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 REGULATIONS 
 Part I. Railroad Commission of Texas 
  Chapter 5. Transportation Division 
  
  16 TAC sec.5.33 
 
  The August 31, 1993 edition of the Texas Register (18 TexReg 5838) printed the 
Railroad Commission of Texas' final adoption of 16 TAC sec.5.33. The rule's 
preamble, as well as the submission form, recited that the rule was being 
adopted without changes. This was an error, as there was one sentence of text 
added to the rule as adopted by the Commission. That additional sentence was 
added just prior to the certification sentence at the end of the adopted rule. 
   
  The Railroad Commission of Texas adopts an amendment to  sec.5.33, concerning 
regular contract carriers and truckload contract carriers, without changes to 
the proposed text published in the July 20, 1993, issue of the Texas Register  
(18 TexReg 4726). 
 The rule is adopted in order to conform the commission's regulations with 
enactment of Senate Bill 1313 by the 73rd Legislature, 1993, which amends the 
Texas Motor Carrier Act. The provisions of Senate Bill 1313 relating to this 
rule become effective January 1, 1994 and this rule will not become effective 
until January 1, 1994. 
 The amendment will clarify that a contract carrier permit may authorize 
transportation for no more than 10 shippers, while a truckload contract carrier 
permit may authorize transportation for an unlimited number of shippers. 
 Public comments regarding this rule generally suggested eliminating the portion 
of the rule stating that contract carriers may serve only 10 shippers, thus 
allowing regular contract carriers to serve an unlimited number of shippers. 
 The Texas Association for Competitive Transportation and the Shippers Oil Field 
Traffic Association made comments against the amendment. 
 The commission disagrees with the comments for the reason that the number of 
shippers a regular contract carrier may serve was not addressed by Senate Bill 
1313 and is the subject of a separate petition for rulemaking. In addition, the 
absence of any limitation on the number of shippers that may be served by a 
contract carrier would effectively give contract carriers the type of authority 
currently held by common carriers. 
 The amendment is adopted pursuant to Texas Civil Statutes, Article 911b, 
sec.4(a), which provide the commission with power and authority to prescribe all 
rules and regulations necessary for the government of motor carriers, and to 
supervise and regulate motor carriers in all matters affecting the relationship 
between such carriers and the shipping public. 
 
 
  sec.5.33. Contract Carriers.  A contract carrier permit shall not authorize 
the performance of transportation services for more than 10 shippers, unless it 
is issued to a truckload contract carrier as that term is defined in sec.5.46 of 
this subchapter. A truckload contract carrier permit cannot be limited as to the 
number of parties or eligible contracts to be served under such permit. 
 
  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 24, 1993. 
 TRD-9327815 
  Mary Ross McDonald 
 Assistant Director, Legal Division-Gas Utilities/LP Gas 
 Railroad Commission of Texas 
    Effective date: January 1, 1994 
 Proposal publication date: July 20, 1993 
         
               
  TITLE 19. EDUCATION 
 Part II. Texas Education Agency 
  Chapter 65. Technology 
  
  Subchapter A. Center for Educational Technology 
 
  19 TAC sec.sec.65.1-65.4 
 
  The Texas Education Agency (TEA) adopts new sec.sec.65.1-65.4, concerning the 
Texas Center for Educational Technology (TCET). Section 65.2 and sec.65.4 are 
adopted with changes to the proposed text as published in the June 18, 1993, 
issue of the Texas Register (18 TexReg 3914). Section 65.1 and sec.65.3 are 
adopted without changes and will not be republished. 
 The new subchapter replaces old Subchapter A, which is being repealed in a 
separate submission. The new rules change membership categories, requirements 
for participation in TCET, and the governance structure of the center. The 
change to sec.65.2(e) adds a financial contribution requirement for 
institutional members of TCET. The change to sec.65.4(a)(5) distinguishes the 
permanent and institutional membership categories. 
 New TCET membership requirements will encourage the private sector, including 
small businesses and professional educational entities, to participate more in 
the center. Also, by deleting membership fees for school districts, all 
districts will receive research information and research-based products from 
TCET. 
 One comment was received from the TCET governing board recommending the change 
adopted in sec.65.2(e). 
 The new rules are adopted under the Texas Education Code, sec.14.044, which 
authorizes the State Board of Education to promulgate rules concerning the 
administration, operation, and management of TCET. 
 
 
  sec.65.2. In-State Membership Categories. 
 
  (a) Corporate members shall contribute a minimum of $5,000 annually. This 
contribution shall be cash only. 
   
  (b) Supporting members shall contribute a minimum of $2,500 annually. This 
contribution may be cash or in-kind services. 
   
  (c) School district members shall not be assessed membership fees. 
   
  (d) Individual members shall contribute a minimum of $25 annually. 
   
  (e) Institutional members shall contribute a minimum of $50,000 annually. This 
contribution may be cash or in-kind services. 
 
     
  sec.65.4. Governing Board. 
 
  (a) The State Board of Education (SBOE) shall appoint the governing board of 
the Texas Center for Educational Technology (TCET), which shall consist of the 
following: 
 
  (1) up to five corporate members; 
   
  (2) up to two supporting members; 
   
  (3) up to four school district members; 
   
  (4) one member-at-large; and 
   
  (5) the following permanent representatives: 
 
  (A) a representative of each sponsoring institution of higher education, 
nominated by the president of each institution, respectively; 
   
  (B) a representative of the regional education service centers, nominated by 
the executive directors of the centers; and 
   
  (C) the commissioner of education or his or her designee. 
       
  (b) Members of the TCET governing board (except institutional representatives) 
shall serve three-year staggered terms. Institutional representatives shall 
serve one-year terms. 
 
  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 September 20, 1993. 
 TRD-9329075 
  Criss Cloudt 
 Director, Policy Planning and Evaluation 
 Texas Education Agency 
    Effective date: October 11, 1993 
 Proposal publication date: June 18, 1993 
 For further information, please call: (512) 463-9701 
         
           
  19 TAC sec.sec.65.10, 65.20, 65.25, 65.30, 65.35 
 
  The Texas Education Agency (TEA) adopts the repeal of sec. sec.65.10, 65.20, 
65.25, 65.30, and 65.35, concerning the Texas Center for Educational Technology 
(TCET), without changes to the proposed text as published in the June 18, 1993, 
issue of the Texas Register (18 TexReg 3915). The rules establish membership 
rules and a governance structure for TCET. A new Subchapter A is being adopted 
in a separate submission that changes membership categories, requirements for 
participation in TCET, and the governance structure of the center. 
 No comments were received regarding adoption of the repeals. 
 The repeals are adopted under the Texas Education Code,  sec.14.044, which 
authorizes the State Board of Education to promulgate rules concerning the 
administration, operation, and management of TCET. 
 
  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 September 20, 1993. 
 TRD-9329076 
  Criss Cloudt 
 Director, Policy Planning and Evaluation 
 Texas Education Agency 
    Effective date: October 11, 1993 
 Proposal publication date: June 18, 1993 
 For further information, please call: (512) 463-9701 
         
           Chapter 109. Budgeting, Accounting, and Auditing 
  
  Subchapter D. Adoptions by Reference 
 
  19 TAC sec.109.61 
 
  The Texas Education Agency (TEA) adopts an amendment to  sec.109.61, 
concerning the adoption by reference of Change 28 to the financial accounting 
manual (Bulletin 679) for school districts and regional education service 
centers without changes to the proposed text as published in the July 20, 1993, 
issue of the Texas Register (18 TexReg 4740). Schools will have current 
reference that complies with state and federal laws and current accounting 
requirements. 
 Change 28 restructures fund, revenue, fiscal year, and fund equity codes, 
providing enhanced fiscal information for federal and state categorical fund 
sources, and fund balance designations and reserves. Change 28 also updates 
Appendix D, accounting transaction examples, in relation to the restructured 
codes; updates federal program rules and regulations for the child nutrition 
program; and corrects minor technical errors. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under the Texas Education Code,  sec.11.29, which 
directs the commissioner of education to adopt annually a budget for operating 
the Foundation School Program, the Central Education Agency, and other programs 
for which the State Board of Education has responsibility. 
 
  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 September 20, 1993. 
 TRD-9329077 
  Criss Cloudt 
 Director, Policy Planning and Evaluation 
 Texas Education Agency 
    Effective date: October 11, 1993 
 Proposal publication date: July 20, 1993 
 For further information, please call: (512) 463-9701 
         
           Chapter 137. Professional Educator Preparation and Certification 
  
  Subchapter G. 1987 Program Requirements: Initial Certificates and Endorsements 
 
  19 TAC sec.137.194 
 
  The Texas Education Agency (TEA) adopts an amendment to  sec.137.194, 
concerning the teacher certificate-all-level, without changes to the proposed 
text as published in the June 18, 1993, issue of the Texas Register (18 TexReg 
3916). The rule lists the areas of academic specialization for this certificate. 
The amendment adds a new certificate for all-level theatre arts that will enable 
the theatre discipline to supply elementary schools with the theatre arts 
teachers necessary to teach the state-mandated elementary curriculum in addition 
to the secondary theatre arts curriculum. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under the Texas Education Code,  sec.13.032, which 
authorizes the State Board of Education to promulgate rules concerning the 
issuance of teaching certificates. 
 
  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 September 20, 1993. 
 TRD-9329078 
  Criss Cloudt 
 Director, Policy Planning and Evaluation 
 Texas Education Agency 
    Effective date: October 11, 1993 
 Proposal publication date: June 18, 1993 
 For further information, please call: (512) 463-9701 
         
               
  TITLE 28. INSURANCE 
 Part I. Texas Department of Insurance 
  Chapter 3. Life, Accident and Health Insurance and Annuities 
  
  Subchapter FF. Credit Life and Health Insurance 
 
  28 TAC sec.3.6011 
 
  (Editor's Note: Due to an error, this rule was not published in the September 
17, 1993 issue of the Texas Register.)          
   
  The State Board of Insurance of the Texas Department of Insurance adopts new 
sec.3.6011, concerning the responsibility and obligation of an insurer to 
provide a copy of a TDI-promulgated form entitled Consumer Bill of Rights for 
Credit Life, Credit Disability and Involuntary Unemployment Insurance to 
consumers, without changes in the proposed text as published in the June 23, 
1993, issue of the Texas Register (18 TexReg 4827). There are changes in the 
form filed with this proposed rule and incorporated by reference. The new form 
which is adopted under this rule and incorporated in the rule by reference is 
filed with the Office of the Secretary of State, Texas Register Section. The 
form can be obtained from the Texas Department of Insurance, Publications 
Department, MC 108-5A, P.O. Box 149104, Austin, Texas 78714-9104. A Spanish 
language version of the form will be promulgated at a later date. 
 The Texas Legislature has mandated that the Consumers Bill of Rights be 
proposed by the Office of Public Insurance Counsel and adopted by the State 
Board of Insurance in Insurance Code, Article 1.35A. Additionally, this bill of 
rights is needed in order to allow the insurance consumers to get as much 
information as possible when purchasing credit insurance in order to level the 
playing field in this increasingly complex area. Insurers are in desperate need 
of as much meaningful information as they can get about their rights and 
responsibilities in connection with credit insurance. 
 This section sets out the responsibilities and obligations of insurers to 
provide copies of the Consumer Bill of Rights for Credit Life, Credit Disability 
and Involuntary Unemployment Insurance to each insured. The section provides 
that all insurers must provide the Consumer Bill of Rights with each policy and 
certificate of credit life, credit disability and involuntary unemployment 
insurance. The Consumer Bill of Rights must also accompany each renewal notice 
for credit life, credit disability and involuntary unemployment insurance, 
unless the current version of that Consumer Bill of Rights has been previously 
provided to the insured by the insurer. Following the promulgation of a Spanish 
language version of the Consumer Bill of Rights, the Spanish language version 
will be provided to a consumer who requests one. A notice of the availability of 
the Spanish language version is included in the Consumer Bill of Rights. 
 The comments received, both written and oral, and the agency's response to the 
comments are summarized in the following paragraphs. The summaries of the 
comments and responses are listed for general comments relating to the form as a 
whole and for each section of the form to which the comments relate. 
 General Comments Relating to Printing and Distribution of the Rule. Comments 
were received stating that Article 1.35A(h)(7) does not require insurers to bear 
the expense of printing and distributing the bill of rights. A comment suggested 
that the syntax of the statute indicated that the insurer might be required to 
distribute the form, but there was nothing that indicated that the insurer was 
required to pay for the printing. Comments were made that the costs of printing 
would be substantial over a period of time. That commenter agreed, however, that 
the rule requires the Consumer Bill of Rights to be distributed only once and 
not every time there was a renewal. Nevertheless, that commenter stated that the 
cost would be thousands of dollars for insurers. Other comments indicated that 
consumers would ultimately bear the cost of printing and distribution of these 
forms. One commenter noted that the cost of printing and distributing would be 
$1.00 per page; however, this testimony was contradicted by estimates from 
another commenter who had contacted printers and found that the price would be 
substantially less than that. Comments were also received noting that Insurance 
Code, Article 1.35A(h) (7) did not refer to certificates and stating that the 
Consumer Bill of Rights published in the Register did not contain the word 
"certificates" although the rule referenced "certificate." These comments 
suggested that the bill of rights need not be distributed to certificate holders 
and that the board lacked authority to require distribution to holders of 
certificates. A comment was also made that the statute did not authorize a 
requirement for distribution of the Consumer Bill of Rights upon renewal. While 
there was initial confusion as to whether the Consumer Bill of Rights for credit 
required distribution upon all renewals, there was final agreement that the rule 
only requires distribution on renewal when insureds had not received a copy, 
and, therefore, only requires that the Consumer Bill of Rights be distributed 
once. Comments were made that the cost to the insurers would be greater than the 
anticipated costs stated in the Texas Register. One comment suggested there be a 
variable print size, so that the print could be merged in with the size print 
required for other forms of disclosure, and suggested that the type size be 
deemed readable or understandable. 
 The agency disagrees with these comments, except that the agency agrees with 
the comment that the printing costs would be less than $1.00 per page. The 
agency understands the concern about the cost of printing and distribution; 
however, Insurance Code, Article 1.35A(h)(7) provides that insurers distribute 
the form. It is unreasonable to believe that the legislature did not intend for 
the insurers to bear the cost of such distribution, including printing. There 
was no mention in the statute that the Office of Public Insurance Counsel (OPIC) 
or the Texas Department of Insurance distribute or print the form. The statute 
provides that the policy is to be distributed upon the issuance of the policy by 
insurers. The statute also provides authority for the board to issue rules to 
clarify any issues remaining unclear. It is, therefore, within the board's 
authority to place the burden of printing and distribution on the insurers in 
accordance with legislative intent. 
 The agency has treated certificate holders as policyholders when consistent 
with legislative intent. The agency did so with respect to the rules regarding 
notice of a 1-800 number rule, for example. The legislature apparently 
acquiesced in that interpretation as it made no change in the statutory language 
to restrict it during the last session. The agency believes that the legislative 
intent in enacting Insurance Code, Article 1.35A(h)(7) was that the bill of 
rights be made available to all consumers of credit insurance. 
 The legislature's intent in Article 1.35A(h)(7) appears to have been that 
consumers be advised of their rights. It does not appear reasonable, therefore, 
that the legislature could have intended to leave the ultimate consumer without 
this information when the legislature mandated that a consumer bill of rights be 
distributed. In order for the appropriate consumer to receive the information in 
connection with credit insurance and involuntary unemployment insurance, it is 
necessary that the information be furnished upon the issuance of certificates 
and upon renewal, if the insured has not already received the form. The 
documents filed with the board indicate that the consumer bill of rights filed 
for proposal by OPIC contained a reference to certificates. The proposed rule 
and the form filed with the proposed rule and incorporated by reference in the 
rule, referenced certificates. 
 The anticipated costs listed in the Texas Register were based upon estimates by 
companies of various sizes as to what they believed would be their costs. The 
agency believes that the anticipated expenses listed in the proposal are the 
reasonably anticipated expenses to the insurers. 
 The agency sympathizes with the desire to have uniform print in documents; 
however, the use of words such as "readable" or "understandable" without further 
definition would be difficult. Ten point type appears to be the most reasonable 
print size that could be selected and since the document will be available from 
the department in that print size, this appears to be a reasonable requirement. 
 General comments relating to the issue of whether Credit Insurance is a 
Personal Line of Insurance. Comments were made that the Consumer Bill of Rights 
in this area was not authorized by Article 1.35A(h)(7) because credit insurance 
is not a "personal line". The comments indicated that "personal lines" were 
limited to property and casualty lines. 
 The agency disagrees with these comments. The comments were apparently made 
with reference to the credit insurance areas of this Consumer Bill of Rights and 
not the involuntary unemployment insurance area. Comments prior to proposal of 
this rule for comment were that involuntary unemployment insurance is a property 
and casualty line. With respect to the credit life and credit disability 
insurance, the agency responds that the legislature intended for consumers who 
buy insurance to have information about their rights. The legislature could have 
limited the bill of rights to property and casualty lines, but did not do so. 
The agency believes that the legislature intended to distinguish between 
personal and commercial policies in using the term "personal lines." This intent 
is supported by the fact that there are two Texas circuit court of appeals cases 
which have recognized that credit insurance is personal insurance. One court 
case has discussed the fact that the parties to that case recognized life 
insurance as a "personal line" of insurance. Prior to 1963, credit life, health 
and accident insurance was defined as "personal insurance." For these reasons, 
the agency is of the opinion that this Consumer Bill of Rights is authorized by 
Article 1.35A. The agency is also of the opinion that this Consumer Bill of 
Rights is needed to guide consumers in the complex area of credit insurance, and 
provide them with a telephone number to which they can refer any questions 
raised in the Consumer Bill of Rights. 
 General comments relating to information concerning credit transactions. A 
number of comments indicated concern that the Consumer Bill of Rights contained 
information relating to the underlying credit transactions rather than credit 
insurance. Some of these comments indicated that the information was misleading, 
others believed that the bill of rights indicated that the Office of Consumer 
Credit Commission had jurisdiction over all these transactions although they did 
not, and many of the comments stated that the requirements relating to non-
insurance rights were duplicative of other statutory requirements for 
disclosure, might conflict with them if not updated to reflect revisions in 
these laws, and would mislead the consumer. The comments also stated that the 
board did not have the jurisdiction to regulate in these areas. One comment 
requested that the references to the Office of Consumer Credit Commissioner be 
deleted as there was no directive to involve that office in the bill of rights 
and references to it would be confusing and distracting to the consumer. A 
comment was also made that the banking commissioner has jurisdiction over these 
matters when a bank is involved in the underlying credit transaction. One 
comment noted that the cost to the Office of Consumer Credit Commissioner to 
answer calls was not added to the fiscal note. 
 A comment stated that even after revisions were made eliminating references to 
the Office of Consumer Credit Commissioner and eliminating Items 2 and 22 of the 
form originally proposed, the rights listed in the Consumer Bill of Rights will 
be duplicative of state and federal mandatory disclosure requirements for 
creditors. A chart was received showing these duplicative requirements. That 
comment also noted that the references to the underlying credit transactions 
would be misleading and inaccurate as there are different exceptions to various 
rights listed in the form. 
 Agency response. The agency disagrees with all of these comments. Specific 
details of these general comments will be discussed in the following paragraphs 
related to specific paragraphs of the form. Generally, the agency is of the 
opinion that the Consumer Bill of Rights is intended to provide general 
information to consumers about their credit insurance. In order to do so, some 
information regarding the underlying transactions must be included. It is 
necessary to deal with this information is a summary fashion and give the 
consumers telephone numbers where more information can be obtained. 
 This bill of rights is not intended to and does not regulate the underlying 
credit transactions. It merely provides information to the consumer about them 
in order that the consumer may understand the credit insurance issues more 
clearly. In order to do so, the consumer needs to have some information 
regarding the underlying transaction. This information is needed whether the 
underlying rights are found in state or federal statutory or regulatory 
provisions. It is true that these rights and, in some cases, the explanation of 
these rights may duplicate information available elsewhere, but it is necessary 
to place the information in the context of the purchase of credit insurance and 
involuntary unemployment insurance and provide the consumer with the information 
in one form. 
 The form has been revised to eliminate the references to the Office of Consumer 
Credit Commissioner as a result of comments, which should eliminate any 
perceived confusion in that area. The cost of answering calls for that agency 
was included in the cost to the state listed in the proposal for comment in the  
Texas Register. That cost will be reduced by this change. 
 Comment relating to Need for Consumer Bill of Rights With Specific Information. 
 Comments were received that stated that consumers needed the information 
contained in the Consumer Bill of Rights so that the information contained in 
the form could help level the playing field for consumers in a very complex 
marketplace. A comment stated that the Consumer Bill of Rights would help reduce 
misunderstandings between consumers and their insurers. A comment noted that 
Texas consumers, directly or indirectly, spent over $8,000 per family per year 
on various insurance products. Comments were made that the Consumer Bill of 
Rights should be as specific as possible and articulate all the rights so that 
the consumer would have those rights available when problems arose. This would 
be particularly true in the claims area. Comments were made that this form is 
within the legislative mandate of the legislature, is a comprehensive list of 
rights and should be particularly important in this area where consumers don't 
even understand that they are receiving an insurance product. 
 Response to comments relating to need for consumer Bill of Rights with specific 
information. The agency agrees that this Consumer Bill of Rights is needed 
because specific consumer education is necessary to level the playing field and 
give consumers fair access to the market in a very complex area and that it will 
provide assistance to consumers in purchasing credit and involuntary 
unemployment insurance. The agency believes this form balances the cost to 
insurers with the need for education of consumers. The legislature made the 
judgment that consumers needed as much meaningful information as they could get 
about their rights and responsibilities. The agency believes this is a sound 
document which achieves that end. 
 Comment relating to lack of authority to promulgate Consumer Bill of Rights 
under Article 5.96. One comment was received stating that there was a lack of 
authority to promulgate this rule under Article 5.96. 
 Agency response to comment relating to lack of authority to promulgate Consumer 
Bill of Rights under Article 5.96. The agency disagrees that this form is being 
proposed under Article 5.96. This rule is not being promulgated under Article 
5.96. It was proposed and it is being adopted under the Administrative Procedure 
and Texas Register Act, Texas Civil Statutes, Article 6252-13a. 
 Comments relating to the general tone and coverage of the consumer Bill of 
Rights, perceived redundancy and perceived inaccuracies. A number of comments 
were received complaining that the tone of the document was inflammatory, 
implied that consumers should be suspicious of insurers or creditors, was too 
broad and was misleading because it did not include more specific information 
about exceptions to the general comments made in the Consumer Bill of Rights. At 
the hearing a comment was made modifying an initial comment about the form. The 
comment stated that the initial comment appeared to be anti-disclosure and it 
should not have been. After reviewing the revisions, comments were made that the 
changes would be very helpful and would eliminate confusing and misleading or 
inaccurate information. Comments were made that the form should be made still 
shorter. It was suggested that the form not be over one page, printed on both 
sides. Comments were made that the form should eliminate all references to 
required credit insurance as that was relatively rare and that this would allow 
for a shorter form. Comments were made that a form of over one page would not be 
read. Comments were made that this form should be a general statement of rights 
and avoid specifics, particularly in the claims area. Comments were made that 
there should be disclosure, but that it should not be this lengthy, should not 
be redundant of other disclosures already required and that the form should be 
more general in nature. Comments were made that the rights should refer back to 
the underlying policy. 
 Agency response to comments relating to the general tone and coverage of the 
consumer Bill of Rights and perceived inaccuracies. The agency disagrees with 
these comments. These rights obviously have to be read in light of the 
underlying policies. The form is not intended to repeat the recitations of those 
policies nor to repeat all of the provisions of every law or regulation which is 
the source of the rights described. It was intended to tell consumers that these 
rights exist and to give them access to a telephone number to ask questions and 
seek further information. The tone of this form is not adversarial, but is 
designed to make certain that consumers know some general information about 
their rights. Where provisions of the bill of rights are inapplicable, the 
reasons for the inapplicability can be explained to consumers through telephone 
calls. It is better that some information be given so that consumers can have a 
basic awareness of their rights and the ability to seek further information than 
to leave out whole portions of the rights or make the document so lengthy that 
it is useless. There is no need to specifically refer back to the policy 
provisions. The references to the policy in the rights are sufficient. The 
Consumer Bill of Rights is prefaced with the statement that these rights are not 
all inclusive and that there may be exceptions to some of them. This caveat 
should be sufficient to allow consumers to know that further information must be 
sought if they have a question about the rights listed in the form. 
 Comments relating to the timing of the rule. There were comments which 
suggested that additional time be given to work out the details of this form. 
One comment stated that the Office of Public Insurance Counsel had two years in 
which to propose the rule and that the board was not seeking to adopt it too 
fast. 
 Agency response to comments relating to the timing of the rule. The agency 
disagrees with these comments. There were some necessary delays in placing this 
form before the public. Once the rule was brought forward, however, all 
statutory requirements have been met. Further, the board has allowed for oral 
comments prior to publication for comment and changes were made in the form as a 
result of those comments before it was published in the Texas Register. 
 There have been further revisions made in the document as a result of the 
comment period. The agency believes that as a result of these changes, the form 
is now a useful vehicle for consumers and should be adopted and implemented 
without further delay. 
 Comments relating to notice of availability of Spanish language version. A 
comment was made that to be consistent with changes made to other consumer bills 
of rights, this form should contain a notice that the Spanish language version 
would be available from the insurance company upon request. 
 Agency response to comments relating to notice of availability of Spanish 
language version. The agency agrees that this notice should be included in 
Spanish on the form and the form will be adopted with this change. 
 Comments relating to the Inclusion of Involuntary Unemployment Insurance. A 
comment suggested that Involuntary Unemployment Insurance should be exempted 
from this form. The comment noted that Involuntary Unemployment Insurance is 
covered in a different chapter of the Insurance Code, is regulated under a 
different line and that rates are treated differently for it so that there is 
really not a maximum rate. The comment stated that it should be treated 
separately if there is a need to have a bill of rights for it. 
 Agency response to comments relating to the inclusion of involuntary 
unemployment insurance. The agency disagrees with this comment. The agency 
believes that involuntary unemployment insurance should be covered by this form 
because of its relationship to credit insurance. 
 Comments relating to specific portions of the Consumer Bill of Rights. Comments 
which appeared to relate to specific portions of the Consumer Bill of Rights are 
summarized and responded to in the following paragraphs dealing with the 
specific item numbers in the bill of rights form. The numbers relate to the item 
numbers on the form as originally proposed. Due to changes adopted as a result 
of comments, the item numbers in the adopted form are different. 
 Comments relating to Introduction. Comments were received stating that the form 
should be identified as being proposed by OPIC and/or adopted by the Texas 
Department of Insurance as the insurers might otherwise be sued for the 
perceived inaccuracies and/or misleading information. Comments also suggested 
that it be made clear that the form is not a part of the policy, and that 
insurers were required to distribute it. One comment suggested that the insurer 
be allowed to make it clear to the policyholders where it disagreed with the 
document and express its opinions that the document may be misleading, 
inaccurately state the law and that the rights and obligations with its 
customers will be determined by the policy and applicable laws, although the 
comment noted that such conflicting communications should not be necessary. 
 Agency response. The agency agrees that there should be some identification of 
the adoption of the form by the agency, and acknowledgment that it is required 
to be distributed and that it is not a part of the policy, but disagrees with 
the comment that the insurer should be allowed to make comments in rebuttal to 
the form, within the form. The introductory paragraph will identify the bill of 
rights as having been adopted by the agency, will state that it is required to 
be provided when a policy is issued and will state that it does not become a 
part of the policy. The statute does not give the insurer the right to make 
comments in this bill of rights and in the opinion of the agency, this is not 
necessary. 
 Comments relating to item 1. Comments were received stating that this item of 
the form was incorrect because the agency could not determine the price as 
compared to the presumptive rate and that the state does not set a maximum rate. 
Comments noted that there was a long history of a desire on the part of industry 
for no control or approval of rates, including a test case on this issue. There 
is a statutory provision requiring that the rates must be reasonable in 
relationship of premium. 
 Agency response. The agency disagrees. Because the presumptive rate is approved 
by the agency and its approval includes approval of any downward deviations, and 
because upward deviations must be approved by the agency, the agency believes 
this Item should remain as written. 
 Comments relating to item 2. Some of the comments relating to duplicative, 
misleading and inaccurate statements about credit transactions dealt with this 
item. Specifically, comments were received stating that the consumer credit 
commissioner should be the entity to decide whether the rights enumerated in 
this item should be disclosed, that these rights related to credit transactions, 
not credit insurance, and were outside the jurisdiction of the board and that 
there was more than one "consumer credit commissioner" depending upon the 
lending entities and only one was mentioned. 
 Agency response. The agency agrees that some confusion may be caused by Item 2. 
This item has been omitted from the form as adopted and this should resolve any 
confusion that might have been caused by this item as originally proposed. 
 Comments relating to item 3. Comments expressed concern about Item 3 because 
the word "law" might have been confusing as consumers would not know the 
relevant statute. Comments also suggested that consumers would not know the 
meaning of "small insurance companies." 
 Agency response. The agency agrees with the comment concerning the word "law," 
but disagrees with the comment regarding "small insurance companies. " In order 
to avoid any confusion, the word "law" has been changed to "requirement." The 
phrase "small insurance companies" has been retained because if a consumer has a 
question about this, the consumer can receive the information through the use of 
the listed telephone numbers. The use of the phrase will alert the consumer to 
the possible exception. 
 Comments relating to items 4 and 5. Comments were received suggesting that the 
explanation of the cost of credit in Item 5 was confusing. One comment suggested 
that the phrase "total cost of credit" sounded like a down payment and might be 
confusing. One comment was made that if the information relating to required 
coverage was deleted, this Item and Item 4 would be more clear. 
 Agency response. The agency agrees with the comment concerning cost of credit, 
but disagrees with the remainder of the comments. Item 5 has been changed to 
provide a definition of total cost of credit which should clarify the statement. 
The agency believes that information regarding required coverage is very 
important to the consumers and should be included and there should be no 
deletion for required coverage. 
 Comments relating to item 6. Comments were received that this item implied that 
creditors were prone to making false statements and was inappropriate. One 
comment stated that this item should relate only to voluntary insurance. 
 Agency response. The agency disagrees with this comment. This item does not 
make any implications. It identifies prohibited activities about which the 
consumer should be advised. The agency believes this item should relate to 
required as we as voluntary insurance. 
 Comments relating to item 7. Comments were received that a consumer did not 
have the right to purchase other insurance policies unless credit insurance was 
required and that the item should not suggest that consumers consider purchasing 
term life insurance rather than credit life insurance. A comment was made that 
this item should be prefaced with a statement concerning its applicability if 
credit insurance was required. A comment suggests that this item does not list 
all the kinds of policies which could be obtained. 
 Agency response. The agency agrees that part of this item relates to mandatory 
coverage, but disagrees with the balance of the comments. The item has been 
changed to indicate that the last sentence regarding a notification of the right 
by the creditor relates only to instances where credit insurance is required. 
The right to purchase other insurance rather than credit insurance is not 
limited to that circumstance. The consumer is not told to purchase any kind of 
insurance by this item. He or she is merely advised of the right to do so which 
is the purpose of this Consumer Bill of Rights. It is not inappropriate, 
therefore, to advise the consumer of this right. The agency does not believe 
that all the kinds of substitute insurance that could be obtained need be 
listed. 
 Comments relating to item 8. Comments were received that this item repeated 
Item 5, did not apply to monthly outstanding balance insurance and that the word 
"before" should be changed to "contemporaneously" to more accurately describe 
the credit insurance transaction. ' 
 Agency response. The agency disagrees with this comment. Item 5 is the 
requirement to disclose the cost of credit and applies only when credit 
insurance is required. Item 8 is the requirement that a creditor disclose the 
cost of credit insurance and applies even if credit insurance is optional. 
Creditors are required to identify the method of computation for credit 
insurance on open end accounts. The disclosure would be of the rate as expressed 
as a percentage of the outstanding balance. On open end accounts disclosure is 
required before opening the account. On closed end accounts, disclosure must be 
made at the time of the contract. The consumer should be given the contract 
documents and the disclosure of the cost of the insurance before the consumer 
signs the contract documents. 
 Comments relating to item 9. Comments were received that these were creditor 
and not insurer requirements, that 45 days was not long enough, that the time 
limits were misleading, that people would not get the Bill of Rights until the 
policy is issued and therefore this right would not be useful and should be 
deleted, and that 45 days applies from the inception date of the loan and not 
when the consumer is given the application form. 
 Agency response. The agency disagrees with these comments, but one change has 
been made for clarification. The Consumer Bill of Rights is intended to give 
information to the consumer about the complete transactions relating to the 
purchase of the credit insurance. The transactions involve more than just the 
insurance. The 45 days is the maximum time allowed by the applicable statutes. 
While consumers will get the Consumer Bill of Rights at the time the policy is 
issued, the item needs to be listed in order to let the consumer know to check 
to see if they have all the relevant documents. The information will also be 
useful to the consumer in making the next insurance purchase. The agency is of 
the opinion that the language provides that the 45 days period begins when "you 
buy credit insurance." That will never be later than the purchase of the 
insurance since the insurance cannot be purchased until the loan is made. The 
agency does not believe this language is misleading. Of necessity, the 
information must be produced in a summary form and not all of the nuances 
involved in the purchase can be mentioned in the form. One change in the form 
was made for clarification as a result of a result of comment to indicate the 
policy or certificate will be sent if not received when the loan was made. 
 Comments relating to item 10. Comments were received that this item was 
misleading, that rates were not approved by the department, that this item did 
not accurately describe the scope of Article 3.53, and that forms were not 
approved by the department. 
 Agency response. The agency disagrees with these comments. This item lists a 
summary of the relevant rights. Forms are approved by the department. 
Presumptive rates are approved by the department and upward deviations from 
those rates must also be approved by the department. In that sense, rates are 
approved by the department, and item is not misleading. 
 Comments relating to item 11. Comments were received that premiums are not 
"fixed or approved" by the department, that this item does not pertain to any 
article in the Insurance Code, and should be omitted. 
 Agency response. The agency disagrees with this comment. Rates are approved by 
the department. Presumptive rates and any rates lower than presumptive rates are 
approved by the board and upward deviations from those rates must be approved by 
the agency prior to use. In this sense, Item 11 is correct. The technicalities 
of this statement must necessarily be left out of a summary statement such as 
the Consumer Bill of Rights and can be explained to the consumer through the use 
of the telephone numbers referenced in the form. 
 Comments relating to item 12. Comments were received that the rights listed in 
this item did not apply to mandatory coverage, that the refund may not be in 
cash and may be made as a credit on the debt, that the word "averaged" was 
incorrect in the final bullet and that the words "unless the insurance charge is 
billed in arrears" should be added after the last word. A comment was also made 
that credit card information and information regarding required insurance should 
be deleted to eliminate confusion. 
 Agency response. The agency disagrees with these comments, except for the 
comments that the refund may be made as a credit. The rights in this item do 
apply to mandatory coverage if the debtor acquires substitute coverage which the 
consumer always has the right to do. The reference to the refund has been 
changed as a result of this comment to indicate that the refund may be credited 
to the account immediately or when the loan is paid off. The board disagrees 
with the comment regarding the last bullet as it does not use the word 
"averaged". The board disagrees with the suggestion that the additional wording 
be added after the last word of the item as the suggested wording implies an 
absolute exception to the right. There is no such absolute exception. The agency 
is of the opinion that consumers know that amounts they already owe will still 
be owed and that the additional language is, therefore, unnecessary. The agency 
believes that mandated or required coverage should not be deleted. 
 Comments relating to Item 13. Comments were received suggesting that this item 
encouraged a breach of contract on the part of the insured, and that the right 
of cancellation did not exist. Comments also stated that no one has the right to 
breach a contract. 
 Agency response. The agency disagrees with these comments. Federal law provides 
that creditors can cancel insurance if the creditor changes insurance companies. 
The item lists the responsibility of the insurance companies and thus gives the 
consumer the information necessary to determine whether or not to acquiesce in 
the change or cancel the insurance. Exercising this right is not a breach of 
contract. 
 Comments relating to item 14. A comment was made that the beneficiary is always 
he creditor and this probably meant a second beneficiary, but that mention of 
this would probably be too confusing. 
 Agency response to comments relating to item 14. The agency believes this item 
should remain as written. 
 Comments relating to item 15. A number of comments were received suggesting 
that the timelines with respect to claims were not correctly stated and pointing 
out a number of contingencies that could occur to change these timelines. 
Comments suggested that there be a general statement of the right to have claims 
settled fairly and that no specifics be listed as they were too confusing. 
 Agency response. The agency disagrees with these comments. The complex 
deadlines of the prompt payment of claims statute cannot be completely set out 
in a summary document. The form's introduction states that the rights generally 
apply and that there may be exceptions. This item also prefaces the approval or 
denial of the claim with the word "generally." This item is sufficient to alert 
the consumer to the rights involved and provide sufficient information for the 
consumer to call to determine the specifics of the consumer's particular 
situation and how these rights apply to that situation. The agency believes the 
degree of specificity in this item is necessary to adequately inform the 
consumer of this right. 
 Comments relating to item 16. Comments suggested that the timelines were not 
accurate and were misleading and that in this item payment was not due two 
months after the date of death and that the claimant must prove entitlement to 
the proceeds. Comments were made that only general references be made about 
claims settlement without specifics. 
 Agency response. The agency disagrees with these comments. This is a summary 
document which sets forth the general rights. This item specifically references 
that the company must settle the claim within two months from the date it 
receives proof of death and proof that the claimant has the right to the 
proceeds. The agency believes that the degree of specificity in this item is 
needed. 
 Comments relating to item 17. Comments were received that this right is 
inapplicabe to credit claims because the amount of claim is fixed. Comments were 
received that suggested that the item would be misleading and would not take all 
circumstances of settlement into account. Comments were made that this provision 
be merged into a general description of the right to claims settlement that is 
fair and just. This approach would avoid changes when specifics of claims 
settlement, etc. were changed by the legislature. 
 Agency response. The agency disagrees with these comments. This item sets forth 
in summary fashion the rights applicable to settlement and does not cover all 
contingencies. It is not necessary that it do so as the form itself explains 
that these rights are stated in general terms and that exceptions may apply. 
There are situations in which this right would be applicable to credit claims 
because there are many disputes that arise about coverage in which the parties 
will attempt to settle the claim for less than the "fixed" amount. The agency 
believes the degree of specificity in this item is appropriate. 
 Comments relating to item 20. Comments were received that this item was 
inflammatory, that it encourages fraud, that it was misleading and eliminated 
some elements of fraud which were expressed in case law and that it was 
inaccurate. A comment was made that this should be worded not in terms of denial 
of a claim because a company can deny the claim, but in terms which indicate 
that the company cannot use these items as a defense. A comment was made that 
the statute states 90 days is a reasonable time for notification, however, that 
will be a fact question for the court. 
 Agency response. The agency disagrees with these comments. This item tracks the 
language of the applicable statutes. It is not an expression of the common law 
definition of fraud, but rather informs the consumer of the rights granted by 
statute. It does not encourage fraud by doing so. The agency believes the item 
correctly states the law and should not be reworded as suggested. 
 Comments relating to item 22. Comments were received that this item related to 
matters outside the jurisdiction of the board and that the board could not 
require that the Office of Consumer Credit Commissioner respond to complaints, 
and that there was more than one office which dealt with consumer credit. 
 Agency response. The agency agrees that this item might cause confusion as to 
which agency deals with consumer credit issues, but believes that the agency can 
set forth general rights for the consumer in this document. Because the 
reference to the Office of Consumer Credit Commissioner might be confusing, 
this, item has been omit from the adopted form. 
 Comments relating to item 23. Comments were received that this section was 
inflammatory, did not explore other options to lawsuits which would save money 
for consumers and insurers, encouraged lawsuits and implied that insurers had a 
propensity to violate consumer's rights. 
 Agency response. The agency disagrees with these comments. The item does not 
imply that insurers have a propensity to violate consumer's rights. It merely 
states that if such rights are violated, consumers may enforce those rights 
through lawsuits. It is true that this item does not list all alternatives to 
lawsuits. This could not be done in a summary document intended to give general 
information. The item does allow the consumer to know about the ability to 
protect consumer rights through litigation and provides a telephone number where 
consumers can obtain additional information. 
 A total of 11 written comments were received after the rule was published for 
comment. Additional comments were received at the public hearing on this 
section. The following organizations testified for and against the section. 
 FOR: 
 Consumers Union; 
 Office of Public Insurance Counsel. 
 AGAINST: 
 American Finance Life Insurance Company; 
 Transport Insurance Company and Affiliates; 
 Texas Legal Reserve Officials Association; 
 Independent Bankers Association of Texas; 
 Central National Life Insurance Company of Omaha; 
 American National Insurance Company; 
 Allstate Life Insurance Company; 
 Central States Health and Life Company of Omaha; 
 Consumer Credit Insurance Association; 
 American Health and Life Insurance Company; 
 Texas Life Insurance Association; 
 CUNA Mutual Insurance Company; 
 Texas Financial Services Association. 
 The new section is adopted under the Insurance Code, Articles 1.35A, 3.53, 
21.79E, and 1.04, and Texas Civil Statutes, Article 67252-13a, sec.4 and sec.5. 
The Insurance Code, Article 1.35A(h)(7) requires the Office of Public Insurance 
Counsel to submit to the department for adoption a consumer bill of rights 
appropriate to each personal line of insurance regulated by the board to be 
distributed upon the issuance of a policy by insurers to each policyholder under 
rules adopted by the department. Insurance Code, Article 3. 53 authorizes the 
board to issue such rules and regulations as it deems appropriate for the 
regulation of credit life insurance and credit accident and health insurance. 
Insurance Code, Article 21.79E authorizes the writing of involuntary 
unemployment insurance. Insurance Code, Article 1.04(b) provides the board with 
authority to determine rules in accordance with the laws of this state. Because 
this section involves personal lines of insurance and is mandated by Insurance 
Code, Article 1.35A(h)(7), and because that statute was enacted in recognition 
of the need for information by consumers in this complex field, this board is 
authorized and required to adopt a Consumer Bill of Rights for credit life, 
credit disability and involuntary unemployment Insurance. 
 Texas Civil Statutes, Article 6252-13a, sec.sec.4 and 5 authorize and require 
each state agency to adopt rules of practice setting forth the nature and 
requirements of available procedures, and prescribe the procedures for adoption 
of rules by a state administrative agency. 
 
  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 September 10, 1993. 
 TRD-9328680 
  Linda K. von Quintus-Dorn 
 Chief Clerk 
 Texas Department of Insurance 
    Effective date: October 1, 1993 
 Proposal publication date: July 23, 1993 
 For further information, please call: (512) 463-6327 
         
               
  TITLE 37. PUBLIC SAFETY AND CORRECTIONS 
 Part VII. Texas Commission on Law Enforcement Officer Standards and Education 
  Chapter 211. Administrative Division 
  
  37 TAC sec. 211.85 
 
  The Texas Commission on Law Enforcement Officer Standards and Education adopts 
an amendment to sec.211.85, concerning proficiency certificates, without changes 
to the proposed text as published in the August 6, 1993, issue of the Texas 
Register (18 TexReg 5199). 
 The amendment provides for the creation of a Master Peace Officer Certificate. 
The amendment to this section was adopted at the June 15, 1993, regular meeting 
of the Commission. Section 211.85 was adopted as Final Order 93-6. 
 Comments were received in support of the proposed amendment from the Texas 
Association of Police Personnel and the Chateau Woods Police Department. 
 The amendment is adopted under the Texas Government Code, Chapter 415, 
sec.sec.415.010(1), 415.010(10), 415.031, 415.032, 415.034, 415.035, 415.062, 
which provides the Texas Commission on Law Enforcement Officer Standards and 
Education with the authority to pass rules for the administration of Chapter 
415, and Texas Civil Statutes, Article 6252-13a, which taken together establish 
the procedures for the rulemaking requirements for the commission. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on September 17, 1993. 
 TRD-9329037 
  Fred Toler 
 Executive Director 
 Texas Commission on Law Enforcement Officer Standards and Education 
    Effective date: December 1, 1993 
 Proposal publication date: August 6, 1993 
 For further information please call: (512) 406-3613 
         
         Chapter 217. Licensing Requirements 
  
  37 TAC sec.217.10 
 
  The Texas Commission on Law Enforcement Officer Standards and Education adopts 
an amendment to sec.217.10, concerning the procedures and filing requirements 
for the psychological declaration, with changes to the proposed text as 
published in the August 6, 1993, issue of the Texas Register  (18 TexReg 5201). 
 The amendment provides for the elimination of the requirement for a new 
psychological examination when a department employee is transferred to another 
position within the same department. The amendment to this section was adopted 
at the June 15, 1993, regular meeting of the Commission. Section 217.10 was 
adopted as Final Order 93-3. The changes are the deletion in sec.217.10(b) of "a 
declaration expires one year after its effective date, unless withdrawn by the 
professional," and a change of the effective date for sec.217.10(a), (b), (f), 
and (g), as amended to October 15, 1993. 
 The following are comments received regarding adoption of the proposal. An 
individual comment was received requesting that the Commission omit the one year 
requirement to apply for a different license, after receiving an acceptable 
psychological declaration, if the applicant currently holds another type of 
TCLEOSE license and has been in continuous employment with the applying agency 
since receiving the acceptable psychological declaration. An individual comment 
was received recommending that the Commission omit the requirement in the rule 
that an employee changing assignments within the agency must undergo a new 
psychological examination; however, if the person changes agencies, he must be 
tested. 
 An individual comment was received requesting that the Commissioners consider 
changing or amending the rule to omit the requirement that an applicant going 
from one classification to another, i.e., jailer to deputy must take another 
psychological. 
 Written comments were received from the Young County Sheriff's Department and 
the Jefferson County Sheriff's Department, and an oral comment was received from 
the Montgomery County Sheriff's Department. 
 The amendment is adopted under the Texas Government Code, Chapter 415, 
sec.sec.415.010(1), 415.051 and 415.057, which provides the Texas Commission on 
Law Enforcement Officer Standards and Education with the authority to pass rules 
for the administration of Chapter 415. 
 
 
  sec.217.10. Psychological Declaration. 
 
  (a) An initial license applicant, a licensed officer, or county jailer who has 
had a 180-day break in service must undergo a psychological examination 
conducted pursuant to professionally recognized standards and methods. Neither 
the Government Code, Chapter 415, nor the rules of the commission require this 
examination to be conducted prior to a conditional offer of employment. This 
examination must be administered by an experienced professional who is a: 
 
  (1) licensed psychologist or psychiatrist, selected by the requesting agency; 
   
  (2) licensed physician recognized under exceptional circumstances; or 
   
  (3) qualified psychologist exempt from licensure by the Psychologist 
Certification and Licensing Act, sec.22, who is recognized under exceptional 
circumstances. 
     
  (b)  The declaration required by the commission is completed by the requesting 
agency and forwarded to the professional for completion, with information 
regarding the duties, responsibilities, and qualifications for the type of 
license and appointment sought. The chief administrator sends a copy of the 
current declaration to the commission. 
   
  (c) The chief administrator shall require the applicant or licensee to sign a 
waiver of confidentiality prior to sending the declaration to the commission. 
The chief administrator shall retain the waiver on file, pursuant to the 
agency's record retention program, or for as long as the individual is carrying 
a current appointment with the agency. 
   
  (d) The chief administrator shall notify the commission in writing within 10 
days of its receipt from the professional of a withdrawal of a declaration based 
on false, misleading, or incorrect information, by forwarding a copy of same to 
the commission. 
   
  (e)  The commission may require an initial license applicant or licensee to 
submit to another examination by a professional appointed by the commission 
within one year of the effective date of the declaration, or invalidate an 
existing declaration if it has cause to believe that: 
 
  (1)  the agency failed to follow commission rules relating to the declaration; 
or 
   
  (2)  the examinee, or the agency, has submitted a false or incorrect 
declaration. 
     
  (f) The chief administrator requesting approval from the executive director to 
be allowed to use a licensed qualified physician or a qualified exempt 
psychologist shall submit the declaration with written certification to the 
commission that the individual signing the declaration is qualified to 
administer the examination and that the agency is utilizing the physician or 
psychologist under allowable exceptional circumstances. The chief administrator 
shall be notified in writing if the request is not approved. 
   
  (g) For the purposes of this section, the licensing types and capacities 
referenced in this section may be reported in the declaration using one or more 
of the following capacities: 
 
  (1) peace officer, reserve law enforcement officer, and county jailer; 
   
  (2) peace officer and reserve law enforcement officer; 
   
  (3) county jailer; or 
   
  (4)  armed public security officer. 
     
  (h) The effective date of this section is March 1, 1993. The effective date of 
subsections (a), (b), (f), and (g) as amended is October 15, 1993. 
 
  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 September 17, 1993. 
 TRD-9329036 
  Fred Toler 
 Executive Director 
 Texas Commission on Law Enforcement Officer Standards and Education 
    Effective date: October 15, 1993 
 Proposal publication date: August 6, 1993 
 For further information please call: (512) 406-3613