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 1. ADMINISTRATION Part XII. Advisory Commission on State Emergency Communications Chapter 251. Regional Plans-Standards 1 TAC sec.251.3 The Advisory Commission on State Emergency Communications adopts an amendment to sec.251.3, without changes to the proposed text as published in the June 4, 1993, issue of the Texas Register (18 TexReg 3544). The amendment provides procedures for revisions to plan amendments for the utilization of funds toward the completion of rural address assignments, which allow for the Automatic Location Identifier (ALI) feature to display the location of 911 callers. It will enable improved effectiveness of 911 call delivery. The rule serves as a guide for the distribution of addressing funds to local governments for the purpose of establishing addresses, essential to a 911 system utilizing ALI. No comments were received regarding the adoption of the rule. The amendment is adopted under the Health and Safety Code, sec.sec.771.055, 771. 056, 771.057, and 771.072, which provide the Advisory Commission on State Emergency Communications with the authority to develop and amend regional plans for the establishment and operation of efficient 911 emergency service that meet Commission standards and procedures. 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 August 9, 1993. TRD-9326992 Mary A. Boyd Executive Director Advisory Commission on State Emergency Communications Effective date: August 30, 1993 Proposal publication date: June 4, 1993 For further information, please call: (512) 327-1911 TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 6. Boll Weevil Control 4 TAC sec.sec.6.2-6.5 The Texas Department of Agriculture adopts amendments to sec.sec.6.2-6.4 and new sec.6.5, without changes to the proposed text as published in the June 29, 1993, issue of the Texas Register (18 TexReg 4229). The amendments are adopted to clarify the extension request procedure and destruction methodology to be utilized by farmers. New sec.6.5 is adopted to clarify responsibilities for compliance with Chapter 6. The amendments to sec.sec.6.2-6.4 define mechanical destruction and establish rules for requesting extensions to the planting and destruction deadlines. New sec.6.5 provides for joint and/or several responsibility of the land owner and farm operator for compliance with Chapter 6. One comment was received regarding the mechanical destruction definition. The South Texas Grain Association was concerned that the definition would preclude the use of chemicals for the destruction of cotton, making the definition too restrictive. The department disagrees that this language should be changed and feels that the definition as set forth is necessary to insure complete cotton destruction. The amendment is adopted under the Texas Agriculture Code, sec.74.004, which provides the Texas Department of Agriculture with the authority to adopt rules for regulated areas, dates, and methods of destruction; and sec.74.006 which provides the department with the authority to adopt rules necessary for the efficient enforcement and administration of Chapter 74. 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 August 4, 1993. TRD-9326943 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: August 27, 1993 Proposal publication date: June 29, 1993 For further information, please call: (512) 463-7583 TITLE 7. BANKING AND SECURITIES Part VI. Credit Union Department Chapter 97. Commission Policies and Administrative Rules Fees 7 TAC sec.97.113 The Credit Union Commission adopts an amendment to sec.97.113, providing for the combination of supervision and examination fees into an annual operating fee, with changes to the proposed text as published in the June 4, 1993, issue of the Texas Register (18 TexReg 3545). The amendment assures that funding will be available at the beginning of the state's fiscal year to enable the department to carry out its supervisory and examination functions. A change was made to the text by substituting the word "with" for the word "without" in the last sentence of sec.97.113(b). Community Credit Union commented against the amendment, reasoning that fees should not be increased without a credit union's consent and that the Commission should approve all fee increases. The commission agrees in part with this comment. Fee increases should be approved by the Commission. Accordingly, the word "without" is changed to "with" in the last sentence of subsection (b). The commission disagrees that credit unions should be allowed to consent to all fees increases. The commission is required by the Credit Union Act to adopt reasonable rules to prescribe fees that are required for the administration of the Act. The Act does not require that credit unions consent to the amount of the fees. The amendment is adopted under the provision of Texas Civil Statutes, Article 2461-11.07, which provides the Credit Union Commission with the authority to adopt reasonable rules necessary for the administration of the Act. sec.97.113. Operating Fees. (a) Remittance of fees. Effective September 1, 1991, each credit union authorized to do business under the Act shall remit to the Credit Union Department its annual operating fee prior to October 1 of each year. Such fees received after September 30 of each year will be subject to a monthly 10% late fee unless waived by the commissioner for good cause. (b) Calculation of operating fees. The schedule provided in this section shall serve as the basis for calculating operating fees. The base date shall be June 30 of the year in which operating fees are calculated. The asset base may be reduced by the amount of reverse-repurchase balances extant on the June 30 base date. The commissioner is authorized to increase or decrease the fee schedule annually by amounts not to exceed 10% per year with prior approval of the commission, as needed to match revenue with appropriations. [graphic] (c) (No change.) (d) Liquidations. Credit unions in liquidation shall pay an annual operating fee of $100. (e) (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 August 4, 1993. TRD-9326848 Robert W. Rogers Deputy Commissioner Credit Union Department Effective date: August 26, 1993 Proposal publication date: June 4, 1993 For further information, please call: (512) 837-9236 TITLE 16. ECONOMIC REGULATION Part VIII. Texas Racing Commission Chapter 303. General Provisions Subchapter B. Powers and Duties of the Commission 16 TAC sec.303.41 The Texas Racing Commission adopts an amendment to sec.303.41, concerning allocation of race dates, without changes to the proposed text as published in the June 25, 1993, issue of the Texas Register (18 TexReg 4170). The amendment is adopted to streamline the race date allocation process. The amendment clarifies the application procedure for race dates. 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; sec.8.01 and sec.11.01 which authorize the commission to allocate race dates to horse racetracks and greyhound racetracks; and Texas Civil Statutes, Article 6252-13a, sec.4, which authorizes the commission to adopt rules of practice and procedure. 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 August 4, 1993. TRD-9326827 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 1, 1993 Proposal publication date: June 25, 1993 For further information, please call: (512) 794-8461 Chapter 309. Operation of Racetracks Subchapter C. Greyhound Racetracks Facilities and Equipment 16 TAC sec.309.302 The Texas Racing Commission adopts an amendment to sec.309.302, concerning Track Specifications, without changes to the proposed text as published in the June 25, 1993, issue of the Texas Register (18 TexReg 4172). The amendment is adopted to ensure that pari-mutuel racing will be safe and humane for racing greyhounds. The amendment authorizes the executive secretary to approve the degree of banking at a greyhound racetrack. No comments were received regarding the proposal. 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 authorizes the commission to adopt rules relating to the operation of racetracks. 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 August 4, 1993. TRD-9326828 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 1, 1993 Proposal publication date: June 25, 1993 For further information, please call: (512) 794-8461 Chapter 311. Conduct and Duties of Individual Licensees Subchapter A. General Provisions 16 TAC sec.311.1 The Texas Racing Commission adopts an amendment to sec.311.1, concerning Applicability, without changes to the proposed text as published in the June 25, 1993, issue of the Texas Register (18 TexReg 4172). The amendment is adopted to ensure all of the commission's licensees behave in a manner that upholds the integrity of racing. The amendment extends the applicability of the commission's rules regarding conduct of licensees who participate in pari-mutuel racing to all persons holding individual licenses. 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.7.02, which authorizes the commission to adopt rules specifying the qualifications and experience necessary for licensing. 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 August 4, 1993. TRD-9326829 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 1, 1993 Proposal publication date: June 25, 1993 For further information, please call: (512) 794-8461 Subchapter B. Specific Licensees General Provisions 16 TAC sec.311.106 The Texas Racing Commission adopts an amendment to sec.311.106, concerning Stable or Kennel Names, without changes to the proposed text as published in the June 25, 1993, issue of the Texas Register (18 TexReg 4172). The amendment is adopted to ensure that pari-mutuel racing is of the highest integrity. The amendment prohibits a licensee who has registered a stable or kennel name from using the licensee's real name for racing purposes except with the approval of the stewards or racing judges. 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.7.02, which authorizes the commission to adopt rules specifying the qualifications and experience necessary for licensing. 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 August 4, 1993. TRD-9326830 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 1, 1993 Proposal publication date: June 25, 1993 For further information, please call: (512) 794-8461 Chapter 313. Officials and Rules of Horse Racing Subchapter B. Entries, Declarations, and Allowances Entries 16 TAC sec.313.103 The Texas Racing Commission adopts an amendment to sec.313.103, concerning Eligibility Requirements, without changes to the proposed text as published in the June 25, 1993, issue of the Texas Register (18 TexReg 4173). The amendment is adopted to ensure that pari-mutuel racing is safe and humane for the race animals. The amendment clarifies the workout requirements for eligibility to start in a pari-mutuel race. No comments were received regarding adoption of the amendment. The amendment is proposed 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 authorizes the commission to adopt rules relating to the operation of racetracks. 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 August 4, 1993. TRD-9326831 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 1, 1993 Proposal publication date: June 25, 1993 For further information, please call: (512) 794-8461 Chapter 313. Officials and Rules of Horse Racing Subchapter B. Entries, Declarations, and Allowances Entries 16 TAC sec.313.112 The Texas Racing Commission adopts the repeal of sec.313.112, concerning official workouts, without changes to the proposed text as published in the February 23, 1993, issue of the Texas Register (18 TexReg 1125). The repeal is adopted to ensure that wagerers have accurate workout information on horses on which they are wagering and that race horses participating in pari- mutuel racing are fit and ready to compete. The repeal eliminates the authority for facilities other than pari-mutuel racetracks to provide official workouts for purposes of eligibility to enter a pari-mutuel horse race. No comments were received regarding adoption of the repeal. The repeal 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 August 4, 1993. TRD-9326836 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 1, 1993 Proposal publication date: February 23, 1993 For further information, please call: (512) 794-8461 Subchapter D. Running of the Race Jockeys 16 TAC sec.313.404 The Texas Racing Commission adopts an amendment to sec.313.404, concerning Items Included In Weight, without changes to the proposed text as published in the June 25, 1993, issue of the Texas Register (18 TexReg 4173). The amendment is adopted to encourage the use of safety vests by jockeys, thereby reducing the risk of injury by jockeys. The amendment clarifies which items of equipment are not to be included in a jockey's weight. No comments were received regarding adoption of the amendment. The amendment is proposed 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 authorizes the commission to adopt rules relating to the operation of racetracks. 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 August 4, 1993. TRD-9326832 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 1, 1993 Proposal publication date: June 25, 1993 For further information, please call: (512) 794-8461 16 TAC sec.313.405 The Texas Racing Commission adopts an amendment to sec.313.405, concerning Whips And Other Equipment, without changes to the proposed text as published in the June 25, 1993, issue of the Texas Register (18 TexReg 4173). The amendment is adopted to encourage the use of safety vests by jockeys, thereby reducing the risk of injury by jockeys. The amendment authorizes a jockey to wear a safety vest and provides the specifications for a permitted vest. No comments were received regarding adoption of the amendment. The amendment is proposed 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 authorizes the commission to adopt rules relating to the operation of racetracks. 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 August 4, 1993. TRD-9326833 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 1, 1993 Proposal publication date: June 25, 1993 For further information, please call: (512) 794-8461 Chapter 321. Pari-mutuel Wagering Subchapter C. Simulcast Wagering General Provisions 16 TAC sec.321.205 The Texas Racing Commission adopts an amendment to sec.321.205, concerning Simulcasting Contract, without changes to the proposed text as published in the June 25, 1993, issue of the Texas Register (18 TexReg 4176). The amendment is adopted to ensure the process for applying for and obtaining approval of simulcasting contracts will be more efficient and effective. The amendment clarifies the procedure for obtaining commission approval of simulcasting contracts. No comments were received regarding adoption of the amendment. The amendment is proposed 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.11.011 which authorizes the commission to adopt rules to regulate simulcasting; and Texas Civil Statutes, Article 6252-13a, sec.4, which authorizes the commission to adopt rules of practice and procedure. 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, August 4, 1993. TRD-9326834 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 1, 1993 Proposal publication date: June 25, 1993 For further information, please call: (512) 794-8461 Simulcasting at Horse Racetracks 16 TAC sec.321.231 The Texas Racing Commission adopts an amendment to sec.321.231, concerning Approval of Wagering on Simulcast Races, without changes to the proposed text as published in the June 25, 1993, issue of the Texas Register (18 TexReg 4176) . The amendment is adopted to ensure the calculation of fees for simulcasting is more clearly understood. The amendment deletes the $3,500 initial simulcast license fee and clarifies the amount of daily simulcast fees. No comments were received regarding adoption of the amendments. The amendment is proposed 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.11.011 which authorizes the commission to adopt rules to regulate simulcasting; and sec.6.18 which authorizes the commission to impose an annual fee for racetrack 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 August 4, 1993. TRD-9326835 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 1, 1993 Proposal publication date: June 25, 1993 For further information, please call: (512) 794-8461 TITLE 22. EXAMINING BOARDS Part XVII. Texas State Board of Plumbing Examiners Chapter 361. Administration General Provisions 22 TAC sec.sec.361.1, 361.5, 361.6, 361.8 The Texas State Board of Plumbing Examiners adopts amendments to sec.sec.361. 1, 361.5, 361.6, and 361.8, concerning General Provisions, without changes to the proposed text as published in the May 14, 1993, issue of the Texas Register (18 TexReg 3089). The adoption of the amendments is justified because the health and safety of Texas citizens will be enhanced by ensuring each person has access to clean water and clean air through quality plumbing installed and maintained by competent plumbers. The amendments concerning operational definitions of types of plumbers and related occupations, plumber licenses, and plumbing work; administrative procedures for collection of plumber examination and licensing fees by the Board. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 6243-101, which provide the Board with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License Law. 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 May 6, 1993. TRD-9326826 Gilbert Kissling Administrator Texas State Board of Plumbing Examiners Effective date: August 25, 1993 Proposal publication date: May 14, 1993 For further information, please call: (512) 458-2145 Petition for Adoption of Rules 22 TAC sec.sec.361.21-361.26 The Texas State Board of Plumbing Examiners adopts amendments to sec.sec.361. 21-361.25, and new sec.361.26, concerning Petition for Adoption of Rules, without changes to the proposed text as published in the May 14, 1993, issue of the Texas Register (18 TexReg 3091). The adoption of the amendments and new section are justified because the health and safety of Texas citizens will be enhanced by ensuring each person has access to clean water and clean air through quality plumbing installed and maintained by competent plumbers. The amendments and new section concern procedures to petition the Board to adopt a rule; Board procedures for conducting hearings of contested cases; establishment of the Board's Law Enforcement Committee and its duties regarding complaint investigations, citations, contested cases, and settlements; requirement that a licensed plumber's written contract for services contain the licensee's name and mailing address and the telephone number of the Board. No comments were received regarding adoption of the amendments and new section. The amendments and new section are adopted under Texas Civil Statutes, Article 6243-101, which provide the Board with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License Law. 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 May 6, 1993. TRD-9326825 Gilbert Kissling Administrator Texas State Board of Plumbing Examiners Effective date: August 25, 1993 Proposal publication date: May 14, 1993 For further information, please call: (512) 458-2145 Chapter 363. Examinations 22 TAC sec.sec.363.1-363.10 The Texas State Board of Plumbing Examiners adopts amendments to sec.sec.363. 1-363.10, concerning Examinations, without changes to the proposed text as published in the June 18, 1993, issue of the Texas Register (18 TexReg 4008). The adoption of the amendments is justified because the health and safety of Texas citizens will be enhanced by ensuring each person has access to clean water and clean air through quality plumbing installed and maintained by competent plumbers and inspected by competent plumbing inspectors. The amendments concern criteria to be met for a master or journeyman plumber and a plumbing inspector. In summary, the comments against sec.363.1(c) contended the amendment would increase the cost of plumbing inspections and smaller municipalities in particular would be unable to compete in the job market to employ plumbing inspectors with the amended qualifications. In summary, the comments for sec.363.1(c) contended the amendment will help assure proper installation of plumbing systems meeting minimal safety standards due to better qualified inspectors. The following submitted comments against sec.363.1(c): Building Officials Association of Texas, Code Enforcement Association of Texas, the Texas Municipal League and the cities of Odessa, Sugar Land, Fort Stockton, Port Neches, West University Place, Arlington, and Austin. The following submitted comments in favor of sec.363.1(c): the Texas Department of Licensing and Regulation; the Texas Water Commission; the cities of Longview, Houston, Pasadena, Humble, San Antonio; Plumbing Contractors, Inc. ; American Society of Sanitary Engineering; Plumbers and Steamfitters Local Union Number 100; Houston Area Plumbing Joint Apprenticeship Committee; nine plumbing companies; numerous master and journeyman plumbers. The Board disagrees with the comments against amendment sec.363.1(c) because of the assurance that plumbing work will be properly installed due to better qualified plumbing inspectors, the overwhelming support submitted verbally and in writing to the Board, and the lack of evidence supporting increased costs. The amendments are adopted under Texas Civil Statutes, Article 6243-101, which provide the Board with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License Law. 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 8, 1993. TRD-9326824 Gilbert Kissling Administrator Texas State Board of Plumbing Examiners Effective date: August 25, 1993 Proposal publication date: June 18, 1993 For further information, please call: (512) 458-2145 Chapter 365. Licensing License Categories; Description; Scope of Work Permitted 22 TAC sec.sec.365.1, 365.2, 365.5-365.13 The Texas State Board of Plumbing Examiners adopts amendments to sec.sec.365. 1, 365.2, and 365.5-365.13, concerning License Categories; Description; Scope of Work Permitted, without changes to the proposed text as published in the June 18, 1993, issue of the Texas Register (18 TexReg 4010). The adoption of the amendments is justified because the health and safety of Texas citizens will be enhanced by ensuring each person has access to clean water and clean air through quality plumbing installed and maintained by competent plumbers. The amendments concern the following: plumbing work that could subject a master plumber to disciplinary action by the Board; establishment of 16 years of age for apprentice registration; plumbing inspector eligibility criteria; timelines, procedures, and fees for renewal of current licenses and expired licenses; the Board's privileges (e.g., requirements for licensees' examinations) and individual's privileges (e.g., hearings before the Board) regarding reprimands, suspensions, and revocations of licenses; plumbing work exempted [but subject to local ordinances] from performance by a licensed plumber; licensing of individuals with criminal backgrounds; procedures regarding initial licensing and renewal for individuals who have defaulted on Guaranteed Student Loans and their rights to hearings before the Board. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 6243-101, which provide the Board with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License Law. 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 8, 1993. TRD-9326822 Gilbert Kissling Administrator Texas State Board of Plumbing Examiners Effective date: August 25, 1993 Proposal publication date: June 18, 1993 For further information, please call: (512) 458-2145 Chapter 367. Enforcement General Provisions 22 TAC sec.sec.367.1-367.5 The Texas State Board of Plumbing Examiners adopts the repeal of sec.sec.367. 1-367.5, concerning General Provisions, without changes to the proposed text as published in the June 18, 1993, issue of the Texas Register (18 TexReg 4012). The adoption of the repeals is justified because the health and safety of Texas citizens will be enhanced by ensuring each person has access to clean water and clean air through quality plumbing installed and maintained by competent plumbers. The repeals are replaced by new sec.sec.367.1-367.7, which provides authority for Board field personnel and local plumbing inspectors jointly or individually to enforce compliance with Plumbing License law; authority for field personnel to issue citations; display of plumbing license; accuracy of bids; violations that could precipitate disciplinary action by the Board; penalty fees; requirement that a plumbing company employ at least one master plumber to contract for plumbing work. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 6243-101, which provide the Board with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License Law. 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 8, 1993. TRD-9326823 Gilbert Kissling Administrator Texas State Board of Plumbing Examiners Effective date: August 25, 1993 Proposal publication date: June 18, 1993 For further information, please call: (512) 458-2145 22 TAC sec.sec.367.1-367.7 The Texas State Board of Plumbing Examiners adopts new sec.sec.367.1-367.7, concerning General Provisions, without changes to the proposed text as published in the June 18, 1993, issue of the Texas Register (18 TexReg 4012). The adoption of the new rules is justified because the health and safety of Texas citizens will be enhanced by ensuring each person has access to clean water and clean air through quality plumbing installed and maintained by competent plumbers. The new sections replace the repeal of sec.sec.367.1-367.5. The new rules provide authority for Board field personnel and local plumbing inspectors jointly or individually to enforce compliance with Plumbing License law; authority for field personnel to issue citations; display of plumbing license; accuracy of bids; violations that could precipitate disciplinary actions by the Board; penalty fees; requirement that a plumbing company employ at least one master plumber to contract for plumbing work. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 6243-101, which provide the Board with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License Law. 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 8, 1993. TRD-9326821 Gilbert Kissling Administrator Texas State Board of Plumbing Examiners Effective date: August 25, 1993 Proposal publication date: June 18, 1993 For further information, please call: (512) 458-2145 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part VI. Texas Department of Criminal Justice Chapter 163. Community Justice Assistance Division Rules Subchapter C. Programs and Services 37 TAC sec.163.45 The Texas Board of Criminal Justice adopts new sec.163.45, with changes to the proposed text as published in the June 11, 1993, issue of the Texas Register (18 TexReg 3672). The allocation formula is designed to fairly and equitably allocate community corrections program (CCP) funding to each community supervision and corrections department (CSCD) in accordance with the Texas Government Code, sec.499.071 and the Texas Code of Criminal Procedure, Article 42.13, sec.10(a)(3) , as amended by Senate Bill 532, Acts of the 73rd Legislature, 1993. The adopted formula allocates to each CSCD a pro rata share of available CCP funding. The Department of Criminal Justice received written comments on the proposed rule from seven individuals. Comments from two of the individuals were for the proposed rule and five were against. Four of the comments against the proposed rule expressed concern over decreases in funding for urban CSCDs. One of the comments against expressed concern that the formula was not based on misdemeanants as well as felons. Recommendations included a heavier weight for the population variable; heavier weights for the total and violent index crime variables; the inclusion of misdemeanor probationers in the discretionary probation supervision variable; a limitation on decreases in funding between fiscal years of $100,000 maximum; and continued use of the prison admissions allocation formula for the allocation of CCP funds. Those commenting against the adoption of the rule were: James Allison, General Counsel, County Judges and Commissioners Association of Texas; and Dan Beto, Director, Walker Co. CSCD. Those commenting against the adoption of the rule were: Bill Aleshire, Travis County Judge; Stephen Enders, Director, El Paso Co. CSCD; Ron Goethals, Director, Dallas Co. CSCD; Jon Lindsay, Harris County Judge; and Chris Semos, Chairman, Conference of Urban Counties. No changes to the proposed rules were adopted as a result of the public comments submitted. The felony probation supervision variable serves as a direct measure of community corrections' workload and efforts. It provides an incentive and support structure for counties that utilize community corrections programs. It is measured uniformly in urban and rural counties. Limiting the probation supervision variable to felons is consistent with the statutory variables for the allocation formula and efforts to focus limited resources on areas with the greatest need. The proposed formula represents a gradual transition from the previous formula by placing only a 35% weight on the probation supervision variable and incorporating percentage change limits. One change was made due to a change in the underlying statute. Based on Senate Bill 532, Article 2, sec.2.01, the reference to Article 42.13, sec.11(a) (3) in sec.163.45(e) of the proposed rule has been changed to Article 42.13, sec.10(a)(3). The rules are adopted by the Texas Board of Criminal Justice pursuant to the Texas Government Code sec.499.071 and the Texas Code of Criminal Procedure, Article 42.13, sec.10(a)(3) as amended by Senate Bill 532, Acts of the 73rd Legislature, 1993. sec.163.45. Allocation Formula for Community Corrections Program. (a) Purpose. The Texas Government Code, sec.499.071(b) requires the Texas Board of Criminal Justice (TBCJ) to adopt and enforce an allocation formula to fairly and equitably allocate community corrections funding to each community supervision and corrections department (CSCD). The statute further requires the TBCJ to use all of the factors listed in the Texas Government Code, sec.499.071(a) in the funding formula, while giving the TBCJ discretion to add other factors, and to assign weights to each of the statutory and discretionary factors. (b) Statutory formula factors. In creating the allocation formula for Community Corrections Program funding, the board is required to consider and weigh each of the following factors: (1) the percentage of prison admissions for the entire state that were allocated to the county in the preceding 12 months; (2) the percentage of the state's violent index crime that occurred in the county in the preceding 12 months; (3) the percentage of the state's total index crime that occurred in the county in the preceding 12 months; (4) the percentage of the state's total arrests under the Texas Controlled Substances Act, the Health and Safety Code, Chapter 481, that occurred in the county or counties in the preceding 12 months; (5) the percentage of the state's population residing in the county or counties; (6) the percentage of the state's total unemployment in the county or counties; and (7) the percentage of all defendants serving sentences for felonies who were paroled from the institutional division, a jail in this state, or a jail or correctional institution in another state in the preceding 12 months and who were released to reside in the county or counties. (c) Discretionary factors. The board has discretion to add other factors which are not mandated by the legislature. In the exercise of that discretion, the board adds as a factor the county's percentage of all felony probationers under direct supervision in the state during the preceding 12 months. (d) Factor weights. The board assigns the following weight to each statutory and discretionary factor. STATUTORY FACTORS (1) sec.163.45(b)(1)-(historical admissions) 10. (2) sec.163.45(b)(2)-(violent index crime) 10. (3) sec.163.45(b)(3)-(total index crime) 15. (4) sec.163.45(b) (4)-(drug crime arrests) 10. (5) sec.163.45(b)(5)-(population) 10. (6) sec.163.45(b)(6)-(unemployment) 5. (7) sec.163.45(b)(7) -(parole releases) 5. DISCRETIONARY FACTORS (8) sec.163.45(c)-(probation supervision) 35. TOTAL 100 (e) These weighted statutory and discretionary factors shall be applied to determine the percentage of total funds appropriated by the Legislature for distribution to each county pursuant to the provisions of the current appropriations bill and the provisions of the Texas Code of Criminal Procedure Article 42.13, sec.10(a)(3). No CSCD may obtain a funding increase of more than 17% in any fiscal year as a result of this formula amendment. Nor may any CSCD suffer a funding cut of more than 8.0% in any fiscal year as a result of this formula amendment. Eligibility for participation in such funding shall be contingent upon a county's compliance with other rules of the Department as published Chapter 163 of this title (relating to Standards). 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 Huntsville, Texas, on August 4, 1993. TRD-9326955 Cynthia Milne General Counsel Texas Department of Criminal Justice Effective date: September 1, 1993 Proposal publication date: June 11, 1993 For further information, please call: (409) 294-2140 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 29. Purchased Health Services Subchapter BB, Coordinated Care 40 TAC sec.29.2701 The Texas Department of Human Services (DHS) adopts new sec.29.2701 concerning DHS's Coordinated Care Pilot Project, in its Purchased Health Services rule chapter. The section is adopted without changes to the proposed text as published in the June 29, 1993, issue of the Texas Register (18 TexReg 4233). The justification for the rule is to comply with the Human Resources Code, sec.32.041, which was adopted by the 72nd Texas Legislature in 1991. This legislation mandates that DHS develop an innovative and cost effective approach for delivery of health care services to Medicaid clients. In response to the adoption of sec.32.041, DHS developed the LoneSTAR (State of Texas Access Reform) Health Initiative. New sec.29.2701 states the objectives of this initiative, which will be tested in a pilot project in Travis county beginning August 1, 1993, and in Chambers, Jefferson, and Galveston counties beginning December 1, 1993. The pilot test will conclude in 1995. The new rule will function by improving quality of health care coverage to eligible individuals without increasing overall health-care expenditures in the Texas Medicaid Program. No comments were received regarding the adoption of the proposal. The new rule is adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs, and sec.32.041, which provides the department with the authority to conduct a Medicaid Managed Care Demonstration Project, 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 August 4, 1993. TRD-9326814 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: August 31, 1993 Proposal publication date: June 29, 1993 For further information, please call: (512) 450-3765