Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 5. Quarantines Pink Bollworm Quarantine 4 TAC sec.sec.5.172, 5.175-5.179 The Texas Department of Agriculture adopts amendments to sec.sec.5.175, 5.178, and 5.179, with changes to the proposed text as published in the July 6, 1993, issue of the Texas Register (18 TexReg 4371). Sections 5.172, 5.176, and 5.177 are adopted without changes and will not be republished. The amendments as adopted clarify the language that is unclear relating to the date when cotton destruction must occur, the extension request procedure, and the destruction methodology to be utilized by farmers. In addition, the amendments are made to distinguish these zones from those established under Chapter 6 of this title. Section 5.175(a) has been changed for purposes of clarification. For purposes of clarification, the referral to "whole" counties in sec.5.178 is deleted throughout the section. For purposes of clarification, the language in sec.5.179 referring to stalk destruction deadlines in each zone has been changed from "by" to "on or before" and establishes rules for requesting extensions to the planting and destruction deadlines. Section 5.172 defines mechanical destruction, and sec.5.175 and sec.5.176 delete the requirement for the commissioner to regulate movement of quarantined articles. Section 5.177 deletes redundant language, and sec.5.178 deletes all counties from these zones that are already covered under the boll weevil control act in Chapter 6 of this title. One comment was received regarding changes to the destruction deadline for Zone 4. The producers in that zone requested a deadline extension of one month to allow additional time for cotton stalk destruction. The department is not in favor of extending the destruction deadline because the department believes that the date currently established for Zone 4 is necessary to ensure the early destruction of the pink bollworm habitat. The amendments are adopted under the Texas Agriculture Code, sec.74.054, which provides the Texas Department of Agriculture with the authority to adopt rules which govern the growing of a host plant; and sec.74.006, which provides the department with the authority to adopt rules which are necessary for the efficient enforcement and administration of Chapter 74. sec.5.175. Movement of Quarantined Articles. (a) Within quarantined areas. There are no restrictions to the movement of quarantined articles within quarantined areas under normal conditions. However, if an inspector determines that the movement of quarantine articles may result in expansion of the quarantined area or in increased infestation, a permit may be required. (b) Within free areas. There are no restrictions to the movement of quarantined articles within free areas under normal conditions. However, if an inspector determines that such movement may result in expansion of the quarantined area or in increased infestation, a permit may be required. (c) From a quarantined area to a free area. A permit is required except when an inspector determines that there will be little or no danger of increased infestation or expansion of the quarantined area by such movement, in which case a permit may be waived. (d) From a free area into or through a quarantined area. No permit is required except when an inspector determines that the movement may cause an increase in infestation or expansion of a quarantined area. A permit may then be required. sec.5.178. Quarantine Zones. (a) Zone 1. Includes the following counties: Atascosa, Bexar, DeWitt, Frio, Goliad, Karnes, Kinney, Live Oak, Maverick, Medina, Uvalde, Val Verde, Wilson, and Zavala. (b) Zone 2. Includes the following counties: Chambers, Colorado, Fayette, Galveston, Gonzales, Harris, Jefferson, Lavaca, Liberty, Orange, Waller, and Washington. (c) Zone 3. Includes the following counties: Bastrop, Caldwell, Comal, Guadalupe, Hays, Lee, Travis, and Williamson. (d) Zone 4. Includes the following counties: Anderson, Angelina, Bell, Bosque, Brazos, Burleson, Burnet, Coryell, Cherokee, Ellis, Falls, Freestone, Grimes, Hamilton, Hardin, Henderson, Hill, Hood, Houston, Jasper, Johnson, Lampasas, Leon, Limestone, McLennan, Madison, Milam, Montgomery, Nacogdoches, Navarro, Newton, Panola, Polk, Robertson, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Somervell, Trinity, Tyler, and Walker. (e) Zone 5. Includes the following counties: Pecos, Ward, and Reeves. sec.5.179. Authorized Planting and Stalk Destruction Dates. (a) All cotton plants in any of the quarantine zones set forth in sec.5. 178 of this title (relating to Quarantine Zones) must be planted and mechanically destroyed by the authorized planting and stalk destruction deadlines indicated for each zone. This must be accomplished by shredding or plowing-out the plants in such a way as to absolutely prevent further growth and to the point where there are no standing cotton stalks or regrowth. (1) Zone 1. (A) Planting dates: March 5-May 10. (B) Stalk destruction date: on or before October 10. (2) Zone 2. (A) Planting dates: March 10-May 20. (B) Stalk destruction date: on or before October 20. (3) Zone 3. (A) Planting dates: March 10-May 20. (B) Stalk destruction date: on or before October 31. (4) Zone 4. (A) Planting dates: March 20-May 31. (B) Stalk destruction date: on or before November 30. (5) Zone 5. Stalk destruction date: on or before February 1. (b) Granting extensions of dates. The department may, on written request by a farm owner or operator, grant an extension of the planting or stalk destruction dates. (1) A written request must include the ASCS Farm/Tract Number, the reason for the request, the amount of acreage subject to the request, and the amount of time needed to complete planting or destruction. If an extension is requested on more than one farm, the farm operator or farm owner must submit a separate request for each farm or tract. (2) All requests for extensions must be postmarked prior to the last planting date or stalk destruction date, whichever is applicable. (c) Responsibility for compliance. The owner of the land in question and the tenant, if any, leasing such land to grow cotton shall be jointly and/or severally responsible for conducting cotton production within the limitation of these regulations and any infraction of the law as incorporated in these regulations as a part of the pink bollworm law shall apply against both the owner, or his duly authorized agent, and tenant involved. 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 November 10, 1993. TRD-9332222 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: December 8, 1993 Proposal publication date: July 6, 1993 For further information, please call: (512) 463-7583 TITLE 22. EXAMINING BOARDS Part III. Texas Board of Chiropractic Examiners Chapter 76. Investigations 22 TAC sec.sec.76.1-76.7 The Texas Board of Chiropractic Examiners adopts new sec. sec.76.1-76.7, concerning investigations. Section 76.1 and sec.76.3 are adopted with changes to the proposed text as published in the August 31, 1993, issue of the Texas Register (18 TexReg 5829). Sections 76.2, 76.4-76.7 are adopted without changes and will not be republished. The sections were adopted to protect the public from those licensees of this Board who may be in violation of the Chiropractic Act. Section 76.1 and sec.76.3 were changed to reflect correct Government Codes and to change terminology to make the chapter more understandable. The sections will clarify the investigatory authority of the Board and will set appropriate parameters under which investigations may be conducted. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 4512b, which provide the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules as deemed necessary. sec.76.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Act-Texas Civil Statutes, Article 4512b, Practice of Chiropractic. APA-Chapter 2001 of the Government Code. Board-The Texas Board of Chiropractic Examiners. Board member-One of the decision-making body defined in this section as the board. Licensee-An individual who has been granted a license to practice chiropractic by the Texas Board of Chiropractic Examiners and whose license is active and not under suspension. Practitioner-A doctor of chiropractic, who is licensed and authorized to practice under the Act. sec.76.3. Request for Information and Records from Practitioners. (a) Chiropractic records. The patient, or other person authorized to consent, has the right to withdraw his consent to the release of any information. Withdrawal of consent does not affect any information disclosed prior to the written notice of the withdrawal. Any person who received information made confidential by this Act may disclose the information to others only to the extent consistent with the authorized purposes for which consent to release information was obtained. These records shall be furnished to the board within two weeks of the date of the board's request. A licensee shall furnish copies of chiropractic records, or a summary or narrative of the records, or the original records if the board provides the licensee with a medical record release form signed by the patient, or a parent or legal guardian if the patient is a minor, or a legal guardian if the patient has been adjudicated incompetent to manage his personal affairs, or an attorney ad litem appointed for the patient, as authorized by the Texas Mental Health Code (Texas Civil Statutes, Article 5547-1 et seq); the Mentally Retarded Persons Act of 1977 (Texas Civil Statutes, Article 5547-300); Section 9, Chapter 411, Acts of the 53rd Legislature, Regular Session, 1953 (Texas Civil Statutes, Article 5561c); Section 2, Chapter 543, Acts of the 61st Legislature, Regular Session, 1969 (Texas Civil Statutes, Article 5561c-1); Chapter 5, Texas Probate Code; and Chapter 11, Family Code; or a personal representative if the patient is deceased, provided that the written consent specifies the following: (1) the information or chiropractic records to be covered by the release; (2) the reasons or purposes for the release; and (3) the person to whom the information is to be released. (b) Renewal of licenses. A licensee shall furnish a written explanation of his or her answer to any question asked on the application for license renewal, if requested by the board. This explanation shall include all details as the board may request and shall be furnished within two weeks of the date of the board's request. (c) Impaired practitioners. (1) The board shall require a licensee to submit to a mental and/or physical examination by the appropriate health care provider designated by the board if the board has probable cause to believe that the licensee is impaired. An impaired practitioner is considered to be one who is unable to practice chiropractic with reasonable skill and safety to patients by reason of age, illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material; or as a result of any mental or physical condition. (2) Probable cause may include, but is not limited to, any one of the following: (A) sworn statements from two people, willing to testify before the board, that a certain licensee is impaired; (B) evidence that a licensee left a treatment program for alcohol or chemical dependency before completion of that program; (C) evidence that a licensee is guilty of intemperate use of drugs or alcohol; (D) evidence of repeated arrests of a licensee for intoxication; (E) evidence of recurring temporary commitments to a mental institution of a licensee; or (F) chiropractic records showing that licensee has an illness or condition which results in the inability to function properly in his or her practice. 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 November 17, 1993. TRD-9332333 Patte B. Kent Executive Director Texas Board of Chiropractic Examiners Effective date: December 9, 1993 Proposal publication date: August 31, 1993 For further information, please call: (512) 305-6700 Part XVII. Texas State Board of Plumbing Examiners Chapter 361. Administration General Provisions 22 TAC sec.361.1, sec.361.6 The Texas State Board of Plumbing Examiners adopts amendments to sec.361.1 and sec.361.6, concerning Water Supply Protection Specialist Endorsement and Medical Gas Endorsement, without changes to the proposed text as published in the September 21, 1993, issue of the Texas Register (18 TexReg 6410). The adoption of the amendments is justified because the public health, safety, and welfare will be enhanced by ensuring each person has access to clean water because of water supply systems inspected by qualified inspectors and by ensuring medical gas systems have been installed in such a manner as to prevent infection and/or to prevent an unintended cross-connection of breathable and lethal gases. The amendments to sec.361.1 and sec.361.6 concern appropriate syntax additions, definitions, and fee structures. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License 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 November 8, 1993. TRD-9332225 Gilbert Kissling Administrator Texas State Board of Plumbing Examiners Effective date: December 8, 1993 Proposal publication date: September 21, 1993 For further information, please call: (512) 458-2145 The Texas State Board of Plumbing Examiners adopts an amendment to sec.361. 1, concerning prerequisite continuing professional education programs/courses for practicing plumbers to renew their licenses annually and clarification of language concerning the plumbing apprentice; and an amendment to sec.361.6, to delete verbiage, without changes to the proposed text as published in the October 1, 1993, issue of the Texas Register (18 TexReg 6721). The adoption of the amendments is justified because the public health, safety, and welfare will be enhanced by ensuring each person has access to clean water and clean air because of plumbing installed and maintained by competent plumbers and inspected by competent plumbing inspectors. The amendment to sec.361.1 concern appropriate syntax additions and definitions whereas the amendment to sec.361.6 delete wordiness. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License 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 November 8, 1993. TRD-9332224 Gilbert Kissling Administrator Texas State Board of Plumbing Examiners Effective date: December 8, 1993 Proposal publication date: October 1, 1993 For further information, please call: (512) 458-2145 Petition For Adoption of Rules 22 TAC sec.361.22 The Texas State Board of Plumbing Examiners adopts an amendment to sec.361. 22, concerning Water Supply Protection Specialist Endorsement and Medical Gas Endorsement, without changes to the proposed text as published in the September 21, 1993, issue of the Texas Register (18 TexReg 6412). The adoption of the amendment is justified because the public health, safety, and welfare will be enhanced by ensuring each person has access to clean water because of water supply systems inspected by qualified inspectors and by ensuring medical gas systems have been installed in such a manner as to prevent infection and/or to prevent an unintended cross-connection of breathable and lethal gases. The amendment to sec.361.22 concerns appropriate syntax additions. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License 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 November 8, 1993. TRD-9332226 Gilbert Kissling Administrator Texas State Board of Plumbing Examiners Effective date: December 8, 1993 Proposal publication date: September 21, 1993 For further information, please call: (512) 458-2145 Chapter 363. Examinations Qualifications 22 TAC sec.sec.363.1, 363.5, 363.7, 363.9, 363.11 The Texas State Board of Plumbing Examiners adopts amendments to sec.sec.363. 1, 363.5, 363.7, 363.9, and 363.11, concerning Water Supply Protection Specialist Endorsement and Medical Gas Endorsement, without changes to the proposed text as published in the September 21, 1993, issue of the Texas Register (18 TexReg 6412). The adoption of the amendments is justified because the public health, safety, and welfare will be enhanced by ensuring each person has access to clean water because of water supply systems inspected by qualified inspectors and by ensuring medical gas systems have been installed in such a manner as to prevent infection and/or to prevent an unintended cross-connection of breathable and lethal gases. The amendments to sec.363.1, 363.5, 363.7, 363.9, and 363.11 concern appropriate syntax additions, criteria to obtain the water supply protection specialist endorsement and the medical gas technician endorsement, and criteria to offer a training program in water supply protection and medical gas installation. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License 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 November 8, 1993. TRD-9332228 Gilbert Kissling Administrator Texas State Board of Plumbing Examiners Effective date: December 8, 1993 Proposal publication date: September 21, 1993 For further information, please call: (512) 458-2145 22 TAC sec.363.1, sec.363.9 The Texas State Board of Plumbing Examiners adopts amendments to sec.363.1 and sec.363.9, without changes to the proposed text as published in the October 1, 1993, issue of the Texas Register (18 TexReg 6722). The adoption of the amendments is justified because public health, safety, and welfare will be enhanced by ensuring each person has access to clean water and clean air because of plumbing installed and maintained by competent plumbers and inspected by competent plumbing inspectors. The amendment to sec.363.1 sets forth the rules regarding qualifications to apply for the master plumber's license, the journeyman plumber's license, and the plumbing inspector's license. With regard to the master plumber's license, the amendment sets forth (a) the age requirements and (b) the number of years an individual must have held the journeyman's license before applying for the master's license. With regard to the journeyman plumber's license, the amendment sets forth the age requirements, the education requirements, and the number of hours of work experience required before applying for the journeyman's license. With regard to the plumbing inspector's license, the age requirement to apply for the plumbing inspector's license is amended. The amendment also deletes archaic rules. The amendment to sec.363.9 sets forth the qualifications for re- examination. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License 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 November 8, 1993. TRD-9332227 Gilbert Kissling Administrator Texas State Board of Plumbing Examiners Effective date: December 8, 1993 Proposal publication date: October 1, 1993 For further information, please call: (512) 458-2145 Chapter 365. Licensing 22 TAC sec.sec.365.1, 365.3-365.6, 365.9, 365.10 The Texas State Board of Plumbing Examiners adopts amendments to sec.sec.365. 1, 365.3-365.6, 365.9, and 365.10, concerning Water Supply Protection Specialist Endorsement and Medical Gas Endorsement, without changes to the proposed text as published in the September 21, 1993, issue of the Texas Register (18 TexReg 6413). The adoption of the amendments is justified because the public health, safety, and welfare will be enhanced by ensuring each person has access to clean water because of water supply systems inspected by qualified inspectors and by ensuring medical gas systems have been installed in such a manner as to prevent infection and/or to prevent an unintended cross-connection of breathable and lethal gases. The amendments to sec.sec.365.1, 365.3-365.6, 365.9, and 365.10 concern definitions of water supply protection specialist and medical gas piping technician regarding each's respective license endorsement, qualifications and procedures for the initial issuance and renewal of each endorsement, and appropriate syntax additions. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License 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 November 8, 1993. TRD-9332229 Gilbert Kissling Administrator Texas State Board of Plumbing Examiner Effective date: December 8, 1993 Proposal publication date: September 21, 1993 For further information, please call: (512) 458-2145 22 TAC sec.sec.365.2, 365.5, 365.14 The Texas State Board of Plumbing Examiners adopts amendments to sec.365.2 and sec.365.5, concerning clarification of language regarding the plumbing apprentice and prerequisite continuing professional education programs/courses for practicing plumbers to renew their licenses annually; new sec.365.14, concerning approval criteria for prospective providers of continuing education programs/courses; and a "cleanup" of sec.365.11(d), with changes to the proposed text as published in the October 1, 1993, issue of the Texas Register (18 TexReg 6723). The adoption of the amendments is justified because public health, safety, and welfare will be enhanced by ensuring each person has access to clean water and clean air because of plumbing installed and maintained by competent plumbers and inspected by competent plumbing inspectors. The amendment to sec.365.2 concerns an appropriate syntax addition. The amendment to sec.365.5 sets forth the rule whereby any journeyman plumber, master plumber, or plumbing inspector wishing to renew his/her license must submit to the administration of the Texas State Board of Plumbing Examiners Board-approved documentation of successful completion within the previous license year of six hours of Board-approved continuing education. The new sec.365.14 sets forth the criteria for Board approval of prospective providers of continuing education programs/courses. The "cleanup" of sec.365.11(d) makes the rule consistent with the adopted amendment to companion rule sec.363.1. No comments were received regarding adoption of the amendments and new section. The amendments and new section are adopted under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License Law. sec.365.2. Apprentice Registration. A registered plumber's apprentice must be at least 16 years of age and may record employment by applying to the board for registration. sec.365.5. Renewals. (a) The board shall inform a licensee of the impending expiration of a license or endorsement by sending written notice at lest 30 days before its expiration date to the licensee's last known mailing address according to board records. (b) A licensee may renew an unexpired license or endorsement before its expiration date by paying the fee required by the board. (c) The licensee's failure to receive the notice of expiration will not alter the licensee's responsibility to renew the license each year or endorsement every three years by its expiration date. (d) In the case of the renewal of a plumbing inspector's license, the licensee must submit written proof of employment by a political subdivision along with the required renewal fee. (e) Beginning September 1, 1994, any journeyman plumber, master plumber, or plumbing inspector wishing to renew a license must submit to the administrator board-approved documentation of successful completion within the previous license year of six hours of board-approved continuing education. sec.365.14. Continuing Education Programs. (a) Any person wishing to offer continuing education in plumbing to the public must meet criteria as prescribed by the board. Such persons shall provide to the board instructor credentials for board approval. The board will approve a course and textbook. (b) Instructors must be licensees of the board, attend an instructor certification each year conducted by the board, be certified by the Central Education Agency, and be employed by a program that meets exemption or certification requirements of the Central Education Agency. (c) Continuing education programs shall be reviewed annually by the board to ensure that programs have been provided equitably across the State of Texas. (d) Periodically, the board shall review continuing education programs for quality in content and instruction. The board shall also respond to complaints regarding approved 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 November 8, 1993. TRD-9332223 Gilbert Kissling Administrator Texas State Board of Plumbing Examiners Effective date: December 8, 1993 Proposal publication date: October 1, 1993 For further information, please call: (512) 458-2145 Chapter 367. Enforcement 22 TAC sec.367.1 The Texas State Board of Plumbing Examiners adopts an amendment to sec.367. 1 concerning plumbing codes for the State of Texas, with changes to the proposed text as published in the October 1, 1993 issue of the Texas Register (18 TexReg 6724). The adoption of the amendment is justified because public health, safety, and welfare will be enhanced by ensuring each person has access to clean water and clean air because of plumbing installed and maintained in compliance with the standards in the Southern Standard Plumbing Code, the Uniform Plumbing Code, and the National Standard Plumbing Code. The amendments to sec.367.1 set forth the criteria for compliance and the types of entities that must comply with the amendments. Comments were received regarding adoption of the amendments from the Texas Rural Water Association. Those comments were reviewed and accepted by the Texas State Board of Plumbing Examiners and incorporated as changes to the proposed amendments to sec.367.1. The amendments are adopted under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License Law. sec.367.1. General Provisions. (a) Enforcement of all applicable laws including the act, board rules, and board orders vests in the board. (b) Enforcement of the act, local codes, and ordinances, and local standards of competency vests in local authorities. The board may take disciplinary actions as specified in Chapter 365 of this title (related to licensing) in the event of any violation of any of these requirements. (c) Each locally designated plumbing inspector may enforce the act and municipal ordinances and may file complaints with the board and with local prosecutors. (d) The board may appoint a person knowledgeable of plumbing practice and law as field representative to assist in the enforcement of the act. The field representative may: (1) inspect plumbing work sites to assess compliance with the law; (2) inquire into consumer complaints and reported violations of the law; (3) assist municipal authorities in enforcing the act; and (4) issue citations for violations of the act. (e) The board adopts the Southern Standard Plumbing Code, the Uniform Plumbing Code, and the National Standard Plumbing Code as approved plumbing codes for the State of Texas. (f) A city, town, or village must adopt a plumbing code that does not substantially vary with the approved state codes, conflict with other state laws, or reduce the overall standards of a minimum code. Political subdivisions may require higher minimum standards as needed in order to protect the health and safety of their citizens. (g) Any owner of a public water system other than a city, town, or village may adopt a plumbing code that does not substantially vary with the approved state codes, conflict with other state laws, or reduce the overall standards of a minimum code, and shall otherwise ensure that standards for the design, installation, and maintenance of water utility systems comply with the minimum requirements promulgated by the Texas Natural Resource Conservation Commission, including but not limited to those provisions ensuring detection and elimination of cross connections and those provisions preventing the use of pipes and pipe fittings containing unacceptable levels of lead. 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 November 8, 1993. TRD-9332231 Gilbert Kissling Administrator Texas State Board of Plumbing Examiners Effective date: December 8, 1993 Proposal publication date: October 1, 1993 For further information, please call: (512) 458-2145 22 TAC sec.367.7 The Texas State Board of Plumbing Examiners adopts an amendment to sec.367. 7, concerning Water Supply Protection Specialist Endorsement and Medical Gas Endorsement, without changes to the proposed text as published in the September 21, 1993, issue of the Texas Register (18 TexReg 6415). The adoption of the amendment is justified because the public health, safety, and welfare will be enhanced by ensuring each person has access to clean water because of water supply systems inspected by qualified inspectors and by ensuring medical gas systems have been installed in such a manner as to prevent infection and/or to prevent an unintended cross-connection of breathable and lethal gases. The amendment to sec.367.7 concern appropriate syntax additions. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License 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 November 8, 1993. TRD-9332230 Gilbert Kissling Administrator Texas State Board of Plumbing Examiner Effective date: December 8, 1993 Proposal publication date: September 21, 1993 For further information, please call: (512) 458-2145 Part XXI. Texas State Board of Examiners of Psychologists Chapter 463. Applications 22 TAC sec.463.5 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.463.5, with changes to the proposed text as published in the October 1, 1993, issue of the Texas Register (18 TexReg 6725). The following paragraphs are being adopted with changes: (1)(D) and (4)(C) and (H). The amendment is necessary to clarify that at least two of the reference letters for applicants must be from licensed psychologists, to dispense with contracts for supervision, to move the requirement for the Jurisprudence Examination for applicants by reciprocity to a more appropriate rule, to change the wording to conform to the new law brought into effect by the 73rd Legislative Session, and to clarify the requirements for applications for certification and licensure by reciprocity. The amendment will function to ensure that consumers receive quality psychological services by guaranteeing at least two of the reference letters will be from those who are already licensed, to cut down on the amount of paper work required by the Board thereby reducing expenses and allowing the Board to serve the public in a more cost efficient and timely fashion, and to bring the rule into line with the new law brought into effect by the 73rd Legislative Session. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. sec.463.5. Application File Requirements. An application file must be complete and contain whatever information or examination results the Board requires. An incomplete application remains in the active file for 90 days, at the end of which time, if still incomplete, it is void. If certification or licensure is sought again, a new application and filing fee must be submitted. An applicant cannot have two types of applications for certification or licensure pending before the Board. (1) A completed application for certification as a psychologist or licensure as a psychological associate includes: (A)-(C) (No change.) (D) three acceptable reference letters from three different psychologists, two of whom are licensed. An applicant whose file contains any negative reference letters will be asked to provide a written explanation and/or meet with the Board prior to final approval of the application file. (E) supportive documentation and other materials the Board may deem necessary, including the names of all jurisdictions where the applicant currently holds a certificate or license to practice psychology. (2) A completed application for the Oral Exam includes an application and required fee. (3) A completed application for licensure as a psychologist includes: (A)-(C) (No change.) (D) a written explanation and/or meeting with the Board, prior to final approval, if the application file contains any negative reference letters; (E) supportive documentation and other materials the Board may deem necessary. (4) A completed application for certification and licensure by reciprocity as a psychologist includes: (A)-(B) (No change.) (C) if providing psychological services in Texas before receiving license, must be employed in an exempt agency, or must have a temporary permit, or must be supervised by a licensed psychologist in an acceptable setting which is appropriate for the education/experience background of the applicant; (D)-(G) (No change.) (H) three professional reference letters from three separate psychologists, two of whom are licensed, each of whom must attest without reservation to the applicant's professional competence, ethics, and current fitness to practice. An applicant whose file contains any negative reference letters will be asked to provide a written explanation and/or to meet with the Board prior to final approval of the application file; (I) If licensed in a foreign country, proof that the requirements of sec.463.17 of this title (relating to Foreign Graduates) have been satisfied. (5) For an applicant who is practicing psychology under a temporary permit, supervision, or employment in a statutorily exempt agency and a complaint is filed against the applicant, any final decision on the application will be held in abeyance until the Board has made a final determination on the complaint filed. The applicant will be permitted to take all required exams as scheduled but will not be certified until approved by 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 November 10, 1993. TRD-9332280 Rebecca E. Forkner Acting Executive Director Texas State Board of Examiners of Psychologists Effective date: December 9, 1993 Proposal publication date: October 1, 1993 For further information, please call: (512) 835-2036 22 TAC sec.463.11 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.463.11, without changes to the proposed text as published in the October 1, 1993, issue of the Texas Register (18 TexReg 6725). The amendment is necessary to allow the Board to waive a failure to appear for an examination, one time only, for good cause on the part of the applicant. The amendment will allow applicants who have good cause to transfer the fee toward another exam, thereby allowing qualified persons to become certified and licensed with a minimum financial burden and allowing the public to receive services from qualified practitioners as soon as possible. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 10, 1993. TRD-9332281 Rebecca E. Forkner Acting Executive Director Texas State Board of Examiners of Psychologists Effective date: December 9, 1993 Proposal publication date: October 1, 1993 For further information, please call: (512) 835-2036 22 TAC sec.463.30 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.463.30, without changes to the proposed text as published in the October 1, 1993, issue of the Texas Register (18 TexReg 6726). The amendment is necessary to ensure that applicants by reciprocity be required to pass the Jurisprudence Examination prior to certification and licensure. The amendment will help ensure that consumers receive quality psychological services, that applicants by reciprocity know the laws, ethics, rules, and regulations governing the profession in the State of Texas, and that the rules are easier to understand and follow for applicants for certification and licensure by reciprocity and the general public. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 10, 1993. TRD-9332282 Rebecca E. Forkner Acting Executive Director Texas State Board of Examiners of Psychologists Effective date: December 9, 1993 Proposal publication date: October 1, 1993 For further information, please call: (512) 835-2036 Chapter 465. Rules of Practice 22 TAC sec.465.26 The Texas State Board of Examiners of Psychologists adopts repeal of sec.465.26, without changes to the proposed text as published in the October 1, 1993, issue of the Texas Register (18 TexReg 6726). The repeal of the section is necessary to bring the rules in line with the new law brought into effect by the 73rd Legislative Session. The repeal of the section will bring the rules in line with the new law thereby making sure that correct and consistent information is available to the general public as well as certificands/licensees of the Board. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 10, 1993. TRD-9332283 Rebecca E. Forkner Acting Executive Director Texas State Board of Examiners of Psychologists Effective date: December 9, 1993 Proposal publication date: October 1, 1993 For further information, please call: (512) 835-2036 Chapter 467. Announcements 22 TAC sec.467.5 The Texas State Board of Examiners of Psychologists adopts repeal of sec.467.5, without changes to the proposed text as published in the October 1, 1993, issue of the Texas Register (18 TexReg 6727). The repeal of the rule is necessary to bring the rules in line with the current requirements of the Board. The repeal of the rule will cut down on paperwork by the Board and make it easier for the public to have access to psychological services in the State by repealing the requirements that local professional societies ask for permission to advertise in the yellow pages. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 10, 1993. TRD-9332284 Rebecca E. Forkner Acting Executive Director Texas State Board of Examiners of Psychologists Effective date: December 9, 1993 Proposal publication date: October 1, 1993 For further information, please call: (512) 835-2036 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 29. Purchased Health Services Subchapter Q. Nurse-Midwife Services 25 TAC sec.29. 1601 On behalf of the State Medicaid Director, the Texas Department of Health (TDH) submits a federally mandated adopted amendment to sec.29.1601, concerning benefits and limitations of certified nurse midwife services in its Purchased Health Services rules. The amendment is adopted under federal mandate to comply with the Omnibus Budget Reconciliation Act of 1993, sec.13605. The amendments expand coverage of nurse midwife services to include those services that midwives are authorized to perform under State law that are outside the maternity cycle. Such services must be consistent with the rules and regulations promulgated by the Board of Nurse Examiners for the State of Texas or other appropriate state licensing authority. The amendment is adopted under the Human Resources Code, sec.32.021 and Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to adopt rules to administer the state's medical assistance program and are submitted by the Texas Department of Health under its agreement with the Health and Human Services Commission to operate the purchased health services program and as authorized under Chapter 15, sec.1.07, Acts of the 72nd Legislature, First Called Session (1991). The amendments are adopted in compliance with federal requirements to be effective October 1, 1993. sec.29.1601. Benefits and Limitations. Subject to the specifications, conditions, requirements, and limitations established by the department or its designee and according to state and federal laws, rules, and regulations, and in the case of services furnished in an institution, hospital or other facility to the extent permitted by the institution, hospital, or facility, nurse-midwife services are limited as follows. (1) (No change.) (2) Nurse-midwife services are covered if the services: (A) are within the scope of practice for certified nurse midwives, as defined by state law; (B) are consistent with rules and regulations promulgated by the Board of Nurse Examiners for the State of Texas or other appropriate state licensing authority; and (C) would be covered by the Texas Medical Assistance Program if provided by a licensed physician (M.D. or D.O.) (3) (No change.) (4) To be directly reimbursed by the Texas Medical Assistance Program, a CNM who manages the medical aspects of a case under a physician's control and supervision according to the rules of the State Board of Nurse Examiners and the Medical Practice Act must perform the services according to the written protocols required by the State Board of Nurse Examiners and the services must not be duplicative of other charges to the Medicaid Program. For services other than nurse-midwife services, other provisions of the state plan apply. (5) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 22, 1993. TRD-9332466 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Effective date: October 1, 1993 For further information, please call: (512) 338-6509 Chapter 85. Community Health Services Local Public Health 25 TAC sec.85.14 The Texas Department of Health (department) adpopts an amendment to sec.85.14, concerning public health regions. The amendment changes the number of public health regions from eight to eleven. The amendment implements the provisions of House Bill 7, 72nd Texas Legislature, which requires the Commissioner of the Health and Human Services Commission to establish uniform boundaries for all health and human services agencies. No comments were received regarding adoption of the amendment. The amendment is adopted under the authority of Texas Civil Statutes, Article 4413(502), which provide the Commissioner of Health and Human Services Commission with authority to establish and enforce uniform regional boundaries for all health and human services agencies; the Health and Safety Code, sec.121. 007, which provides the Board of Health with authoirty to designate public health regions; and sec.12.001, which provides the board with authority to adopt rules to implement every duty imposed by law on 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 November 22, 1993. TRD-9332465 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Effective date: December 13, 1993 Proposal publication date: October 1, 1993 For further information, please call: (512) 458-7770 Part II. Texas Department of Mental Health and Mental Retardation The following adoptions submitted by the Texas Department of Mental Health and Mental Retardation will be serialized beginning in the December 3, 1993, issue of the Texas Register. The effective date of these adoptions is December 10, 1993. Chapter 401. System Administration Subchapter G. Community Mental Health and Mental Retardation Centers 25 TAC sec.sec.401.453, 401.460, 401.463, 401.465, and 401.466 (new and amendment) 25 TAC sec.401.463, sec.401.464 (repeal) Subchapter H. Interstate Transfer 25 TAC sec.sec.403.221-403.237 (repeal) 25 TAC sec.403.221, sec.403.232 (new) Subchapter K. Client-Identifying Information 25 TAC sec.sec.403.291-403.308 (repeal) 25 TAC sec.sec.403.291-403.308 (new) Subchapter N. Administrative Hearings Arising Under the Persons with Mental Retardation Act 25 TAC sec.sec.403.401-403.419 (new) Chapter 404. Protection of Clients and Staff Subchapter E. Rights of Persons Receiving Mental Health Services 25 TAC sec.sec.404.151-404.166 (repeal) 25 TAC sec.sec.404.151-404.167 (new) Chapter 405. Client (Patient) Care Subchapter D. Comprehensive Diagnosis and Evaluation 25 TAC sec.sec.405.81-405.92 (repeal) Subchapter D. Determination of Mental Retardation and Appropriateness for Admissions to Mental Retardation Services 25 TAC sec.sec.405.81-405.92 (new) Subchapter E. Electroconvulsive Therapy 25 TAC sec.sec.405.101-405.104, 405.107-405.110, 405.112, 405. 113 (new and amendment) 25 TAC sec.405.108, 405.114 (repeal) Subchapter J. Surrogate Decision-making for Community-based ICF/MR and ICF/MR/RC Facilities 25 TAC sec.sec.405.231-405.249 (new) Subchapter AA. Practice and Procedure with Respect to Administrative Hearings of the Department Arising under the Mentally Retarded Persons Act of 1977 25 TAC sec.sec.405.661-405.678 (repeal) Chapter 409. Medicaid Programs Subchapter H. Diagnostic Services for Persons with Potential of Mental Retardation 25 TAC sec.sec.409.301-409.306 (new) TITLE 31. NATURAL RESOURCES AND CONSERVATION Part XV. Texas Low-Level Radioactive Waste Disposal Authority Chapter 450. Planning and Implementation Fees Subchapter A. Assessment of Fees 31 TAC sec.sec.450.1-450.4 The Texas Low-Level Radioactive Waste Disposal Authority adopts amendments to sec.sec.450.1-450.4, concerning assessment of fees, without changes to the proposed text as published in the October 8, 1993, issue of the Texas Register (18 TexReg 6918). These rules are needed to implement planning and implementation fees required by Chapter 402, Health and Safety Code. The amended rules assess planning and implementation fees for state fiscal years 1994-1995, specify the low-level radioactive waste generators who must pay the fees, and provide for the collection and deposit of fees in the state treasury. Supporting comments were received by Houston Industries, Incorporated and TU Services. The agency agrees with the comments received. The amendments are adopted under the Health and Safety Code, sec.402.054, which provides the agency with the authority to adopt rules, standards, and orders necessary to properly carry out the Texas Low-Level Radioactive Waste Disposal Authority Act, and specifically, to implement planning and implementation fees. 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 November 19, 1993. TRD-9332406 Lee H. Mathews Deputy General Manager and Legal Counsel Texas Low-Level Radioactive Waste Disposal Authority Effective date: December 10, 1993 Proposal publication date: October 8, 1993 For further information, please call: (512) 451-5292 Subchapter B. Expenditures for Local Public Projects 31 TAC sec.sec.450.11-450.19 The Texas Low-Level Radioactive Waste Disposal Authority adopts new sec.sec.450.11-450.19, concerning expenditures for local public projects, with changes to the proposed text as published in the October 8, 1993, issue of the Texas Register (18 TexReg 6919). These rules are needed to implement the requirements of Subchapter I, Chapter 402, Health and Safety Code, that the Authority adopt guidelines for the expenditure of planning and implementation fee surcharges received by a county commissioners court. The rules authorize funding of local public projects contained in a county master plan, specify what proposals for such projects must contain, and authorize a county commissioners court to contract with other entities to provide such projects. One commenter suggested that the master plan for local public projects should provide for local employment to implement the plan, where possible. The agency agrees that local public projects should employ local citizens where possible. The rules have been revised to reflect the change. The new rules are adopted under Health and Safety Code, sec.402.054 and sec.402.252, which provides the authority to adopt rules, standards, and orders necessary to properly carry out the Texas Low-Level Radioactive Waste Disposal Authority Act, and to provide guidelines for the expenditure of planning and implementation fees surcharges. sec.450.11. Purpose. The purpose of this subchapter is to adopt guidelines under the Health and Safety Code, sec.402.252, for the expenditure by the host county commissioners court or its contractors of funds generated by planning and implementation fee surcharges and waste disposal fees. sec.450.12. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Local Public Project-Any undertaking, including traditional services and functions, that benefits the public, including the following: (A) police protection and detention services; (B) fire protection; (C) streets, roads and drainage; (D) sewage and water systems; (E) medical and emergency response facilities and/or services; (F) public health and welfare; (G) parks and recreation; (H) library and museum services, facilities, and capital improvements; (I) records center services; (J) municipal waste disposal; (K) housing development activities; (L) industrial development activities; (M) job training and social service support programs; (N) organizational training and technical assistance; (O) small business development activities; (P) public education, including program development, facilities, and capital improvements; and (Q) convention and/or community facilities. Public Non-Profit Corporation-A non-profit corporation that has been duly incorporated in Texas to do business in the state and has received a tax exempt status under sec.501(c)(3) of the United States Internal Revenue Code. Entities-Those organizations which have been organized in the State of Texas to do business in the state or have been classified as political subdivisions. Host County Commissioners Court or Commissioners Court-The commissioners court of Hudspeth County, Texas. Board-The Board of Directors of the Texas Low-Level Radioactive Waste Disposal Authority. sec.450.13. Restriction on Surcharge Use. Planning and implementation surcharges assessed by the board for the 1994-1995 biennium only under the Health and Safety Code, sec.402.2721, must be used only for local public projects that are located within ten miles of the Authority's disposal facility site. sec.450.14. Plan for Local Public Projects. (a) Prior to board consideration of funding for individual local public projects, the commissioners court shall submit to the board a master plan for providing local public projects. (b) The plan should: (1) propose local public projects that will enhance the quality of life; (2) include local public projects that will enhance educational opportunities; (3) provide for community services which are currently unavailable or are limited; (4) improve the existing infrastructure; (5) encourage cooperation with lenders and community based organizations to maximize the leverage potential of local financial and staff resources; (6) support and encourage comprehensive solutions to community and area-wide economic needs; (7) to the extent practicable, provide for local employment to implement the plan; and (8) provide projects that have the potential to become self-sufficient or attract continuing financial support. (c) At a minimum, the plan should include: (1) a listing of local public projects proposed for funding; (2) projected costs and schedule of implementation; (3) available alternative or supplemental funding, including state or federal matching funds; and (4) priority ranking of each proposed project. (d) The board may approve, disapprove, amend or specify any conditions for approval of the plan as may be required. (e) The commissioners court shall select local public projects for funding from the plan's priority list or as agreed to by the board. sec.450.15. Scope and Content of Local Public Project Proposals. (a) Any proposed local public project must address the following: (1) planning; (2) start-up; (3) replication; (4) expansion; (5) training and technical assistance; and (6) administrative costs. (b) Proposed local public projects will not be approved which: (1) primarily benefit individuals; (2) emphasize political or religious goals; (3) include or promote advertising; or (4) include expenditures for research, conferences, travel, films, videos, or publications, unless such items are an integral part of a larger project or undertaking that benefits the public and that the commissioners court supports. sec.450.16. Contracts for Local Public Projects. (a) A community development corporation or other entity seeking to provide a local public project must file an application with the commissioners court. The application shall be substantially in the form set out in Appendix A. (b) If the commissioners court finds that the local public project is included in an approved plan under sec.450.14 of this title (relating to Plan for Local Public Projects) and the application is approved by the commissioners court, the commissioners court shall enter into a contract with the applicant to provide the local public project. [graphic] sec.450.17. Transfer of Funds. (a) The board shall quarterly transfer money in the low-level waste fund to the commissioners court for funding of local public projects approved in sec.450.14 of this title (relating to Plan for Local Public Projects). (b) The commissioners court shall maintain an interest-bearing account separate from all other county accounts into which the money will be transferred. (c) Funds may be drawn from the account as needed to fund the approved local public projects. If the commissioners court contracts with other entities or public non-profit corporations to provide local public projects, the commissioners court is still accountable to the board for the use of the funds, and only those projects included in the plan may be undertaken by the entities or public non-profit corporations. sec.450.18. Audit. (a) At least once a year, the commissioners court shall provide to the board an independent financial audit by a certified public accountant acceptable to the board, of the funds expended for local public projects. (b) The commissioners court may expend funds from the interest-bearing account established under sec.450.17(b) of this title (relating to Transfer of Funds) to pay for the audit. sec.450.19. Withholding of Funds. If the board determines, as a result of information provided by an audit or some other reliable source, that: (1) funds have not been applied to a local public project; (2) funds have not been spent according to the approved plan; or (3) funds have been negligently or fraudulently disbursed; the board may withhold further funding and require the repayment of funds already spent, or take other appropriate action. 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 November 19, 1993. TRD-9332405 Lee H. Mathews Deputy General Manager and Legal Counsel Texas Low-Level Radioactive Waste Disposal Authority Effective date: December 10, 1993 Proposal publication date: October 8, 1993 For further information, please call: (512) 451-5292 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety Chapter 23. Vehicle Inspection Commercial Motor Vehicle Compulsory Inspection Program 37 TAC sec.23.101 The Texas Department of Public Safety adopts new sec.23.101, without changes to the proposed text as published in the October 8, 1993, issue of the Texas Register (18 TexReg 6940). The new section ensures that all commercial motor vehicles meet the minimum equipment requirements of the state and federal motor carrier safety regulations. The new section provides that commercial motor vehicles registered in this state shall be required to pass an annual inspection of all safety equipment required by federal safety regulations. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 6701d, sec.140A and sec.142(c)(1), which provide the Public Safety Commission with the authority to establish an inspection program for commercial motor vehicles that meets the requirements of federal safety regulations. 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 November 12, 1993. TRD-9332218 James R. Wilson Director Texas Department of Public Safety Effective date: December 8, 1993 Proposal publication date: October 8, 1993 For further information, please call: (512) 465-2000 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part V. Veterans Land Board Chapter 175. General Rules 40 TAC sec.175.2 The Veterans Land Board adopts an amendment to sec.175.2, concerning application/eligibility, with changes to the proposed text as published in the August 20, 1993, issue of the Texas Register (18 TexReg 5570). The changes which have been made are grammatical only. The proposed amendment reduces the five-year residency requirement from five years to two years, and provides for the eligibility of the spouses of veterans who are missing in action. The class of eligible veterans will expand to include those who have resided in Texas for two years, as well as the spouses of veterans who are missing in action. No comments were received regarding adoption of the amendment. The amendment is adopted under the provisions of the Natural Resources Code, sec.161.061 and sec.161.063, which provide the Veterans Land Board with the authority to adopt rules that it considers necessary or advisable. sec.175.2. Application/Eligibility. (a) Applications material to participate in the Veterans Land Program must be made on forms furnished by the Board. These forms and other materials may be obtained from the Veterans Land Board, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas 78701. (b) For purposes of this program, a veteran is someone who: (1) is at least 18 years of age; (2) is a citizen of the United States; (3) has served not less than 90 continuous days in the Army, Navy, Air Force, Coast Guard, Marine Corps, or United States Public Health Service, unless discharged earlier because of a service-connected disability, which service must have been after September 16, 1940, or have completed at least 20 years of active or reserve military service in any of the above branches of service, as computed when determining the person's eligibility to receive retired pay, or have enlisted or received an appointment in the Texas National Guard after completing all initial active duty training required as a condition of enlistment or appointment, and who has not been dishonorably discharged from the Texas National Guard; (4) has not been dishonorably discharged; (5) has not previously participated in the land or housing program as a veteran. For purposes of this chapter one may have participated in the Veterans Housing Assistance Program, including its home improvement loan component, and still be eligible for participation in the Veterans Land Program. However, an eligible veteran is entitled to no more than one of each kind of loan as a veteran purchaser/borrower; (6) was a bona fide resident of the State of Texas at the time of his or her enlistment, induction, commissioning, appointment or drafting, or have been a legal resident of Texas at least two years immediately prior to the date of filing his or her application; and (7) is a bona fide resident of Texas at the time the application is filed. (A)-(C) (No change.) (c)-(d) (No change.) (e) If an eligible Texas veteran dies after he has filed an application and contract of sale with the Board, but before the purchase has been completed, the surviving spouse may complete the transaction. In addition, the unmarried surviving spouse of a veteran who dies in the line of duty or is missing in action shall be eligible to participate in the program if the following requirements are satisfied: (1) the surviving spouse has not remarried and is a bona fide resident of Texas at the time of filing the application with the Board; (2) at the time of enlistment, induction, commissioning, appointment or drafting, the deceased veteran was a bona fide resident of Texas (the two years residence alternative is not available); (3) the deceased veteran was a citizen of the United States at time of death; (4) the deceased veteran had served on active duty in the Army, Navy, Air Force, Coast Guard, Marine Corps, or Public Health Service, after September 16, 1940, or had completed 20 years of reserve military service in any of the above branches of service, which is creditable for retirement under applicable federal laws, or enlisted or received an appointment in the Texas National Guard. The deceased veteran need not have served at least 90 continuous days of active duty; (5) neither the deceased veteran nor the unmarried surviving spouse previously participated in the Veterans Housing Assistance Program or the Veterans Land Program; and (6) the Board must be furnished certification from the United States Veterans Administration that the unmarried surviving spouse is currently entitled to benefits as the spouse of a veteran who died in the line of duty. The Board may also determine that the line of duty requirement is satisfied upon presentation of other evidence. (f)-(k) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 17, 1993. TRD-9332389 Garry Mauro Chairman Veterans Land Board Effective date: December 10, 1993 Proposal publication date: August 20, 1993 For further information, please call: (512) 463-5007 Chapter 177. Veterans Housing Assistance Program 40 TAC sec.177.5 The Veterans Land Board adopts an amendment to sec.177.5, concerning loan eligibility requirements, without changes to the proposed text as published in the August 20, 1993, issue of the Texas Register (18 TexReg 5571). The proposed amendment reduces the five-year residency requirement from five years to two years. The class of eligible veterans will expand to include those who have resided in Texas for two years. No comments were received regarding adoption of the amendment. The amendment is adopted under the provisions of the Natural Resources Code, sec.162.003(b), which provides that the Veterans Land Board shall adopt rules governing the administration and the fund and program. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 17, 1993. TRD-9332388 Garry Mauro Chairman Veterans Land Board Effective date: December 10, 1993 Proposal publication date: August 20, 1993 For further information, please call: (512) 463-5007 Chapter 179. Farm and Ranch Finance Program 40 TAC sec.sec.179.1-179.23 The Veterans Land Board adopts the repeal of sec.sec.179.1-179.23, concerning the Farm and Ranch Finance Program, without changes to the proposed text as published in the August 20, 1993, issue of the Texas Register (18 TexReg 5572). Under recent legislation the Farm and Ranch Finance Program has been transferred to the Texas Department of Agriculture. The repeals will allow for the adoption of new rules governing the Farm and Ranch Finance Program by the Texas Department of Agriculture. No comments were received regarding adoption of the repeals. The repeals are adopted under the provisions of Natural Resources Code, sec.163.037, which provides the Veterans Land Board with the authority to adopt rules that it considers necessary or advisable. 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 November 17, 1993. TRD-9332390 Garry Mauro Chairman Veterans Land Board Effective date: December 10, 1993 Proposal publication date: August 20, 1993 For further information, please call: (512) 463-5007 The State Board of Insurance of the Texas Department of Insurance at a public hearing, under docket number 2042 held at 9:00 a.m. on November 3, 1993, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street, Austin adopted amendments as proposed by Staff to the Texas Automobile Rules and Rating Manual (the Manual), extending discounts to collectible and special interest autos as well as antique autos. Under current rules and endorsements in the Manual, an automobile must be at least 25 years old to be eligible for the reduced liability rate for antique autos. These rules are being expanded to include all collectible and special interest autos, regardless of whether they are 25 years old. This change is justified because the limited use of the vehicle, rather than its age, produces the limited exposure. An auto will not qualify unless its use is limited in the same manner as currently required in the rules for antique autos. Manual Rules 78 and 123, and Endorsements 586 and TE 20 32A are the ones being amended. Staff's petition (Reference Number A-0593- 18) was published in the September 28, 1993, issue of the Texas Register (18 TexReg 6638). The State Board of Insurance has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.96, 5.98, and 5.101. The amendments as adopted by the State Board of Insurance are shown in the exhibits which were filed with the Chief Clerk under Reference Number A-0593-18, and are incorporated by reference by Board Order Number 60566 . The 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. Consistent with the Insurance Code, Article 5.96(h), prior to the effective date of this action, the Board will notify all insurers writing automobile insurance. 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 November 19, 1993. TRD-9332414 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: January 1, 1994 Proposal publication date: September 28, 1993 For further information, please call: (512) 463-6327 The State Board of Insurance of the Texas Department of Insurance at a public meeting held at 9:00 a.m. on November 17, 1993, in Room 100 of the Texas Department of Insurance Building, 333 Guadaulpe Street, Austin has adopted a filing by the Texas Department of Banking (Department) consisting of a new surety bond form required by the Acts of the 73rd Legislature. The new BOND FOR WITHDRAWAL OF EXCESS FUNDS, Form Number 092293.WEF (the Bond) is required by the revisions to Texas Civil Statutes, Article 548b, sec.5, (the Act). The Act allows a permit holder who sells prepaid funeral benefits or contracts to withdraw from trust accounts excess earnings that exceed 110% of all sums paid by purchasers of contracts. Certain documentation and specific criteria must be furnished to the Department for approval of the withdrawal. Permit holders must either have an unqualified opinion by a certified public accountant of an audited financial statement within 18 months of application or an audited financial statement with a qualified opinion which is accompanied by the Bond in an amount equal to the amount of the requested withdrawal. The Bond is written in favor of the Commissioner of the Department (Commissioner) and shall be reduced on an annual basis by an amount equal to 10% per year. The Act further provides the Commissioner shall approve an application to withdraw excess earnings unless the Commissioner determines that the seller's ability to deliver the contracted services and merchandise would be materially jeopardized by the withdrawal due to: the amount of the requested withdrawal exceeding the net worth of the seller, however, the Commissioner may approve the withdrawal if the application is accompanied by the Bond. Such bond shall be reduced on an annual basis by an amount equal to 20% per year. If the seller has experienced a net loss from operations in any of the last three years, however, the Commissioner may approve the withdrawal if accompanied by the Bond. Such bond shall be reduced on an annual basis by an amount equal to 10% per year. If the contingent liabilities other than commitments disclosed on the face of the seller's audited balance sheet exceeds the seller's net worth as of the date of the financial statement, however, again the Commissioner may approve the withdrawal if accompanied by the Bond. Such bond shall be reduced on an annual basis by an amount equal to 10% per year. There are numerous other reasons that do not have the Bond as an option that would allow the Commissioner to deny a withdrawal. The Bond is continuous and conditioned on the principal faithfully conforming to and abiding by the provisions of the Act and rules adopted by the Commissioner of the Department. 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 filing entitled "BOND FOR WITHDRAWAL OF EXCESS FUNDS, Form Number 092293.WEF" as adopted by the Board is filed with the Chief Clerk under Reference Number A-0993-23 and is incorporated by reference by Board Order Number 60560. 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. 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 November 19, 1993. TRD-9332413 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: January 1, 1994 Proposal publication date: September 28, 1993 For further information, please call: (512) 463-6327