Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 3. Boll Weevil Eradication Program Subchapter B. Establishment of Foundation Rules, Procedures, and Methods of Treatment 4 TAC sec.sec.3.20-3.24 The Texas Department of Agriculture (the department) adopts new sec.sec.3. 20- 3.24, concerning establishment of rules, procedures, and methods of treatment by the Texas Boll Weevil Eradication Foundation (the foundation), with changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4271). New sec. sec.3.20, 3.23, and 3.24 are adopted with changes. New sec.3.21 and sec.3.22 are adopted without changes and will not be republished. The new sections are adopted to meet the requirements of the new Texas Agriculture Code, sec.74.120, which was enacted by the 73rd Legislature, 1993, and which requires the department to adopt direction and guidelines for use by the Texas Boll Weevil Eradication Foundation in the development of the foundation's rules and zone eradication plans. New sec.3.20 is adopted with changes made for purposes of clarification. New sec.3.23 is adopted with changes made pursuant to comments submitted by the Texas Beekeepers Association (TBA). Section 3.23(d) has been changed to allow noncommercial (hobby) beekeepers to provide information regarding the location of hives to their local county agent. In addition, more specific procedures for providing information regarding eradication program zones from the foundation to beekeepers and for providing information regarding hive locations and contact persons from the beekeepers to the foundation have been added. The TBA also requested that language regarding establishment of more zone-specific rules for notification be added, including a 72-hour notice requirement to beekeepers to allow for movement of hives, as needed. While the department understands that there may be circumstances in which a beekeeper may require much advance notice in order to travel to move hives, it believes that those requests are already addressed in sec.3.23(b) and (c), which allow the foundation to adopt rules in special circumstances that go beyond the existing notification requirements found at Chapter 7. New sec.3.24 is adopted with changes primarily resulting from comments submitted by the Texas Consumers Union. Section 3.24(a) has been changed to make it consistent with proposed sec.3.24(f) which requires that actual trapping be used to monitor boll weevil and secondary pest populations. Section 3.24(b)(1) has been changed in response to comments by the Consumers Union and Texas Rural Legal Aid which requested the strengthening of the foundation's directive to cotton producers in regards to cotton stalk destruction. The department agrees that the strengthening of the foundation's directive is appropriate since the current stalk destruction law and regulations require compliance. Section 3.24(b)(2) has been changed to delete the word "undesired." The department agrees with the Consumers Union's comments that the proposed wording implies that some pesticide contamination would be desired. Section 3.24(b)(3) has been changed to clarify that cultural controls and other methods are to be considered as part of a treatment plan, as well as pesticides. Section 3.24(b)(6) has been changed to delete the word "unreasonable". The department agrees that the proposed wording implies that some adverse health affects are reasonable and that any adverse health effects of pesticides used should be considered by the foundation in the development of its zone plan. Section 3.24(b)(7) has been changed to clarify that where state and federal worker protection standards differ, the more stringent requirement is to apply. Section 3.24(b)(10) has been changed to replace the reference to the Texas Air Control Board and the Texas Water Commission with the Texas Natural Resource Conservation Commission, which has, effective September 1, 1993, combined those agencies and others into a new regulatory agency. Proposed sec.3.24(e) has been changed by relocating some language in that section as new subsection (e) for purposes of clarification, and renaming subsequent subsections accordingly as (f)-(h). Proposed sec.3.24(f) (adopted as sec.3.24(g)) has been changed to clarify that records of the amount of each pesticide used in the eradication program must be kept. The change makes this section consistent with the requirements of the Texas Agriculture Code, Chapter 74, Subchapter D. New sec.3.20 and sec.3.21 provide a general statement of purpose and establish the role of the department as the state agency responsible for monitoring and enforcing the boll weevil eradication program. New sec.3.22 provides definitions to be used in the new sections. New sec.3.23 provides general requirements for the foundation to follow for protection of individuals, livestock, wildlife, and honeybee colonies in eradication zones. New sec.3.24 provides more specific guidelines for the foundation to use in developing its rules and procedures for implementing the boll weevil eradication program and its methods of treatment for specific eradication zones. In addition to the comments noted above, comments generally supporting the new sections were provided by the Cotton and Grain Producers of the Lower Rio Grande Valley, Plains Cotton Growers, Inc., Rolling Plains Cotton Growers Association, South Texas Cotton and Grain Association, Southern Rolling Plains Cotton Growers Association, St. Lawrence Cotton Producers, the Texas Beekeepers Association, and Texas Cotton Producers, Inc. Other general comments received either in writing or in the course of five public hearings conducted by the department on the sections expressed concerns about the potential for malathion exposure of farmworkers and rural residents in the Rio Grande Valley due to the proximity of residences to cotton fields and the lack of awareness of Valley residents of risks involved in spraying of malathion. The department believes that these concerns are addressed in provisions for notification found in sec.3.23 and requirements for the evaluation of pesticides found in sec.3.24(b) and (d). One individual requested that consideration be given in the program to safety in the application of pesticides to prevent damage to land and livestock. The department believes these concerns are addressed in the requirement for hiring licensed applicators by the foundation found at sec.3.23(a) and in the requirements that applicators follow all state and federal requirements. Some general concerns regarding the implementation of the boll weevil eradication program, including the establishment of zones and conducting of assessment referenda, were submitted by the Texas Farmers Union. Also in addition to the comments noted above, Consumers Union submitted comments specifically relating to sec.3.21 and sec.3.22. In regards to sec.3.21, the Consumers Union stated concerns on the availability for review by the public of rules adopted by the boll weevil eradication program. The department believes that this concern is addressed by the provisions of the Texas Agriculture Code, sec.74.120, which requires that all rules adopted by the foundation be promulgated in accordance with state rulemaking requirements. In regards to sec.3.22, the Consumers Union stated a concern that these rules do not specify information regarding conducting of zone referenda. The department has promulgated, as Subchapter A of Chapter 3, specific rules regarding elections and referenda to be conducted by the foundation. Those rules were adopted on July 19, 1993, and were effective August 9, 1993. There were some specific comments that were submitted with which the department does not agree. Comments were submitted by the Consumers Union, Texas Rural Legal Aid, and the Chemical Connection requesting that new sec.3.23 include specific language extending the 1/4-mile limit found in the existing pesticide regulations regarding prior notification, and that, unlike the existing pesticide regulations, ground application be specifically covered for purposes of prior notification. In addition, the Chemical Connection also requested language requiring public notification, including posting and community-wide notification of the time and location of applications before and after applications. The department disagrees that additional language is required in sec.3.23 to mandate exceeding the requirements of the existing pesticide regulations because sec.3.23(c) specifically requires the foundation to establish any zone-specific rules needed in addition to existing notification regulations for each zone with special concerns. In addition, sec.3.24(e) also requires the foundation to consider additional methods of notification as appropriate for specific zones. In regards to sec.3.24, one commenter proposed that language be added regarding how the development of resistance by the boll weevil to pesticides used should be addressed. The department believes that while the possibility of development of resistance to pesticides used in the treatment plan should be considered by farmers and the foundation, that the determination of an appropriate course of action should be left to the foundation. In regards to sec.3.24(b)(4), one commenter requested that the total amount of product used and all contents in the product, and not just the amount of active ingredient used, should be taken into account and included in the treatment plan due to the hazards associated with some inert ingredients. The commenter also requested that the foundation be required to consider the purity of the pesticide product selected and the potential adverse health and safety effects any impurities may have. The department disagrees that the product amount, rather than the amount of active ingredient, should be considered by the foundation and included in zone treatment plans because the recognized method for recording pesticide use is by active ingredient, and to use total product would not allow for comparison with other use records being kept. Also, the commenter's concern regarding the content of inert ingredients would not be addressed by such a requirement as the information available to TDA and or the foundation is limited to the percentage of such ingredients and not their actual content. The actual contents or formulation is protected by patent and required to be provided only to the EPA. For these same reasons, the department further disagrees that the foundation should be required to consider the effects of impurities. In regards to sec.3.24(b)(6)-(10), one commenter suggested that the emphasis of these sections should be more on preventing damage and compensating victims of exposure and that the new sections should specify procedures to prevent damage. The department believes that preventing damage is addressed in other parts of the these regulations and that compensating victims is not an appropriate issue to be addressed in these rules. In regards to sec.3.24(c), one commenter requested that language be added to clarify that zone eradication plans should include procedures to be used to minimize the actual use of pesticides in the short-term as well as the long-term, in accordance with the intent of the enabling legislation to minimize use of pesticides and not just effects. The department believes that the language in sec.3.24(c) clearly meets the requirements of the enabling legislation in providing that plans must specify procedures that will be used to minimize the effect of the use of pesticides in long-term control plans. In regards to sec.3.24(d)(2), one commenter stated that there is not a clearly defined protocol to protect the public from pesticides used in the eradication program. The department disagrees with the comment that no protection is available to the public. These rules clearly require that applications be made in a manner consistent with existing state and federal laws; in addition, numerous precautionary analyses are required in the planning and implementation of eradication plans by the foundation. In the event of violations involving exposure to pesticides used in the eradication program, prosecution of such violations will be pursued. In regards to proposed sec.3.24(g) (adopted as sec.3.24(h)), one commenter requested that recordkeeping of additional pesticides applied by the farmer for secondary pests should be required. While the department agrees that such information would be useful, neither the department nor the foundation has the authority to require that such records be kept by farmers. Proposed sec.3.24(g) does, however, require that the foundation develop methods to assess insecticide use for other cotton pests. The new sections are adopted under the Texas Agriculture Code, sec.74.120, which requires the department to adopt rules to protect individuals, livestock, wildlife, and honeybee colonies on any premises being treated in an eradication zone and requires the department to adopt criteria for the foundation to follow in the development of its rules, procedures, and methods of treatment. sec.3.20. Statement of Purpose and Role of the Department. (a) It has been declared by the Texas Legislature in Senate Bill 30, 73rd Legislative Session, 1993, that the boll weevil presents a major economic threat to Texas' cotton crop and that it is necessary to create a Boll Weevil Eradication Foundation as a vehicle to provide for assessments of cotton producers, governing boards, and for establishing eradication zones in order to suppress and eradicate the boll weevil. It is also the intent of the Legislature that any program established for boll weevil eradication be carried out in a manner which incorporates the best available integrated pest management techniques, as well as other methods of eradication, and is implemented in a manner that poses the least possible risk to people, property, and the environment. (b) The Texas Department of Agriculture (the department), through the authority vested in the commissioner of agriculture (the commissioner), has been designated as the state agency responsible for general oversight of the implementation of Senate Bill 30 (enacted as the Texas Agriculture Code, Chapter 74, Subchapter B), including certifying the organization which will create the foundation, adopting guidelines, and other rules for implementation of the boll weevil eradication program, enforcing the provisions of Senate Bill 30 and any rules adopted thereunder, and approving programs or projects disbursement of funds by the foundation. (c) In accordance with the Texas Agriculture Code (the Code), Chapter 74, Subchapter D, sec.74.120, the commissioner is specifically charged with adopting rules to protect individuals, livestock, wildlife, and honeybee colonies on any premises located in an eradication zone on which cotton plants are being grown that have been or are being treated as part of the boll weevil eradication program. In addition, the commissioner is charged with adopting rules establishing criteria by which the Boll Weevil Eradication Foundation (the foundation) develops its own rules, procedures, and methods of treatment. This subchapter is intended to meet the requirements of the Code, sec.74.120. sec.3.23. Protection of Individuals, Livestock, Wildlife, and Honeybee Colonies. (a) Any applicator or applicators retained by the Boll Weevil Eradication Foundation (the foundation) to apply or cause to be applied pesticides for the purpose of eradication of the cotton boll weevil in an established zone will make such applications in accordance with the requirements of the Federal Insecticide Fungicide and Rodenticide Act (FIFRA), the Texas Pesticide Laws and Regulations, the pesticide label requirements of the product being used, the federal guidelines under the National Boll Weevil Cooperative Control Program (Environmental Impact Statement (EIS), Volumes 1 and 2,) and any other special provision provided for in this section. (b) The foundation shall establish procedures for each zone that are consistent with specific parts of the Texas Pesticide Regulations relating to prior notification and reentry into sprayed fields and found at sec.sec.7.25- 7.31 of this title (relating to Scope of Pesticide Application Standards; Notification Requirements; Worker Reentry Into Fields; Reentry Instructions; Forbidden Pesticide Practices; Reentry Intervals; and Establishing Reentry Intervals) to ensure compliance with requirements regarding prior notification and reentry. (c) The foundation shall establish any zone-specific rules needed in addition to the requirements of subsections (a) and (b) of this section after analyzing each zone for special identified risk to humans, livestock, wildlife, honeybee colonies, or the environment. Such analysis will allow for specific rules to be written by the foundation for each zone with special concerns. (d) Beekeepers must file the location of their hives and their address and phone number with the Chief Apiary Inspector, Apiary Inspection Service, Entomology Department, Texas A&M University, College Station, Texas 77843-2475, so that a list of beekeepers may be prepared for each county and furnished to the foundation. In lieu of filing the location of hives and names and addresses with the chief apiary inspector, any beekeeper may file such information with the county extension agent for the county in which hives are located. The foundation shall notify or cause to be notified beekeepers located adjacent to any fields being sprayed prior to the application at the earliest time possible to allow the beekeeper to restrict the bees leaving the hive or to move the hives until danger to the bees has diminished. In addition, the Foundation will make available the zone plans to any beekeeper upon request. sec.3.24. Guidelines for Establishment of Foundation Rules, Procedures and Methods of Treatment. (a) The foundation shall establish procedures for determining when boll weevil population levels have reached economic significance. The foundation will estimate boll weevil populations using generally accepted entomological methods, including, but not limited to pheromone traps and, when necessary, estimate weevil damage by examining the fruiting forms of cotton; and establish thresholds to determine when treatments are necessary. This will be done for each eradication zone and will encompass both the eradication phase as well as post-eradication. The foundation shall establish criteria to declare when eradication is complete. (b) The foundation shall establish a treatment regimen that seeks to provide the least possible risk to human health and the environment. The treatment regimen must consider all cultural controls; and, when the treatment regime must consider the use of pesticides, such pesticides must be considered on the basis of low toxicity and the least potential for environmental hazards. To achieve these objectives, the treatment regimen shall require, include or incorporate the following: (1) provisions mandating maximum compliance with stalk destruction requirements, and considering other appropriate cultural controls; (2) development of emergency response plans to minimize the health and environmental threat posed by accidental pesticide contamination; (3) selection of pesticides and other cultural controls or other methods based on the severity of boll weevil infestation, location of eradication zones, climatic conditions, and other factors that may contribute to the efficacy of the treatment; (4) specification of the duration, application rate and frequency, type of application, and total amount of the active ingredient used, taking into consideration cost per acre; (5) evaluation and selection of pesticides considering their acute and chronic toxicity, reproductive and developmental effects, acute and delayed neurotoxicological potential, and carcinogenic and other possible toxicological endpoints; (6) consideration of possible risks to workers, mixers, loaders, and applicators to ensure that occupational exposure (via all routes) to the pesticides does not cause adverse health effects; (7) assurance that adequate safety and protection are provided to workers consistent with state and federal worker protection standards by adhering to the precautionary statements and the reentry intervals, personal protective equipment, and other requirements of law, and where state and federal standards differ, by adhering to the more stringent requirement; (8) methods for informing the public of possible health risks that could result from exposure to the pesticides used; (9) working in cooperation with the U.S. Fish and Wildlife Service, the Texas Parks and Wildlife Department, and the department, consideration of the impact of pesticides' use on endangered, threatened, and non-target organisms (plants, aquatic, and wildlife) and their habitats and assurance that precautionary and remedial measures are considered to mitigate the exposure; and (10) cooperation with all agencies concerned including the U.S. Environmental Protection Agency, the Texas Parks and Wildlife Department, the Texas Department of Agriculture, and the Texas Natural Resources Conservation Commission, to furnish collected data and assist in further study of the fate, mobility, and persistence of pesticides and their metabolites in soil, water, and air, and assistance in establishing the strategies for their safe use and disposal. (c) The foundation shall develop a long-term control plan that will describe the methods to be used in each eradication zone for the purpose of eradicating the cotton boll weevil. The plan must specify the procedures that will be used to minimize the effect of the use of pesticides in long-term control plans. In developing the procedures to be used for minimizing the effects of the use of pesticides, the plan must consider the potential impact of each pesticide used in the boll weevil eradication program as conducted by the foundation on the following parameters: (1) human health and safety; (2) soils; (3) vegetation; (4) water quality of both surface and ground water; (5) air quality; (6) nontarget wildlife, domestic animals, and aquatic and insect species; and (7) other methods of control to be employed or considered for employment. (d) The foundation shall consider the acute and chronic toxicity of the particular pesticides used in the eradication program. In addition to the guidelines set forth in subsection (b)(5) of this section, the following parameters shall be considered by the foundation: (1) human exposure and risk analysis to: (A) the public; and (B) workers; (2) nontarget species analysis of: (A) terrestrial species; and (B) aquatic species; and (3) environmental fate. (e) In consideration of the analysis required by subparagraph (d)(1) of this section, and notification requirements provided for in sec.3.23 of this title (relating to Protection of Individuals, Livestock, Wildlife, and Honeybee Colonies), the foundation shall consider additional methods of notification, as appropriate for specific zones. (f) Subject to procedures established by sec.3.24(a), the foundation shall only treat or cause to be treated cotton fields which meet or exceed the approved treatment thresholds, and shall only treat with the appropriate amount of approved pesticides. (g) The foundation shall establish trapping strategies for monitoring boll weevils, and will specify the type of trap(s) to be used, trapping density, concentration of the trap attractant, trap inspection interval, and trapping duration. In addition, the foundation will list the secondary pests that occur in each eradication zone and will establish procedures to monitor them. In establishing such procedures, the foundation may utilize information from persons and/or organizations using existing, established procedures to monitor secondary pests. (h) The foundation shall establish methods for verifying pesticide use reduction resulting from the boll weevil eradication program as conducted by the foundation. The foundation shall maintain an annual record of total amount of each pesticide used in the eradication program in each eradication zone; shall conduct an evaluation at the end of each year of pesticide use in the boll weevil eradication program, and maintain the most recent date, when available. For other insecticides used, the foundation shall develop methods to assess insecticide use for other cotton pests. 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 24, 1993. TRD-9329419 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: October 15, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 463-7583 TITLE 19. EDUCATION Part I. Texas Higher Education Coordinating Board Chapter 21. Student Services Subchapter C. Hinson-Hazlewood College Student Loan Program for all Loans Which are Subject to the Provisions of the Guaranteed Student Loan Program, the College Access Loan Program, the Health Education Assistant Loan Program, and the Health Education Loan Program 19 TAC sec.21.57 The Texas Higher Education Coordinating Board adopts an amendment to sec.21.57 concerning loan limits, without changes to the proposed text as published in the June 8, 1993, issue of the Texas Register (18 TexReg 3606). The rules will be brought into compliance with the new federal loan limits and the amendment it will keep the program competitive in filing the needs of students. Increasing the annual and aggregate limit for CAL loans will help many student stay in school who, without such assistance, might have to drop out. The 1992 Amendments to the federal Higher Education Act of 1965 increased the maximum amounts for this program. The amendments would bring the Hinson- Hazlewood rules into compliance with the new federal loan limits. The loan limits in the College Access Program are not controlled in the same way as are those for the federal guaranteed program. The amendments are being made to keep the program competitive in filing the needs of students. The amendments to the rule will increase the annual and aggregate limit for College Access Loan (CAL) loans. The CAL is primarily made to students from middle income families that have difficulty meeting the contribution to the student's budget as determined by an analysis of the family's financial condition. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, sec.52.54, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning the Hinson-Hazlewood College Student Loan Program (Loan Limits). 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 21, 1993. TRD-9329414 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: October 15, 1993 Proposal publication date: June 8, 1993 For further information, please call: (512) 483-6160 19 TAC sec.21.61 The Texas Higher Education Coordinating Board adopts an amendment to sec.21.61 concerning loan origination fees and insurance premiums, without changes to the proposed text as published in the June 8, 1993, issue of the Texas Register (18 TexReg 3606). The loan will be disbursed and paid to the United States Department of Education quarterly. The Higher Education Amendments of 1992 established a loan origination fee for Federal Supplemental Loans. The fee is currently set at 5.0% of amount of loan and is subject to change annually. It must be withheld when the loan is disbursed and paid to the United States Department of Education quarterly. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, sec.52.54, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning the Hinson-Hazlewood College Student Loan Program (Loan Origination Fee and Insurance Premiums). 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 21, 1993. TRD-9329415 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: October 15, 1993 Proposal publication date: June 8, 1993 For further information, please call: (512) 483-6160 Subchapter E. Tuition Equalization Grant Program 19 TAC sec.sec.21.123, 21.124, 21.125, 21.126, 21.132 The Texas Higher Education Coordinating Board adopts amendments to 21.123, 21.124, 21.125, 21.126, and 21.132, concerning Tuition Equalization Grant Program. Sections 21.123 and 21.124 is adopted with changes to the proposed text as published in the June 8, 1993, issue of the Texas Register (18 TexReg 3606). Sections 21.125, 21.126, and 21.132 are adopted without changes and will not be republished. The amendments are intended for clarification, they are non-substantive and only intended for "clean-up" purposes. The proposed amendments are non-substantive and are only intended as "clean-up" measures. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Education Code, sec.61.229, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning the Tuition Equalization Grant Program. sec.21.123. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Financial need -The cost of attendance at an institution of higher education less the expected family contribution and any gift aid for which the student is entitled. The cost of attendance and family contribution are to be determined in accordance with the board guidelines. The cost of attendance includes tuition, fees, educational materials, and living expenses. Resident of Texas-A resident of the State of Texas, as determined by the board. No residents eligible to pay resident tuition rates are excluded from this program. Tuition at a public college or university -The total amount of tuition charges that would have been required of the student under the provisions of the Texas Education Code, sec.54.051, as amended, had the student attended a comparable public junior or senior college or university in Texas. sec.21.124. Approved Institutions. (a)-(e) (No change.) (f) Discrimination prohibited. No person shall, on the grounds of race, color, national origin, gender, religion, age or disability, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any provisions of this program. All transactions, including admissions and student employment, with respect to the Act, shall be made in compliance with Title VI of the Civil Rights Act of 1964. 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 21, 1993. TRD-9329417 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: October 15, 1993 Proposal publication date: June 8, 1993 For further information, please call: (512) 483-6160 Subchapter E. Tuition Equalization Grant Program 19 TAC sec.21.129 The Texas Higher Education Coordinating Board adopts new sec.21.129 concerning use of grant funds, without changes to the proposed text as published in the June 8, 1993, issue of the Texas Register (18 TexReg 3606). The new rule is needed for clarification, it is not non-substantive and only intended for "clean-up" purposes. The new rule is non-substantive and is only intended as a "clean-up" measure. No comments were received regarding adoption of the new section. The new section is proposed under the Texas Education Code, sec.61.229, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning the Tuition Equalization Grant Program. 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 21, 1993. TRD-9329416 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: October 15, 1993 Proposal publication date: June 8, 1993 For further information, please call: (512) 483-6160 Subchapter S. Vocational Nursing Student Scholarship Programs 19 TAC sec.21.593 The Texas Higher Education Coordinating Board adopts an amendment to sec.21.593 concerning definitions, without changes to the proposed text as published in the June 8, 1993, issue of the Texas Register (18 TexReg 3606). The amendment will enable tests to not be as varied to rely upon as a criteria in awarding scholarships among schools. There is a wide variety of tests used for helping institutions to make admissions decisions in vocational nursing programs. The tests are too varied to rely upon as a criteria in awarding scholarships among schools. There is too much variation of tests for the results to be helpful in the awarding of scholarships in a statewide program. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, sec.61.656, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning the Vocational Nursing Student Scholarship Program (Definitions). 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 21, 1993. TRD-9329418 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: October 15, 1993 Proposal publication date: June 8, 1993 For further information, please call: (512) 483-6160 TITLE 22. EXAMINING BOARDS Part V. Texas State Board of Dental Examiners Chapter 101. Dental Licensure 22 TAC sec.101.7 The Texas State Board of Dental Examiners adopts an amendment to sec.101.7, without changes to the proposed text as published in the June 18, 1993, issue of the Texas Register (18 TexReg 4008). The section allows increased access to dental licensure, thereby increasing access to dental care to the people of Texas. The adopted section states that the Texas State Board of Dental Examiners may license applicants by credentials, without examination, who meet all TSBDE and State of Texas minimum applicant requirements and general licensure qualifications and all criteria as stated. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4545a, which provide the Texas State Board of Dental Examiners with the authority to adopt and enforce such rules and regulations not inconsistent with the laws of the state as may be necessary for the performance of its duties and/or to ensure compliance with the state laws relating to the practice of dentistry to protect the public health and safety. 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 22, 1993. TRD-9329388 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Effective date: October 15, 1993 Proposal publication date: June 18, 1993 For further information, please call: (512) 463-6400 Part XII. Board of Vocational Nurse Examiners Chapter 235. Licensing Application for Licensure 22 TAC sec.sec.235.5-235.7, 235.9, 235.11, 235.14-235.16 The Board of Vocational Nurse Examiners adopts the amendments to sec.sec.235. 5-235.7, 235.9, 235.11, and 235.14-235.16, regarding Application for Licensure, without changes to the proposed text as published in the August 17, 1993, issue of the Texas Register (18 TexReg 5464). The rules are adopted to comply with the revisions of the Vocational Nurse Act effective September 1, 1993. No comments were received concerning adoption of the rules. The rules are adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provides 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 September 21, 1993. TRD-9329237 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: October 13, 1993 Proposal publication date: August 17, 1993 For further information, please call: (512) 835-2071 Part XXI. Texas State Board of Examiners of Psychologists Chapter 461. General Rulings 22 TAC sec.461.11 The Texas State Board of Examiners of Psychologists adopts amendment to sec.461.11 concerning continuing education, July 9, 1993, with changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4441). The amendment is necessary to conform to continuing education requirements as required by the 73rd Legislature. The amendment will allow the Board to identify what meetings, workshops, seminars, courses, publications, etc. will qualify as continuing education requirements and to gather the documentation necessary to ensure the requirements of the 73rd Legislature are being followed. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners 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. sec.461.11. Continuing Education. (a) Requirements. All certificands/licensees of the Board are obligated to continue their professional education beyond the years of formal degree related training. Each certificand/licensee is required to obtain 12 hours of continuing education credits per year. These 12 hours must be received from programs as detailed in paragraphs (1) and (2) of this subsection with a minimum of four hours of continuing education received from a formal continuing education program as defined in paragraph (1) of this subsection. (1) Formal Continuing Education Program. Attendance and completion of relevant formally organized accredited workshops or courses or presentation of such a workshop or course for a one-time credit only. There must be a pre-assigned number of continuing education credit hours under the auspices of: (A) regionally accredited institution of higher education; (B) American Psychological Association; (C) Regional Psychological Association; (D) State Psychological Association; (E) Local Psychological Associations; (F) other recognized professional bodies or groups. (2) Other Continuing Education Experiences. The Board will accept a maximum of eight hours of continuing education received from the five categories of continuing education experiences found in this paragraph. The categories of continuing education experiences and the number of hours of continuing education for each category are as follows. (A) Meetings. Registered attendance at relevant professional meetings (international, national, regional, state, local). Three hours per day. (B) Workshops, seminars, and courses. Registered attendance at relevant non- accredited workshops, seminars or academic courses. Number of preassigned hours. (C) Publications. Books, articles published by applicant in relevant professional books, journals, or periodicals. Three hours in a non-refereed journal; six hours in a refereed journal. (D) Presentations. Presentations by applicant at relevant professional meetings (international, national, regional, state, or local). Number of clock hours for a maximum of three hours per presentation. (E) Individual Study. Self-study of professional materials including relevant books, journals, periodicals, tapes, and other materials, and preparation of relevant lectures and talks to public groups. Preparation credit may not be claimed under this category for presentations credited under paragraph (1) of this subsection. Four hours maximum. (3) Experience Not Acceptable for Continuing Education. The Board will not consider personal psychotherapy, workshops for personal growth, or services to professional associations as meeting the requirements for continuing education. (b) Banking. Continuing education hours received from formal continuing education programs (See subsection (a)(1) of this section) may be stored or banked over a three year period. For example, if a formal continuing education program offering 30 hours is taken in one year, up to 12 hours may be submitted for that year and the remaining hours saved for distribution over the next two years. (c) Documentation. The Board will accept as documentation of continuing education: (1) for hours received from Formal Continuing Education Programs (see subsection (a)(1) of this section), certificates of attendance/completion will be required for attendees. Copies of the program announcement will be required from presenters; (2) for hours received from other continuing education experiences (see subsection (1)(2) of this section) a registration receipt from the workshop, seminar, course and/or meeting will be required; the table of contents or the article in its entirety will be required for publications/presentations. (d) Audit. Licensees/certificands will sign a declaration on their renewal form stating that they have met the continuing education requirements, and they will maintain continuing education records for five years. The Board will audit 10% of licensees/certificands each year for compliance with the continuing education requirements. 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 21, 1993. TRD-9329401 Rebecca E. Forkner Acting Executive Director Texas State Board of Examiners of Psychologists Effective date: October 15, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 835-2036 Chapter 463. Applications 22 TAC sec.463.3 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.463.3 concerning date of completion of requirements, without changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4442). The amendment is necessary to clarify the definition of the degree conferral date for the purpose of application for certification as a psychologist or licensure as a psychological associate. The amendment will clarify the actual date accepted for completion of degree requirements by applicants for certified psychologist or psychological associate by the Board. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners 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 September 21, 1993. TRD-9329402 Rebecca E. Forkner Acting Executive Director Texas State Board of Examiners of Psychologists Effective date: October 15, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 835-2036 22 TAC sec.463.6 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.463.6 concerning experience, without changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4442). The amendment is necessary to clarify the requirements for applicants in a school psychologists internship setting, to clarify the experience requirements for designation as a health service provider in psychology as granted by the Board, and to clarify the status of persons under the supervision of a psychologist under an Agreed Order or Order of the Board. The amendment will allow potential applicants for Licensure to place themselves in appropriate work settings to obtain experience acceptable to the Board. The Board received opposition to separate internship or supervision criteria for school psychologists as school psychologists are professional psychologists whose practice requires the same level of training as that required of other professional psychologists. Setting up separate guidelines for internships in school systems and making those who take such internships ineligible for Health Service Provider status goes against a well established national consensus. The requirement that the internship agency have a minimum of two full-time equivalent interns is not always possible. It is rare to have more than one intern. Many school psychology internship agencies, i.e. public schools, do not have the equivalent of two full-time psychologists as primary supervisors. This requirement will limit training to large urban school districts. The rule appears to be discriminatory and excludes a class of psychologists from independent practice. It does not allow interns participating in school pre- doctoral internship programs that meet the criteria of sec.463.6(A) or (B) to be recognized as Health Service Providers or to participate in independent practice. Concerning the definition of school psychology, to define a specialty in terms of its setting is narrow and rigid. Commenting against the new rule were the following: Texas Woman's University, University of Texas at Austin, Texas A&M University, and Houston Independent School District. The adopted rule is in response to the needs of those persons being trained to fulfill their internship requirements in school psychology. The Board believes that a setting for internship must have two interns on site as well as two psychologists on site to meet national requirements. Consortia may be used to satisfy these requirements. Assuming that pre-doctoral interns are going with a program labeled school psychology, it is the persons choice to choose which area to do their internship in. The Board rule does not define school psychology, and the Board does not intend it to do so. No comments were received regarding 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 September 21, 1993. TRD-9329403 Rebecca E. Forkner Acting Executive Director Texas State Board of Examiners of Psychologists Effective date: October 15, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 835-2036 22 TAC sec.463.12 The Texas State Board of Examiners of Psychologists adopts the repeal of sec.463.12 concerning termination application, without changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4443). The repeal of this rule is necessary as it is covered by another rule and is, therefore, redundant. sec.The repeal of this rule will make the rules and regulations easier to understand and to follow for certificands, licensees, and the general public. No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Civil Statutes, Article 4512c, which provides 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 September 21, 1993. TRD-9329404 Rebecca E. Forkner Acting Executive Director Texas State Board of Examiners of Psychologists Effective date: October 15, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 835-2036 22 TAC sec.463.21 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.463.21 concerning doctoral applicants taking exam at master's level, without changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4443). The amendment is necessary to remove the time limit for doctoral applicants who have already taken the Examination for the Professional Practice of Psychology at the master's level. The amendment will allow qualified doctoral level applicants who have already passed the Examination for the Professional Practice of Psychology to complete their certification/licensure applications in a more timely manner. No comments were received regarding 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 September 21, 1993. TRD-9329405 Rebecca E. Forkner Acting Executive Director Texas State Board of Examiners of Psychologists Effective date: October 15, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 835-2036 22 TAC sec.463.22 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.463.22 concerning applicants having taken the professional examination, without changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4444). The amendment is necessary to amend the designation of applicants from other states who have already taken the Examination for the Professional Practice of Psychology. The amendment will clarify the rules and regulations of the Board making them easier to understand for certificands, licensees, and the general public and will make the rule more in line with current statutes. No comments were received regarding 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 September 21, 1993. TRD-9329406 Rebecca E. Forkner Acting Executive Director Texas State Board of Examiners of Psychologists Effective date: October 15, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 835-2036 Chapter 465. Rules of Practice 22 TAC sec.465.7 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.465.7 concerning status of psychological associates, without changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4444). The amendment is necessary to more accurately reflect the Board requirements and the standards of the profession. The amendment will put everyone on notice that Psychological Associates do have to be under supervision in order to perform psychological services. No comments were received regarding 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 September 21, 1993. TRD-9329407 Rebecca E. Forkner Acting Executive Director Texas State Board of Examiners of Psychologists Effective date: October 15, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 835-2036 22 TAC sec.465.14 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.465.14 concerning display of license/certificate and renewal permit, without changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4444). The amendment is necessary to include certifcands, as well as licensees, regarding the display of renewal permits rather than notices. The amendment will clarify that the Board requires certificands, as well as licensees, to display their renewal permits. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Civil Statutes, Article 4512c, which provides 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 September 21, 1993. TRD-9329408 Rebecca E. Forkner Acting Executive Director Texas State Board of Examiners of Psychologists Effective date: October 15, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 835-2036 22 TAC sec.465.18 The Texas State Board of Examiners of Psychologists adopts repeal of sec.465.18 concerning supervision guidelines, without changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4445). The repeal of this rule is necessary in order to be replaced by a rule which more accurately reflects the Board's requirements and professional standards. The repeal of this rule will mean that licensees/certificands of the Board will no longer have to adhere to this rule. No comments were received regarding adoption of the repeal. The repeal 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 September 21, 1993. TRD-9329409 Rebecca E. Forkner Acting Executive Director Texas State Board of Examiners of Psychologists Effective date: October 15, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 835-2036 The Texas State Board of Examiners of Psychologists adopts new sec.465.18 concerning supervision, without changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4445). The new rule will is necessary to adopt guidelines that more closely match the current practice of the profession. The new rule will inform licensees/certificands of the Board that the licensed psychologist supervisor is responsible for the professional supervision of psychological extenders and that supervision must be provided according to accepted professional standards. The comments received welcomed the rule. The new rule would allow flexibility in the hiring and compensation arrangements for extenders of psychological services and would allow the supervising psychologist to use appropriate professional judgment in deciding the type and amount of supervision to be given for those of different levels of expertise. The rule would also enhance the employability of psychological associates by removing restrictions which were felt to be unnecessary. The Texas Psychological Association made the comments for the rule. The agency does not disagree with the comments received. The new rule is adopted under the Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners 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 September 21, 1993. TRD-9329410 Rebecca E. Forkner Acting Executive Director Texas State Board of Examiners of Psychologists Effective date: October 15, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 835-2036 22 TAC sec.465.34 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.465.34 concerning legal actions reported, without changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4445). The amendment is necessary to include licensees and certificands regarding legal actions taken and the reporting of such and to clarify which legal actions need to be reported to the Board. The amendment will help assure the ethical and legal practice of psychology by requiring licensees/certificands to report any legal actions taken against them or a licensee's practice of psychology to the Board. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Civil Statutes, Article 4512c, which provides 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 September 21, 1993. TRD-9329411 Rebecca E. Forkner Acting Executive Director Texas State Board of Examiners of Psychologists Effective date: October 15, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 835-2036 Chapter 469. Specialty Certification 22 TAC sec.469.3 The Texas State Board of Examiners of Psychologists adopts the repeal of sec.469.3 concerning criteria guidelines for defining supervised experience in an organized health service training program, without changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4446). The repeal of this rule is necessary to further streamline the rules and regulations and to do away with redundancy within the rules. The repeal of this rule will eliminate redundancy within the rules of the Board and make them easier to follow and understand for licensees, certificands, and the general public. No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Civil Statutes, Article 4512c, which provides 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 September 21, 1993. TRD-9329412 Rebecca E. Forkner Acting Executive Director Texas State Board of Examiners of Psychologists Effective date: October 15, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 835-2036 Chapter 473. Fees 22 TAC sec.473.5 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.473.5 concerning miscellaneous fees, without changes to the proposed text as published in the July 16, 1993, issue of the Texas Register (18 TexReg 4616). The amendment is necessary to set a fee for hand scoring of the Jurisprudence Examination and to increase the amount charged for returned checks. The amendment will generate adequate funds to function efficiently and to ensure that the Board has an adequate cash balance to carry out the mandates of the Psychologists' Certification and Licensing Act. No comments were received regarding 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 September 21, 1993. TRD-9329413 Rebecca E. Forkner Acting Executive Director Texas State Board of Examiners of Psychologists Effective date: July 16, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 835-2036 TITLE 30. ENVIRONMENTAL QUALITY Part I. Texas Natural Resource Conservation Commission Chapter 330. Municipal Solid Waste Subchapter Q. Memorandum of Understanding and Joint Rules with Other Agencies 30 TAC sec.330.732 The Texas Natural Resource Conservation Commission (TNRCC) adopts new sec.330.732, concerning the adoption of a memorandum of understanding by reference. Section 330.732 was adopted with changes to the proposed text as published in the August 10, 1993, issue of the Texas Register (18 TexReg 5303). The proposed text was amended to reflect the transition from the Texas Water Commission to the TNRCC. The memorandum of understanding adopted by reference complies with the Environmental Protection Agency's (EPA) requirements as delineated in sec.239.9 of the draft State/Tribal Implementation Regulations (STIR). The STIR provides states with requirements which must be met in order to demonstrate that they have incorporated the recent federal amendments to Subtitle D of the Resource Conservation Recovery Act of 1976, as amended (42 U.S.C.A., sec.6901 et seq.). By publication in the June 18, 1993 Texas Register (18 TexReg 4023), the TNRCC adopted new Chapter 330, Subchapters A-L in order to incorporate the new federal requirements which were adopted by the EPA on October 9, 1991 (Volume 56, Number 196 Federal Register). These new federal requirements set forth revised minimum federal criteria for municipal solid waste landfills. Both the federal rules and the newly adopted Chapter 330 rules are effective on October 9, 1993, excluding a delayed implementation date for financial assurance requirements in Subchapter K. Section 239.9 of the STIR requires those states intending to administer the federal Subtitle D program to provide for intervention in the state civil enforcement process. The memorandum of understanding, which is adopted by reference contains the TNRCC's and Office of the Attorney General's policies in regard to intervention in the civil enforcement process. Section 330.732 adopts the memorandum of understanding by reference and provides the public with information on how to obtain a copy of this document. The TNRCC convened a public hearing on September 9, 1993, to receive public comments on proposed sec.330.732, and did not receive any comments. The new section is adopted under the Texas Water Code, sec.5.103, which provides the TNRCC with the authority to adopt any rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and other laws of this state. Additionally, this section is adopted pursuant to the Texas Solid Waste Disposal Act, Texas Health and Safety Code, sec.361.024, which provides the TNRCC with the authority to regulate municipal solid waste and adopt rules as necessary to regulate the operation, management, and control of solid waste under its jurisdiction. sec.330.732. Adoption by Reference. (a) The Texas Natural Resource Conservation Commission adopts by reference a memorandum of understanding among the Texas Water Commission and the Attorney General of Texas. The memorandum contains the Water Commission's and the Attorney General's interpretation concerning intervention in the civil enforcement process under the Texas Solid Waste Disposal Act. (b) Copies of the memorandum of understanding are available upon request from the Waste Policy Division, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. (512) 908-6087. (c) The effective date of the memorandum of understanding is October 9, 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 23, 1993. TRD-9329350 Mary Ruth Holder Director, Legal Division Texas Natural Resource Conservation Commission Effective date: October 14, 1993 Proposal publication date: August 10, 1993 For further information, please call: (512) 908-6087 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter BB. Battery Sales Fee 34 TAC sec.3.711 The Comptroller of Public Accounts adopts an amendment to sec.3.711, concerning the batteries that are subject to the battery sales fee, without changes to the proposed text as published in the August 10, 1993, issue of the Texas Register (18 TexReg 5314). The 73rd Legislature, 1993, amended the Health and Safety Code, Chapter 361, effective August 30, 1993, to exempt certain batteries from the fee and to impose the fee on some batteries that were previously exempted. No comments were received regarding adoption of the amendment. This amendment is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. 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 23, 1993. TRD-9329345 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: October 14, 1993 Proposal publication date: August 10, 1993 For further information, please call: (512) 463-4028 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 3. Income Assistance Services Subchapter E. Household Determination 40 TAC sec.3.501 The Texas Department of Human Services (DHS) adopts an amendment to sec.3. 501, concerning authorized representatives in the Aid to Families with Dependent Children (AFDC) and medical programs in its Income Assistance Services chapter. The purpose of the amendment is to comply with a federal mandate from the Department of Health and Human Services that clarifies when authorized representatives are allowed. The amendment will function by ensuring the consistent use of authorized representatives in the AFDC and medical programs, eliminating the need for special approvals of authorized representatives, and improving access to program benefits. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provide 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 October 1, 1993, to comply with federal requirements. sec.3.501. AFDC and Food Stamp Household Determination. (a) (No change.) (b) Aid to Families with Dependent Children. The following persons are not included in an AFDC certified group: (1)-(6) (No change.) (7) Authorized Representatives. This is a person selected by the applicant or client to apply for and manage benefits on the household's behalf when the household is unable to conduct business due to incapacity or incompetence. (c)-(d) (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 September 27, 1993. TRD-9329442 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 Part I. Texas Department of Human Services Chapter 48. Community Care for Aged and Disabled Support Documents 40 TAC sec.48.9811 The Texas Department of Human Services (DHS) adopts new sec.48.9811, without changes to the proposed text as published in the August 17, 1993, issue of the Texas Register (18 TexReg 5477). The justification for the new section is to establish a reimbursement methodology for the development of rates and rate ceilings in the Medically Dependent Children Program. The new section will function by allowing a formal annual review of reimbursement rates and rate ceilings and establishing the reimbursement methodology for the development of rates and rate ceilings for the Medically Dependent Children Program. The department received no comments regarding the adoption of the new section. The new section 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 September 23, 1993. TRD-9329357 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: October 15, 1993 Proposal publication date: August 17, 1993 For further information, please call: (512) 450-3765