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). These 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 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-9330287 Jim Mathieson Assistant General Counsel Texas Ethics Commission Effective date: November 2, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 463-5800 TITLE 16. ECONOMIC REGULATIONS Part I. Railroad Commission of Texas Chapter 5. Transportation Division Subchapter Z. Base Rates, Deviations, and Suspensions 16 TAC sec.5.590 The Railroad Commission of Texas adopts an amendment to sec.5.590, concerning specific rates and charges, with a change to the proposed text as published in the August 31, 1993, issue of the Texas Register (18 TexReg 5829). The proposed text is changed for clarification to eliminate the unnecessary language "identical or" in subsection (d). The amendment will allow common carriers to establish rates that fit a particular shipper's needs. This change is consistent with current commission practice to allow carriers to file base rate deviations for named shippers. In addition, carriers have historically been able to file rate applications that have the practical effect of setting base rates for specific shippers. This has been accomplished in the past by describing the movements in the proposed tariff with such specific details that the proposed base rate would, in effect, apply only to a particular shipper. For example, the commission has historically allowed tariffs that describe point to point movements. The policy underlying specific shipper rates is to allow the public to benefit from economies that result when carriers and shippers negotiate rates that take into account logistics, loading efficiencies, and frequency of shipments. The amendment will include a provision to ensure that the policy will prohibit potential discrimination by allowing any similarly situated consignor or consignee, with substantially similar circumstances, to participate in the rates. Public comments regarding the proposed rule were all favorable. Comments by the Texas Association of Business and Fiberglass Specialties Incorporated supported the amendment citing increased rate flexibility for shipments weighing less than 500 pounds. Comments by the Common Carrier Motor Freight Association stated that the changes to proposed sec.5.590 would substantially simplify the current tariff structure and noted that the possibility of potential discrimination has been eliminated. The amendment is adopted pursuant to Texas Civil Statutes, Article 911b, sec.4(a), which vest the commission with power and authority to prescribe all rules and regulations necessary for the government of motor carriers, and to supervise and regulate motor carriers in all matters affecting the relationship between such carriers and the shipping public. The following statute is affected by this rule: sec.5.590 -Texas Civil Statutes, Article 911b. sec.5.590. Specific Rates and Charges. (a) In addition to the base rates, fares, and charges established pursuant to sec.5.581 of this title (relating to Establishment and Annual Review of Base Rates and Charges), the commission may establish specific rates, fares, and charges applicable to: (1) transportation of shipments of general commodities by motor carrier(s) (other than specialized motor carrier(s) and contract carrier(s) subject to commission prescribed tariffs governing transportation of specialized commodities); and (2) transportation of passengers by motor bus companies. (b) (No change.) (c) Applications to establish or change specific rates shall be filed and determined pursuant to the provisions of sec.5.423 of this title (relating to Tariffs and Schedules). (d) The commission may approve specific rates or charges which name specific consignors or consignees or which otherwise are confined to specific consignors' or consignees' traffic. Upon application, an additional specific consignor or consignee may participate in such specific rates or charges where the traffic controlled moves in substantially similar circumstances between the involved points and the non-inclusion of which would be unduly discriminatory and unreasonable. 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 11, 1993. TRD-9330321 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: November 2, 1993 Proposal publication date: August 31, 1993 For further information, please call: (512) 463-7094 Part II. Public Utility Commission of Texas Chapter 21. Practice and Procedure The Public Utility Commission of Texas adopts the repeal of sec.sec.21.1-21.7; sec.sec.21.21-21.28; sec.sec.21.41-21.45; sec.sec.21.61-21.69; sec.sec.21.81- 21.86; sec.sec.21. 101-21.109; sec.sec.21.121-21.128; sec.sec.21.141-21.144; sec.sec.21.151-21.154; sec.sec.21. 161-21.164; sec. sec.21.171-21.172; and sec.21.181, without changes to the proposed text as published in the September 27, 1993, issue of the Texas Register (18 TexReg 5701). These sections which establish the rules of practice and procedure at the Commission are being repealed in order to avoid any conflict with the Commission's new procedural rules contained in Subchapter 22 of Title 16. No comments were received regarding adoption of the repeals. Definitions and General Requirements 16 TAC sec.sec.21.1-21.7 repeals are adopted under Texas Civil Statutes, Article 1446c, sec.16, which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its power and jurisdiction, including rules governing practice and procedure before the Commission. Index to statutes: Article 1446c, Government Code Section 2001.004. 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 11, 1993. TRD-9330224 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Effective date: November 1, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 458-0100 Docketing and Notice 16 TAC sec.sec.21.21-21.28 The repeals are adopted under Texas Civil Statutes, Article 1446c, sec.16, which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its power and jurisdiction. 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 11, 1993. TRD-9330225 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Effective date: November 1, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 458-0100 Participants 16 TAC sec.sec.21.41-21.45 The repeals are adopted under Texas Civil Statutes, Article 1446c, sec.16, which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its power and jurisdiction. 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 11, 1993. TRD-9330226 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Effective date: November 1, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 458-0100 Pleadings 16 TAC sec.sec.21.61-21.69 The repeals are adopted under Texas Civil Statutes, Article 1446c, sec.16, which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its power and jurisdiction. 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 11, 1993. TRD-9330227 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Effective date: November 1, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 458-0100 Prehearing Proceedings 16 TAC sec.sec.21.81-21.86 The repeals are adopted under Texas Civil Statutes, Article 1446c, sec.16, which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its power and jurisdiction. 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 11, 1993. TRD-9330228 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Effective date: November 1, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 458-0100 Hearings 16 TAC sec.sec.21.101-21.109 The repeals are adopted under Texas Civil Statutes, Article 1446c, sec.16, which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its power and jurisdiction. 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 11, 1993. TRD-9330229 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Effective date: November 1, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 458-0100 Evidence 16 TAC sec.sec.21.121-21.128 The repeals are adopted under Texas Civil Statutes, Article 1446c, sec.16, which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its power and jurisdiction. 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 11, 1993. TRD-9330230 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Effective date: November 1, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 458-0100 Examiner's Report and Proposal for Decision 16 TAC sec.sec.21.141-21.144 The repeals are adopted under Texas Civil Statutes, Article 1446c, sec.16, which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its power and jurisdiction. 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 11, 1993. TRD-9330231 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Effective date: November 1, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 458-0100 Orders 16 TAC sec.sec.21.151-21.154 The repeals are adopted under Texas Civil Statutes, Article 1446c, sec.16, which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its power and jurisdiction. 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 11, 1993. TRD-9330232 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Effective date: November 1, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 458-0100 Ancillary Proceedings and Proceedings Beyond the Order 16 TAC sec.sec.21.161-21.164 The repeals are adopted under Texas Civil Statutes, Article 1446c, sec.16, which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its power and jurisdiction. 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 11, 1993. TRD-9330233 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Effective date: November 1, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 458-0100 Organization of the Commission 16 TAC sec.sec.21.171-21.172 The repeals are adopted under Texas Civil Statutes, Article 1446c, sec.16, which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its power and jurisdiction. 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 11, 1993. TRD-9330234 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Effective date: November 1, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 458-0100 Miscellaneous 16 TAC sec.21.181 The repeals are adopted under Texas Civil Statutes, Article 1446c, sec.16, which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its power and jurisdiction. 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 11, 1993. TRD-9330235 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Effective date: November 1, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 458-0100 Chapter 23. Substantive Rules Rate Design 16 TAC sec.23.23 The Public Utility Commission of Texas adopts an amendment to sec.23.23, concerning rate design, without changes to the proposed text as published in the April 23, 1993, issue of the Texas Register (18 TexReg 2613). The Commission adopts the amendment for the purpose of reinstituting the statutory requirement that rates shall not be unreasonbly preferential, prejudicial, or discriminatory. The amendment is identical to the prior rule sec.23.23(b)(1) which was repealed. Due to the numbering of the sections in the fuel rule, this section was repealed when the new fuel rule became effective, May 1, 1993. Two entities, Office of Public Utility Counsel (OPC) and Central and Southwest Corporation (CSW), submitted comments in response to the proposed rule. OPC and CSW agree with the proposed amendment as published. The amendment is adopted under the Public Utility Regulatory Act, Article 1446c, sec.sec.16(a), 17(e), 37, and 38 which provides the Public Utility Commission of Texas: with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction; exclusive original jurisdiction over rates, operations, and services not within the incorporated limits of a municipality exercising exclusive original jurisdiction; and all the authority and power of the State of Texas to insure compliance of public utilities with the obligations under the Public Utility Regulatory Act. Cross-Reference to Statute(s): Texas Civil Statutes Article 1446c, sec.sec.16, 17, 37, 38, Government Code, sec.2001.004. 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 11, 1993. TRD-9330222 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Effective date: November 1, 1993 Proposal publication date: April 23, 1993 For further information, please call: (512) 458-0100 Customer Service and Protection 16 TAC sec.23.54 The Public Utility Commission of Texas adopts an amendment to sec.23.54, concerning private pay telephone service, without changes to the proposed text as published in the August 3, 1993, issue of the Texas Register (18 TexReg 4994). The amendment reflects changes in state law, enacted by Senate Bill 835 (73rd Texas Legislature, regular session.) That bill adds Article XIII, sec.93A, of the Public Utility Regulatory Act (Texas Civil Statutes, Article 1446c). The amendment to the rule will benefit public convenience and public safety through proper notice of a private pay telephone's limitations. The private pay telephone provider must place in a conspicuous location on the pay telephone a notice that the telephone cannot receive telephone calls. Further, the private pay telephone provider may not display on the set the number of any private pay telephone set that is not equipped to receive incoming calls. One comment was received by the Texas Telephone Association which stated that it supported the rule as drafted without changes and concurs with the Commission Staff's intent to implement the elements of Senate Bill 835. The amendment is adopted under Texas Civil Statutes, Article 1446c, sec.16, which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction. The amendment is also adopted under PURA, Article 1446c (Texas Civil Statutes) sec.93A(e), which empowers the commission to adopt rules to enforce this amendment. The following is the (statutes, articles or code) that are affected by this rule: Rule Number: sec.23.54 Statute, Article or Code: Texas Civil Statutes, Article 1446c, sec.16(a), sec.93A 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 11, 1993. TRD-9330221 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Effective date: November 1, 1993 Proposal publication date: August 3, 1993 For further information, please call: (512) 458-0100 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Department Chapter 65. Wildlife Subchapter O. Statewide Fur-bearing Animal and Trapping Proclamation 31 TAC sec.sec.65.372-65.374, 65.376, 65.378, 65.380-65.383, 65. 389 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing held August 26, 1993, adopted amendments to sec.sec.65.372, 65.373, 65.376, 65.378, 65.380-65.382, and 65.389, and new sec.65.374 and sec.65.383, concerning the taking, possession, propagation, transportation, exportation, importation, sale, and offering for sale of fur-bearing animals or their parts under the authority of the Parks and Wildlife Code, Chapter 71, with no changes to the proposed text as published in the July 23, 1993, issue of the Texas Register . Information gathered has shown that the uncontrolled importation and release of fur-bearing animals taken from the wild poses a potential health threat through the introduction of new strains of rabies and or parasites to native fur-bearing animals, pets, and humans. The rules are needed to provide the Texas Parks and Wildlife Commission with the authority to adopt regulations for the taking, possession, propagation, transportation, exportation, importation, sale, and offering for sale of fur- bearing animals, pelts, and carcasses as the commission considers necessary to manage fur-bearing animals or to protect human, health or property. These rules redefine the term "resident" to conform with statutory language; authorize increased fees for trappers, retail furbuyers, wholesale fur dealers and fur-bearing animal propagators; provide that a person possessing a hunting license may take fur-bearing animals if the taking is not for sale, barter or exchange and the take does not exceed the daily bag limit or possession limit; prohibit import of live fur-bearing animals taken from the wild, authorize the import of offspring of fur-bearing animals derived from captive reared stock and prohibit the commingling of fur-bearing animals held under a propagation license with those held under a permit issued for scientific, zoological or rehabilitation purposes; require that fur-bearing animals are to be maintained in approved facilities at all times and that facilities for furbearers be separate from facilities maintained under any other permit and provides bag and possession limits for licensed hunters; provide that only licensed trappers, furbearer propagators, retail furbuyers and wholesale fur dealers may sell pelts of fur-bearing animals and that only licensed furbuyers and wholesale fur dealers may purchase pelts of fur-bearing animals; require fur-bearing animal propagators to report the number and kinds of furbearers purchased, whom the purchase was made from, and to report to whom sales are made; require a completed application for import of live fur-bearing animals and require the applicant to furnish a certification from the State Veterinarian that the area in which the facility is located has been free of rabies for the previous 12 months and the imported furbearers are offsprings of captive reared stock; require a health certificate showing three negative fecal flotation tests on three separate days and shipments to be accompanied by official interstate health certificate; require that animals held by propagators could not be released into the wild; provide for suspension and revocation of licenses or permits for violation of these rules; and provide that penalties for violation of these rules are prescribed by Texas Parks and Wildlife codes, 71.015. Comments concerning the proposed rules were submitted by the Commissioner of Health and stated that to ensure that the propagation permit does not allow a holder to keep raccoons as pets, the Department should require the confinement of the animal in the approved facility, not the permit holder's house. These requirements are important from a human health and safety aspect, as they will help decrease exposure to bites, rabies, and/or parasites. raccoons are defined as high risk animals for transmitting rabies in the Rules of the Board (Rabies Control and Eradication: 169.22). The Texas Department of Health opposed the rule allowing fur propagators to have raccoons as pets and opposed fur propagators using their home as a facility. The restrictions requested by the Commissioner of Health were not initially proposed by the Department. Since such significant changes were not initially proposed they could not be adopted without republication. The new rules and amendments are adopted under the Texas Parks and Wildlife Code, Chapter 71, which provides the Texas Parks and Wildlife Commission with the authority to adopt regulations for the taking, possession, propagation, transportation, exportation, importation, sale, and offering for sale of fur- bearing animals, pelts, and carcasses as the commission consider necessary to manage fur-bearing animals or to protect human health or property. The adopted rules and amendment changes of the fur-bearing proclamation are summarized as follows: The amendment to sec.65.372 redefines resident to conform with statutory language. The amendment to sec.65.373 reflects increased fees for trappers, retail furbuyers, wholesale fur dealers and fur-bearing animal propagation license. The new rule, sec.65.374, provides that a person possessing a hunting license may take a fur-bearing animal if the taking is not for sale, barter or exchange and the take does not exceed the daily bag limit or possession limit established by the Commission. The amendment to sec.65.376 prohibits import of live fur-bearing animals taken from the wild, authorizes the import of offsprings of fur-bearing animals derived from captive stock and prohibits the commingling of fur-bearing animals held under a propagation license with a permit issued for scientific, zoological or rehabilitation purposes. The amendment to sec.65.378 requires that fur-bearing animals are to be maintained in approved facilities at all times and that facilities for furbearers be separate from facilities maintained under any other permit and provides bag and possession limits for licensed hunters. The amendment to sec.65.380 provides that only licensed trappers, furbearer propagators, retail furbuyers and wholesale fur dealers may sell pelts of fur- bearing animals and that only licensed retail furbuyers and whole fur dealers may purchase pelts of fur-bearing animals. 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 12, 1993. TRD-9330294 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: November 2, 1993 Proposal publication date: July 23, 1993 For further information, please call: 1 (800) 792-1112, Ext. 4433 or (512) 389- 4433 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration (Editor's Note: House Bill 1461, 73rd Legislature, 1993, provided for the transfer of certain tax rules from the Texas Department of Insurance to the Comptroller of Public Accounts effective September 1, 1993. The Texas Register is administratively transferring the following rules listed in the table below from Title 28., Part I., Texas Department of Insurance to Title 34., Part I. Comptroller of Public Accounts. The table lists the old rule numbers and the new rule numbers that correspond to them.) TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part X. Texas Employment Commission Chapter 301. Unemployment Insurance 40 TAC sec.301.1 The Texas Employment Commission adopts an amendment to sec.301.1, without changes to the proposed text as published in the August 13, 1993, issue of the Texas Register (18 TexReg 5393). The adopted section provides guidance on the Commission's interpretation of a newly enacted provision in the Texas Unemployment Compensation Act. The adopted rule provides a definition of a "landman" for purposes sec.19(g) (5)(CC) of the Act, dealing with coverage under the Act for landmen. There were no comments received on the amendments as published. The amendment is adopted under Texas Labor Code, Title 4, Subtitle A (formerly Texas Civil Statutes, Article 5221b), which provide the Texas Employment Commission with the authority to adopt, amend, or rescind such rules as it deems necessary for the effective administration of this Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 11, 1993. TRD-9330216 J. Ferris Duhon Legal Counsel Texas Employment Commission Effective date: November 1, 1993 Proposal publication date: August 13, 1993 For further information, please call: (512) 463-2291 40 TAC sec.301.30 The Texas Employment Commission adopts the repeal of sec.301.30, concerning eligibility of employees of educational service agencies, without changes to the proposed text as published in the August 13, 1993, issue of the Texas Register (18 TexReg 5393). The provisions of this rule are now contained in the Texas Unemployment Compensation Act. Repealing this rule will eliminate unnecessary duplication of the Act. No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Labor Code, Title 4, Subtitle A (formerly Texas Civil Statutes, Article 5221b) which provides the Texas Employment Commission with the authority to adopt, amend, or rescind such rules as it deems necessary for the effective administration of this Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 8, 1993. TRD-9330215 J. Ferris Duhon Legal Counsel Texas Employment Commission Effective date: November 1, 1993 Proposal publication date: August 13, 1993 For further information, please call: (512) 463-2291 The Texas Employment Commission adopts new sec.301.30, without changes to the proposed text as published in the August 13, 1993, issue of the Texas Register (18 TexReg 5393). The adopted section provides guidance on the Commission's interpretation of a newly enacted provision in the Texas Unemployment Compensation Act. The adopted rule provides the standard for judging when a contract meets the requirements of sec.19(g)(5)(CC) of the Act, dealing with coverage under the Act for landmen. No comments were received regarding adoption of the rule. The new section is adopted under the Texas Labor Code, Title 4, Subtitle A (formerly Texas Civil Statutes, Article 5221b), which provide the Texas Employment Commission with the authority to adopt, amend, or rescind such rules as it deems necessary for the effective administration of this Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 11, 1993. TRD-9330217 J. Ferris Duhon Legal Counsel Texas Employment Commission Effective date: November 1, 1993 Proposal publication date: August 13, 1993 For further information, please call: (512) 463-2291 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 notices of actions taken by the State Board of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure and Texas Register Act. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the State Board of Insurance, 333 Guadalupe, Austin. ) The State Board of Insurance of the Texas Department of Insurance at a public hearing under Docket Number 1996, at 9:00 a.m., August 25, 1993, and continued at 9:00 a.m., October 6, 1993, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, adopted the proposal filed by the staff of the Workers' Compensation Division of the Texas Department of Insurance concerning a revision to the workers' compensation experience rating plan to allow a reduction of the experience modifier by the insurance company for use in calculating the insured's premium. The staff proposed that Section IV (1) of the Texas Experience Rating Plan Manual be amended to add (c) to that rule that allows a modifier calculated by the Texas Department of Insurance for an insured for a specific period to be reduced by an insurance company for use in calculating that insured's workers' compensation premium for the applicable period. Reasons for reducing the experience modifier include, but are not limited to, improved loss ratios and/or improved safety programs. The rule further provides that the experience modifier calculated by the Texas Department of Insurance will be the modifier used to meet any applicable statutory requirements. The Insurance Company negotiating the lower modifier with the policyholder is required to complete a Workers' Compensation Negotiated Experience Modifier form-NEM-1 (10-93) within ten working days from the inception date of the policy for each insured that has an experience modifier negotiated in accordance with the adopted rule. The State Board of Insurance has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.60 and 5.96. The Board adopted the amendment to Rule IV(1) of the Texas Experience Rating Plan Manual and the Workers' Compensation Negotiated Experience Modifier form NEM-1 (10-93), both of which are attached hereto and incorporated by reference, by Board Order Number 60508. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative and Texas Register Act. Issued in Austin, Texas, on October 13, 1993. TRD-9330374 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: November 3, 1993 Filed: October 13, 1993 The State Board of Insurance of the Texas Department of Insurance, at a public hearing first convened on August 30, 1993, and reconvened at 2:00 p.m. on September 16, 1993, under Docket Number 2041, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street, Austin, Texas, adopted a modified version of a proposal by the Office of Public Insurance Counsel (OPIC) to establish a mandatory discount for personal automobile coverage for each qualified person completing an alcohol and drug education course meeting certain criteria. OPIC's petition (Reference Number A-0793-17) was published in the July 27, 1993, issue of the Texas Register (18 TexReg 4945). The new discount, which applies to liability, medical payments, personal injury protection, and collision coverages, is established by amending the Texas Automobile Rules and Rating Manual, Rule 74.E., "Driver Credits." The second sentence of that rule is amended to read: "With the exception of application of the alcohol and drugs driving awareness training credits, the credits shall not be cumulative on any one auto, but application of one of these credits to one auto on a policy will not preclude application of other credits to other autos on the policy provided the necessary qualifications are met." Rule 74.E. is further amended by adding Section 3 as follows: "3. Alcohol and drugs driving awareness training credits. "a. An auto afforded personal auto coverage shall have a credit of 5.0% applied to the rate otherwise applicable; provided satisfactory evidence (certificate, or photostat thereof) is presented to the company that the principal operator of such auto has successfully completed an alcohol and drug driving awareness course which meets the following standards: "(1) The Texas Commission on Alcohol and Drug Abuse must certify the organization sponsoring the course as well as any instructor teaching the course. "(2) The course must be approved by the Texas Commission on Alcohol and Drug Abuse. "(3) The course must be composed of a minimum six hours of classroom instruction. "b. If the policy insures two or more autos the credit shall apply to each auto principally operated by the person awarded the certificate of course completion. "c. The credit shall apply for a period of 36 months subsequent to the date of issuance of the certificate of completion. Following such 36 month period, in order to again qualify for such credit, the course must be again successfully completed and evidence again presented to the company. "d. Drivers who have been convicted of DWI or DUI or minor in possession within the last seven years are not eligible for the discount. Drivers who are convicted of DWI or DUI or minor in possession after taking the course will not be eligible for the discount for seven years from the date of the conviction." The State Board of Insurance has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.96, 5.98, and 5.101. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure and Texas Register Act. Consistent with the Insurance Code, Article 5.96(h), the Department will notify all insurers writing automobile insurance of this adoption by letter summarizing the Board's action. Issued in Austin, Texas, on October 13, 1993. TRD-9330373 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: December 1, 1993 Filed: October 13, 1993