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 16. ECONOMIC REGULATION Part VIII. Texas Racing Commission Chapter 321. Pari-mutuel Wagering Subchapter C. Simulcast Wagering Simulcasting at Horse Racetracks 16 TAC sec.321.231 (Editor's Note: The Texas Racing Commission inadvertently adopted an amendment to sec.321.231 in the August 13, 1993, issue of the Texas Register, without changes to the text. The following adoption for sec.321.231 replaces and supersedes the previous adoption. The effective date will remain September 1, 1993.) The Texas Racing Commission adopts an amendment to sec.321.231, concerning approval of wagering on simulcast races, with changes to the proposed text as published in the June 25, 1993, issue of the Texas Register (18 TexReg 4176). This adoption reinserts language relating to the deadline for making payment of simulcasting fees that was inadvertently omitted from the proposal but was not intended to be deleted permanently. This adoption replaces and supersedes the adoption for this section filed on August 4, 1993, which was published in the August 13, 1993, issue of the Texas Register. 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 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.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. sec.321.231. Simulcasting Fee. As a part of its annual fee, a horse racing association shall pay a daily charge for each date on which the horse racing association conducts wagering on a simulcast race. The daily charge required under this section is in addition to the daily charge for a live race date that may be required under sec.305.71 of this title (relating to Horse Racetrack Fees). Each daily charge is due and payable to the commission not later than 10:00 a.m. on the next banking day after each day the association conducts wagering on a simulcast race. The daily charge is: (1) $100 for each date during a live race meeting on which a simulcast race is received; and (2) $250 for each date during a simulcast race meeting on which a simulcast race is received. 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 10, 1993. TRD-9327056 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 X. Texas Funeral Service Commission Chapter 203. Licensing and Enforcement-Specific Substantive Rules 22 TAC sec.203.27 The Texas Funeral Service Commission adopts new sec.203.27, without changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4439). The new rules requires all licensees to participate in continuing education as a condition for renewal of license(s). The new rule will ensure that all licensees maintain and improve upon their professional skill by participating in continuing education as a condition for license renewal. There were no comments received regarding the adoption of the rule. The new section is adopted under Texas Civil Statutes, Article 4582b, sec.5, which provide the Texas Funeral Service Commission with the authority to promulgate rules and regulations. 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-9327058 Larry A. Farrow Executive Director Texas Funeral Service Commission Effective date: August 31, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 834-9992 Part XII. Board of Vocational Nurse Examiners Chapter 231. Administration Definitions 22 TAC sec.231.1 The Board of Vocational Nurse Examiners adopts an amendment to sec.231.1, concerning Definitions, without changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4273). The amendment is adopted to offer definitions for Peer Review and Sponsorship as they are used throughout the rules and regulations. No comments were received concerning the adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the 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 August 9, 1993 TRD-9327093 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 835-2071 General Practice and Procedure 22 TAC sec.sec.231.12, 231.16, 231.22, 231.26, 231.27, 231.32, 231.34, 231.36, 231.40, 231.41, 231.46 The Board of Vocational Nurse Examiners adopts amendments to sec.sec.231.12, 231.16, 231.22, 231.26, 231.27, 231.32, 231.34, 231.36, 231.40, 231.41, and 231.46, concerning General Practice and Procedure, without changes to the proposed text as published in the July 6, 1993, issue of the Texas Register (18 TexReg 4375). The adoption of the rules complies with the revised statute which governs vocational nurses. This revised statute will be effective September 1, 1993. No comments were received concerning the adoption of the amendments The amendment are adopted under Texas Civil Statutes, Article 4528c, sec.5(g) , which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the 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 August 9, 1993. TRD-9327094 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 835-2071 Chapter 233. Education Definitions 22 TAC sec.233.1 The Board of Vocational Nurse Examiners adopts an amendment to sec.233.1, concerning Definitions, without changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4274). The amendment is to clarify the terminology and definition of Major or Required Clinical Areas and Total Patient Care Assignment. No comments were received concerning the adoption of this rule. The rule is adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the 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 August 9, 1993 TRD-9327095 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 835-2071 Chapter 233. Education Operation of a Vocational Nursing Program 22 TAC sec.sec.233.15, 233.17, 233.22 The Board of Vocational Nurse Examiners adopts amendments to sec.sec.233.15, 233.17, and 233.22, concerning Operation of a Vocational Nursing Program, without changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4274). The amendments are adopted to clarify language and to comply with revisions of the new Vocational Nurse Act effective September 1, 1993. No comments were received concerning the adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the 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 August 9, 1993. TRD-9327096 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 835-2071 Approval of Programs 22 TAC sec.233.42, sec.233.43 The Board of Vocational Nurse Examiners adopts amendments to sec.233.42, and sec.233.43, concerning Approval of Programs, without changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4275). The amendments are adopted to comply with changes in the Vocational Nurse Act effective September 1, 1993 and to make a grammatical correction. No comments were received concerning the adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the 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 August 9, 1993. TRD-9327097 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 835-2071 Vocational Nursing Education Standards 22 TAC sec.sec.233.51, 233.60, 233.67, 233.72 The Board of Vocational Nurse Examiners adopts amendments to sec.sec.233.51, 233.60, 233.67, and 233.72, concerning Vocational Nursing Education Standards, without changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4275). The amendments clarify and correct redundant language. No comments were received concerning the adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the 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 August 9, 1993. TRD-9327098 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 835-2071 Chapter 235. Licensing Issuance of Licenses 22 TAC sec.sec.235.41, 235.44, 235.45, 235.47 The Board of Vocational Nurse Examiners adopts amendments to sec.sec.235.41, 235.44, 235.45, and 235.47, concerning Issuance of Licenses, without changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4276). The amendments are adopted to comply with revisions in the Vocational Nurse Act effective September 1, 1993. No comments were received concerning the adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the 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 August 9, 1993. TRD-9327099 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 835-2071 Chapter 237. Continuing Education Definitions 22 TAC sec.237.1 The Board of Vocational Nurse Examiners adopts an amendment to sec.237.1, concerning Definitions, without changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4276). The amendment is adopted to allow for additional definitions and for clarification. No comments were received concerning the adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the 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 August 9, 1993. TRD-9327100 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 835-2071 Continuing Education 22 TAC sec.sec.237.14-237.16, 237.18, 237.19, 237.22 The Board of Vocational Nurse Examiners adopts amendments to sec.sec.237. 14- 237.16, 237.18, 237.19, and 237.22, concerning Continuing Education, without changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4277). The rules are adopted for clarification and to comply with revisions of the Vocational Nurse Act effective September 1, 1993. No comments were received concerning the adoption of the rules. The amendments are adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the 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 August 10, 1993. TRD-9327101 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 835-2071 Chapter 239. Contested Case Procedure Enforcement 22 TAC sec.239.11 The Board of Vocational Nurse Examiners adopts the repeal of sec.239.11, concerning Unprofessional Conduct, without changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4279). The repeal was adopted in order to adopt a new rule which complies with the revisions of the Vocational Nurse effective September 1, 1993. No comments were received concerning the repeal of the rule. The repeal is adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the 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 22, 1993. TRD-9327102 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 835-2071 22 TAC sec.239.11, sec.239.17 The Board of Vocational Nurse Examiners adopts new sec.239.11 and sec.239. 17, concerning Unprofessional Conduct and Complaint Investigation and Disposition, without change to the text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4280). The new rules are adopted to comply with the revisions of the Vocational Nurse Act effective September 1, 1993. No comments were received concerning the adoption of the rules. The new rules are adopted under Texas Civil Statutes, Article 4528c, Section 5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the 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 August 10, 1993. TRD-9327103 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 835-2071 Hearing Process 22 TAC sec.239.33 The Board of Vocational Nurse Examiners adopts an amendment to sec.239.33, concerning Release of Information, without changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4282). The new rule is adopted to include the information that the investigations division can release to the nurse being investigated and/or their attorney or the public. No comments were received concerning the adoption of the rules. The amendment is adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the 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 August 10, 1993. TRD-9327104 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 835-2071 Reinstatement Process 22 TAC sec.239.53, sec.239.55 The Board of Vocational Nurse Examiners adopts amendments to sec.239.53, and sec.239.55, concerning Reinstatement Process, without changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4282). The new rules are adopted to comply with revisions of the Vocational Nurse Act effective September 1, 1993. No comments were received concerning the repeal of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the 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 August 10, 1993. TRD-9327105 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 835-2071 Chapter 241. Vocational Nurse Peer Review Vocational Nurse Peer Review 22 TAC sec.241.11 The Board of Vocational Nurse Examiners adopts new sec.241.11, concerning Vocation Nurse Peer Review, without changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4282). The new rule defines the peer review process which will be implemented for vocational nurses September 1, 1993. On comment was received relative to the adoption of the rule. The comment was generally in favor of the rule, but suggested that perhaps the definition of reportable conduct could be amended to read the same as the Board of Nurse Examiners rule. After further review with the Assistant Attorney General Representative for our agency, the rule was adopted as published. The new section is adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the 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 August 10, 1993. TRD-9327106 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 835-2071 Chapter 243. Vocational Nurse Reporting Vocational Nurse Reporting 22 TAC sec.243.11 The Board of Vocational Nurse Examiners adopts new sec.243.11, concerning Vocational Nurse Reporting, without changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4284). The new section defines the process for reporting nurses who are in violation of the Violation Nurse Act. No comments were received concerning the adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the 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 August 10, 1993. TRD-9327107 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 835-2071 Part XXI. Texas State Board of Examiners of Psychologists Chapter 473. Fees. Examination Fees (Not Refundable) 22 TAC sec.473.2 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.473.2, concerning Examination Fees (Not Refundable), without changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4446). The section is necessary to ensure that the Board has an adequate cash balance to carry out the mandates of the Psychologists' The section will allow the Board sufficient monies to pay for the examination to the Professional Examiner Service as the Board contracts for the use of the Examination for the Professional Practice of Psychology. No comments were received regarding the adoption of the amendment. The amendment is adopted under the Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. 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 10, 1993. TRD-9327052 Rebecca E. Forkner Acting Executive Director Texas State Board of Examiners of Psychologists Effective date: August 31, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 835-2036 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Parks and Wildlife Department Chapter 65. Wildlife Subchapter H. Type I. Wildlife Management Areas, Hunting and Fishing 31 TAC sec.sec.65.190-65.197 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing held May 20, 1993, repealed existing sec. sec.65.190-65.197 concerning the Type I Wildlife Management Area Hunting and Fishing Proclamation as published in the April 20, 1993, issue of the Texas Register (18 TexReg 2523). The repeals serve to remove existing rules and allow the adoption of new rules to more effectively administer the consolidated public hunting program. The repeals remove existing rules and allow the adoption of new rules to more effectively administer the consolidated public hunting program. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Parks and Wildlife Code, Chapter 81, Subchapter E, which provides the Texas Parks and Wildlife Commission with authority to regulate seasons, numbers, means, methods, and conditions for taking wildlife resources on wildlife management areas; with respect to designated state parks, the Commission is acting under the authority of the Texas Parks and Wildlife Code, Chapter 12, Subchapter A, which provides that a tract of land purchased primarily for a purpose authorized by the code may be used for any authorized function of the Department if the Commission determines that multiple use is the best utilization of the land's resources, and Chapter 62, Subchapter D, which provides authority as sound biological management practices warrant to prescribe seasons, number, size, kind, and sex and the means and method of taking any wildlife. 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 10, 1993. TRD-9327046 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: September 1, 1993 Proposal publication date: April 20, 1993 For further information, please call: 1 (800) 792-1112, Ext. 4433 or (512) 389- 4433 31 TAC sec.sec.65.190-65.198 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing held May 20, 1993, repealed existing sec. sec.65.190-65.197 and sec.sec.65. 701-65.707 and adopted new sec.sec.65.190-65.198, concerning the Public Hunting Lands Hunting and Fishing Proclamation, with changes to the proposed text as published in the April 20, 1993 issue of the Texas Register (18 TexReg 2524). The changes include the following: Section 65.191 was amended to clarify definitions for "baiting" and "slug." Section 65.192(a)(1) was amended to clarify camping restrictions on U.S. Forest Service lands. Section 65.192(a)(5) was amended to provide for the use of an all terrain vehicle (ATV) on certain portions of U.S. Forest Service lands. Section 65.192(a)(19) was amended to have terminology for "recorded or electric calling devices" conform to that in the Statewide Hunting and Fishing Proclamation. Section 65.192(a)(21) was amended to provide for the use or possession of a horse, mule, burro, or any type of riding stock or pack animal on U.S. Forest Service lands. Section 65.192(a)(22)(K) was added to provide restrictions on target shooting on U.S. Forest Service lands. Section 65.192(a)(24)(A) was amended to add an exemption to the prohibition of the use of dogs to take exotic mammals. Section 65.192(a)(24)(D) was added to provide for the use of dogs to take feral hogs during a specified period on the Sam Houston National Forest Wildlife Management Area. Section 65.192(a)(28)(B) was amended to further restrict the period of time for blind placement on U.S. Forest Service lands. Section 65.192(b)(2)(D) was amended to clarify that "attachments" are attachments to the special permit. Section 65.192(b)(4) was amended for purposes of uniformity to delete the words "Special Regulations" in the heading. Section 65.193(a) was amended to clarify that it is unlawful to take wildlife resources by means and methods not prescribed in these rules. Section 65.193(q)(1)(A) was amended to extend the deer archery season on Alazon Bayou Wildlife Management Area. Section 65.193(q)(8)(K), (9)(P)(iii), (29)(N)(i), (34)(L)(ii), and (36)(K) were amended to clarify firearm restrictions for taking deer during the general season. Section 65.193(q)(37)(B) was amended to provide a general season for exotic mammals on Units 902 and 903. Section 65.193(q)(37)(H) was amended to clarify permit requirements for fishing on Units 902 and 903. Section 65.193(q)(38)(B) was amended to provide a general season for exotic mammals on Units 615, 630, 904, and 905. Section 65.193(q)(38)(H) was amended to clarify permit requirements for fishing on Units 904 and 905. Section 65.193(q)(38)(I) was amended to provide for the use of dogs to take hogs during a specified period on the Sam Houston National Forest Wildlife Management Area. Section 65.193(q)(39)(H) was amended to clarify permit requirements for fishing on the Caddo Wildlife Management Area. The new rules serve to consolidate and simplify regulations, clarify rules, and provide increased public use opportunity while addressing resource management concerns and improving cost effectiveness of the public hunting lands program. The new rules provide for harvest of wildlife resources consistent with recognized wildlife management tenets. No public comments were received concerning the proposed new rules as published in the Texas Register . Susan Peterson of the Texas Committee on Natural Resources testified in support of public hunts on state parks for management purposes. The organization supported the addition of the Sam Houston National Forest to the public hunting program, but opposed management of habitats solely for the benefit of game species. She stated that there was a need to better inform the public of scheduled meetings and park closure dates. Larry Bonner of the U.S. Forest Service asked the Commission to allow the use of dogs to hunt feral hogs on the Sam Houston National Forest Wildlife Management Area during the period of January 15 through March 15. He stated that this practice is presently permitted year-round and that there was considerable public interest in allowing this practice to continue in a manner which did not conflict with deer hunting activities. The Texas Parks and Wildlife Commission generally agreed with the comments as they reasonably promoted sound management and appropriate public use of wildlife resources. The Commission agreed to allow the use of dogs to hunt feral hogs on the Sam Houston National Forest Wildlife Management Area during the period January 15-March 15 on a trial basis to see if enforcement problems result. The new rules are adopted under the Texas Parks and Wildlife Code, Chapter 81, Subchapter E, which provides the Texas Parks and Wildlife Commission with authority to regulate seasons, numbers, means, methods, and conditions for taking wildlife resources on wildlife management areas; with respect to designated state parks, the Commission is acting under the authority of the Texas Parks and Wildlife Code, Chapter 12, Subchapter A, which provides that a tract of land purchased primarily for a purpose authorized by the code may be used for any authorized function of the Department if the Commission determines that multiple use is the best utilization of the land's resources, and Chapter 62, Subchapter D, which provides authority as sound biological management practices warrant to prescribe seasons, number, size, kind, and sex and the means and method of taking any wildlife. sec.65.190. Application. (a) This subchapter applies to the entering, hunting, and taking of wildlife resources and other activities under Commission regulations established for land designated by the Department by boundary markers as public hunting areas. Public hunting areas are acquired by lease, management agreements, and purchase. Records of such acquisition are on file at the Department's central repository. The Executive Directory is authorized by the Parks and Wildlife Commission to execute lease and management agreements for public hunting lands. (b) On U.S. Forest Service Lands and Units 902 and 903 in Jasper, Sabine, and San Augustine Counties, designated as public hunting lands, persons other than hunters are exempt from these rules. (c) On U.S. Army Corps of Engineer Lands designated as public hunting lands, persons other than hunters are exempt from requirements for an access permit. (d) The provisions of this subchapter apply to all of the wildlife resources in the following areas, except as restricted herein and contingent upon execution of required agreements for leased lands: (1) Alazan Bayou Wildlife Management Area in Nacogdoches County; (2) Aquilla Wildlife Management Area in Hill County; (3) Atkinson Island Wildlife Management Area in Harris County; (4) Black Gap Wildlife Management Area in Brewster County; (5) Candy Abshier Wildlife Management Area in Chambers County; (6) Cedar Creek Islands Wildlife Management Area: (A) Big Island Unit in Kaufman County; (B) Bird Island Unit in Henderson County; and (C) Telfair Island Unit in Henderson County. (7) Chaparral Wildlife Management Area in Dimmit and LaSalle counties; (8) Cooper Wildlife Management Area in Delta and Hopkins counties; (9) Dam B Unit (includes Angelina-Neches Scientific Area) in Jasper and Tyler counties; (10) Designated Units of the Las Palomas Wildlife Management Area: (A) Adams Unit in Hidalgo County; (B) Anacua Unit in Cameron County; and (C) Baird Unit in Hidalgo County. (D) Brasil Unit in Cameron County; (E) Carricitos Unit in Cameron County; (F) Champion Unit in Hidalgo County; (G) Frederick Unit in Willacy County; (H) Kiskadee Unit in Hidalgo County; (I) Kelly Unit in Hidalgo County; (J) La Grulla Unit in Starr County; (K) Longoria Unit in Cameron County; (L) Mac Whorter Unit in Hidalgo County; (M) McManus Unit in Hidalgo County; (N) Ocotillo Unit in Presidio County; (O) Penitas Unit in Hidalgo County; (P) Prieta Unit in Starr County; (Q) Taormina Unit in Hidalgo County; (R) Tucker De-Shazo Unit in Cameron County; and (S) Voshell Unit in Cameron County. (11) Designated Units of the Playa Lakes Wildlife Management Area: (A) Dimmit Playa Unit in Castro County; and (B) Taylor Lakes Unit in Donley County. (12) Designated Units of the State Park System of Texas approved by the Commission as having met the following criteria: (A) The population level of a species, as determined by scientific investigations, could pose a threat to its own welfare, other wildlife resources or habitat conditions; (B) The regulated harvest of selected species can be achieved with maximum consideration for public safety; and (C) The regulated harvest of selected species will not significantly impact unique features of the area or conventional state park use. (13) Elephant Mountain Wildlife Management Area in Brewster County; (14) Gene Howe Wildlife Management Area in Hemphill County; (15) Granger Wildlife Management Unit in Williamson County; (16) Guadalupe Delta Wildlife Management Area in Calhoun County; (17) Gus Engeling Wildlife Management Area in Anderson County; (18) James E. Daughtrey Wildlife Management Area in Live Oak and McMullen counties; (19) J. D. Murphree Wildlife Management Area in Jefferson County; (20) Keechi Creek Wildlife Management Area in Leon County; (21) Kerr Wildlife Management Area in Kerr County; (22) Lands within a Desert Bighorn Sheep Cooperative Unit for the hunting of desert bighorn sheep only; (23) Lower Neches Wildlife Management Area in Orange County; (24) Mad Island Wildlife Management Area in Matagorda County; (25) Matador Wildlife Management Area in Cottle County; (26) Matagorda Island Wildlife Management Area in Calhoun County; (27) M. O. Neasloney Wildlife Management Area in Gonzales County; (28) Old Tunnel Wildlife Management Area in Kendall County; (29) Pat Mayse Wildlife Management Unit in Lamar County; (30) Peach Point Wildlife Management Area in Brazoria County; (31) Richland Creek Wildlife Management Area in Freestone and Navarro counties; (32) Sheldon Wildlife Management Area in Harris County; (33) Sierra Diablo Wildlife Management Area in Culberson and Hudspeth counties; (34) Somerville Wildlife Management Area in Burleson and Lee counties; (35) Walter Buck Wildlife Management Area in Kimble County; (36) White Oak Creek Wildlife Management Area in Bowie, Cass, Morris, and Titus counties; (37) Numbered Units of Public Hunting Lands: (A) Unit 102 in Sabine County; (B) Unit 103 in Sabine County; (C) Unit 104 in Sabine and San Augustine counties; (D) Unit 106 in San Augustine County; (E) Unit 108 in Angelina County; (F) Unit 109 in Hardin County; (G) Unit 112 in Hardin County; (H) Unit 113 in Rusk and Nacogdoches counties; (I) Unit 114 in Trinity County; (J) Unit 115 in Trinity County; (K) Unit 116 in Houston County; (L) Unit 117 in Houston County; (M) Unit 119 in Cherokee County; (N) Unit 120 in Anderson and Cherokee counties; (O) Unit 121 in Houston County; (P) Unit 122 in Newton County; (Q) Unit 125 in Jasper County; (R) Unit 129 in Jasper and Orange counties; (S) Unit 130 in Tyler County; (T) Unit 133 in Jasper County; (U) Unit 134 in Tyler County; (V) Unit 135 in Anderson County; (W) Unit 136 in San Augustine and Sabine counties; (X) Unit 137 in San Augustine and Sabine counties; (Y) Unit 142 in San Augustine County; (Z) Unit 143 in Newton County; (AA) Unit 144 in Newton County; (BB) Unit 145 in Liberty County; (CC) Unit 146 in Angelina County; (DD) Unit 147 in Nacogdoches County; (EE) Unit 150 in Panola County; (FF) Unit 151 in Panola County; (GG) Unit 152 in Sabine County; (HH) Unit 154 in San Augustine County; (II) Unit 155 in Sabine County; (JJ) Unit 156 in Shelby County; (KK) Unit 157 in Shelby County; (LL) Unit 158 in Hardin County; (MM) Unit 159 in Sabine County; (NN) Unit 160 in Jasper and Newton counties; (OO) Unit 203 in Hardin County; (PP) Unit 204 in Hardin County; (QQ) Unit 210 in Newton County; (RR) Unit 211 in Newton and Jasper counties; (SS) Unit 213 in Newton and Jasper counties; (TT) Unit 217 in Montgomery and Liberty counties; (UU) Unit 218 in Hardin County; (VV) Unit 222 in Newton County; (WW) Unit 223 in Jasper County; (XX) Unit 224 in Shelby County; (YY) Unit 301 in Newton County; (ZZ) Unit 501 (Lake Ray Roberts Wildlife Management Area) in Cooke, Denton, and Grayson counties; (AAA) Unit 607 in Robertson County; (BBB) Unit 608 (Wall Tract) in Dallam County; (CCC) Unit 615 (North Toledo Bend Wildlife Management Area) in Shelby County; (DDD) Unit 616 in Orange County; (EEE) Unit 617 (Cleavinger Tract) in Castro County; (FFF) Unit 630 in Panola and Shelby counties; (GGG) Unit 801 in Shelby County; (HHH) Unit 803 in Bowie County; (III) Unit 901 (Caddo Wildlife Management Area) in Fannin County; (JJJ) Unit 902 (Moore Plantation Wildlife Management Area) in Sabine and Jasper counties; (KKK) Unit 903 (Bannister Wildlife Management Area) in San Augustine County; (LLL) Unit 904 (Alabama Creek Wildlife Management Area) in Trinity County; and (MMM) Unit 905 (Sam Houston National Forest) in Montgomery, San Jacinto, and Walker counties. sec.65.191. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: Adult-A person 17 years of age or older. All-terrain vehicle (ATV)-Any motor vehicle having a saddle, three or four tires, designed for off-highway use, and not designed for farming or lawn care. Annual public hunting permit-A $35 Public Hunting Lands Permit, valid from September 1 or issuance date, whichever is later, through the following August 31, issued to an individual to allow the hunting and taking of specific wildlife resources during designated periods of time from designated public hunting lands. The fee for a regular permit is waived for the holder of the annual public hunting permit. Antlerless deer -A deer having no hardened antler protruding through the skin. Application fee -A non-refundable fee which may be required to accompany and validate an individual's application for a special permit. Authorized entry/exit location-A location where public entry or exit from an area is authorized and is identified by on-site signing, posted information, departmental literature, or departmental instructions in writing. Authorized supervising adult-A parent or legal guardian of a minor age participant, or an individual 21 years of age or older who possesses written authorization signed by a parent or legal guardian of a minor age participant to assume liability responsibility for the minor age participant. Baiting-The placement of salt, mineral, molasses and other sugar-based products, grain, fruit, nuts, bulbs, tubers, roots, vegetative material, or other food substance used as an attractant for wildlife on public hunting lands. The use of manual calling devices or scent lures simulating animal odors is not considered baiting. Bearded hen-A female turkey possessing a clearly visible beard protruding through the feathers of the breast. Buck deer-A deer having a hardened antler protruding through the skin. Buckshot-Lead pellets ranging in size from .24-inch to . 36-inch in diameter normally loaded in a shotgun. Commission-The Texas Parks and Wildlife Commission. Consumptive user -A person who takes or attempts to take wildlife resources. Daily bag limit -The quantity of a species of wildlife that may be taken in one day. Daylight hours -The period of time from 30 minutes before official sunrise through 30 minutes after official sunset. Department-The Texas Parks and Wildlife Department or a specifically authorized employee of the department. Designated campsite -An area where camping and camping activities are authorized and the location of which is identified by signs, departmental literature, or directives of department personnel. Designated days -Specific days within an established season or period of time as designated by the Executive Director and identified in the current departmental publication, "Hunting Opportunities on Public Hunting Lands." Designated exotic mammal-A species or cross of species of non-indigenous wild mammals identified as the primary target animal for harvest by special permit. Designated road -A constructed roadway indicated as being open to the public by either signs posted to that effect or by current maps and leaflets distributed at the area. Roads closed to the public may additionally be identified by on-site signing, barricades at entrances, or informational literature made available to the public. Designated roads do not include county or state roads or highways. Designated units of the State Park System -Specific units of the State Park System approved by the Commission for application of provisions of this subchapter and identified in the current departmental publication, "Hunting Opportunities on Public Hunting Lands." Disabled person -A paraplegic or a person who has a physician's statement in their immediate possession certifying that they fit the criteria for ambulatory disability as defined in Texas Civil Statutes, Article 6675a-5e.1, referenced in "Application for Disabled Persons-Special Registration Insignia" and whose disability is permanent. Executive Director -The Executive Director of the Texas Parks and Wildlife Department. Exotic mammals -Nonindigenuous feral or wild mammals and includes, but is not limited to, non-native species of deer, antelope, sheep, goats, hogs, European wild boar, or crosses thereof. Furbearing animals -Wild beaver, otter, mink, ring- tailed cat, badger, skunk, raccoon, muskrat, opossum, fox, civet cat, nutria, or weasel. Game animals-Wild deer, wild elk, wild pronghorn antelope, wild desert bighorn sheep, wild gray or cat squirrels, wild fox squirrels or red squirrels, and collared peccary or javelina. Game birds-Wild turkey, wild grouse, wild prairie chickens, wild pheasants of all varieties, wild partridge, wild bobwhite quail, wild scaled quail, wild Mearn's quail, wild Gambel's quail, chachalacas, and migratory game birds. Headwear-A cap, hat, hood, ski mask, visor, bonnet, scarf, headband, or other similar garment or item of apparel worn on or about the head. Hunt-Includes take, kill, pursue, trap, and the attempt to take, kill, pursue, or trap. Immediate supervision -Control of the actions of a person less than 17 years of age (minor) by the authorized supervising adult through the use of verbal instructions in a normal voice level. Limited public use permit-A $10 public use permit, valid from September 1 or issuance date, which ever is later, through the following August 31, issued to an individual to allow access to designated public hunting lands for non- consumptive purposes and as provided on U.S. Forest Service Lands for limited consumptive use concurrent with periods of time that access is provided under the Annual Public Hunting Permit. Limited use zone-An area designated in the current publication, "Hunting Opportunities on Public Hunting Lands," identified by boundary signs, and within which hunting and the use of firearms or archery equipment is prohibited or restricted to specified means and methods or periods of time. Lands within a Desert Bighorn Sheep Cooperative-An aggregation of identified lands for which the concerned landowners have entered into a written agreement with the Texas Parks and Wildlife Department to coordinate efforts to restore and manage desert bighorn sheep and establish an equitable method of allocating permits for the harvest of surplus desert bighorn sheep among the participating landowners and the Department. Loaded firearm -A firearm containing a live round of ammunition within the chamber and/or the magazine, or if muzzleloading, one which has a cap on the nipple or a priming charge in the pan. Migratory game birds-Wild ducks of all species, wild geese and wild brant of all species, wild coot, wild rail, wild gallinules, wild plovers, Wilson's snipe or jack snipe, woodcock, mourning doves, white-winged doves, white-fronted or white-tipped doves, red-billed pigeons, band-tailed pigeons, shore birds of all varieties, and sandhill cranes. Minor age participant -An individual less than 17 years of age. Muzzleloader-A firearm capable of having propellant and projectiles loaded only through the muzzle of the barrel. Non-consumptive activities -Activities which do not involve the taking or attempt to take wildlife resources. Non-migratory game birds-Game birds not listed as migratory game birds. Non-toxic shot -Any shot material which is approved by the federal government as being non-toxic to wildlife or the environment. On-site registration -The requirement for public users to register at designated places upon entry to and exit from specified public hunting lands. Permit-Documentation issued by the Department to an individual authorizing specified access and public use privileges on public hunting lands, and includes special permit, regular permit, annual public hunting permit, limited public use permit, and Texas conservation passport. On-site registration does not constitute a permit. Possession limit -The maximum number of a species of game that may be possessed at one time. Predatory animals -Coyotes, feral house cats, bobcats, and mountain lions. Preference points -An increased chance of selection assigned an application for a special permit due to and progressively enhanced by prior unsuccessful applications within the same hunt category by the concerned individual or party members. Public hunting area-A portion of public hunting lands designated as being open to the activity of hunting, and may include all or only a portion of a certain unit of public hunting land. Public hunting lands-Lands identified in sec.65.190 of this title (relating to Application), on which provisions of this subchapter apply and include wildlife management areas, scientific areas, state parks, state natural areas, state historical sites, state recreational areas and other lands owned or operated by the Texas Parks and Wildlife Department on which provision is made for hunting, fishing, or other outdoor recreational public use. Regular permit -A permit issued to an individual to allow the taking of designated species of wildlife from public hunting lands when such permit is issued on a first-come-first-served basis by department personnel on an area at the time of the hunt. Restricted area -All or portions of public hunting lands listed in sec.65.190, identified by boundary signs as being closed to public entry or use. Sanctuary-All or portions of public hunting lands listed in sec.65.190 and identified by boundary signs as being closed to the hunting of certain specified wildlife resources. Slug-A cylinder, cone, ball, or similarly shaped metallic object designed for being fired as a single projectile by discharge of a shotgun. Special permit -A permit issued to an applicant to allow the taking of designated species of wildlife from public hunting lands when such permit is issued as the result of a computer selection procedure, public drawing, public auction, or as authorized by the Parks and Wildlife Commission for the taking of desert bighorn sheep. Tagging fee-A fee which may be assessed in addition to the special permit fee for the harvest of alligators for commercial sale or prior to the attempted harvest of desert bighorn sheep or designated exotic mammals. The tagging fee is in the amount established by the Parks and Wildlife Commission and is non- refundable. Texas conservation passport-An annual permit, valid for one year from the date of issuance, issued to an individual to allow access to designated areas for participation in scheduled non-consumptive events. Waterfowl-Wild ducks of all species, wild geese and wild brant of all species, and wild coot. Wildlife resources -Game animals, game birds, furbearing animals, alligators, marine mammals, frogs, fish, crayfish, other aquatic life, exotic mammals, predatory animals, rabbits and hares, and other wild fauna. Wounded deer or wounded exotic mammal -A deer or exotic mammal leaving a blood trail. sec.65.192. General Rules and Regulations. (a) The following rules and regulations apply to all public hunting lands unless an exception is provided in the Open Seasons and Special Regulations section for a specific area. (1) It is an offense if a person camps or constructs an open fire anywhere other than in a designated campsite, except on Units 901, 902, 903, 904, and 905, where this restriction only applies during the general deer season. (2) It is an offense for a person to cause, create, or contribute to excessive or disturbing sounds beyond the person's immediate campsite between the hours of 10 p.m. and 6 a.m. (3) It is an offense to not confine motor vehicle use to designated roads, except parking is permitted on the shoulder of or immediately adjacent to designated roads and as provided for a disabled person. (4) It is unlawful to hunt, take, or kill, or attempt to hunt, take, or kill any wildlife resource from a motor vehicle, motor-driven land conveyance, or from any aircraft or airborne device, or possess a loaded firearm in or on the vehicle, except as provided for a disabled person. (5) It is an offense for an individual other than a disabled person to operate an all-terrain vehicle (ATV) on public hunting lands, except on Units 901, 902, 903, 904, and 905, where a person may operate an ATV only on designated ATV trails and designated ATV areas. (6) Disabled persons may hunt from a stationary motor vehicle or motor driven land conveyance provided the hunting by a disabled person is not conducted on a designated road. (7) The disturbance of plants, rocks, artifacts, or other objects or their removal from public hunting lands is prohibited, except as authorized by the department. (8) It is unlawful for any person to not obey posted regulations, fail to comply with instructions on permits or area leaflets, or refuse to follow directives given by departmental personnel in the discharge of official duties as established by Texas Parks and Wildlife Code sec.sec.81.401-81.404. (9) Failure to properly dispose of refuse, litter, trash, or garbage is prohibited. (10) It is an offense for a person to be under the influence of alcohol or consume an alcoholic beverage while engaged in hunting activities, or to publicly consume or display an alcoholic beverage while on public hunting lands. (11) It is an offense if a person within the hunt area fails to visibly wear a minimum of 400 square inches of daylight fluorescent orange material with orange headwear and 144 square inches appearing on both the chest and back when hunting is permitted on public hunting lands, except that persons hunting only the following species are exempt from this requirement: (A) deer, javelina, or feral hog during the archery only seasons; (B) turkey; (C) migratory birds, except as provided in paragraph (12) of this subsection; (D) coyotes or furbearers at night; (E) alligators; and (F) desert bighorn sheep. (12) It is an offense if a person who is hunting mourning dove fails to comply with minimum requirements for visible fluorescent orange material on days when concurrent hunts are held for mourning dove and quail or mourning dove and chachalaca. (13) It is a violation to conduct business concessions such as selling, buying, renting, leasing, or peddling goods, merchandise, or services to the public unless specifically authorized in writing by the Executive Director. (14) It is unlawful to enter public hunting lands with a firearm, bow and arrow, or any other weapon, or to possess a firearm, bow and arrow, or any other weapon on public hunting lands, except persons authorized by the Parks and Wildlife Department to hunt on the areas, or commissioned law enforcement officers and/or department employees in performance of their duties. (15) It is a violation to possess dogs in camp that are not confined or leashed. (16) It is an offense for a person under 17 years of age (minor) to fail to be under the immediate supervision of a duly permitted and authorized supervising adult when hunting on public hunting lands. For a minor who has received hunter education certification, the requirement for immediate supervision is relaxed to the extent that while the minor is engaged in hunting activities, the authorized supervising adult is required to only be present on the public hunting area. (17) It is unlawful for any person or persons to harass, molest, or otherwise interfere with anyone lawfully engaged in hunting or fishing activities on public hunting lands. This subsection does not apply to peace officers of this state, law enforcement officers of the United States, or employees of the department while in the actual discharge of official duties. (18) The use of traps, snares, and deadfalls is an offense, except handheld snares with integral locking mechanism may be used for taking alligator, crab traps may be used for taking crabs, and designated exotic mammals may be taken by means as specified on the special permit. (19) The use of recorded or electric calling devices is prohibited for taking wildlife resources. (20) It is an offense to bait wildlife on public hunting lands, except as provided for taking alligator by special permit or when performed at the direction of the Department as a management tool. (21) It is unlawful to use or possess a horse, mule, burro, or any type of riding stock or pack animal on public hunting lands during any open season for hunting or at any other time, except on Units 901, 902, 903, 904, and 905 or as provided in accordance with scheduled events under the Texas Conservation Passport. (22) Firearms. (A) It is unlawful to take a game bird with a rifle or handgun. (B) It is an offense to use or possess buckshot on public hunting lands. (C) It is unlawful to possess shotgun shells containing slugs or to possess a rifle or handgun while engaged in hunts conducted exclusively for game birds. (D) It is unlawful to use rimfire ammunition or a muzzleloader smaller than .45-inch caliber in taking or shooting deer, exotic mammals, javelina, pronghorn antelope, predatory animals, or alligators. (E) It is an offense if a person hunting waterfowl fails to comply with requirements for use and possession of non-toxic shot only. (F) It is an offense to use or possess a firearm other than a muzzleloading firearm when participating in a hunt designated as being restricted to muzzleloaders only. (G) The possession of a loaded firearm within a designated campsite, vehicle parking area, boat-launching facility, or departmental check station is prohibited. (H) It is an offense to possess a loaded firearm in or on a motor vehicle, except as provided for a disabled person. (I) It is an offense to discharge a firearm from, onto, along, or across a designated road or designated campsite. (J) It is an offense to use or display a firearm or other weapon in an obviously unsafe or threatening manner. (K) The discharge of a firearm for purposes of target shooting in other than designated shooting ranges or designated target practice areas is an offense on Units 901, 902, 903, 904, and 905. (23) Archery. (A) Regulations governing the use of archery equipment for hunting on public hunting lands governed by these rules are as follows: (i) game animals and game birds are as provided in the Statewide Hunting and Fishing Proclamation. (ii) exotic mammals and predatory animals are as provided for hunting all game animals, other than squirrels, in sec.65.15, of this title (relating to Archery). (iii) furbearing animals, rabbits, and hares are as provided for hunting squirrels in sec.65.15 of this title (relating to Archery). (B) It is unlawful to possess a firearm while participating in archery-only hunts conducted under special or regular permit. (C) A shotgun with shells having non-toxic shot or no larger than size #4 lead shot may be possessed when hunting under regular permit or annual public hunting permit during concurrent periods of archery-only hunts and firearms hunts, but it is an offense to use the shotgun to take species for which archery-only hunts are being held (Non-toxic shot requirements for waterfowl remain in effect). (D) It is an offense to discharge a bow and arrow from, onto, along, or across a designated road or designated campsite. (24) Hunting with dogs. (A) It is an offense to use a dog or dogs in hunting, pursuing, or taking deer, exotic mammals, pronghorn antelope, desert bighorn sheep, javelina, or turkey, except as provided in subparagraphs (C) and (D) of this paragraph. (B) It is lawful to use a dog or dogs in hunting squirrel, rabbits and hares, furbearing animals, predatory animals, or game birds other than turkey during the open season prescribed on public hunting lands. (C) It is an offense to use more than two leashed dogs in trailing wounded deer or wounded exotic mammals. (D) It is an offense to use a dog or dogs in hunting, pursuing, or taking feral hogs on the Sam Houston National Forest Wildlife Management Area (Unit 905) other than during the period from January 15-March 15. (25) Falconry. (A) It is an offense to use a falcon to hunt or take migratory game birds except during the seasons provided in these rules and in accordance with the means, methods, and special restrictions as provided in the Early Season Migratory Game Bird Proclamation and the Late Season Migratory Game Bird Proclamation. (B) It is an offense to use a falcon to hunt or take any non-migratory game bird, game animal, or rabbits and hares except during the seasons provided in these rules and in accordance with the means, methods and special restrictions as provided in sec.65.21 of this title (relating to Falconry). (26) Checking game, entering and exiting public hunting lands. (A) When hunting under special or regular permit, it is an offense if a person fails to check in at a public hunt area check station prior to initiation of hunting activities. Unless otherwise authorized in writing by the department, it is an offense if a person hunting under special or regular permit fails to check out at a public hunt area check station and allow inspection of the bag before leaving the area. (B) On areas where on-site registration is required for hunting, fishing, or non-consumptive use, it is an offense if a hunter, fisherman, or non-consumptive user fails to check in at a registration station and properly complete registration procedures before initiation of hunting, fishing, or non- consumptive use activities or fails to properly check out at the registration station before departing the area. (C) It is an offense if a person enters public hunting lands at any location other than an authorized entry location or exits public hunting lands at any location other than an authorized exit location. (D) Access for non-consumptive use and fishing may be temporarily restricted while hunts are being conducted by special or regular permit. (E) It is an offense if a person who does not possess a valid permit enters a public hunt area at a time when access is restricted to only persons possessing a valid permit. (F) It is an offense for a person to enter an area identified by boundary signs as a limited use zone or a sanctuary and fail to obey the restrictions on public use posted at the area. (G) It is an offense for a person to enter an area identified by boundary signs as a restricted area. (H) Employees of the department may remove parts from specimens harvested on public hunting lands for scientific investigation. (27) Tagging of game. (A) It is an offense if a person possesses the carcass of a deer or turkey which does not have attached to it a properly completed valid tag from his or her hunting license. (B) It is an offense if a person removes a deer, exotic mammal, javelina, pronghorn antelope, desert bighorn sheep, turkey, or alligator taken under special or regular permit from a public hunting area without attachment of a special tag issued by the public hunting area. (C) A tagging fee may be assessed for alligators which are to be disposed of commercially, for desert bighorn sheep, and for designated exotic mammals. (28) Construction of blinds. (A) It is an offense to construct permanent blinds, stands, towers, or platforms. (B) The use of temporary blinds, stands, towers, or platforms is permitted only if such structures are not otherwise excluded for the specific activity or area, are not nailed to timber and are not emplaced longer than 72 hours (24 hours maximum on Units 901, 902, 903, 904, and 905). (C) It is an offense for a person to fail to remove all materials used in constructing a temporary blind, stand, tower, or platform upon conclusion of public use activity. (D) It is an offense if a public user places a blind, stand, tower, or platform within 50 yards of any designated road, designated campsite, or public hunting lands boundary. (E) It is an offense for a person to attempt to establish preferential rights to use of a specific location through construction of a temporary blind, stand, tower, or platform. The temporary blind, stand, tower, or platform will be equally available to all public users on a first-come- first-served basis. (b) The following rules and regulations apply to the taking of specific wildlife resources. (1) Deer. (A) Hunt categories include Archery Only, Buck Only, or Either-Sex General, and Antlerless-Only General. (B) Bag and possession limits apply to individual areas within each hunt category. It is a violation if the cumulative bag limit of a person exceeds the number of appropriate carcass tags on the hunting license. (C) Unless otherwise specified for designated areas, the hunting of deer of either sex is legal during the archery-only season. (2) Designated exotic mammals. (A) Certification Option. The department at its option may require that any designated exotic mammal taken must be certified by an authorized representative of the department as a harvestable animal prior to being taken. (B) Tag fees. The tag fee for each permittee selected by means of auction or an impartial drawing is in the amount established by the Parks and Wildlife Commission. The tag fee is payable in advance of the hunt and is non-refundable. (C) Permit issuance. Upon authorization of the Parks and Wildlife Commission, special permits for the harvest of designated exotic mammals may be issued to persons selected by means of auction or an impartial drawing. (D) Means and Methods. The means and methods of taking designated exotic mammals are as specified on the special permit or attachments to the special permit. (E) Bag and Possession Limits. The bag and possession limits for designated exotic mammals are as specified on the special permit. (3) Desert bighorn sheep. (A) Certification. The department at its option may require that any bighorn sheep taken must be certified by an accompanying department wildlife biologist as a harvestable animal prior to the kill. The permit must be possessed while hunting. (B) Legal weapons. Only centerfire rifles designed to shoot a bullet of at least .250-inch in diameter may be used. The firearm must be equipped with a telescopic sight capable of four power magnification or greater. (C) Method of hunting. (i) All hunting shall be on foot or from horseback or mule. (ii) No motorized conveyance or aircraft of any type may be used to hunt, spot, herd, or harass desert bighorn sheep. (iii) No two-way radio communications may be used to assist in the taking of desert bighorn sheep. (D) Tagging. Any bighorn sheep must be tagged within 72 hours after being taken with a permanent tag issued and affixed in the horn by a designated representative of the department. The tag shall remain in the horn throughout the existence of the trophy. (E) Hunter orientation. Each person receiving a bighorn sheep hunting permit is required to attend an orientation conducted by the department prior to the hunt. (F) Tag fees. (i) The tag fee is $300 for each permittee selected by means of a random drawing, payable in advance of the hunt and is non-refundable. (ii) The tag fee is $300 for each permittee selected by membership of a Desert Bighorn Sheep Cooperative Unit, payable in advance of the hunt and is non- refundable. (iii) The tag fee for each permittee selected by means of auction conducted by the Foundation for North American Wild Sheep is in the amount established by the Parks and Wildlife Commission, payable in advance of the hunt and is non- refundable. (G) Permit issuance. (i) Bighorn sheep hunting permits are authorized for issuance to persons selected by random drawing. Only residents of Texas who are 17 years of age or older at the time of the hunt and possesses a valid Texas Resident Hunting License are eligible to participate in the random drawing. (ii) Bighorn sheep hunting permits are authorized for issuance to persons selected by membership of a Desert Bighorn Sheep Cooperative Unit. (iii) Upon authorization of the Parks and Wildlife Commission, bighorn sheep hunting permits may be issued to persons selected by means of an auction conducted by the Foundation for North American Wild Sheep. (4) Predatory animals. It is an offense if a person during hunts by special or regular permit takes any predatory animal other than the specific species listed on the permit. (5) Alligator. (A) Means and methods: as specified on the permit or attachments. (B) Tagging requirements and tag fees. (i) It is an offense if a hunter does not possess a State of Texas alligator hide-tag while engaged in the act of hunting alligators. There is no charge for the state tag and it is available at the area prior to the hunt. The tag must be attached to the alligator immediately after it is taken. (ii) Successful hunters who opt to commercially dispose of their alligator will be assessed an additional tagging fee of $120 for attachment of the U.S. Fish and Wildlife Service alligator hide tag required for lawful sale of the hide. (iii) Successful hunters who do not opt to commercially dispose of their alligator will not be required to obtain the U.S. Fish and Wildlife Service alligator hide-tag or to pay the tagging fee. sec.65.193. Open Seasons, Bag and Possession Limits, and Means and Methods; General Rules. (a) It is unlawful to take wildlife resources at any time other than during the open seasons provided in this subchapter, by means or methods not prescribed in these rules, or to take more than the daily bag limits, or to have in possession more than the possession limits, as provided in this subchapter. (b) Open seasons are given by their opening and closing dates, both days inclusive, and include all days between the opening and closing dates unless otherwise specified. (c) Specific days, times, and compartments for taking wildlife resources within the open seasons, as provided, will be established by the Executive Director in the interest of sound conservation practices. (d) It is an offense to remove a wildlife resource, or any portion thereof, from public hunting lands, except during the specific days and time period provided for taking the specified wildlife resource. A wounded or lost animal must be recovered and taken into possession during the authorized hunt period in order for any portion thereof to be claimed by the hunter. (e) Except for hunting predators and furbearers and fishing, it is an offense to hunt wildlife resources during the hours between one-half hour after sunset and one-half hour before sunrise. (f) The Executive Director may close to public use an area or a portion of an area to protect sensitive sites, or may restrict bag limits, cancel hunts or close the season on specific species in certain areas to avoid depletion of wildlife resources. (g) The Executive Director may designate an area or a portion of an area as a limited-use zone in which hunting and the use of firearms and archery equipment is either prohibited, restricted to specified means and methods, or limited to certain periods of time. (h) The Executive Director may establish additional restrictions on camping consistent with the type of public use activity authorized and the environmental protection of the area. (i) The Executive Director may permit recreational activities on public hunting lands which are compatible with sound resource management practices and public health and safety. (j) Open seasons, shooting hours, means and methods, and bag and possession limits for taking deer, javelina, pronghorn antelope, desert bighorn sheep, squirrel, turkey, pheasant, and quail and fishing when listed as a legal species or activity are as provided for that county by the Statewide Hunting and Fishing Proclamation, except as otherwise specified for a specific area. (k) Open season, shooting hours, and means and methods for taking exotic mammals when listed as a legal species are as provided for taking deer within that county by the Statewide Hunting and Fishing Proclamation, except as otherwise specified for a specific area. Either sex of exotic mammals may be taken and there is no bag or possession limit, except as otherwise established for designated exotic mammals. (l) Open seasons, shooting hours, means, methods, special requirements, and bag and possession limits for taking mourning dove, white-winged dove, rail, gallinule, and teal duck during the Early Teal Season when listed as a legal species are as provided for that locale by the Early Season Migratory Game Bird Proclamation, except as further restricted for a specific area. (m) Open seasons, shooting hours, means, methods, special requirements, and bag and possession limits for taking waterfowl (outside of the early teal season), sandhill crane, woodcock, and snipe when listed as a legal species are as provided for that locale by the Late Season Migratory Game Bird Proclamation, except as further restricted for a specific area. (n) Open seasons, means and methods, and bag and possession limits for taking furbearing animals when listed as a legal species are as provided by the Statewide Furbearing Animal and Trapping Proclamation, except as otherwise specified for a specific area. (o) Open seasons, shooting hours, and means and methods for taking predatory animals when listed as additional legal species on special or regular hunting permits correspond to the open season, shooting hours, and means and methods provided for taking the featured hunt species. Either sex of predatory animal may be taken and there is no bag or possession limit. (p) Open seasons, general rules, license requirements, means and methods, hide tag requirements, and bag limits for taking alligator when listed as a legal species are as provided by the Alligator Proclamation, except as further restricted for a specific area. (q) Open seasons, bag and possession limits, means and methods, and special regulations for legal species and legal activities on specific areas. (1) Alazan Bayou Wildlife Management Area. (A) Deer: Archery-during the periods of October 1-October 31 and from the first Saturday in November through the first Sunday in January; one deer (either sex during October and the first full weekend in November and buck only thereafter) ; by annual public hunting permit. (B) Exotic mammal: Archery-during the period from October 1-February 28; no bag or possession limit; by annual public hunting permit. (C) Squirrel-by annual public hunting permit. (D) Quail-by annual public hunting permit. (E) Mourning doves-by annual public hunting permit. (F) Waterfowl-shooting hours end at noon; by annual public hunting permit. (G) Woodcock-by annual public hunting permit. (H) Gallinules-by annual public hunting permit. (I) Snipe-by annual public hunting permit. (J) Rabbits and hares-to correspond with dates and shooting hours and means and methods designated for game animal, game bird or exotic mammal hunts; no bag or possession limits; by annual public hunting permit. (K) Fishing-during the period from March 1-August 31; by annual public hunting permit. (L) Special regulations-It is an offense to possess a rifle or handgun of greater size than .22-caliber rimfire while hunting during the season designated for squirrel. (2) Aquilla Wildlife Management Area. (A) Deer: Archery-to correspond with hunt dates established by the Statewide Hunting and Fishing Proclamation for taking deer in Hill County during the archery only season and the general season; one deer (buck only); by annual public hunting permit. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods designated for taking deer; no bag or possession limit; by annual public hunting permit. (C) Squirrel-by annual public hunting permit. (D) Turkey-during the spring season established by the Statewide Hunting and Fishing Proclamation for taking turkey in Hill County; one turkey (gobbler only); by annual public hunting permit. (E) Quail-by annual public hunting permit. (F) Mourning dove-by annual public hunting permit. (G) Sandhill crane-by annual public hunting permit. (H) Waterfowl-season closed within that portion of the area designated by signs as a waterfowl sanctuary; by annual public hunting permit. (I) Snipe-by annual public hunting permit. (J) Rabbits and hares-no bag or possession limits; by annual public hunting permit. (K) Fishing-no permit required. (L) Special regulations-It is an offense to use any device other than shotguns with non-toxic shot or no larger than #4 lead shot or bow and arrow for hunting (Non-toxic shot requirements for hunting waterfowl remain in effect). (3) Atkinson Island Wildlife Management Area-Special regulations: (A) It is an offense to take wildlife resources other than fish. (B) It is an offense to park a boat on the area in any place except the nonvegetated beach zone. (C) It is an offense for a person to allow a dog, cat, or any animal to enter the area unleashed and not under the person's physical control. (4) Black Gap Wildlife Management Area. (A) Deer: (i) Archery-on designated days during the period from September 1-January 31; one deer (buck only); by annual public hunting permit. (ii) General-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Javelina: (i) Archery: concurrent seasons-to correspond with dates and shooting hours designated for archery-only deer hunts; one javelina (either sex); by annual public hunting permit. (ii) General-during the period from September 1-March 31; one javelina (either sex); by special permit. (C) Quail-on designated days; by annual public hunting permit. (D) Mourning Dove-on designated days; by annual public hunting permit. (E) Rabbits and hares-to correspond with hunt dates and shooting hours designated for quail and mourning dove; no bag or possession limit; by annual public hunting permit. (F) Fishing-impoundments are closed to fishing. Fishing is permitted in the Rio Grande River year-round, except on days when hunts are being conducted by special permit; annual public hunting permit required, except fishermen who enter and exit the area by boat are not required to possess an annual public hunting permit. Fishermen are required to use Maravillas Canyon and Horse Canyon roads only while going to and from the Rio Grande River. From the point where the Maravillas Canyon Road enters the Rio Grande Valley downstream to the area boundary, a fisherman who does not possess an annual public hunting permit commits an offense if the fisherman does not stay within the area between the road and the river or within 300 yards of the river from the aforementioned point upstream to the area boundary. (G) Special regulations-It is an offense if a public user fails to perform on- site registration at the area headquarters, except fishermen who enter and exit the area by boat are not required to perform on-site registration. (5) Candy Abshier Wildlife Management Area-special regulations: (A) It is an offense to take wildlife resources other than fish. (B) It is an offense to park or operate motor vehicles in an area other than the designated parking area. (C) It is an offense to enter a restricted area, except as authorized in writing by the Department. (D) It is an offense for a person to allow a dog, cat, or any animal to enter the area unleashed and not under the person's physical control. (6) Cedar Creek Islands Wildlife Management Area (Big Island, Bird Island, and Telfair Island Units)-special regulations: (A) It is an offense to take wildlife resources other than fish. (B) It is an offense to enter a restricted zone, except as authorized in writing by the Department. (C) It is an offense to park a boat on the area in any place except the nonvegetated beach zone. (D) It is an offense for a person to allow a dog, cat, or any animal to enter the area unleashed and not under the person's physical control. (7) Chaparral Wildlife Management Area. (A) Deer: (i) Archery-during the period from September 1-January 31; one deer (either sex); by special permit. (ii) General-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, means and methods, and permit requirements for taking deer, javelina, and coyote; no bag or possession limit. (C) Javelina: (i) Archery: concurrent seasons -to correspond with dates and shooting hours designated for archery only deer hunts; one javelina (either sex); by special permit. (ii) General-during the period of September 1-March 31; one javelina (either sex); by special permit. (D) Quail-on designated days during the period from October-February; by regular permit. (E) Mourning dove-on designated days by regular permit. (F) Rabbits and hares-to correspond with hunt dates and shooting hours designated for quail and mourning dove; no bag or possession limit; by regular permit. (G) Coyote-during the period from September 1-August 31; no bag or possession limit; by regular permit. (H) Fishing-no open season. (8) Cooper Wildlife Management Area. (A) Deer: (i) Archery-one deer (either sex); by annual public hunting permit. (ii) General-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, means and methods, and permit requirements designated for deer; no bag or possession limits. (C) Squirrel-closed on days designated for hunts by special permit; by annual public hunting permit. (D) Quail-closed on days designated for hunts by special permit; by annual public hunting permit. (E) Mourning dove-closed on days designated for hunts by special permit; by annual public hunting permit. (F) Waterfowl-on Tuesdays, Thursdays, and Saturdays during the waterfowl seasons established for Delta and Hopkins counties; shooting hours end at noon; by annual public hunting permit. (G) Woodcock-closed on days designated for hunts by special permit; by annual public hunting permit. (H) Snipe-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit. (I) Rabbits and hares-closed on days designated for hunts by special permit; by annual public hunting permit. (J) Fishing-no permit required. (K) Special regulations-It is an offense to use any device other than shotguns with non-toxic shot or no larger than size #4 lead shot or bow and arrow for hunting, except that lawful firearms, including shotguns using only slugs, are the only legal firearm for taking deer or exotic mammals during the general season (Non-toxic shot requirements for hunting waterfowl remain in effect). (9) Dam B Wildlife Management Area. (A) Deer: (i) Archery-one deer (either sex); by annual public hunting permit. (ii) General-one deer (buck only); by annual public hunting permit. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods designated for deer; no bag or possession limit; by annual public hunting permit. (C) Squirrel-by annual public hunting permit. (D) Quail-by annual public hunting permit. (E) Mourning doves-by annual public hunting permit. (F) Waterfowl-by annual public hunting permit. (G) Woodcock-by annual public hunting permit. (H) King and clapper rail-by annual public hunting permit. (I) Sora and Virginia rails-by annual public hunting permit. (J) Gallinules-by annual public hunting permit. (K) Snipe-by annual public hunting permit. (L) Rabbits and hares-no closed season; no bag or possession limits; by annual public hunting permit. (M) Furbearing animals-during the period from September 1-March 31; by annual public hunting permit. (N) Coyotes-during the period from September 1-March 31; no bag or possession limit; by annual public hunting permit. (O) Fishing-no permit required. (P) Special regulations: (i) Camping is by permit only; permits may be obtained at the U.S. Corps of Engineers office at the reservoir site. (ii) The use of airboats is an offense. (iii) It is an offense to use any device other than shotguns with non-toxic shot or no larger than size #4 lead shot or bow and arrow for hunting, except that lawful firearms, including shotguns using only slugs, are the only legal firearms for taking deer or exotic mammals during the general season (Non-toxic shot requirements for hunting waterfowl remain in effect). (iv) Dogs may be used in hunting coyotes and furbearers. (10) Designated Units of the Las Palomas Wildlife Management Area. (A) Chachalaca-on designated days by annual public hunting permit. (B) Mourning dove-on designated days by annual public hunting permit. (C) White-winged dove-on designated days by regular permit, except on the Ocotillo Unit, where an annual public hunting permit is required. (D) Fishing-no open season, except on the Ocotillo Unit where an annual public hunting permit is required. (E) Special regulations: (i) It is an offense to park other than in designated parking areas, except on the Ocotillo Unit, where parking is also permitted immediately adjacent to designated roads and on the shoulder of Farm Road 170 provided that the vehicle is pulled completely off of the road so as not to block traffic or create a safety hazard. (ii) It is an offense if a person hunting on the Ocotillo Unit fails to perform on-site registration. (iii) The taking of wildlife resources on the Kiskadee Unit is an offense. (iv) It is an offense for a person to enter the Kiskadee Unit during the period from May 1-August 31 unless authorized in writing by the Department. (v) It is an offense for a person to allow a dog, cat, or other animal to enter the Kiskadee Unit unleashed and not under the person's physical control. (11) Designated Units of the Playa Lakes Wildlife Management Area. (A) Pheasant-on designated days; by annual public hunting permit. (B) Quail-on designated days; by annual public hunting permit. (C) Mourning dove-on designated days; by annual public hunting permit. (D) Waterfowl-on designated days during designated shooting hours; by annual public hunting permit. (E) Sandhill crane-on designated days during designated shooting hours; by annual public hunting permit. (F) Snipe-on designated days during designated shooting hours; by annual public hunting permit. (G) Rabbits and hares-on designated days; no bag or possession limits; by annual public hunting permit. (H) Fishing-on designated days; by annual public hunting permit. (12) Designated Units of the State Park System. (A) Deer: (i) Archery-during the period from September 1-January 31; one deer (either sex); by special permit. (ii) General-during the period from October 1-February 15; two deer as specified on the permit; by special permit. (B) Exotic mammals- (i) Concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods designated for deer; no bag or possession limit; by special permit. (ii) General-during the period from September 1-August 31; no bag or possession limits; by special permit. (C) Designated exotic mammal-during the period from September 1-August 31; designated exotic mammals of the type and number as specified on the permit; by special permit. (D) Javelina-during the period of September 1-March 31; one javelina (either sex); by special permit. (E) Squirrel-on designated days by regular permit. (F) Turkey-during the months of April and May; one gobbler; by special permit. (G) Quail-on designated days during the period from October-February; by regular permit. (H) Mourning dove-on designated days by regular permit. (I) White-winged dove-on designated days by regular permit. (J) Waterfowl-on designated days; shooting hours end at noon; by regular permit. (K) Alligator-one alligator as specified on the permit; means and methods as specified on the permit or attachments; by special permit. (L) Special regulations: (i) The use of airboats is an offense, except that air propelled boats having a motor of no greater than 10 horsepower may be used on Sea Rim State Park. (ii) The use or possession of dogs is an offense, except one dog per permit- holding hunter is permitted for hunting migratory game birds, quail, or squirrel. (13) Elephant Mountain Wildlife Management Area. (A) Deer: (i) Archery-during the period from September 1-January 31; one deer (buck only); by special permit. (ii) General-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Javelina: (i) Archery: concurrent seasons -to correspond with dates and shooting hours designated for archery-only deer hunts; one javelina (either sex); by special permit. (ii) General-during the period from September 1-March 31; one javelina (either sex); by special permit. (C) Pronghorn antelope-during the period from September 1-October 31; one antelope as specified on the permit; by special permit. (D) Desert bighorn sheep-during the period from September 1-August 31; one desert bighorn sheep ram as specified on the permit; by special permit. (E) Quail-on designated days during the period from October-February; by annual public hunting permit. (F) Mourning dove-on designated days by annual public hunting permit. (G) Rabbits and hares-to correspond with hunt dates and shooting hours designated for quail and mourning dove; no bag or possession limit; by annual public hunting permit. (H) Fishing-no open season. (I) Special regulations: (i) The possession and use of horses, mules, burros and other types of riding stock or pack animals during public hunts for desert bighorn sheep may be permitted in accordance with written authorization of the Department. (ii) It is an offense if a public user fails to perform on-site registration. (14) Gene Howe Wildlife Management Area. (A) Deer: (i) Archery-on designated days during the period from September 1-January 31; one deer (either sex); by annual public hunting permit. (ii) General-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, means and methods and permit requirements for deer; no bag or possession limit. (C) Turkey-during the months of April and May; one gobbler; by special permit. (D) Quail-on designated days during the period from October-February; by annual public hunting permit. (E) Mourning dove-on designated days by annual public hunting permit. (F) Rabbits and hares-to correspond with hunt dates and shooting hours designated for quail and mourning dove; no bag or possession limit; by annual public hunting permit. (G) Fishing-season closed on days when hunts are conducted by special permit; annual public hunting permit required. (H) Special regulations-It is an offense if a public user fails to perform on- site registration. (15) Granger Wildlife Management Area. (A) Squirrel-by annual public hunting permit. (B) Quail-by annual public hunting permit. (C) Mourning doves-by annual public hunting permit. (D) Waterfowl-by annual public hunting permit. (E) Woodcock-by annual public hunting permit. (F) Gallinules-by annual public hunting permit. (G) Snipe-by annual public hunting permit. (H) Rabbits and hares-no closed season; no bag or possession limits; by annual public hunting permit. (I) Furbearing animals-during daylight hours only from September 1-March 31; by annual public hunting permit. (J) Coyotes-during daylight hours only from September 1-March 31; no bag or possession limit; by annual public hunting permit. (K) Fishing-no permit required. (L) Special regulations: (i) It is an offense to park other than in designated areas. (ii) It is a violation to use any type of device other than a shotgun with non-toxic shot or no larger than size #4 lead shot or bow and arrow for hunting (Non-toxic shot requirements for hunting waterfowl remain in effect). (iii) Dogs may be used in hunting coyotes and furbearers. (16) Guadalupe Delta Wildlife Management Area. (A) Waterfowl-on designated days; shooting hours end at noon; by regular permit. (B) King and clapper rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (C) Sora and Virginia rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (D) Gallinules-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (E) Snipe-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (F) Alligator-one alligator as specified on the permit; means and methods as specified on the permit or attachments; by special permit. (17) Gus Engeling Wildlife Management Area. (A) Deer: (i) Archery-on designated days during the period from September 1-January 31; one deer (either-sex); by annual public hunting permit. (ii) General-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: (i) Archery: concurrent seasons -to correspond with hunt dates and shooting hours designated for archery only deer hunts; no bag or possession limits; by annual public hunting permit. (ii) General-during the period from September 1-August 31; no bag or possession limits; by special permit. (C) Squirrel-on designated days; by annual public hunting permit. (D) Turkey-during the months of April and May; one gobbler; by special permit. (E) Waterfowl-on designated days; shooting hours end at noon; by regular permit. (F) Woodcock-on dates and shooting hours which correspond with those designated for waterfowl hunts; by regular permit. (G) Gallinules-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (H) Snipe-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (I) Rabbits and hares-to correspond with dates and shooting hours designated for squirrel hunts; no bag or possession limits; by annual public hunting permit. (J) Fishing-season is closed on dates designated for hunts by special or regular permit; by annual public hunting permit. (K) Special regulations: (i) It is an offense if a public user fails to perform on-site registration. (ii) It is an offense to possess a rifle or handgun of greater size than .22- caliber rimfire while hunting during the season designated for squirrel. (iii) Individuals who participate only in the self-guided driving tour and designated nature trails need not possess a Texas Conservation Passport. (iv) Horses, mules, burros, and other types of riding stock or pack animals may be possessed and used in accordance with written authorization of the Department for educational events sanctioned by the Department. (18) James Daughtrey Wildlife Management Area. (A) Deer: (i) Archery-during the period from September 1-January 31; one deer (either sex); by special permit. (ii) General-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods established for deer hunts; no bag or possession limit; by special permit. (C) Javelina: (i) Archery: concurrent seasons -to correspond with dates and shooting hours designated for archery only deer hunts; one javelina (either sex); by special permit. (ii) General-during the period of September 1-March 31; one javelina (either sex); by special permit. (D) Turkey-during the months of April and May; one gobbler; by special permit. (E) Quail-on designated days during the period from October through February; by annual public hunting permit. (F) Mourning dove-on designated days by annual public hunting permit. (G) Waterfowl-by annual public hunting permit. (H) Sandhill crane-by annual public hunting permit. (I) Snipe-by annual public hunting permit. (J) Rabbits and hares-to correspond with hunt dates and shooting hours designated for quail and mourning dove; no bag or possession limit; by annual public hunting permit. (K) Coyote-on designated days during the period from September 1-August 31; no bag or possession limit; by regular permit. (L) Fishing-no permit required. (19) J. D. Murphree Wildlife Management Area. (A) Waterfowl-on designated days; shooting hours end at noon; by regular permit. (B) King and clapper rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (C) Sora and Virginia rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (D) Gallinules-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (E) Snipe-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (F) Fishing-no permit required. (i) In that portion of Keith Lake which lies within the confines of the J. D. Murphree Wildlife Management Area, fishing is permitted year-round with no daylight restrictions. (ii) It is an offense to fish in that portion of Big Hill Bayou which lies within the J. D. Murphree Area, except during the period from the Monday following the closing of waterfowl season through October 31, both days inclusive, from 30 minutes before sunrise to 30 minutes after sunset. (iii) In the remainder of the area, it is an offense to fish except during the period from March 1-August 31, both days inclusive, from 30 minutes before sunrise to 30 minutes after sunset, but when required by the department for the proper management of waterfowl resources, leveed wetland compartments or outside borrow ditches may be temporarily closed to fishing. (iv) Powered skiffs, powered boats, or powered floating craft of any type with motor not to exceed 35 horsepower shall be permitted within leveed wetland compartments during the period from March 1-August 31. (v) The use of boats, skiffs, or floating craft of any type in the ditches along the west boundary of Wetland Compartments 5, 6, 7, 8, and 9, and the north boundary of Wetland Compartment 11 is an offense, except for travel by permitted hunters. (vi) It is an offense to take fish within leveed wetland compartments and borrow ditch areas other than by means of pole and line, except that gar may be taken by means of bowfishing utilizing an arrow securely attached to the bow with a line. (vii) It is an offense for a person to leave a fishing line unattended at any time within a leveed compartment or borrow ditch. (viii) In that portion of Big Hill Bayou and Keith Lake which lies within the J. D. Murphree Area, the use of jug lines and seines and nets other than 20-foot minnow seines is an offense. (G) Alligator-one alligator as specified on the permit; means and methods as specified on the permit or attachments; by special permit. (H) Special regulations: (i) The use of airboats is an offense, except in Big Hill Bayou, Blind Bayou, and Keith Lake. (ii) The use or possession of dogs is an offense except one dog per permit- holding hunter is permitted to retrieve dead or wounded waterfowl. (20) Keechi Creek Wildlife Management Area. (A) Deer: (i) Archery-during the period from September 1-January 31; one deer (either sex); by special permit. (ii) General-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: (i) Concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods designated for deer hunts; no bag or possession limits; by special permit. (ii) General-during the period from September 1-August 31; no bag or possession limits; by special permit. (C) Squirrel-on designated days; by regular permit. (D) Turkey-during the months of April and May; one gobbler; by special permit. (E) Waterfowl-on designated days; shooting hours end at noon; by regular permit. (F) Woodcock-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (G) Gallinules-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (H) Snipe-on dates and shooting hours which correspond to those established for waterfowl hunts; by regular permit. (I) Rabbits and hares-to correspond with dates and shooting hours designated for squirrel hunts; no bag or possession limits; by regular permit. (J) Fishing-no open season. (K) Special regulations-It is an offense to possess a rifle or handgun of greater size than .22-caliber rimfire while hunting during the season designated for squirrel. (21) Kerr Wildlife Management Area. (A) Deer: (i) Archery-during the period from September 1-January 31; one deer (either sex); by special permit. (ii) General-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammals: (i) Concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods designated for deer hunts; no bag or possession limit; by special permit. (ii) General-during the period from September 1-August 31; no bag or possession limit; means and methods as specified on the permit; by special permit. (C) Javelina: Archery: concurrent seasons-to correspond with dates and shooting hours designated for archery only deer hunts; one javelina (either sex); by special permit. (D) Turkey-during the months of April and May; one gobbler; by special permit. (E) Mourning dove-on designated days; by annual public hunting permit. (F) Rabbits and hares-to correspond with hunt dates and shooting hours established for mourning dove; no bag or possession limit; by annual public hunting permit. (G) Fishing-no permit required; on-site registration required. (H) Individuals who participate only in the self guided driving tour need not possess a Texas Conservation Passport or perform on-site registration. (22) Lands Within a Desert Bighorn Sheep Cooperative Unit. (A) Desert bighorn sheep-during the period from September 1-August 31; one desert bighorn sheep ram as specified on the permit; by special permit. (B) Special regulations-the possession and use of horses, mules, burros, and other types of riding stock or pack animals during public hunts for desert bighorn sheep may be permitted on departmental lands in accordance with written authorization of the Department. (23) Lower Neches Wildlife Management Area. (A) Waterfowl-on designated days; shooting hours end at noon; by annual public hunting permit. (B) King and clapper rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit. (C) Sora and Virginia rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit. (D) Gallinules-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit. (E) Snipe-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit. (F) Fishing-no permit required. (i) It is an offense to take fish within the area other than by means of pole and line, except that gar may be taken by means of bowfishing utilizing an arrow securely attached to the bow with a line. (ii) It is an offense for a person to leave a fishing line unattended at any time within the area. (iii) It is an offense to use trotlines and juglines. (iv) It is an offense to use crab traps in that portion of the area east of State Highway 87. (v) In the Nelda Stark Unit and in that portion of the Old River Unit that includes the Old River Cove, the Gulf States Utilities (G.S.U.) intake canal, and 150 feet on either side of Lake Street and State Highway 87, fishing is permitted year-round without daylight restrictions. (vi) In the remainder of the Old River Unit, it is an offense to fish except during the period from March 1-August 31, both days inclusive, from 30 minutes before sunrise to 30 minutes after sunset, but when required by the Department for the proper management of waterfowl resources, portions of the area may be closed to fishing for temporary periods of time. (G) Alligator-one alligator as specified on the permit; means and methods as specified on the permit or attachments; by special permit. (H) Special regulations: The use of airboats is an offense in the Old River Unit. (24) Mad Island Wildlife Management Area. (A) Waterfowl-on designated days; shooting hours end at noon; by regular permit. (B) King and clapper rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (C) Sora and Virginia rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (D) Gallinules-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (E) Snipe-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (F) Alligator-one alligator as specified on the permit; means and methods as specified on the permit or attachments; by special permit. (25) Matador Wildlife Management Area. (A) Deer: (i) Archery-on designated days during the period from September 1-January 31; one deer (buck only); by annual public hunting permit. (ii) General-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammals: concurrent seasons-to correspond with hunt dates, shooting hours, means and methods. and permit requirements designated for deer hunts; no bag or possession limit. (C) Turkey-during the months of April and May; one gobbler; by special permit. (D) Quail-on designated days; by annual public hunting permit. (E) Mourning dove-on designated days; by annual public hunting permit. (F) Waterfowl-on designated days; by annual public hunting permit. (G) Rabbits and hares-to correspond with hunt dates and shooting hours designated for quail and mourning dove; no bag or possession limits; by annual public hunting permit. (H) Fishing-fishing is permitted year-round, except on days when hunts are being conducted by special permit; annual public hunting permit required. (I) Special regulations-It is an offense if a public user fails to perform on- site registration. (26) Matagorda Island Wildlife Management Area. (A) Deer: General-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammals: concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods established for deer hunts; no bag or possession limit; by special permit. (C) Quail-on designated days; by regular permit. (D) Mourning dove-on designated days; by regular permit. (E) Waterfowl-on designated days; shooting hours end at noon; by regular permit, except within the designated marsh unit no permit is required, there is no restriction to designated hunt days, and shooting hours do not end at noon. (F) King and clapper rails-on dates and shooting hours and permit requirements which correspond to those designated for waterfowl hunts. (G) Sora and Virginia rails-on dates and shooting hours and permit requirements which correspond to those designated for waterfowl hunts. (H) Gallinules-on dates and shooting hours and permit requirements which correspond to those designated for waterfowl hunts. (I) Snipe-on dates and shooting hours and permit requirements which correspond to those designated for waterfowl hunts. (27) M. O. Neasloney Wildlife Management Area. (A) Fishing-no open season. (B) Special regulations-access for non-consumptive use is only through prior arrangement with the Department. (28) Old Tunnel Wildlife Management Area-Special regulations: (A) It is an offense to take wildlife resources. (B) It is an offense to park or operate motor vehicles in an area other than the designated parking area. (C) It is an offense to disturb roosting bats. (D) It is an offense for a person to allow a dog, cat, or any animal to enter the area unleashed and not under the person's physical control. (E) It is an offense for a person to enter that portion of the railroad bed located between the steep excavated walls of the former railroad right-of-way or into the excavated tunnel. (29) Pat Mayse Wildlife Management Area. (A) Deer: (i) Archery-one deer (either sex); no annual public hunting permit required. (ii) General-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, means and methods, and permit requirements designated for deer; no bag or possession limit. (C) Squirrel-closed on days designated for hunts by special permit; no annual public hunting permit required. (D) Quail-closed on days designated for hunts by special permit; no annual public hunting permit required. (E) Mourning dove-closed on days designated for hunts by special permit; no annual public hunting permit required. (F) Waterfowl-no annual public hunting permit required. (G) Woodcock-closed on days designated for hunts by special permit; no annual public hunting permit required. (H) Gallinules-no annual public hunting permit required. (I) Snipe-no annual public hunting permit required. (J) Rabbits and hares-no closed season, except no hunting for rabbits or hares on days designated for hunts by special permit; no bag or possession limit; no annual public hunting permit required. (K) Furbearing animals-during the period from September 1-March 31, except season closed on days designated for hunts by special permit; no annual public hunting permit required. (L) Coyote-during the period from September 1-March 31, except season closed on days designated for hunts by special permit; no bag or possession limit; no annual public hunting permit required. (M) Fishing-no permit required. (N) Special regulations: (i) It is an offense to use any device other than shotguns with non-toxic shot or no larger than size #4 lead shot or bow and arrow for hunting, except that lawful firearms, including shotguns using only slugs, are the only legal firearms for taking deer or exotic mammals during the general season (Non-toxic shot requirements for hunting waterfowl remain in effect). (ii) Dogs may be used in hunting coyotes and furbearers. (iii) It is an offense if a public user fails to perform on-site registration. (30) Peach Point Wildlife Management Area. (A) Waterfowl-on designated days; shooting hours end at noon; by regular permit. (B) Exotic mammal: general-during the period from September 1-August 31; no bag or possession limit; by special permit. (C) King and clapper rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (D) Sora and Virginia rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (E) Gallinules-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (F) Snipe-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (31) Richland Creek Wildlife Management Area. (A) Deer: (i) Archery-on designated days during the period from September 1-January 31; one deer (either sex); by annual public hunting permit. (ii) General-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, means and methods, and permit requirements designated for deer; no bag or possession limit. (C) Squirrel-on designated days; by annual public hunting permit. (D) Quail-on designated days; by annual public hunting permit. (E) Mourning dove-on designated days; by annual public hunting permit. (F) Waterfowl-on designated days; shooting hours end at noon; by annual public hunting permit. (G) Woodcock-on dates and shooting hours which correspond with those designated for waterfowl hunts; by annual public hunting permit. (H) Gallinules-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit. (I) Snipe-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit. (J) Rabbits and hares-on designated days; no bag or possession limits; by annual public hunting permit. (K) Fishing-closed on dates designated for hunts by special permit; by annual public hunting permit, except that fishermen who enter and exit the area by boat are not required to possess an annual public hunting permit. (L) Special regulations: (i) It is an offense to possess any device other than a shotgun or bow and arrow for hunting on that portion of the area located north of U.S. Highway 287. (ii) It is an offense to possess a rifle or handgun of greater size than .22- caliber rimfire while hunting during the season designated for squirrel. (32) Sheldon Wildlife Management Area. Fishing-no permit required. (A) It is an offense to fish except during the period from 5 a.m. to 9: 30 p.m. each day. (B) It is an offense to use handlines and trotlines. (C) It is an offense to wade-fish and use boats during the period November 1- February 28, both days inclusive. (D) It is an offense to use boat motors over 10 horsepower. (33) Sierra Diablo Wildlife Management Area. (A) Deer: (i) Archery-during the period from September 1-January 31; one deer (buck only); by special permit. (ii) General-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Javelina: Archery: concurrent seasons-to correspond with dates and shooting hours designated for archery-only deer hunts; one javelina (either sex); by special permit. (C) Desert bighorn sheep-during the period from September 1-August 31; one desert bighorn sheep ram as specified on the permit; by special permit. (D) Fishing-no open season. (E) Special regulation-the possession and use of horses, mules, burros and other types of riding stock or pack animals during public hunts for desert bighorn sheep may be permitted in accordance with written authorization of the Department. (34) Somerville Wildlife Management Area. (A) Deer: (i) Archery-one deer (either sex); by annual public hunting permit. (ii) General-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: (i) concurrent seasons-to correspond with hunt dates, shooting hours, means and methods, and permit requirements designated for deer; no bag or possession limit. (ii) Archery-during the period from January 15-March 15; no bag or possession limit; by annual public hunting permit. (C) Squirrel-closed on days designated for hunts by special permit; by annual public hunting permit. (D) Quail-closed on days designated for hunts by special permit; by annual public hunting permit. (E) Mourning dove-closed on days designated for hunts by special permit; by annual public hunting permit. (F) Waterfowl-closed on days designated for hunts by special permit; by annual public hunting permit. (G) Woodcock-closed on days designated for hunts by special permit; by annual public hunting permit. (H) Gallinules-closed on days designated for hunts by special permit; by annual public hunting permit. (I) Snipe-closed on days designated for hunts by special permit; by annual public hunting permit. (J) Rabbits and hares-no closed season, except no hunting for rabbits or hares on days designated for hunts by special permit; no bag or possession limit; by annual public hunting permit. (K) Fishing-no permit required. (L) Special regulations: (i) It is an offense to park other than in designated areas. (ii) It is an offense to use any device other than shotguns with non-toxic shot or no larger than size #4 lead shot or bow and arrow for hunting, except that lawful firearms, including shotguns using only slugs, are the only legal firearms for taking deer or exotic mammals during the general season (Non-toxic shot requirements for hunting waterfowl remain in effect). (35) Walter Buck Wildlife Management Area. (A) Deer: (i) Archery-during the period from September 1-January 31; one deer (either sex); by special permit. (ii) General-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods designated for deer; no bag or possession limit; by special permit. (C) Javelina: Archery: concurrent seasons-to correspond with dates and shooting hours designated for archery-only deer hunts; one javelina (either sex); by special permit. (D) Turkey-during the months of April and May; one gobbler; by special permit. (E) Fishing-no open season. (36) White Oak Creek Wildlife Management Area. (A) Deer: (i) Archery-one deer (either sex); by annual public hunting permit. (ii) General-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: (i) Concurrent seasons-to correspond with hunt dates, shooting hours, means and methods, and permit requirements designated for taking deer; no bag or possession limits. (ii) General-during the period from September 1-August 31; no bag or possession limit; by special permit. (C) Squirrel-closed on days designated for hunts by special permit; by annual public hunting permit. (D) Quail-closed on days designated for hunts by special permit; by annual public hunting permit. (E) Mourning dove-closed on days designated for hunts by special permit; by annual public hunting permit. (F) Waterfowl-on Mondays, Wednesdays, and Sundays during the waterfowl seasons established for Bowie, Cass, Morris, and Titus counties; shooting hours end at noon; by annual public hunting permit. (G) Woodcock-closed on days designated for hunts by special permit; by annual public hunting permit. (H) Snipe-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit. (I) Rabbits and hares-closed on days designated for hunts by special permit; no bag or possession limits; by annual public hunting permit. (J) Fishing-no permit required. (K) Special regulations-It is an offense to use any device other than shotguns with non-toxic shot or no larger than size #4 lead shot or bow and arrow for hunting, except that lawful firearms, including shotguns using only slugs, are the only legal firearm for taking deer or exotic mammals during the general season (Non-toxic shot requirements for hunting waterfowl remain in effect) (37) Units 102, 103, 104, 106, 136, 137, 142, 152, 154, 155, 159, 902 (Moore Plantation Wildlife Management Area), and 903 (Bannister Wildlife Management Area). (A) Deer: (i) Archery-either sex; by annual public hunting permit. (ii) General-either sex during the first two days of the general season and buck only thereafter; by annual public hunting permit. (B) Exotic mammal: (i) Concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods designated for deer; no bag or possession limit; by annual public hunting permit. (ii) General-only on Units 902 and 903 during the period from January 15-March 15; no bag or possession limit; by annual public hunting permit. (C) Squirrel-by annual public hunting permit. (D) Game birds (other than turkey)-by annual public hunting permit. (E) Furbearers-by annual public hunting permit. (F) Predatory animals-no closed season and no bag or possession limit; by annual public hunting permit. (G) Rabbits and hares-no closed season and no bag or possession limit; by annual public hunting permit. (H) Fishing, frogs, and crayfish-by annual public hunting permit on areas other than Units 902 and 903. (I) Special regulations-On Units 902 and 903, during seasons other than the Early Teal Season, it is an offense to hunt waterfowl at any time except on Wednesday, Saturday, and Sunday and only during legal shooting hours in the a.m. until noon each day during the regular seasons. (38) Units 108, 109, 112, 113, 114, 115, 116, 117, 119, 120, 121, 122, 125, 129, 130, 133, 134, 143, 144, 145, 146, 147, 150, 151, 156, 157, 158, 160, 203, 204, 210, 211, 213, 217, 218, 222, 223, 301, 615 (North Toledo Bend Wildlife Management Area), 616, 630, 801, 803, 904 (Alabama Creek Wildlife Management Area), and 905 (Sam Houston National Forest). (A) Deer: (i) Archery-either sex; by annual public hunting permit. (ii) General-buck only; by annual public hunting permit. (B) Exotic mammal: (i) Concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods designated for deer; no bag or possession limit; by annual public hunting permit. (ii) General-only on Units 615, 630, 904, and 905 during the period from January 15-March 15; no bag or possession limit; by annual public hunting permit. (C) Squirrel-by annual public hunting permit. (D) Game birds (other than turkey)-by annual public hunting permit. (E) Furbearer-by annual public hunting permit. (F) Predatory animals-no closed season and no bag or possession limit; by annual public hunting permit. (G) Rabbits and hares-no closed season and no bag or possession limit; by annual public hunting permit. (H) Fishing, frogs, and crayfish-by annual public hunting permit on areas other than 904 and 905. (I) Special Regulations- (i) On Units 615 and 904, during seasons other than the Early Teal Season, it is an offense to hunt waterfowl at any time except on Wednesday, Saturday, and Sunday and only during legal shooting hours of 30 minutes before sunrise until 12:00 noon each day during the regular season. (ii) On the Sam Houston National Forest Wildlife Management Area (Unit 905) the use of a dog or dogs to hunt, pursue, or take feral hogs is permitted only during the period from January 15-March 15. (39) Units 135, 224, 607, and 901 (Caddo Wildlife Management Area). (A) Deer: (i) Archery-buck only; by annual public hunting permit. (ii) General-buck only; by annual public hunting permit. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods designated for deer; no bag or possession limit; by annual public hunting permit. (C) Squirrel-by annual public hunting permit. (D) Game birds (other than turkey)-by annual public hunting permit. (E) Furbearers-by annual public hunting permit. (F) Predatory animals-no closed season and no bag or possession limit; by annual public hunting permit. (G) Rabbits and hares-no closed season and no bag or possession limit; by annual public hunting permit. (H) Fishing, frogs, and crayfish-by annual public hunting permit on areas other than Unit 901. (I) Special regulations-On Unit 901, during seasons other than the Early Teal Season, it is an offense to hunt waterfowl at any time except on Wednesday, Saturday, and Sunday and only during legal shooting hours of 30 minutes before sunrise until 12:00 noon each day during the regular seasons. (40) Unit 501 (Lake Ray Roberts Wildlife Management Area). (A) Squirrel-by annual public hunting permit. (B) Game birds (other than turkey)-by annual public hunting permit. (C) Rabbits and hares-no bag or possession limit; by annual public hunting permit. (D) Frogs-by annual public hunting permit. (E) Fishing-no permit required. (F) Special regulations: (i) It is an offense to possess firearms and ammunition other than shotguns with shotshells containing non-toxic shot or no larger than size #4 lead shot. (Non-toxic shot requirements for hunting waterfowl remain in effect.) (ii) It is an offense to discharge firearms except while hunting. (iii) It is an offense to camp overnight. (iv) It is an offense to hunt waterfowl in that portion of the Unit located north of FM Road 3002, which is designated as a waterfowl sanctuary. (v) It is an offense to hunt on the land or water within 100 yards of State Park boundaries. (41) Unit 608 (Wall Tract). (A) Pheasant-by annual public hunting permit. (B) Waterfowl-by annual public hunting permit. (C) Rabbits and hares-concurrent with shooting hours and seasons for taking pheasant or waterfowl; no bag or possession limit; by annual public hunting permit. (42) Unit 617 (Cleavinger Tract). (A) Pheasant-by annual public hunting permit. (B) Rabbits and hares-concurrent with shooting hours and seasons for taking pheasant; no bag or possession limit; by annual public hunting permit. sec.65.194. Permit Required and Fees. (a) A Texas Conservation Passport is required of each individual, 17 years of age or older, to obtain access to public hunting lands for participation in scheduled non-consumptive events conducted under the Texas Conservation Passport Program. The fee for the Texas Conservation Passport is $25 and there is no charge for a duplicate (lost) Texas Conservation Passport. The Texas Conservation Passport is not required of individuals participating in hunting and fishing activities or educational programs and management demonstrations sponsored by the Department. (b) It is an offense for a person without a valid permit to be afield during hunts on public hunting lands, except: (1) on areas or for activities where no permit is required; (2) for a non-hunting adult who is assisting a permitted disabled person; or (3) for minor age participants under the supervision of an authorized supervising adult possessing an annual public hunting permit or a limited public use permit. (c) Annual Public Hunting Permit and Limited Public Use Permit. (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, it is an offense for a person 17 years of age or older to enter or hunt on public hunting lands requiring an Annual Public Hunting Permit without having in his or her possession an Annual Public Hunting Permit. (2) Persons possessing a Limited Public Use Permit may enter public hunting lands at times that access is allowed under the Annual Public Hunting Permit but may not hunt or fish except as provided in paragraph (3) of this subsection. (3) The Annual Public Hunting Permit is required of each person 17 years of age or older who enters Units 901, 902, 903, 904, or 905 and possesses a centerfire firearm, a shotgun with shot larger than #2 steel or #4 lead, a muzzleloading firearm, or bow and arrow with broadhead hunting point; however, a person 17 years of age or older may enter these units with other legal devices for hunting as defined in these rules and take specified legal small game provided the person possesses a Limited Public Use Permit. (4) The permits required under paragraphs (1) and (2) of this subsection are not required for: (A) persons who enter on United States Forest Service System lands designated as a public hunting area (Units 901, 902, 903, 904, and 905), including Caddo National Grassland, or any portion of Units 902 and 903 in Sabine and San Augustine Counties for any purpose other than hunting; (B) persons who enter on U.S. Army Corps of Engineers lands (Aquilla, Cooper, Dam B, Granger, Pat Mayse, Ray Roberts (Unit 501), Somerville, White Oak Creek) designated as public hunting lands for purposes other than hunting; (C) persons who are authorized by, and acting in an official capacity for the Department or the landowners of the public hunting lands; (D) persons participating in scheduled activities sponsored or sanctioned by the department with written approval; (E) persons owning or leasing land within the boundaries of public hunting lands while traveling directly to or from their property; or (F) a non-hunting and non-fishing adult who accompanies and assists a duly permitted disabled person. (5) The permit required by paragraphs (1) and (2) of this subsection is not valid unless the signature of the holder appears on the front of the permit. (6) A person, by signature of the permit required by paragraphs (1) and (2) of this subsection, waives all liability towards the landowner (licensor) and Texas Parks and Wildlife Department (licensee). The text of the Disclaimer of Liability being: "This Permit allows entry upon lands owned by Licensor and licensed to Texas Parks and Wildlife Department. Neither licensor nor the Texas Parks and Wildlife Department know what type of conditions exist upon any of such lands, nor the number or proficiency of other participating hunters, and they specifically do not make any warranty or representation of any type, kind or character, whatsoever, as to existing conditions upon said lands or as to the suitability or nonsuitability of such lands for hunting purposes. Any persons entering upon such lands enters at his or her own risk, impliedly accepts such lands in the existing conditions, and recognize that all hunting is potentially dangerous because of the use of firearms by hunters of varying degrees of proficiency, and in consideration of being permitted to participate in this public hunting program, I, and as the authorized supervising adult of any accompanying minor, unconditionally release and holds harmless Licensor and Licensee against and for all liability, cost, expenses, claims and damages for which Licensor and Licensee might otherwise become liable by reason of any accidents, or injuries to or death of any persons, or damage to property, or both, in any manner arising or resulting from, caused by, connected with or related to the presence of any such person upon such land and premises, regardless of how, where, or when such injury, death or damage occurs even if caused by the negligence of Licensor and Licensee, its agents, servants or employees, or due to conditions on or defects in the premises. I, the Permittee, have read this release and understand all its terms. I execute it voluntarily with full knowledge of its significance." (7) The fee for the Annual Public Hunting Permit is $35 and entitles the possessor to enter, hunt, fish, and take all wildlife resources during open seasons as provided by Commission adopted regulations and engage in other authorized activities. The fee for a duplicate (lost) permit is $10. (8) The fee for the Limited Public Use Permit is $10 and entitles the possessor to enter designated public hunting lands and engage in authorized activities as provided by Commission adopted regulations. The Limited Public Use Permit does not authorize a person to hunt, fish, or possess firearms or archery equipment, except as provided in paragraph (3) of this subsection. The fee for a duplicate (lost) Limited Pubic Use Permit is $5.00. (d) Other than on areas and for species for which no permit is required, none of the wildlife resources of the public hunting lands may be taken except by holders of permits that have been issued by the Parks and Wildlife Department. (e) Permits for hunting wildlife resources on public hunting lands shall be issued by the department to applicants by means of a fair method of distribution subject to limitations on the maximum number of permits to be issued. (f) The department may implement a system of issuing special permits that gives preference to those applicants who have applied previously but were not selected to receive a permit, in compliance with Texas Parks and Wildlife Code, sec.sec.81.403(b). (g) Application fee. (1) The department may charge a non-refundable fee which may be required to accompany and validate an individual's application for a special permit as authorized by Texas Parks and Wildlife Code, sec.sec.11.027(b), provided that appropriate legislative authority is granted. (2) The application fee for each person 17 years of age or older listed on an application for a special permit shall be in the amount of $2.00 or as otherwise established by the Commission for a specific hunt. (3) The application fee for a special permit is waived for a person under 17 years of age; however, the minor must apply in conjunction with an authorized supervising adult to whom an application fee is assessed. (4) In the event an application for a special permit is received and is determined to be invalid due to duplicate application by an individual, incomplete or invalid required information, insufficient application fees, receipt after the application deadline, or other reasons, then: (A) the application card and related application fees will be returned to the applicant for correction and resubmission, provided the error is detected prior to the time that the application information is entered into the public hunting computer; or (B) the error will be detected by the public hunting computer program resulting in disqualification of applicant(s) as appropriate and all application fees will be retained by the department. (h) Legal animals to be taken by special or regular permit shall be stipulated on the permit issued by the department to the hunter. (i) The department shall charge a permit fee in the amount set by the commission as authorized by Texas Parks and Wildlife Code, sec.sec.81.403(c). (j) The fees for special and regular permits are: (1) deer-$50; (2) deer-extended period-$100; (3) exotic mammal-$50; (4) designated exotic mammal-no charge; (5) desert bighorn sheep-no charge; (6) pronghorn antelope-$50; (7) alligator-$50; (8) javelina-$25; (9) turkey-$25; (10) coyote-$25; (11) white-winged dove-$12; (12) squirrel-$6.00; (13) quail-$6.00; (14) mourning dove-$6.00; (15) woodcock-$6.00; (16) waterfowl-$6.00; (17) rails-$6.00; (18) gallinules-$6.00; (19) snipe-$6.00. (k) Only one permit fee will be assessed in the event of concurrent hunts for multiple species, and the fee for the legal species having the most expensive permit will prevail. (l) Any applicable regular permit fees will be waived for persons possessing an annual public hunting permit and for minor age participants under the supervision of a duly permitted authorized supervising adult. (m) A permit is issued to a specific person, and neither the permit nor the rights granted thereunder are transferrable to another person. sec.65.195. Permit Revocation. Any person violating this subchapter (relating to Public Hunting Lands) is subject to having their permit revoked under the authority of Texas Parks and Wildlife Code, Chapter 12, Subchapter F. sec.65.196. Refund of Permit Fees. (a) There is a standard no refund policy concerning permit fees, however the department will upon request refund permit fees in the event: (1) of death of the permittee prior to the hunt; (2) a scheduled hunt is canceled at the discretion of the department; or (3) a duly issued permit is voided at the discretion of the department. (b) The department will consider on a case-by-case basis other requests for refund of permit fees based on extenuating circumstances. sec.65.197. Reinstatement of Preference Points. (a) Accrued preference points will be reinstated in the concerned hunt category for a selected applicant who has made payment of special permit fees only if: (1) the scheduled hunt is unable to be conducted in its entirety or is canceled at the discretion of the department; (2) the selected applicant was assigned a hunt area for which he/she did not apply and found to be unacceptable; or (3) the selected applicant was assigned a hunt period which was not indicated as acceptable on the application. (b) No other reinstatement of preference points will be made. sec.65.198. Penalties. The penalties for violation of this subchapter are prescribed by Texas Parks and Wildlife Code, sec.81.007. With respect to violations in designated state parks, the penalties are prescribed by Texas Parks and Wildlife Code, sec.62.069. 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 10, 1993. TRD-9327045 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: September 1, 1993 Proposal publication date: April 20, 1993 For further information, please call: 1 (800) 792-1112, Ext. 4433 or (512) 389- 4770 Subchapter U. Type II Wildlife Management Area-Public Hunting Lands 31 TAC sec.sec.65.701-65.707 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing held May 20, 1993, repealed existing sec. sec.65.701-65.707 concerning the Type II Wildlife Management Area -Public Hunting Lands Proclamation as published in the April 20, 1993, issue of the Texas Register (18 TexReg 2544). The repeals serve to remove existing rules and allow the adoption of new rules to more effectively administer the consolidated public hunting program. The repeals remove existing rules and allow the adoption of new rules to more effectively administer the consolidated public hunting program. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Parks and Wildlife Code, Chapter 81, Subchapter E, which provides the Texas Parks and Wildlife Commission with authority to regulate seasons, numbers, means, methods, and conditions for taking wildlife resources on wildlife management areas. 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 10, 1993. TRD-9327047 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: September 1, 1993 Proposal publication date: April 20, 1993 For further information, please call: 1 (800) 792-1112, Ext. 4433 or (512) 389- 4433 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.sec.10.3413, 10.3428, 10.3429 The Texas Department of Human Services (DHS) adopts amendments to sec.sec.10.3413, 10.3428, and 10.3429, concerning eligibility for Title IV-A funded child care services, attendance requirements, and termination of enrollment due to excessive absences, in its Family Self-Support Services chapter. The amendments are adopted without changes to the proposed text as published in the July 6, 1993, issue of the Texas Register (18 TexReg 4384). The justification for the amendments is to clarify the circumstances for terminating child care services based on absences from care and to facilitate collaboration between DHS and the Texas Education Agency for the provision of Title IV-A At-risk Child Care to children enrolled in certain pre-kindergarten programs. The amendments will function by ensuring that limited child care benefits will be used effectively and efficiently and the number of children served will be increased. The department received no comments regarding the adoption of the amendments. The amendments are 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 August 9, 1993. TRD-9327007 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1993 Proposal publication date: July 6, 1993 For further information, please call: (512) 450-3765 Chapter 19. Long Term Care Nursing Facility Requirements for Licensure and Medicaid Certification Subchapter B. Definitions The Texas Department of Human Services (DHS) adopts amendments to sec.sec.19.101, 19.203, 19.212, 19.302, 19.907, 19.1005, 19.1308, 19.1607, 19. 1613, 19.1701, 19.1702, 19.1807, 19.1923, and 19.2003, concerning definitions, notice of rights and services, access and visitation rights, transfer and discharge, menus and nutritional adequacy, physician delegation of tasks, drug administration, denied medical necessity, reconsideration of medical necessity (MN) determination and effective dates, vendor payment (items and services included), additional charges (items and services excluded from vendor payment) , rate setting methodology, incident or accident reporting, and additional participation requirements in its Long Term Care Nursing Facility Requirements for Licensure and Medicaid Certification chapter. The amendments to sec. sec.19. 907, 19.1607, and 19.1923 are adopted with changes to the proposed text as published in the June 4, 1993, issue of the Texas Register (18 TexReg 3554). The amendments to sec.sec.19.101, 19.203, 19.212, 19.302, 19.1005, 19. 1308, 19.1613, 19.1701, 19.1702, 19.1807, and 19.2003, are adopted without changes and will not be republished. The justification for the amendments is to make a number of technical changes concerning medical necessity time frames; reporting of drug errors and adverse drug reactions; diet manuals; vendor payment for prescription drugs not covered by the Medicaid Vendor Drug program; providing briefs (diapers) to nursing facility residents; physician duties performed in nursing facilities by nurse practitioners, physician assistants, and clinical nurse specialists; the procedure for Purpose Code U changes to the Form 3652 CARE form; and the Texas Department on Aging's ombudsman program. The amendments will function by improving care of nursing facility residents as a result of clearer rule language. No comments were received regarding adoption of the amendments; however, DHS is adopting sec.sec.19.907(c), 19.1607(5), and 19.1923(e) with minor editorial or procedural changes that clarify but do not change the function or intent of the sections. 40 TAC sec.19.101 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides 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 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 11, 1993. TRD-9327137 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1993 Proposal publication date: June 4, 1993 For further information, please call: (512) 450-3765 Subchapter C. Resident Rights 40 TAC sec.19.203, sec.19.212 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides 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 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 11, 1993. TRD-9327139 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1993 Proposal publication date: June 4, 1993 For further information, please call: (512) 450-3765 Subchapter D. Admission, Transfer, and Discharge Rights 40 TAC sec.19.302 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs 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 11, 1993. TRD-9327141 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1993 Proposal publication date: June 4, 1993 For further information, please call: (512) 450-3765 Subchapter G. Resident Assessment 40 TAC sec.19.604 The Texas Department of Human Services (DHS) adopts amendments to sec.19. 604, concerning preadmission screening and annual resident review (PASARR), in its Long-Term Care Nursing Facility Requirements for Licensure and Medicaid Certification chapter. The justification for the amendments is to comply with requirements of the Omnibus Budget Reconciliation Act of 1987 (OBRA '87) that revise the definition of "mental illness." Mental illness now includes the functional limitations resulting from a mental disorder and is redefined to delete the requirements that the presence of a "psychotherapeutic medication" is an indicator of mental illness and that a Level II screening is needed. OBRA '87 also mandates that DHS add to the requirements for immediate admission to a nursing facility that an individual is functioning at the brain stem level, is ventilator dependent, or has a medical condition so serious that the individual could not be expected to benefit from specialized services. OBRA' 87 also requires that an annual resident review be conducted within 40 calendar days of admission for an individual who enters a nursing facility as an exempted hospital discharge and is later found to need more than 30 days of nursing facility care. The amendments will function by ensuring that individuals seeking entry to a nursing facility or who are current residents with mental illness, mental retardation, and/or a related condition receive appropriate placement. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides 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. The amendment is adopted to be effective January 29, 1993, in compliance with federal requirements. sec.19.604. Preadmission Screening and Annual Resident Review (PASARR). (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise: (1)-(3) (No change.) (4) Anencephaly-A developmental anomaly with absence of neural tissue in the cranium. (5) Chronic obstructive pulmonary disease-A disease of the respiratory system as diagnosed by a physician in accordance with the International Classification of Diseases 9th Revision Clinical Modification (ICD-9-CM) . (6) Comatose-A state of unconsciousness characterized by the inability to respond to sensory stimuli as certified by a physician. (7) Congestive heart failure-A disease of the circulatory system as diagnosed by a physician in accordance with International Classification of Diseases, 9th Revision Clinical Modification (ICD-9-CM). (8) Convalescent care-Care provided after a person's release from an acute care hospital that is part of a medically prescribed period of recovery which does not exceed 120 days. (9) Dementia-A degenerative disease of the central nervous system as diagnosed by a physician in accordance with the International Classification of Diseases 9th revision Clinical Modification (ICD-9-CM) . (10) Functioning at the brain stem level-A significantly impaired state of consciousness characterized by normal respirations and minimal (mostly reflexive) response to environmental stimuli as certified by a physician. (11) Huntington's disease-A disease of the central nervous system diagnosed by a physician in accordance with the International Classification of Diseases 9th Revision Clinical Modification (ICD-9-CM). (12) Level I-identification screening-The process of identifying individuals with an indication of mental illness, mental retardation and/or a related condition, who require a Level II PASARR assessment. (13) Level II-PASARR assessment-Preadmission Screening and Annual Resident Review assessment of persons with mental illness, mental retardation, and/or a related condition conducted in accordance with Nursing Home Reform Provisions of the Omnibus Budget Reconciliation Act of 1987 (OBRA '87). (14) Mental illness-A current primary or secondary diagnosis of a major mental disorder (as defined in the Diagnostic and Statistical Manual of Mental Disorders, 3rd edition, revised in 1987 (DSM-III-R). This mental disorder is a schizophrenic, mood, paranoid, panic, or other severe anxiety disorder; personality disorder; other psychotic disorder; or another mental disorder that may lead to a chronic disability and does not have a primary diagnosis of dementia (including Alzheimer's disease or a related disorder). The disorder results in functional limitations in major life activities within the past three to six months that would be appropriate to the individual's developmental stage. The individual typically has at least one of the following characteristics on a continuing or intermittent basis: serious difficulty in the areas of interpersonal functioning; and/or concentration, persistence, and/or pace; and/or adaption to change. Within the past two years, the disorder has required psychiatric treatment more intensive than outpatient care and/or the individual has experienced an episode of significant disruption to the normal living situation for which supportive services were required or which resulted in intervention by housing or law enforcement officials. (15) Mental retardation-A diagnosis of mental retardation (mild, moderate, severe, and profound) as described in the American Association on Mental Deficiency's Manual on Classification in Mental Retardation (1983) . In this manual mental retardation is significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. (16) New admission-An individual who is admitted to any nursing facility in which he has not recently resided and to which he cannot qualify as a readmission. (17) Nursing facility-A Texas Medicaid-certified institution, except for a facility certified as an intermediate care facility for the mentally retarded (ICF/MR), providing nursing services to nursing facility residents. (18) Nursing facility applicant-An individual seeking admission to a Texas Medicaid-certified nursing facility. (19) Nursing facility resident-An individual who resides in a Texas Medicaid- certified nursing facility and receives services provided by professional medical nursing personnel of the facility. (20) OBRA '87-Omnibus Budget Reconciliation Act of 1987 (P.L. 100-203) . (21) Parkinson's Disease-A degenerative disease of the central nervous system as diagnosed by a physician in accordance with the Classification of Diseases 9th Revision Clinical Modification (ICD-9-CM) . (22) PASARR-Preadmission screening and annual resident review. (23) PASARR determination-A decision made by Texas Department of Mental Health and Mental Retardation (TXMHMR) PASARR Determination Program professional staff to establish if an individual requires the level of services provided in a nursing facility as contrasted with other settings and if the individual has the need for specialized services for mental illness, mental retardation, and/or a related condition. The decisions are based on information included in the Level II PASARR Assessment document. (24)-(29) (No change.) (b) Preadmission Screenings. (1) -(3) (No change.) (4) Level I Identification Screening. Individuals are identified as having mental illness, mental retardation, or a related condition (MI/MR/RC) through use of DHS's CARE form, Item 34. (A) The attending physician makes a positive response to CARE form Item 34 for the presence of MI if the individual meets two of the three following criteria: (i) has a diagnosis of MI (excluding a primary diagnosis of Alzheimer's disease or dementia); (ii) has a level of impairment that results in functional limitations in major life activities within the past three to six months in the areas of interpersonal functioning, concentration, persistence, pace and/or adaption to change; or (iii) within the last two years, due to the mental disorder, has had psychiatric treatment more intensive than outpatient care more than once and/or experienced an episode of significant disruption to the normal living situation, for which supportive services were required to maintain functioning at home, or in a residential treatment environment, or which resulted in intervention by housing or law enforcement officials. (B)-(C) (No change.) (D) An individual may be immediately admitted to or continue residing in a nursing facility if: (i)-(ii) (No change.) (iii) an individual is comatose, functioning at the brain stem level, ventilator dependent, terminally ill, or has a serious medical condition such as chronic obstructive pulmonary disease, anencephaly, Parkinson's disease, Huntington's disease, amytrophic lateral sclerosis, and congestive heart failure which result in an impairment so severe that the individual could not be expected to benefit from specialized services; (iv)-(vi) (No change.) (5) Level II Assessment. TDH staff must contact the attending physician to verify the information marked on DHS's CARE form, Item 34. The physician contact sheet will be used by the assessors to allow the resident's treating physician to have input into the assessment. (A) (No change.) (B) Depending on the mental and/or physical condition, TDH sends either a: (i) MI assessment team consisting of: (I) (No change.) (II) other qualified mental health professionals. (ii) (No change.) (C) (No change.) (D) All assessment data are reviewed by TDH staff for completeness and accuracy and sent to TXMHMR for PASARR determination as specified in subsection (c) of this section. (E)-(F) (No change.) (c) Annual Resident Reviews. (1)-(4) (No change.) (5) If an individual who enters a nursing facility as an exempted hospital discharge and is later found to need more than 30 days of nursing facility care, the NF must request TDH to conduct an annual resident review within 40 calendar days of admission. (d) Determination Process. (1) TXMHMR reviews the assessment data gathered by TDH in order to determine whether: (A)-(B) (No change.) (2) Determinations are based on criteria established by TXMHMR under 25 TAC, Chapter 402, Subchapter E. One of the following determinations is made: (A)-(C) (No change.) (3) (No change.) (4) If during the determination process TXMHMR ascertains that a person does not have MI/MR/RC, the PASARR determination process will be discontinued and the individual may be admitted to the nursing facility. (5) TXMHMR will notify all individuals of the results of their PASARR determination through a letter sent to them, the nursing facility administrator, the attending physician, and the local MHMR authorities, the Texas Department on Aging (TDoA), and the local Medicaid eligibility unit. Individuals who have undergone a preadmission screening will be notified within 10 calendar days of the determination and for individuals who have undergone an annual review, they will be notified within 30 calendar days of the determination. (6) Any individual, or his legal representative or responsible party, not in agreement with the PASARR determination may file an appeal with TXMHMR to receive a DHS fair hearing according to Chapter 79 of this title (relating to Legal Services). (A) When the hearing officer reverses TXMHMR's determination regarding nursing facility admission, the individual seeking entry into the nursing facility may be admitted immediately; and as long as the individual meets all other eligibility requirements, the facility may receive vendor payments. Current residents who have met all eligibility criteria may continue to reside in the facility and receive Medicaid reimbursement retroactive to the date when medical and financial eligibility were in effect. (B) When the hearing officer sustains TXMHMR's determination regarding nursing facility admission, the individual seeking entry into the nursing facility may not enter the facility and may not be Medicaid-certified for nursing facility placement. Current residents who have met all eligibility criteria must be alternately placed, unless excepted by paragraph (3) of this subsection. (e)-(h) (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 11, 1993. TRD-9327134 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1993 For further information, please call: (512) 450-3765 Subchapter J. Dietary Services 40 TAC sec.19.907 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs 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. sec.19.907. Menus and Nutritional Adequacy. (a)-(b) (No change.) (c) The facility must ensure that a current diet manual, approved by the facility dietitian or the consultant dietitian, is readily available to dietary service personnel and the supervisor of nursing service. To be current, the diet manual must be no more than five years old. (d) -(m) (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 11, 1993. TRD-9327143 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1993 Proposal publication date: June 4, 1993 For further information, please call: (512) 450-3765 Subchapter K. Physician Services 40 TAC sec.19.1005 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs 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 11, 1993. TRD-9327145 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1993 Proposal publication date: June 4, 1993 For further information, please call: (512) 450-3765 Subchapter N. Pharmacy Services 40 TAC sec.19.1308 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs 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 11, 1993. TRD-9327146 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1993 Proposal publication date: June 4, 1993 For further information, please call: (512) 450-3765 Subchapter Q. Medical Review and Re-evaluation 40 TAC sec.19.1607, sec.19.1613 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs 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. sec.19.1607. Denied Medical Necessity. If the Utilization Review Committee determines that the written criteria for admission or continued stay are not met, the attending physician is notified in writing within two working days and allowed an opportunity to present additional information about the recipient's medical need for nursing facility placement. (1) If the attending physician does not respond or contest the findings of the Utilization Review Committee within five working days of receipt of the decision, the findings are final. (2) If the attending physician contests the findings of the Utilization Review Committee, at least one additional physician in the Utilization Review Department must review the case. If the additional physician determines that the recipient's admission or stay is not medically necessary, the determination becomes final. (3) Written notification of the final determination of a denied medical necessity must be sent to the attending physician, recipient (or responsible party), facility administrator, and the state office of the Texas Department of Human Services (DHS) no later than two days after the decision. (4) A physician must make the final determination that a recipient's stay is not medically necessary. (5) Recipients' appeals will be processed as a fair hearing according to Texas Department of Human Services' fair hearings rules in Chapter 79 of this title (relating to Legal Services). The recipient should contact the Utilization Review Committee to request a hearing. When the recipient does not appeal the denied medical necessity decision within ten days of the decision, vendor payments to the facility will be made at the rate for the previously established Texas Index for Level of Effort (TILE) for a period of 15 days or until the recipient is transferred, whichever occurs first. If the recipient does appeal within ten days of the decision and the denied medical necessity is upheld, the effective date will be 10 days after the hearing officer's written decision. 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 11, 1993. TRD-9327144 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1993 Proposal publication date: June 4, 1993 For further information, please call: (512) 450-3765 Subchapter R. Vendor Payment 40 TAC sec.19.1701, sec.19.1702 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs 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 11, 1993. TRD-9327142 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1993 Proposal publication date: June 4, 1993 For further information, please call: (512) 450-3765 Subchapter S. Reimbursement Methodology for Nursing Facilities 40 TAC sec.19.1807 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs 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 11, 1993. TRD-9327140 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1993 Proposal publication date: June 4, 1993 For further information, please call: (512) 450-3765 Subchapter T. Administration 40 TAC sec.19.1923 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs 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. sec.19.1923. Incident or Accident Reporting. (a)-(d) (No change.) (e) The facility must make incident reports available for review, upon request and without prior notice, by representatives of the United States Department of Health and Human Services; the Texas Department of Health; the Texas Department of Human Services; and the Texas Department of Protective and Regulatory Services. Reports related to specific incidents must be available to the designated regional staff ombudsman, Office of the State Long Term Care Ombudsman, Texas Department on Aging. 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 11, 1993. TRD-9327138 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1993 Proposal publication date: June 4, 1993 For further information, please call: (512) 450-3765 Subchapter U. State and Local Requirements 40 TAC sec.19.2003 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs 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 11, 1993. TRD-9327136 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1993 Proposal publication date: June 4, 1993 For further information, please call: (512) 450-3765 Chapter 29. Purchased Health Services Subchapter G. Hospital Services 40 TAC sec.29.606 The Texas Department of Human Services (DHS) adopts an amendment to sec.29. 606, concerning reimbursement methodology for inpatient hospital services, in its Purchased Health Services chapter. The section is adopted with changes to the proposed text as published in the April 30, 1993, issue of the Texas Register (18 TexReg 2845). The justification for the amendment is to increase the 70% payment to 75% for outlier payment adjustments for admissions occurring in the 1994-1995 biennium (September 1, 1993, through August 31, 1995). The amendment will function by providing continued access to medically necessary inpatient hospital services. No comments were received regarding adoption of the amendment; however, DHS is adopting subsection (p)(1) to reinstate the following sentence, which was inadvertently omitted from the proposed text: "The per diem amount is established by dividing the full DRG payment amount by the arithmetic mean length of stay for the DRG." The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs 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. sec.29.606. Reimbursement Methodology for Inpatient Hospital Services. (a)-(o) (No change.) (p) Day and cost outliers. Effective for inpatient hospital services provided on or after July 1, 1991, the department or its designee pays day or cost outliers for medically necessary inpatient services provided to clients less than age one in all Title XIX participating hospitals and clients less than age six in disproportionate share hospitals, as defined by the department, that are reimbursed under the prospective payment system. For purposes of outlier payment adjustments, disproportionate share hospitals are defined as those hospitals identified by the department during the previous state fiscal year as disproportionate share hospitals. If an admission qualifies for both a day and a cost outlier, only the outlier resulting in the highest payment to the hospital is paid. (Note: This subsection does not address reimbursement for the provision of other necessary inpatient hospital services under the Early and Periodic Screening, Diagnosis, and Treatment program, as required by the Omnibus Budget and Reconciliation Act of 1989.) (1) To establish day outliers, the department or its designee first removes from the current base year data those admissions whose actual lengths of stay are greater than or equal to plus or minus three standard deviations from the arithmetic mean length of stay for each DRG. The department or its designee then recomputes the arithmetic mean length of stay and the standard deviations for each DRG. Inpatient days which exceed two standard deviations beyond the arithmetic mean length of stay for the DRG are eligible for a day outlier. Payment is based on 70% of a per diem amount of a full DRG payment. The per diem amount is established by dividing the full DRG payment amount by the arithmetic mean length of stay for the DRG. For admissions occurring in the 1994-1995 biennium (September 1, 1993-August 31, 1995), payment is based on 75% of a per diem amount of a full DRG payment. (2) To establish cost outliers, the department or its designee first determines what the amount of reimbursement for the admission would have been if the department or its designee reimbursed the hospital under similar methods and procedures used in Title XVIII of the Social Security Act, as amended, effective October 1, 1982, by Public Law 97-248, Tax Equity and Fiscal Responsibility Act (TEFRA). The department or its designee then determines the outlier threshold by using the greater of the full DRG payment amount multiplied by 1.5 or an amount determined by selecting the lesser of the universe mean of the current base year data multiplied by 11.14, or the hospital's standard dollar amount multiplied by 11.14. The hospital's standard dollar amount is the amount that the department or its designee uses to reimburse the hospital under the prospective payment system. The outlier threshold is subtracted from the amount of reimbursement for the admission established under the TEFRA principles. The department or its designee multiplies any remainder by 70% to determine the actual amount of the cost outlier payment. For admissions occurring in the 1994-1995 biennium (September 1, 1993, through August 31, 1995), the department or its designee multiplies any remainder by 75% to determine the actual amount of the cost outlier payment. (3) (No change.) (q)-(r) (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 10, 1993. TRD-9327064 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: August 31, 1993 Proposal publication date: April 30, 1993 For further information, please call: (512) 450-3765 Chapter 48. Community Care for Aged and Disabled 1915(c) Medicaid Home and Community-based Waiver Services for Aged and Disabled Adults Who Meet Criteria for Alternatives to Nursing Facility Care 40 TAC sec.sec.48.6001-48.6014, 48.6020 The Texas Department of Human Services (DHS) adopts new sec.sec.48.6001-48. 6014 and 48.6020. New sec.48.6001 is adopted with changes to the proposed text as published in the July 6, 1993, issue of the Texas Register (18 TexReg 4385). New sec.sec.48.6002-48.6014 and sec.48.6020 are adopted without changes to the proposed text and will not be republished. The justification for the new sections is to allow clients who have been determined eligible for nursing facility care to receive waiver services outside of institutions. The sections will function by providing home and community-based services as cost-effective alternatives to nursing facility placement for aged and disabled adults who choose to remain in the community. DHS received one comment from the Texas Association for Home Care supporting adoption of the new sections. DHS is adopting sec.48.6001 with a change to clarify that implementation of the waiver is contingent upon the approval of the Texas Board of Human Services. The new sections are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department 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. sec.48.6001. Introduction. The 1915(c) Medicaid Home and Community-based Waiver Program for Aged and Disabled Adults Who Meet Criteria for Alternatives to Nursing Facility Care will begin operation upon approval by the Texas Board of Human Services. 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 11, 1993. TRD-9327133 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: September 1, 1993 Proposal publication date: July 6, 1993 For further information, please call: (512) 450-3765