Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 1. ADMINISTRATION Part II. Texas Ethics Commission Chapter 10. Practice and Procedure Subchapter B. Forms 1 TAC sec.sec.10.211, 10.213, 10.215, 10.217, 10.219 The Texas Ethics Commission adopts the repeal of sec. sec.10.211, 10.213, 10. 215, 10.217, and 10.219, concerning the forms used in the sworn complaint procedure before the commission without changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4269). The sections are being replaced by sec.7.1 which allows the executive director to prescribe, revise, and certify new and revised forms which are filed under the authority of the commission. No comments were received regarding adoption of the repeals. The repeals of these sections are adopted under Texas Civil Statutes, Article 6252-9d.1, which provide the Texas Ethics Commission with the authority to promulgate, adopt, and repeal rules concerning the filing of reports mandated by any statute administered or enforced by 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 30, 1993. TRD-9329985 Jim Mathieson Assistant General Counsel Texas Ethics Commission Effective date: October 28, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 463-5800 Chapter 20. Campaign Financing Subchapter B. Reporting Forms 1 TAC sec.sec.20.2-20.9, 20.11, 20.13, 20.15, 20.17, 20.19, 20.21, 20.23 The Texas Ethics Commission adopts the repeal of sec. sec.20.2-20.9, 20.11, 20. 13, 20.15, 20.17, 20.19, 20.21, and 20.23, concerning the forms used in campaign finance disclosure, without changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4270). The sections are being replaced by sec.7.1 which allows the executive director to prescribe, revise, and certify new and revised forms which are filed under the authority of the commission. No comments were received regarding adoption of the repeals. The repeals of these sections are adopted under Chapter 571, Texas Government Code, which provides the Texas Ethics Commission with the authority to promulgate, adopt, and repeal rules concerning the filing of reports mandated by any statute administered or enforced by 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 2, 1993. TRD-9329986 Jim Mathieson Assistant General Counsel Texas Ethics Commission Effective date: October 28, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 463-5800 Chapter 30. Personal Financial Disclosure Subchapter B. Reporting Forms Financial Statement 1 TAC sec.30.51 The Texas Ethics Commission adopts the repeal of sec.30.51, concerning the Financial Statement form used by state officers, without changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4270). The section is being replaced by sec.7.1 which allows the executive director to prescribe, revise, and certify new and revised forms which are filed under the authority of the commission. No comments were received regarding adoption of the repeal. The repeal of this section is adopted under Chapter 571, Texas Government Code, which provides the Texas Ethics Commission with the authority to promulgate, adopt, and repeal rules concerning the filing of reports mandated by any statute administered or enforced by 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 2, 1993. TRD-9329987 Jim Mathieson Assistant General Counsel Texas Ethics Commission Effective date: October 28, 1993 Proposal publication date: July 20, 1993 For further information, please call: (512) 463-5800 Chapter 40. Registration and Regulation of Lobbyists 1 TAC sec.sec.40.17, 40.34, 40.35 The Texas Ethics Commission adopts the repeal of sec. sec.40.17, 40.34, and 40. 35, concerning the forms used in the registration and regulation of lobbyists, without changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4271). The sections are being replaced by sec.7.1 which allows the executive director to prescribe, revise, and certify new and revised forms which are filed under the authority of the commission. No comments were received regarding adoption of the repeals. The repeals of these sections are adopted under Chapter 571, Texas Government Code, which provides the Texas Ethics Commission with the authority to promulgate, adopt, and repeal rules concerning the filing of reports mandated by any statute administered or enforced by 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 30, 1993. TRD-9329988 Jim Mathieson Assistant General Counsel Texas Ethics Commission Effective date: October 28, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 463-5800 TITLE 4. AGRICULTURE Part II. Texas Animal Health Commission Chapter 33. Miscellaneous Contagious Diseases and Disinfection 4 TAC sec.33.1 The Texas Animal Health Commission adopts the repeal of sec.33.1, without changes to the proposed text as published in the August 31, 1993, issue of the Texas Register (18 TexReg 5809). The rule was replaced with new sec.sec.33.1-33.4, which provide a more comprehensive procedure for dealing with ornithosis, hog cholera, and other miscellaneous disease in regard to quarantine, treatment, cleaning, and disinfection. No comments were received regarding adoption of the repeal. The repeal is adopted under the Agriculture Code, Texas Civil Statutes, Chapter 161, which provide the Commission with authority to adopt rules and sets forth the duties of this Commission to control disease. 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 October 1, 1993. TRD-9329812 Terry Beals, DVM Executive Director Texas Animal Health Commission Effective date: November 1, 1993 Proposal publication date: August 31, 1993 For further information, please call: (512) 479-6697 4 TAC sec.sec.33.1-33.4 The Texas Animal Health Commission adopts new sec.sec.33.1, 33.2, 33.3, and 33.4 without changes to the proposed text as published in the August 31, 1993, issue of the Texas Register (18 TexReg 5809). The new rules are necessary to provide the manner in which the commission would deal with ornithosis, hog cholera, and other miscellaneous diseases. Poultry or poultry flocks infected with ornithosis must be immediately quarantined by the commission. The infected flocks are treated with aureomycin at the owner's expense. The poultry can only be moved from quarantined premises to slaughtering establishments that maintain federal or state post-mortem inspection. Dead birds are burned or buried pursuant to provisions of the Texas Agriculture Code. Swine infected with or exposed to hog cholera are immediately quarantined by the commission. The quarantine can be removed from the premises 21 days after the herd is depopulated and proper cleaning and disinfection is completed. Dead hogs must be disposed of in a manner approved by the commission. All animals exposed to or infected with any contagious or or infectious disease may be immediately quarantined by the commission. Carcasses must be disposed of pursuant to commission procedures. All animal products taken from infected animals must be thoroughly disinfected. Proper cleaning and disinfecting of vehicles, premises and equipment are required in accordance with commission procedures. No comments were received regarding adoption of the new sections. The amendments are adopted under the Agriculture Code, Texas Civil Statutes, Chapter 161, which provide the commission with authority to adopt rules and set forth the duties of this commission to control disease. 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 October 1, 1993. TRD-9329811 Terry Beals, DVM Executive Director Texas Animal Health Commission Effective date: November 1, 1993 Proposal publication date: August 31, 1993 For further information, please call: (512) 479-6697 Chapter 35. Brucellosis Subchapter A. Eradication of Brucellosis in Cattle 4 TAC sec.35.1 The Texas Animal Health Commission adopts an amendment to sec.35.1, without changes to the proposed text as published in the August 31, 1993, issue of the Texas Register (18 TexReg 5810). It was necessary to amend the definitions of an official backtag and eartag to state there is a prohibition against reusing an official backtag, and removal of an official eartag from cattle. An official backtag is an identification tag which is used to uniquely identify each individual head of cattle at the time they are tested. An official eartag is one that conforms to the nine-character alphanumeric National Uniform Eartagging System. If these tags are removed from cattle they cannot be traced back to the owner. No comments were received regarding adoption of the amendments. The amendments are adopted under the Agriculture Code, Texas Civil Statutes, Chapters 161 and 163, which provide the commission with authority to adopt rules and sets forth the duties of this commission to control disease. 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 October 1, 1993. TRD-9329813 Terry Beals, DVM Executive Director Texas Animal Health Commission Effective date: November 1, 1993 Proposal publication date: August 31, 1993 For further information, please call: (512) 479-6697 4 TAC sec.35.4 The Texas Animal Health Commission adopts an amendment to sec.35.4, without changes to the proposed text as published in the August 31, 1993, issue of the Texas Register (18 TexReg 5810). It was necessary to amend the rule to provide that an entry permit is required for all cattle entering Texas from Mexico rather than just for breeding cattle. Persons desiring to move cattle from a foreign country to a destination in Texas are required to obtain an entry permit, issued by this agency, prior to the time of movement. No comments were received regarding adoption of the amendments. The amendments are adopted under the Agriculture Code, Texas Civil Statutes, Chapters 161 and 163, which provide the commission with authority to adopt rules and sets forth the duties of this commission to control disease. 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 October 1, 1993. TRD-9329814 Terry Beals, DVM Executive Director Texas Animal Health Commission Effective date: November 1, 1993 Proposal publication date: August 31, 1993 For further information, please call: (512) 479-6697 Chapter 37. Screwworms 4 TAC sec.37.1, sec.37.2 The Texas Animal Health Commission adopts the repeal of sec.37.1 and sec.37. 2, without changes to the proposed text as published in the August 31, 1993, issue of the Texas Register (18 TexReg 5810). The rule was replaced with new sec.37.1, and sec.37.2, which provide the manner in which livestock are handled when screwworm infestations are suspected. No comments were received regarding adoption of the repeals. The repeals are adopted under the Agriculture Code, Texas Civil Statutes, Chapters 161, which provide the commission with authority to adopt rules and sets forth the duties of this commission to control disease. 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 October 1, 1993. TRD-9329816 Terry Beals, DVM Executive Director Texas Animal Health Commission Effective date: November 1, 1993 Proposal publication date: August 31, 1993 For further information, please call: (512) 479-6697 The Texas Animal Health Commission adopts new sec.33.1 and sec.37.2, without changes to the proposed text as published in the August 31, 1993, issue of the Texas Register (18 TexReg 5810). New rules are necessary to provide owners of livestock infested with screwworms with requirements, procedures, and guidelines for treating the affected livestock. Any area, county, or part of a county may be quarantined if it is determined to be infested with screwworms; all livestock, fowl, or other animals susceptible to screwworm infestation leaving a quarantined area must have a health certificate certifying that the livestock are free from screwworms, screwworm fly eggs and wounds; and any animals that are susceptible to screwworm infestation must be removed from a shipment and they must be permitted to leave the quarantined area only after it is determined the livestock are free of screwworms, or the animals have been treated by an agent of the commission. No comments were received regarding adoption of the amendments. The amendments are adopted under the Agriculture Code, Texas Civil Statutes, Chapter 161, which provide the Commission with authority to adopt rules and sets forth the duties of this commission to control disease. 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 October 1, 1993. TRD-9329815 Terry Beals, DVM Executive Director Texas Animal Health Commission Effective date: November 1, 1993 Proposal publication date: August 31, 1993 For further information, please call: (512) 479-6697 TITLE 7. BANKING AND SECURITIES Part V. Office of Consumer Credit Commissioner Chapter 82. Administration 7 TAC sec.82.1 The Office of Consumer Credit Commissioner of Texas adopts new sec.82.1, concerning custody of criminal history record information, without changes to the proposed text as published in the July 20, 1993, issue of the Texas Register (18 TexReg 4724). The rule is adopted to insure the proper use, custody, and control of criminal history information obtained by the Office of Consumer Credit Commissioner. The rule outlines procedures designed to maintain the confidentiality and security of criminal history information by restricting the availability of such information to specified individuals and restricting its use to assisting the commissioner in determining the character and fitness of an applicant for a license issued by the Consumer Credit Commissioner. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 5069-2. 02A(11), which provides the Texas Office of Consumer Credit Commissioner with authority to promulgate rules and regulations necessary to guarantee the confidentiality of criminal information. 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 October 7, 1993. TRD-9330082 Al Endsley Consumer Credit Commissioner Office of Consumer Credit Commissioner Effective date: October 29, 1993 Proposal publication date: July 20, 1993 For further information, please call: (512) 479-1280 TITLE 16. ECONOMIC REGULATIONS Part I. Railroad Commission of Texas Chapter 13. Regulations For Compressed Natural Gas (CNG) Fuel Systems Subchapter B. General Rules for CNG Equipment Qualifications 16 TAC sec.13.21 (Editor's note: Due to an error as submitted by the agency in the September 21, 1993, issue of the Texas Register, sec.13.21 is being republished for clarification. The section was published as adopted without changes, but was adopted with changes.) sec.13.21. Applicability and Severability. (a)-(b) (No change.) (c) Nothing in these rules shall be construed as requiring, allowing, or approving the unlicensed practice of engineering or any other professional occupation requiring licensure. 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 14, 1993. TRD-9328893 Mary Ross McDonald Assistant Director, Legal Division - Gas Utilities / LP Gas Railroad Commission of Texas Effective date: October 15, 1993 Proposal publication date:July 16, 1993 For further information, please call:(512) 463-6949 Part VIII. Texas Racing Commission Chapter 309. Operation of Racetracks Subchapter B. Horse Racetracks Operations 16 TAC sec.309.199 The Texas Racing Commission adopts an amendment to sec.309.199, concerning horsemen's bookkeeper, without changes to the proposed text as published in the June 25, 1993, issue of the Texas Register (18 TexReg 4171). The amendment is adopted secure the funds allocated to purses from pari- mutuel wagering. The amendment establishes procedures for the deposit, segregation, and disbursement of purse funds. Written comment was received from Sam Houston Race Park, a licensed Class 1 horse racetrack. The comments suggested postponing implementation on some of the procedures established in the amendment, to permit the racetracks to negotiate some of these items in contracts with the horsemen's representatives. The commission disagreed with these comments because the protections delineated by the amendment should be uniform for all pari-mutuel racetracks. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.06, which authorizes the commission to adopt rules relating to the operation of racetracks. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 6, 1993. TRD-9329862 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 1, 1993 Proposal publication date: June 25, 1993 For further information, please call: (512) 794-8961 Chapter 313. Officials and Rules of Horse Racing Subchapter B. Entries, Declarations, and Allowances Entries 16 TAC sec.313.103 The Texas Racing Commission adopts an amendment to sec.313.103, concerning entries, without changes to the proposed text as published in the August 17, 1993, issue of the Texas Register (18 TexReg 5462). The amendment is adopted to ensure pari-mutuel racing will be safe for the horses. The amendment authorizes the submission of test results for equine infectious anemia in accordance with rules of the Texas Animal Health Commission. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.06, which authorizes the commission to adopt rules relating to the operation of racetracks. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 6, 1993. TRD-9329863 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 1, 1993 Proposal publication date: August 17, 1993 For further information, please call: (512) 794-8461 Chapter 319. Veterinary Practices and Drug Testing Subchapter B. Treatment of Horses 16 TAC sec.319.110 The Texas Racing Commission adopts an amendment to sec.319.110, concerning health requirements, without changes to the proposed text as published in the August 17, 1993, issue of the Texas Register (18 TexReg 5463). The amendment is adopted to ensure pari-mutuel racing will be safe for the horses. The amendment authorizes the submission of test results for equine infectious anemia in accordance with rules of the Texas Animal Health Commission. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Civil Statutes, Article 179e, sec.3. 02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.06, which authorizes the commission to adopt rules relating to the operation of racetracks. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 6, 1993. TRD-9329864 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 1, 1993 Proposal publication date: August 17, 1993 For further information, please call: (512) 794-8461 Chapter 321. Pari-mutuel Wagering Subchapter C. Simulcast Wagering General Provisions 16 TAC sec.321.204 The Texas Racing Commission adopts an amendment to sec.321.204, concerning approval of wagering on simulcast races, with changes to the proposed text as published in the June 25, 1993, issue of the Texas Register (18 TexReg 4175). The amendment is adopted to streamline the approval process for simulcasting. The amendment clarifies the procedure for obtaining commission approval of simulcasting. The changes made to the proposed text were suggested by the commission staff to further increase the efficiency of the approval process. The deadline for filing a request for simulcasting was reduced from 30 days to three days, the executive secretary was given authority to approve a simulcasting request for up to 90 days subject to commission rescission, and the procedure for granting approval for races of national or historic interest was simplified. No written comments were received regarding the proposal. A representative of the Texas Horsemen's Benevolent and Protective Association spoke at the commission meeting held on October 4, 1993, in favor of simplifying the approval process. The amendment is adopted under the Texas Civil Statutes, Article 179e, sec.3. 02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; sec.11.011, which authorizes the commission to adopt rules to regulate simulcasting; and Texas Civil Statutes, Article 6252-13a, sec.4, which authorizes the commission to adopt rules of practice and procedure. sec.321.204. Approval of Wagering on Simulcast Races. (a) To receive approval of the commission for wagering on a simulcast race or program other than a race of national or historic interest, an association must submit a request for the simulcasting to the commission on a form prescribed by the commission. (b) Except as otherwise authorized by the commission, a request for simulcasting must be filed not later than three days before the first simulcast race covered by the request. The executive secretary may approve a request for simulcasting for a period not to exceed 90 days, subject to rescission of the approval by the commission at its next regular meeting. (c) The association shall serve a copy of the request on every association licensed to conduct racing for the same species of race animal as the association. The executive secretary may require the association to submit additional information if the executive secretary determines the additional information is necessary to effectively evaluate the request. (d) In considering whether or not to approve a simulcasting request, the commission shall consider: (1)-(5) (No change.) (e) (No change.) (f) At least annually, the executive secretary shall develop a list of races of national or historic interest that are approved for simulcasting purposes and shall distribute the list to all appropriate Texas racetracks. To request permission to conduct pari-mutuel wagering on any simulcast race on the list of races of national or historic interest, an association shall notify the executive secretary in writing of its desire to simulcast the race and submit all documentation required by commission rule or federal law no later than 5:00 p. m. of the third day before the day of the race. 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 October 6, 1993. TRD-9329865 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 1, 1993 Proposal publication date: June 25, 1993 For further information, please call: (512) 794-8461 Chapter 321. Pari-mutuel Wagering Subchapter C. Simulcast Wagering Simulcasting at Greyhound Racetracks 16 TAC sec.321.251 The Texas Racing Commission adopts new sec.321.251, concerning simulcasting fee, without changes to the proposed text as published in the August 17, 1993, issue of the Texas Register (18 TexReg 5463). The section is adopted to facilitate the receipt of simulcasting at greyhound racetracks, which will expand the types of racing product offered for public wagering at greyhound racetracks. The section establishes a fee for conducting wagering on races simulcast to greyhound racetracks. No comments were received regarding adoption of the new section. The section is adopted under the Texas Civil Statutes, Article 179e, sec.3. 02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; sec.5.01, which authorizes the commission to prescribe reasonable license fees; sec.6.06, which authorizes the commission to adopt rules relating to the operation of racetracks; sec.6.18, which authorizes the commission to prescribe a reasonable annual fee for racetrack licensees; and sec.11.011, which authorizes the commission to adopt rules to license and regulate pari-mutuel wagering on simulcast races. 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 October 1, 1993. TRD-9329866 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 1, 1993 Proposal publication date: August 17, 1993 For further information, please call: (512) 794-8461 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part II. Texas Rehabilitation Commission Chapter 101. General Rules 40 TAC sec.101.12 The Texas Rehabilitation Commission adopts an amendment to sec.101.12, without changes to the proposed text as published in the September 10, 1993, issue of the Texas Register (18 TexReg 6089). The purpose of this amendment is to show that the Texas Rehabilitation Commission will receive cooperation from the Texas Department of Criminal Justice and the Texas Department of Public Safety. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Human Resources Code, Title 7, which provides the Texas Rehabilitation Commission with authority to make regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, investigation, and determination for rehabilitation and other services, procedures for hearings, and other regulations subject to this section; as necessary to carry out the purposes of this chapter. 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 29, 1993. TRD-9329824 Charles W. Schiesser Associate Commissioner for Legal Services Division Texas Rehabilitation Commission Effective date: October 26, 1993 Proposal publication date: September 10, 1993 For further information, please call: (512) 483-4051 Chapter 113. Comprehensive Rehabilitation Services 40 TAC sec.113.4 The Texas Rehabilitation Commission adopts an amendment to sec.113.4, without changes to the proposed text as published in the August 13, 1993, issue of the Texas Register (18 TexReg 5392). The new sections are needed to adopt a more detailed Chapter 13 to increase public awareness of the Comprehensive Rehabilitation Services. A comment was received recommending that "speech therapy" be changed to "speech-language pathology", and the Commission agrees. This comment was not incorporated in sec.113.4(a)(3). The new section will provide the public with a comprehensive view of services for persons with traumatic spinal cord and post-acute services for persons with traumatic brain injury. No comments were received regarding adoption of the section. The amendment is adopted under the Texas Human Resources Code, Title 7, sec.111.060 which provides the Texas Rehabilitation Commission with authority to make regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, investigation, and determination for rehabilitation and other services, procedures for hearings, and other regulations subject to this section; as necessary to carry out the purposes of this chapter. 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 28, 1993. TRD-9329823 Charles W. Schiesser Associate Commissioner for Legal Services Division Texas Rehabilitation Commission Effective date: August 13, 1993 Proposal publication date: August 13, 1993 For further information, please call: (512) 483-4051 TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 31. [Division of] Public Transportation General 43 TAC sec.31.3 The Texas Department of Transportation adopts an amendment to sec.31.3, without changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4493). The amendment added definition of "like-kind exchange to explain contemporaneous amendments in sec.31.57. The amendment is necessary to conform to federal statutory and regulatory changes. A public hearing was held on July 23, 1993, and no comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Articles 6666, 6663b, and 6663c, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically to administer the state public transportation fund and state and federal public transportation programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 6, 1993. TRD-9329880 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Effective date: October 27, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 463-8630 Property Management Standards 43 TAC sec.31.57 The Texas Department of Transportation adopts an amendment to sec.31.57, without changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4493). The amendment added language concerning like-kind exchanges on equipment purchases, addressed the Federal Transit Administration's regulations on the transfer of capital assets, and defined how the state and federal contractual interests would be dealt with for these transactions. The amendment is necessary due to the enactment of the Intermodal Surface Transportation Efficiency Act of 1991, the issuance of federal regulations on like-kind exchanges, and the need to adopt consistent state standards whenever possible. A public hearing was held on July 23, 1993, and no comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Articles 6666, 6663b, and 6663c, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically to administer the state public transportation fund and state and federal public transportation programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 6, 1993. TRD-9329881 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Effective date: October 27, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 463-8630 Texas Department of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's Note: As required by the Insurance Code, Article 5.96 and 5. 97, the Texas Register publishes notice of proposed actions by the Texas Board of Insurance. Notice of action proposed under Article 5.96 must be published in the Texas Register not later than the 30th day before the board adopts the proposal. Notice of action proposed under Article 5.97 must be published in the Texas Register not later than the 10th day before the Board of Insurance adopts the proposal. The Administrative Procedure Act, does not apply to board action under Articles 5.96 and 5.97. The complete text of the proposal summarized here may be examined in the offices of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104.) The State Board of Insurance of the Texas Department of Insurance, at a public meeting held at 9:00 a.m. on October 6, 1993, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street, Austin, adopted a filing by the Office of the Secretary of State consisting of new surety bond forms required by the Acts of the 73rd Legislature. The Veterans Organization Solicitation Bond and the Veterans Organization Solicitor's Bond forms are required by the provisions of Acts 1993, 73rd Legislature, Chapter 483, effective September 1, 1993. The Veterans Organization Solicitation Bond is conditioned on the principal conducting his/her business in accordance with the act and that the principal shall not injure any person by any violation of that act. The aggregate liability of the surety shall not exceed the actual damages and shall not exceed on any and all claims the amount stated in the bond. The limit of a bond for an organization chartered by the United States Congress is $1,000 and if not chartered then the bond amounts are as follows: $5,000 if the organization does not solicit in more than one county; $10,000 if more than one but less than six counties, and $25,000 if more than six counties. Solicitors for a veterans organization must also obtain a Veterans Organization Solicitor's Bond in the same limits depending on the number of counties in which they solicit. This bond has the same conditions as the Veterans Organization Solicitation Bond. The Public Safety Organization, Independent Promoter Or Public Safety Publication Solicitor's Bond is required by the provisions of Acts 1993, 73rd Legislature, Chapter 920, effective September 1, 1993. Each solicitor for a public safety organization, independent promoter, or public safety publication must file a registration statement with the Secretary of State that is accompanied by a surety bond. The aggregate limit of the bond is $10,000 and is conditioned on the principal conducting his/her business in accordance with the act. The Telephone Solicitation Bond is required by the provisions of Acts 1993, 73rd Legislature, Chapter 569, effective September 1, 1993. There are 20 exemptions for telephone solicitors, including licensed insurance agents. The purpose of this act is to protect persons against false, misleading, or deceptive practices in the business of telephone solicitation. The aggregate limit of the bond is $10,000 and is conditioned on the principal conducting his/her business in accordance with the act. This act further requires that the surety must be a corporate surety licensed to do business in this state. The Third-Party Debt Collector Bond is required by the addition of sec. 7A to Texas Civil Statutes Article 5069-11.01. The provisions of this statute apply to any person who for compensation gathers, records, or disseminates information relative to the creditworthiness, financial responsibility, paying habits, and other similar information, regarding any person, for the purpose of furnishing such information to any other person. The aggregate limit of the bond is $10,000 and is conditioned on the principal conducting his/her business in accordance with the statute. All the bonds can be canceled by either the principal or the surety by giving at least 90 day's written notice to the Secretary of State and are written in favor of any person who may be injured by any violation of the appropriate acts or statute. The Board has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.13, 5.15, and 5.97. The full text of the form filings entitled "Veterans Organization Solicitation Bond", "Veterans Organization Solicitor's Bond", "Public Safety Organization, Independent Promoter Or Public Safety Publication Solicitor's Bond", "Telephone Solicitation Bond" and "Third-Party Debt Collector Bond" as adopted by the Board are filed with the Chief Clerk under Reference Number 0-0993-19 and are incorporated by reference by Board Order Number 60507. This notification is made pursuant to the Insurance Code, Article 5.97, which exempts the Board's action on this filing from the requirements of the Government Code, Chapter 2001. The Texas Department of Insurance hereby certifies that the adopted forms filing referenced herein have been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 7, 1993. TRD-9329957 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurancen Effective: October 30, 1993 Filed: October 7, 1993