5, concerning the planning and management of information 
resources technologies. The sections describe the procedures for agency 
appointment of Information Resources Managers and submission of operating plans 
and reports. The section adopted on an emergency basis is simultaneously 
proposed for public comment in this issue of the Texas Register. 
 The section is adopted on an emergency basis to ensure all necessary rules 
comply with the provisions of Senate Bill 381, enacted by the 73rd Legislature, 
Regular Session, effective June 19, 1993. 
 The section is adopted on an emergency basis under Texas Revised Civil 
Statutes, Article 4413(32j), sec.9(a), which authorizes the department to adopt 
rules as necessary to carry out its responsibility under the Information 
Resources Management Act. 
 
 
  sec.201.1. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise. 
   
   [Advanced certification -A certification by DIR that all criteria for a 
proposed information systems procurement actions as defined in the Texas 
Government Code, 463.021(a), regarding advanced certification, have been 
fulfilled by a state governmental body.] 
   
   [Set of related procurements-Any procurements included in a project as 
defined in an approved operating plan] 
   
   [Specification-A written description of item or items to be acquired or 
purchased, to include technical requirements, and terms and conditions for the 
acquisition.] 
   
  <nl>   Telecommunications services -Intercity communications facilities or 
services. "Telecommunications services" does not include single agency point-to-
point radio systems or facilities or services of criminal justice information 
systems. 
 
   
  sec.201.3. Information Resources Managers. 
 
  (a) Selection of information resources managers. 
 
  (1)-(2) (No change.) 
   
  [(3) A state agency may designate the department as its information resources 
manager if the department performs substantially all information resources 
processing for a state agency.] 
   
  <nl>(3)<ol>[(4)] A member of the board of the department may not also serve as 
the information resources manager of a state agency. 
   
  <nl>(4) <ol>[(5)] The head of each state agency shall designate an information 
resources manager. The state agency's designation must contain the name, title, 
authority, responsibilities, organizational resources, and education and 
experience of the proposed information resources manager in the format 
prescribed by the department. The department must notify the state agency in 
writing of receipt of the designation of the information resources manager 
within 30 days after receipt of the designation. 
     
  (b) (No change.) 
 
     
  sec.201.5. Agency Planning. 
 
  (a) (No change.) 
   
  [(b) Initial operating plans. 
 
  [(1) Submittal procedures. 
 
  [(A) each state agency shall prepare and submit an initial operating plan to 
the department once each biennium. 
   
  [(B) The governing body of the submitting agency must approve the initial 
operating plan; the information resources manager or the agency head must sign 
the initial operating plan. 
   
  [(C) Format of the initial operating plan must comply with instructions, based 
on subsection (b)(2) of this section, published by the department and 
distributed to each state agency prior to February 1 of each even-numbered year. 
Content of the plan must include, in the format prescribed by the department: 
 
  [(i) an executive summary; 
   
  [(ii) schedules for proposed information resources projects; 
   
  [(iii) and the agency's summary of impact of information resources projects. 
     
  [(D) The initial operating plan is due at the same time the agency submits its 
first legislative appropriations request and must be submitted to the department 
no later than 30 calendar days after that date. 
     
  [(2) Contents. An agency's initial operating plan must contain information in 
the format specified by the department in the initial operating plan 
instructions. These instructions are adopted by reference. Copies may be 
obtained in person or in writing at the Office of the Department of Information 
Resources, P.O. Box 13564, Austin, Texas 78711. 
   
  [(3) Review procedures. 
 
  [(A) The department will evaluate initial operating plans: 
 
  [(i) for consistency with the agency strategic plan; 
   
  [(ii) for completeness with respect to published instructions based on 
subsection (b)(2) of this section; 
   
  [(iii) for the agency organizational and operational environment; 
   
  [(iv) for needs and benefits; 
   
  [(v) for technical validity; 
   
  [(vi) for cost-effective implementation of information resources technologies 
to meet the agency mission. 
     
  [(B) The department will publish criteria for review of all agency operating 
plans and amendments based on subsection (b)(3)(A) of this section no later than 
January 1, 1991, and will update these criteria by February 1 of each even-
numbered year thereafter. 
   
  [(C) The department will review and approve or disapprove each initial 
operating plan in writing no later than 120 days after receipt of the plan. If 
the department disapproves an agency's initial operating plan, the agency may 
appeal the decision at the next regularly scheduled board meeting. The 
department may not approve an agency's initial operating plan unless the agency 
has submitted, and the department has approved, a current agency strategic 
plan.] 
       
  <nl>(b)<ol>[(c)] <nl>Biennial <ol> [Final] operating plans. 
 
  (1) Submittal Procedures. 
 
  (A) Each state agency shall <nl>prepare and<ol> submit a  <nl>biennial<ol> 
[final] operating plan to the department <nl>once each biennium. The plan is due 
no <ol> [not] later than <nl>the 30th day after the date the General 
Appropriations Act becomes law. <ol> [the earliest of the following dates of 
each odd-numbered year: 
 
  [(i) September 1; 
   
  [(ii) the 60th day after the date the General Appropriations Act becomes law 
if it becomes law on or before July 31 of that year; or 
   
  [(iii) the 30th day after the date the General Appropriations Act becomes law 
if it becomes law after July 31 of that year.] 
     
  (B) Format of the <nl>biennial<ol> [final] operating plan must comply with 
instructions, based on subsection <nl>(b)(2) <ol> [(c)(2)] of this section, 
published by the department and distributed to each state agency <nl>. <ol> 
[prior to February 1 of each even-numbered year. Content of the plan must 
include, in the format prescribed by the department, revisions to the initial 
operating plan.] 
   
  (C) <nl>The governing body of the submitting agency must approve the biennial 
operating plan, and the information resources manager or the agency head must 
sign the biennial operating plan.<ol> [The department may grant an extension to 
an agency which has a major change in legislative programs or other external 
factors with a major impact on agency programs or priorities that was not 
anticipated in the agency's legislative appropriations request. Within ten 
working days of enactment of such legislation or other cause for deferral, the 
agency must request an extension in writing and describe the impact of 
legislation on the information resources organization.] 
   
  (D) <nl>Extensions on the Biennial Operating Plan deadline may be granted by 
the department. Within ten days of receiving an agency's request for extension, 
the department shall inform the agency whether the extension is approved or 
disapproved. <ol> [The department must approve this extension according to 
procedures published by the department and distributed to each agency by January 
1 of each odd-numbered year.] 
   
  (E) <nl>An agency may request an extension of the deadline for submitting its 
Biennial Operating Plan. The request should describe the agency's need for 
additional time, and must be submitted to the department within 15 days after 
the General Appropriations Act becomes law.<ol> [Within ten working days after 
receiving the request, the department will inform the agency whether or not the 
request is approved, and what the conditions are for deferred submittal, in 
consideration of the legislative impact and effective dates.] 
     
  (2) Contents. An agency's <nl>biennial<ol> [final] operating plan must [, in 
addition to the information required in initial operating plan,] include: 
 
  (A) (No change.) 
   
  (B) <nl>Information in the format specified by the department in the operating 
plan instructions. These instructions are adopted by reference. Copies may be 
obtained in person or in writing at the Department of Information Resources, 
P.O. Box 13564, Austin, Texas 78711. <ol> [an identification of changes, if any, 
in the agency's priorities for projects and associated procurements as set forth 
in the initial operating plan.] 
     
  (3) Review procedures. 
 
  (A) The department will evaluate <nl>biennial <ol> [final] operating plans 
<nl>: 
 
  <nl>(i)<nl> for consistency with the General Appropriations Act and other 
legislation; 
   
  <nl>(ii)<nl> for consistency with the state and agency strategic plans; 
   
  completeness with respect to published instructions based on subsection (b)(2) 
of this section; 
   
  <nl>(iv)<nl> for the agency organizational and operational environment; 
   
  <nl>(v)<nl> for needs and benefits; 
   
  <nl>(vi)<nl> for technical validity; and 
   
  <nl>(vii)<nl> for cost-effective implementation of information resources 
technologies to meet the agency mission.<ol> [for consistency with the General 
Appropriations Act, other legislation, and the priorities identified in the 
initial operating plan, and for cost-effective implementation of information 
resources technologies to meet the agency mission.] 
     
  (B) The department will review and approve or disapprove each <nl>biennial<ol> 
[final] operating plan in writing no later than <nl>45 <ol> [30] working days 
after receipt of the plan. <nl>The department may approve all or part of a plan. 
   
  (C) The department may not approve an agency's <nl>biennial <ol> [final] 
operating plan, unless the agency has submitted, and the department has 
approved, a current agency strategic plan. 
   
  (D) If the department disapproves an agency's <nl>biennial <ol> [final] 
operating plan, the agency may appeal the decision at the next regularly 
scheduled board meeting. 
       
  <nl>(c)<ol>[(d)] Plan amendments. 
 
  (1) Submittal procedures. 
 
  (A) A state agency shall amend its strategic plan, [initial operating plan,] 
and/or <nl>biennial<ol> [final] operating plan when necessary during a biennium. 
An agency may amend the plans, for example, to implement recommendations 
resulting from a consulting services contract or staff report that may affect 
information resources strategies, changes in information resources technologies, 
or changes in the agency's management of information resources. 
   
  (B) A state agency must submit proposed plan amendments to the department for 
approval. [All amendments affecting operations during a fiscal year must be 
submitted no later than June 1 of that year.] 
     
  (2) Review procedures. The department will review and approve or disapprove 
each proposed plan amendment no later than 30 working days after it is received. 
<nl>Instructions <ol> [Initial instructions] for the format and content of plan 
amendments and criteria for review of these amendments based on subsection 
(a)(2) of this section for strategic plans, [subsection (b)(2) of this section 
for initial operating plans,] and subsection  <nl>(b)(2)<ol> [(c)(2)] of this 
section for <nl>biennial <ol> [final] operating plans will be published by the 
department. [no later than January 1, 1991, and updated by February 1 of each 
even-numbered year thereafter.] 
     
  (d) [(e)] Appeal procedures. 
 
  (1) Submittal procedures. A state agency that disagrees with the department's 
disapproval of a plan, part of a plan, plan amendment, or analysis of project 
acquisition alternatives [, or procurement] may submit a written request to the 
department for special review no later than 30 [working] days after notification 
of department disapproval. 
   
  (2) (No change.) 
     
  <nl>(e)<ol>[(f)] Implementation of approved plans. 
 
  (1) As a consequence of evaluating an agency's <nl>biennial <ol> [initial or 
final] operating plan, the department may make approval of the plan, or part of 
a plan, conditional upon the submission of the following additional information 
relating to a proposed action to implement the plan: 
 
  (A) total estimated costs of the proposed action; 
   
  (B) updated statements of need and related performance objectives; 
   
  (C) a cost-benefit analysis of the proposed action and alternatives; and 
   
  (D) <nl>any other factors the department determines necessary. <ol> [in the 
case of an identified or anticipated need to acquire additional sole-source or 
proprietary resources, a concise justification of the need for such an 
acquisition.] 
     
  (2) The department will identify the additional information required under 
this subsection with reasonable specificity at the time it completes its 
evaluation of a plan. The condition to the plan approval must be satisfied prior 
to the agency  <nl>implementing the affected portions of the plan.<ol> 
[commencing a procurement action to implement the plan.] 
     
  <nl>(f)<ol>[(g)] Review of State Agency Analyses of Project Acquisition 
Alternatives. 
 
  (1) Applicability. 
 
  (A) Departmental review of analyses of project acquisition alternatives is 
required for: 
 
  (i) state agency information resources projects over the agency threshold as 
described in an agency's <nl>biennial <ol> [initial or final] operating plan, or 
   
  (ii) any state agency information resources project or other activity as 
stipulated by the department in its approval of <nl>the biennial<ol> [an initial 
or final] operating plan; except 
   
  (iii) <nl>These<ol> [through August 31, 1993, these] provisions shall not 
apply for any agency projects to expand or enhance existing information 
resources capacity with no significant change in technical environment. 
     
  (B) Through August 31, 1993, the provisions of this subsection shall only 
apply to any state agency with the general appropriation rider entitled "DIR 
Review Required." 
     
  (2) Waivers. 
 
  (A) (No change.) 
   
  (B) <nl>A<ol> [Through August 31, 1993, a] waiver shall automatically apply to 
any agency whose <nl>biennial <ol> [final] operating plan projects are 
classified only as [current operations, normal growth,] baseline operations, or 
growth and expansion, or telecommunications and where the agency's total direct 
costs for all of those projects are less than $750,000. 
   
  (C) <nl>A<ol> [Through August 31, 1993, a] waiver shall apply for any agency 
projects in progress beyond the planning or feasibility study stage on or before 
May 1, 1992. Such waivers must be requested in writing by the Information 
Resources Manager. The department will grant or deny waiver requests within ten 
working days of receipt of the request, based on evidence of project status. 
     
  (3)-(5) (No change.) 
         
  Issued in Austin, Texas, on July 26, 1993. 
 TRD-9326326 
  Ann S. Fuelberg 
 Executive Director 
 Department of Information Resources 
    Effective date: July 26, 1993 
 Expiration date: October 23, 1993 
 For further information, please call: (512) 475-4700 
         
           
  TITLE 22. EXAMINING BOARDS 
 Part XI. Board of Nurse Examiners 
  Chapter 223. Fees 
  
  22 TAC sec.223.1 
 
  The Board of Nurse Examiners is adopting, on an emergency basis, an amendment 
to sec.223.1, concerning Fees. The emergency adoption of this amendment is a 
direct result of legislation passed during the 73rd Legislative Session, whereby 
the Board of Nurse Examiners shall adopt a mandatory newsletter fee to be paid 
by each nurse upon renewal of his/her license, to become effective September 1, 
1993. 
 The emergency adoption of this amendment by the Board of Nurse Examiners is 
authorized under Texas Civil Statutes, Article 4514, sec.1, which provide the 
board with the authority to make and enforce all rules and regulations necessary 
for the performance of its duties and conducting of proceedings before it, to 
establish standards of professional conduct for all persons licensed under the 
provisions of this law in keeping with its purpose and objectives. 
 
 
  sec.223.1. Fees. The Board of Nurse Examiners has established reasonable and 
necessary fees for the administration of its functions in the following amounts: 
 
  (1)-(5) (No change.) 
   
  (6) licensure (each biennium)-<nl>$35 <ol> [$30]; 
   
  (7)-(15) (No change.) 
 
  Issued in Austin, Texas, on July 22, 1993. 
 TRD-9326271 
  Louise Waddill, Ph.D., R.N. 
 Executive Director 
 Texas Board of Nurse Examiners 
    Effective date: July 23, 1993 
 Expiration date: November 20, 1993 
 For further information, please call: (512) 835-8650