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 IV. Office of the Secretary of State Chapter 105. Solicitations 1 TAC sec.sec.105.1, 105.4, 105.7 The Office of the Secretary of State adopts new sec.sec.105.1, 105.4, 105.7, 105.31, 105.34, 105.101, 105.104, 105.106, 105.109, 105.131, 105.133, 105.135, 105.140, 105.201, 105.204, and 105.209, concerning public safety solicitations, veterans solicitations, and telephone solicitations, without changes to the proposed text as published in the September 14, 1993, issue of the Texas Register (18 TexReg 6159). Section 105.37 is adopted with a change to correct the reference in sec.105.37(c) to reflect sec.105.34(b) of the rules rather than sec.105.4(b). Adoption of the new rules will provide individuals and companies with a clarification of the procedure necessary to comply with the registration and update requirements for the described entities that are involved in solicitations. No comments were received regarding adoption of the new rules. Subchapter A-Public Safety Solicitations Public Safety Organizations, Public Safety Publications, and Certain Independent Promoters The rules are adopted under the Texas Government Code, sec.2001.004(1); Acts 1993, 73rd Legislature, Chapter 920, effective September 1, 1993 (Public Safety Solicitations); Acts 1993, 73rd Legislature, Chapter 483, effective September 1, 1993, (Veterans Solicitations); and Acts 1993, 73rd Legislature, Chapter 569, effective September 1, 1993 (Telephone Solicitations) which provide the secretary of state with the authority to prescribe and adopt rules. 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 19, 1993. TRD-9330642 Audrey Selden Assistant Secretary of State Office of the Secretary of State Effective date: November 9, 1993 Proposal publication date: September 14, 1993 For further information, please call: (512) 463-5558 Solicitors for Public Safety Organizations, Public Safety Publications, and Certain Independent Promoters 1 TAC sec.sec.105.31, 105.34, 105.37 The sections are adopted under the Texas Government Code, sec.2001.004(1), and Acts 1993, 73rd Legislature, Chapter 920, effective September 1, 1993, which provide the secretary of state with the authority to promulgate rules. sec.105.37. Filing Fees. (a) The filing fee for a solicitor's registration statement is $500. (b) The filing fee for an annual updated solicitor's registration statement is $500. (c) The filing fee for an updated statement pursuant to sec.105.34(b) of these rules is $50. 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 19, 1993. TRD-9330643 Audrey Selden Assistant Secretary of State Office of the Secretary of State Effective date: November 9, 1993 Proposal publication date: September 14, 1993 For further information, please call: (512) 463-5558 Subchapter B. Veterans Solicitations Veterans Organizations 1 TAC sec.sec.105.101, 105.104, 105.106, 105.109 The sections are adopted under the Texas Government Code, sec.2001.004(1), and Acts 1993, 73rd Legislature, Chapter 483, effective September 1, 1993, which provide the secretary of state with the authority to promulgate rules. 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 19, 1993. TRD-9330644 Audrey Selden Assistant Secretary of State Office of the Secretary of State Effective date: November 9, 1993 Proposal publication date: September 14, 1993 For further information, please call: (512) 463-5558 Solicitors for Veterans Organizations 1 TAC sec.sec.105.131, 105.133, 105.135, 105.140 The sections are adopted under the Texas Government Code, sec.2001.004(1), and Acts 1993, 73rd Legislature, Chapter 483, effective September 1, 1993, which provide the secretary of state with the authority to promulgate rules. 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 19, 1993. TRD-9330645 Audrey Selden Assistant Secretary of State Office of the Secretary of State Effective date: November 9, 1993 Proposal publication date: September 14, 1993 For further information, please call: (512) 463-5558 Subchapter C. Telephone Solicitations 1 TAC sec.sec.105.201, 105.204, 105.209 The sections are adopted under the Texas Government Code, sec.2001.004(1), and Acts 1993, 73rd Legislature, Chapter 569, effective September 1, 1993, which provide the secretary of state with the authority to promulgate rules. 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 19, 1993. TRD-9330646 Audrey Selden Assistant Secretary of State Office of the Secretary of State Effective date: November 9, 1993 Proposal publication date: September 14, 1993 For further information, please call: (512) 463-5558 TITLE 16. ECONOMIC REGULATIONS Part I. Railroad Commission of Texas Chapter 3. Oil and Gas Division Conservation Rules and Regulations 16 TAC sec.3.70 The Railroad Commission of Texas adopts the repeal of sec.3.70 (Statewide Rule 80) concerning Commission Forms Required to be Filed, without changes to the proposed text as published in the May 11, 1993, issue of the Texas Register (18 TexReg 3013). The Commission adopts the repeal of sec.3.70 because the provisions of this section have been included in new sec.3.70 relating to Commission Forms Required to be Filed, adopted July 19, 1993, and published in the July 27, 1993, issue of the Texas Register (18 TexReg 4949). No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Natural Resources Code, sec.81.052, which provides the commission with the authority to adopt all necessary rules for governing and regulating persons and their operations under the jurisdiction of the commission. sec.3.70. Commission Forms Filed. 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 18, 1993. TRD-9330636 Mary Ross McDonald Assistant Director, Legal-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: November 9, 1993 Proposal publication date: May 11, 1993 For further information, please call: (512) 463-7051 TITLE 22. EXAMINING BOARDS Part XXIV. Texas Board of Veterinary Medical Examiners Chapter 571. Licensing License Renewals 22 TAC sec.571.60 The Texas Board of Veterinary Medical Examiners adopts new sec.571.60, concerning Expiration of License to Practice, without changes to the proposed text as pubished in the August 17, 1993, issue of the Texas Register (18 TexReg 5464). The new section establishes a deadline for license renewal. The new section will function by requiring veterinarians to renew their license to practice veterinary medicine in the State of Texas by March 1st of each year. No comments were received regarding adoption of the new section. The new section is adopted under the Veterinary Licensing Act, Article 8890, sec.7(a), which provides the Texas Board of Veterinary Medical Examiners with the authority to make, alter, or amend such rules and regulations as may be necessary to carry into effect the provisions of the 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 18, 1993. TRD-9330658 Ron Allen Executive Director Texas Board of Veterinary Medical Examiners Effective date: November 9, 1993 Proposal publication date: August 17, 1993 For further information, please call: (512) 447-1183 Chapter 575. Practice and Procedure Practice and Procedure 22 TAC sec.575.26 The Texas Board of Veterinary Medical Examiners adopts new sec.575.26, concerning Complaint Form, without changes to the proposed text as published in the August 17, 1993, issue of the Texas Register (18 TexReg 5470). The new section is necessary to be in accordance with mandates contained in the amended Veterinary Licensing Act. The section will function by requiring the form to be utilized for obtaining consumer complaints concerning DVMs. No comments were received regarding adoption of the new sections. The new section is adopted under the veterinary Licensing Act, Article 8890, sec.18B(c), which provides the Texas Board of Veterinary Medical Examiners with the authority to adopt a form to standardize information concerning complaints made to the Board. The Board by rule shall prescribe information to be provided to a person when the person files a complaint with the Board. 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 18, 1993. TRD-9330664 Ron Allen Executive Director Texas Board of Veterinary Medical Examiners Effective date: November 9, 1993 Proposal publication date: August 17, 1993 For further information, please call: (512) 447-1183 Chapter 577. General Administration and Duties Staff and Miscellaneous 22 TAC sec.577.16 The Texas Board of Veterinary Medical Examiners adopts new sec.577.16, concerning responsibilities of Board and Staff, without changes to the proposed text as published in the August 17, 1993, issue of the Texas Register (18 TexReg 5475). The new section defines the responsibilities of the Board and those of the staff. The new section functions will function by requiring the Board to be responsible for establishing policies and rules to maintain a high standard of integrity, skill, and practice in the veterinary profession. The staff will be responsible for implementing the Board's directives. No comments were received regarding adoption of the new section. The new section is adopted under the Veterinary Licensing Act, Article 8890, sec.5B, which provides the Texas Board of Veterinary Medical Examiners with the authority to develop and implement policies that clearly define the respective responsibilities of the Board and the staff of the Board. 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 18, 1993. TRD-9330668 Ron Allen Executive Director Texas Board of Veterinary Medical Examiners Effective date: November 9, 1993 Proposal publication date: August 17, 1993 For further information, please call: (512) 447-1183 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety Chapter 3. Traffic Law Enforcement Accident Investigations 37 TAC sec.3.9 The Texas Department of Public Safety adopts an amendment to sec.3.9, without changes to the proposed text as published in the September 3, 1993, issue of the Texas Register (18 TexReg 5877). The adoption of the amendment revises the Peace Officers Accident Report Form to provide means for parties involved in accidents to choose to receive or not to receive solicitation for business and deletes the Texas Peace Officers Accident Casualty Supplement. The Texas Peace Officers Accident Report, adopted by reference, is revised to include a means of designating whether an involved party does or does not desire to receive contact from persons seeking professional employment as/for an attorney, chiropractor, physician, surgeon, private investigator, or any other person registered or licensed by a Health Care Regulatory Agency. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article, 6701d, sec.45, and the Texas Government Code, sec.411.006(4), which provide the Texas Department of Public Safety, with the authority prepare and upon request supply to police departments, coroners, sheriffs, garages, and other suitable agencies or individuals, forms for accident report required hereunder, appropriate with respect to the persons required to make such reports and the purposes to be served. The director, subject to approval of the commission, shall have authority to adopt rules considered necessary for the control of the department. 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-9330619 James R. Wilson Director Texas Department of Public Safety Effective date: November 8, 1993 Proposal publication date: September 3, 1993 For further information, please call: (512) 465-2000 Chapter 25. Safety Responsibility Regulations 37 TAC sec.25.20, sec.25.21 The Texas Department of Public Safety adopts amendments to sec.25.20, and sec.25.21, without changes to the proposed text as published in the September 3, 1993, issue of the Texas Register (18 TexReg 5877). The adoption of the amendments will ensure the public is aware of acceptable proof of financial responsibility and to establish departmental uniformity in administering the Safety Responsibility Act. Section 25.20(a) and sec.25.21(a) are amended by deleting language and adding language and additional paragraphs. These amendments promulgate what is acceptable to the Department of Public Safety as evidence of financial responsibility. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article, 6701h, sec.2, which provide the Texas Department of Public Safety, with the authority to make rules and regulations necessary for the administration of that 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 12, 1993. TRD-9330620 James R. Wilson Director Texas Department of Public Safety Effective date: November 8, 1993 Proposal publication date: September 3, 1993 For further information, please call: (512) 465-2000 Part III. Texas Youth Commission Chapter 81. Administrative Provisions General 37 TAC sec.81.4 The Texas Youth Commission (TYC) adopts new sec.81.4, concerning prevailing wage rates for construction projects, without changes to the proposed text as published in the September 14, 1993, issue of the Texas Register (18 TexReg 6197). The new rule will ensure that TYC construction projects comply with Texas Civil Statutes, Article 5159a, Construction of Public Works in State and Municipal or Political Subdivisions; Prevailing Wage Rate to be maintained. The new rule will mean that wage rates paid to each worker on the project by any contractor on the project will be no less than the prevailing wage rate in the locality of the project. No comments were received regarding adoption of the new rule. The new section is adopted under the Human Resources Code, sec.61.048, which provides the Texas Youth Commission with the authority to employ professional, technical, and clerical personnel to carry out the design and construction functions when constructing or improving buildings. 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 18, 1993. TRD-9330650 Jay Lindgren Acting Executive Director Texas Youth Commission Effective date: November 9, 1993 Proposal publication date: September 14, 1993 For further information, please call: (512) 483-5244 Chapter 83. Contracted Youth Services 37 TAC sec.sec.83.7, 83.9, 83.12, 83.41 The Texas Youth Commission (TYC) adopts amendments to sec. sec.83.7, 83.9, 83. 12, and 83.41, concerning contracting for residential and nonresidential services, rate setting, start-up funds, and admission and referral to contract programs, without changes to the proposed text as published in the September 14, 1993, issue of the Texas Register (18 TexReg 6198). The amendments will result in a more efficient contracting process. The amendments incorporate references to the Texas Health and Human Services Commission and delete references to the Texas Health and Human Services Coordinating Council in TYC rules. References to changes in rate have been expanded to include changes in guarantee or level of care. No comments were received regarding adoption of the amendments. The amendments are adopted under the Human Resources Code, sec.61.037, which provides the Texas Youth Commission with the authority to enter into agreements with appropriate public or private agencies. 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 18, 1993. TRD-9330652 Jay Lindgren Acting Executive Director Texas Youth Commission Effective date: November 9, 1993 Proposal publication date: September 14, 1993 For further information, please call: (512) 483-5244 Chapter 85. Admission and Placement Commitment and Reception 37 TAC sec.85.1 The Texas Youth Commission (TYC) adopts an amendment to sec.85.1, concerning commitment and reception, without changes to the proposed text as published in the September 14, 1993, issue of the Texas Register (18 TexReg 6202). The amendment will bring about a more efficient admission process of youth committed to TYC. The amendment removes the reference to a document that previously could be submitted in place of the current Common Application. The Common Application is required documentation by TYC. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.065, which provides the Texas Youth Commission with the authority to request required reports for a youth committed to TYC be made on forms furnished by the commission or according to an outline furnished 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 October 18, 1993. TRD-9330656 Jay Lindgren Acting Executive Director Texas Youth Commission Effective date: November 9, 1993 Proposal publication date: September 14, 1993 For further information, please call: (512) 483-5244 Placement Planning 37 TAC sec.85.21, sec.85.37 The Texas Youth Commission (TYC) adopts amendments to sec.85.21, and sec.85. 37, concerning program assignment system and discharge of youth committed to TYC, without changes to the proposed text as published in the September 14, 1993, issue of the Texas Register (18 TexReg 6202). The amendments will bring about a more efficient system for placement of youth, length of stay determination for youth, and discharge of youth committed to TYC. The amendments clarify that placement guidelines are used each time a youth is moved and not just on initial placement. Amendments to the discharge section clarify criteria for the discharge of youth who were ever classified as chronic serious offenders or controlled substance dealers, and youth classified as general offenders and firearms offenders. No comments were received regarding adoption of the amendments. The amendments are adopted under the Human Resources Code, sec.61.075, which provides the Texas Youth Commission with the authority to order the youth's confinement under conditions it believes best designed for the youth's welfare and interests of the public, and to discharge the youth from control when it is satisfied that discharge will best serve the youth's welfare and the protection of the public. 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 18, 1993. TRD-9330651 Jay Lindgren Acting Executive Director Texas Youth Commission Effective date: November 9, 1993 Proposal publication date: September 14, 1993 For further information, please call: (512) 483-5244 Chapter 87. Treatment Placement Planning 37 TAC sec.87.11 The Texas Youth Commission (TYC) adopts an amendment to sec.87.11, concerning placement planning, without changes to the proposed text as published in the September 14, 1993, issue of the Texas Register (18 TexReg 6205). The amendment will allow TYC to provide better substance abuse programs for TYC youth. The amendment allows TYC to provide substance abuse programs consistent with federal and state mandates and guidelines. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to adopt rules for programs under its authority that are conducted according to 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 October 18, 1993. TRD-9330654 Jay Lindgren Acting Executive Director Texas Youth Commission Effective date: November 9, 1993 Proposal publication date: September 14, 1993 For further information, please call: (512) 483-5244 Basic Care Services 37 TAC sec.87.71 The Texas Youth Commission (TYC) adopts an amendment sec.87.71, concerning basic care services, without changes to the proposed text as published in the September 14, 1993, issue of the Texas Register (18 TexReg 6206). The amendment will allow TYC youth to personalize their rooms safely. The amendment will allow youth to personalize their rooms to a limited extent and maintain a safe environment. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.045, which provides the Texas Youth Commission with the authority to have general charge of and be responsible for the welfare, custody, and rehabilitation of the youth in a school, facility or program operated or funded 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 October 18, 1993. TRD-9330655 Jay Lindgren Acting Executive Director Texas Youth Commission Effective date: November 9, 1993 Proposal publication date: September 14, 1993 For further information, please call: (512) 483-5244 Chapter 91. Discipline and Control Disciplinary Practices 37 TAC sec.91.9 The Texas Youth Commission (TYC) adopts an amendment to sec.91.9, concerning parole revocation consequence, without changes to the proposed text as published in the September 14, 1993, issue of the Texas Register (18 TexReg 6206). The amendment will result in a more efficient revocation system. The amendment clarify criteria required for a youth's parole to be revoked in a Level I hearing. Amendments allow revocation when major rule violations occur within any 30 day or 90 day period following transfer, not just the first 30 or 90 days following transfer. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. 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 18, 1993. TRD-9330653 Jay Lindgren Acting Executive Director Texas Youth Commission Effective date: November 9, 1993 Proposal publication date: September 14, 1993 For further information, please call: (512) 483-5244 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part XIX. Texas Department of Protective and Regulatory Services Chapter 700. Child Protective Services Subchapter P. Preparation for Adult Living 40 TAC sec.sec.700.1601-700.1603, 700.1604 The Texas Department of Protective and Regulatory Services (TDPRS) adopts amendments to sec.sec.700.1601-700.1603 and new sec.700.1604, without changes to the proposed text as published in the September 10, 1993, issue of the Texas Register (18 TexReg 6090). The justification for the amendments and new section is to give the department more flexibility in preparing older teenagers in TDPRS-paid substitute care to live independently when they become adults. The amendments substitute the word "youth" for "teenager," allow the department to conduct Independent Living Skills Assessments within eight weeks before or after a participant's 16th birthday and before or after the participant's discharge from substitute care, clarify that transitional-living allowances are intended for youths who have already moved into independent living arrangements, and increase the period over which the department can pay out Title IV-E transitional-living allowances from 6 months to 12 months after TDPRS terminates payments for a youth's substitute care. The new section clarifies that if funds are still available after providing required PAL services and stipends, TDPRS may arrange for program participants to receive additional services and stipends to help them prepare to live independently. The amendments and new section will function by helping older teenagers in foster care make better transitions into adulthood by improving their preparation for independent living. No comments were received regarding adoption of the amendments and new section. The amendments and new section are adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs, and under Texas Civil Statutes, Article 4413 (503), 72nd Legislature, which transferred all functions, programs, and activities related to the child protective services program from the Texas Department of Human Services to TDPRS. The amendments and new section implement the Texas Family Code, Title 2, Chapter 34. 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 19, 1993. TRD-9330630 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Protective and Regulatory Services Effective date: December 1, 1993 Proposal publication date: September 10, 1993 For further information, please call: (512) 450-3765