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 I. ADMINISTRATION Part IV. Office of the Secretary of State Chapter 71. Office of the Secretary of State Practice and Procedure 1 TAC sec.71.12 The Office of the Secretary of State adopts an amendment to sec.71.12, concerning faxed filings and credit card payment option for documents filed with the secretary of state, without changes to the proposed text as published in the November 19, 1993, issue of the Texas Register (18 TexReg 8489). Adoption of this amendment will explain how the Office of the Secretary of State recovers its processing cost when it accepts payment by credit card. No comments regarding the adoption of the amendment were received. The amendment is adopted under the Texas Business Corporation Act, Article 9.03; the Texas Nonprofit Corporation Act, Article 1396-9.04; and the Texas Limited Liability Company Act, Article 8.03, which give the secretary of state the authority to administer these acts. This agency hereby certifies that the rules as proposed have been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 20, 1993. TRD-9333810 Audrey Selden Assistant Secretary of State Office of the Secretary of State Effective date: January 10, 1993 For further information, please call: (512) 463-5586 Part XIII. Texas Incentive and Productivity Commission Chapter 275. Productivity Bonus Program 1 TAC sec.275.3, sec.275.5 The Texas Incentive and Productivity Commission adopts amendments to sec.275.3 and sec.275.5, without changes to the proposed text as published in the October 5, 1993, issue of the Texas Register (18 TexReg 6781). The adopted text will not be republished. The amendments are adopted so that a deadline is added to submissions of Productivity Plans. Adopting these amendments will facilitate participation in the commission's programs by having the submission date of a Plan be distinct and different from the application for employee bonuses deadline. No comments were received regarding adoption of the rules. The amendments are adopted under the Government Code, Chapter 2108, Subchapter A, sec.2108.004(b), which provides the Texas Incentive and Productivity Commission with the authority to promulgate rules for the Productivity Bonus 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 December 17, 1993. TRD-9333813 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Effective date: January 24, 1994 Proposal publication date: October 5, 1993 For further information, please call: (512) 475-2393 TITLE 7. BANKING AND SECURITIES Part III. State Banking Board Chapter 31. Miscellaneous 7 TAC sec.31.5 The State Banking Board adopts an amendment to sec.31.5, without changes to the proposed text as published in the October 8, 1993, issue of the Texas Register (18 TexReg 6995). While a deputy of the State Treasurer of Banking Commissioner can be empowered to attend an official meeting of the State Banking Board in place of the State Treasurer or Banking Commissioner, as the case may be, that power cannot be exercised pursuant to Texas Civil Statutes, Article 342-115 unless the State Banking Board by rule prescribes the respective deputy by name and title. When either the State Treasurer or Banking Commissioner is unable to personally attend an official meeting of the Board, a deputy of the Board member, whose name and title is designated in 7 TAC sec.31.5, may appear and vote in her stead. No comments were received regarding adoption of the section. The amendment is adopted pursuant to Texas Civil Statutes, Article 342-115, sec.6(d). 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 December 14, 1993. TRD-9333730 Everette D. Jobe General Counsel State Banking Board Effective date: January 14, 1994 Proposal publication date: October 8, 1993 For further information, please call: (512) 475-1300 Chapter 35. Rulemaking 7 TAC sec.35.6 The State Banking Board adopts new sec.35.6, without changes to the proposed text as published in the October 8, 1993, issue of the Texas Register (18 TexReg 6886). The section constitutes a nonexclusive delegation of Board authority to the Banking Commissioner to initiate rulemaking proceedings by proposing rules for publication and public comment on behalf of the Board. Because the State Banking Board is a part-time body that meets sporadically, the process of proposal and adoption of regulations consumes an inordinate amount of time. The new section will allow the Banking Commissioner to propose but not adopt rules on behalf of the Board to enable the Board to function more efficiently and effectively in this regard. If the Commissioner chooses to initiate rulemaking proceedings on behalf of the Board by proposing sections for publication and comments, the Commissioner, on or before publication, must notify the members of the Board in writing of the proposed rulemaking action and the justification for the proposed action. Consideration of adoption of any section so proposed must be made in a properly noticed, open meeting of the Board. No comments were received regarding adoption of the rule. The amendment is adopted under Texas Government Code, sec.2001.004, and Texas Civil Statutes, Article 342-115(6), which provide the State Banking Board with the authority to prescribe such rules of practice as may be necessary to facilitate the business to come 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 December 13, 1993. TRD-9333731 Everette D. Jobe General Counsel Texas Department of Banking Effective date: January 14, 1993 Proposal publication date: October 8, 1993 For further information, please call: (512) 475-1300 TITLE 16. ECONOMIC REGULATION Part IV. Texas Department of Licensing and Regulation Chapter 66. Registration of Property Tax Consultants 16 TAC sec.sec.66.61-66.63, 66.65, 66.72 The Texas Department of Licensing and Regulation adopts new sec.sec.66.63, 66. 65, and 66.72 and amendments to sec.66.61 and sec.66.62, concerning the registration of property tax consultants. Section 66.65 is adopted with changes to the proposed text as published in the November 9, 1993, issue of the Texas Register (18 TexReg 8089). Sections 66.61-66.63, and 66.72 are adopted without changes and will not be republished. The changes to sec.66. 65 are made for clarification. The sections define the purpose, method of reporting, procedure for calling meetings, and reimbursement of expenses of the Property Tax Consultants Advisory Council and provides the means for the department to approve and recognize private providers of property tax consulting continuing education. The sections will function by assuring more effective and efficient functioning of the board and increased efficiency of the process of approval for recognized private providers of property tax consultant education offerings. No comments were received regarding adoption of the sections. The new sections and amendments are adopted under Texas Civil Statutes, Article 8886, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent and purposes of the Act. sec.66.65. Advisory Council. (a) The purpose of the Property Tax Consultants Advisory Council is to advise the commissioner on standards of practice, conduct, and ethics for registrants, fees, examination contents and standards of performance for senior property tax consultant examinations, recognition of continuing educational programs and courses, and establishing educational requirements for initial applicants. (b) Recommendations of the Council will be transmitted to the commissioner through the director of policies and standards. (c) Council meetings are called by the chair or at the call of a majority of its members. Meetings in excess of two per year shall be authorized by the commissioner or the commissioner's designee. (d) Expenses reimbursed to council members shall be limited to authorized expenses incurred while on council business and travelling to and from council meetings. The least expensive method of travel should be used. (e) Expenses related to subcommittee meetings will be reimbursed only if authorized by the commissioner or the commissioner's designee. These expenses will be reimbursed only to the council members appointed to the subcommittee or requested by the chair to assist or appear before the subcommittee. (f) Expenses paid to council members shall be limited to those allowed by the State of Texas Travel Allowance Guide and Texas Department of Licensing and Regulation policies governing travel allowances for employees. (g) The council shall consist of three property tax consultant members as specified in the Act and three consumers of services of property tax consultants. The commission may appoint not more than one member who is qualified for exemption under the Act, sec.2(d)(3). 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 December 17, 1993. TRD-9333788 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: January 7, 1994 Proposal publication date: November 9, 1993 For further information, please call: (512) 463-3127 Chapter 67. Auctioneers 16 TAC sec.sec.67.10, 67.41, 67.42, 67.65, 67.100 The Texas Department of Licensing and Regulation adopts new sec.sec.67.41, 67. 42, and 67.65, and amendments to sec.67.10 and sec.67.100, concerning licensing of Auctioneers. Section sec.67.65 is adopted with changes to the proposed text as published in the November 9, 1993, issue of the Texas Register (18 TexReg 8090). Sections 67.10, 67.41, and 67.42 are adopted without changes and will not be republished. The change to sec.67.65 is made for clarification of the section. New sec.67.41 defines terms in connection with the Education and Recovery Fund, sec.67.42 describes procedures and responsibilities in relation to payment of claims to aggrieved parties and reimbursement by the auctioneer, and sec.67.65 defines the purpose, method of reporting, procedure for calling meetings, and makeup of the Auctioneer Education Advisory Board. Amended sec.67. 10 defines clearly auctions with and without reserve and sec.67.100 changes the notice the auctioneer is required to give the public from a statement that they are bonded to a statement that a Recovery Fund administered by the department is available to pay claims against an auctioneer. The justification for new rules 67.41 and 67.42 is that they will clarify administration of the Recovery Fund, and for new rule 67.65 is that it will make responsibilities and procedures of the board clear. The justification for the amendment to rule 67.10 is that the definition of types of auctions will be clearer, and the justification for the amendment to rule 67.100 is that it will correct the statement auctioneers must make to consignors and the public. New rules 67.41 and 67.42 will function by making administration of the Recovery Fund more efficient, and new rule 67.65 will function by increasing understanding of board functions. The amendments to rules 67.10 and 67.100 will function by increasing consumer protection. One comment was received from an auctioneer against sec. sec.67.10, 67.42, and 67.65. The department disagrees with the comment against sec.67.10 because the definition adopted follows definitions in use in the industry, and disagrees with the comment against sec.67.42 because the comment suggests changes not authorized by the Act, and disagrees with the comment against sec.67.65 because the section is mandated by Senate Bill 383. The new sections and amendments are adopted under Texas Civil Statutes, Article 8700, which authorize the department to license and regulate auctioneers. sec.67.65. Advisory Board. (a) The purpose of the Auctioneer Education Advisory Board is to advise the commissioner on educational matters relating to use of the educational trust fund established with fees collected for the Auctioneer Recovery Fund. (b) Recommendations of the Board will be transmitted to the commissioner through the director of policies and standards. (c) Board meetings are called by the chair. Meetings in excess of one each calendar quarter shall be authorized by the commissioner or the commissioner's designee. (d) The Board shall consist of the auctioneer members specified in the Act, the commissioner of the Texas Department of Commerce and the commissioner of education or their designees, and three consumers of services provided by licensed auctioneers. (e) The consumers of services should include at least one person who consigns property to auctioneers for sale and at least one person who regularly buys at auction. Consumer members serve for terms of two years and expire September 1 of the year of expiration. 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 December 17, 1993. TRD-9333789 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: January 7, 1994 Proposal publication date: November 9, 1993 For further information, please call: (512) 463-3127 Chapter 74. Elevators 16 TAC sec.sec.74.1, 74.10, 74.20, 74.30, 74.50, 74.70, 74.80, 74. 90, 74.100 The Texas Department of Licensing and Regulation adopts new sec.sec.74.1, 74. 10, 74.20, 74.30, 74.50, 74.70, 74.80, 74.90, and 74.100, concerning elevators, escalators and related equipment. Section 75.80 and sec.75.100 are adopted with changes to the text as proposed as published in the November 16, 1993, issue of the Texas Register (18 TexReg 8442). Sections 74.1, 74.10, 74. 20, 74.30, 74.50, 74.70, and 74.90 are adopted without changes and will not be republished. The changes to sec.74.80 and sec.74.100 are made for clarification of the sections. Health and Safety Code, Chapter 754 and Texas Civil Statutes, Article 9100, provide the department with the authority to regulate and certificate elevators, escalators and related equipment. These rules function by allowing the department to regulate and certificate elevators, escalators and related equipment. One comment was received requesting clarification to sec.74.80 regarding exemption from fees for institutions of higher education. The department agrees and has modified to clarify. The new sections are adopted under the Health and Safety Code, Chapter 754 and Article 9100, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent and purposes of the Act. sec.74.80. Fees. (a) Inspector registration fees: (1) original-$10; and (2) renewal-$10. (b) Certificate of inspection filing fees: (1) within 30 days of inspection date-$15; and (2) Late filing fee-$115. (c) Test tags, wire rope, and lead seals: (1) $160 for a kit of 100; and (2) $125 for seal crimping tool. (d) Waiver/delay application fee. A $100 fee shall be charged for applying for a waiver or delay. (e) A fee may not be charged or collected by the department for a certificate of inspection for an institution of higher education as defined in Education Code, sec.61.003. The fees charged by the QEI-1 inspector or inspection agency for performing the inspection shall be paid by the institution of higher education. sec.74.100. Technical Requirements. (a) The department adopts the latest edition of the ASM A17.1 and A17.3, Safety Code for Elevators and Escalators. (b) All inspections must be performed in accordance with the latest edition of the ASME A17.2, Safety Code for Elevators and Escalators. (c) Test tags must be attached to equipment in accordance with the latest edition of the ASME A17.1 and A17.3, Safety Code for Elevator and Escalators. (1) Only test tags obtained from the department shall be used on the regulated equipment. (2) Test tags shall be attached to equipment with wire rope and lead seal which shall be purchased from the department. (3) The lead seal shall be crimped onto the wire rope using a crimping tool purchased from the department bearing the department's seal. 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 December 17, 1993. TRD-9333786 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: January 7, 1994 Proposal publication date: November 16, 1993 For further information, please call: (512) 463-3127 Chapter 75. Air Conditioning and Refrigeration Contractor License Law 16 TAC sec.sec.75.40, 75.65, 75.100 The Texas Department of Licensing and Regulation adopts amendments to sec.75.40, and sec.75.100 and new sec.75.65, concerning licensing for air conditioning and refrigeration contractors. Section 75.40 and sec.75.65 are adopted with changes to the proposed text as published in the November 9, 1993, issue of the Texas Register (18 TexReg 8091). Section 75.100 is adopted without changes and will not be republished. The changes are made for clarification of the sections. Section 75.40 requires that the contractor obtain the required insurance from an admitted carrier, and sec.75.100 conforms the rule on installation of drain piping associated with air conditioning, refrigeration, and process cooling and heating systems to the rule recently adopted by the Texas State Board of Plumbing Examiners, and makes a clearer statement that air conditioning and refrigeration contractors are subject to the boiler law for work subject to that law. Section 75.65 defines the purpose, method of reporting, procedure for calling meetings, and reimbursement of expenses of the Air Conditioning and Refrigeration Contractors Advisory Board. The justification for the new section is that it will make responsibilities, procedures, and limits on expenses of the board clear. The justification for the amendments is that the required insurance will be more reliable when purchased from admitted companies, and technical requirements and limits for air conditioning and refrigeration contractors will be clearer. The new rule will function by increasing understanding of board function, and the amendments will function by increasing consumer protection and increasing compliance by contractors. No comments were received during the comment period. The new section and amendments are adopted under Texas Civil Statutes, Article 8861, which authorize the department to license and regulate air conditioning and refrigeration contractors. sec.75.40. Insurance Requirement. (a)-(b) (No change.) (c) Insurance must be obtained from an admitted company. (d) The certificate of insurance shall list all deductibles. Deductibles shall be limited to $500 for Class B licenses and to $1,000 for Class A licenses. Any contractor whose business affiliation is self-insured must provide an affidavit of responsibility and a certified financial statement. (e) A license applicant or holder shall furnish to the department a certificate of insurance. The license holder's name, business name, and address must be shown as it appears on the license. The certificate form to be submitted shall be the form furnished by the department. Each certificate of insurance will reflect all assumed names used by the license holder and registered with this agency. Binders and interim certificates of less than 60 days will not be accepted. The certificates of insurance shall be issued to each municipality where air conditioning and refrigeration contracting is performed. (f) The certificate of insurance shall state that the insurance carrier shall notify the department at least 45 days prior to cancellation or nonrenewal by the insurance carrier and at least ten days after nonrenewal or cancellation by the insured. (g) License holders whose proof of insurance expires shall be notified by the department that they have an insurance violation. Failure to furnish the required proof shall be grounds for revocation of the license in accordance with Texas Civil Statutes, Article 9100. (h) All requests to waive the insurance requirements because the license holder does not contract with the public shall be submitted in writing to the department. The request shall contain a detailed explanation of the conditions on which the waiver is being requested and confirmation by employer when applicable. sec.75.65. Advisory Boards. (a) The purpose of the Air Conditioning and Refrigeration Contractors Advisory Board is to advise the commissioner in adopting rules, enforcing and administering the Act, and in setting fees. (b) Recommendations of the Board will be transmitted to the commissioner through the director of policies and standards. (c) Board meetings are called by the chair. Meetings in excess of one every six months shall be authorized by the commissioner or the commissioner's designee. (d) Expenses reimbursed to board members shall be limited to authorized expenses incurred while on board business and travelling to and from board meetings. The least expensive method of travel should be used. (e) Expenses related to subcommittee meetings will be reimbursed only if authorized by the commissioner or the commissioner's designee. These expenses will be reimbursed only to the board members appointed to the subcommittee or requested by the chair to assist or appear before the subcommittee. (f) Expenses paid to board members shall be limited to those allowed by the State of Texas Travel Allowance Guide and Texas Department of Licensing and Regulation policies governing travel allowances for employees. 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 December 17, 1993. TRD-9333787 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: January 7, 1994 Proposal publication date: November 9, 1993 For further information, please call: (512) 463-3127 TITLE 22. EXAMINING BOARDS Part VIII. Texas Appraiser Licensing and Certification Board Chapter 153. Provisions of the Texas Appraiser Licensing and Certification Act 22 TAC sec.153.13 The Texas Appraiser Licensing and Certification Board adopts an amendment to sec.513.13, concerning the educational requirements for becoming a state- certified residential real estate appraiser, without changes to the proposed text as published in the October 29, 1993, issue of the Texas Register (18 TexReg 7511). The amendment is adopted to conform the rules to the criteria of the Appraiser Qualifications Board (AQB) of the Appraisal Foundation and guidelines of the Appraisal Subcommittee of the Federal Financial Institutional Examination Council (FFIEC), which mandate 120 classroom hours of acceptable real estate appraiser education for the state-certified residential real estate appraiser classification after January 1, 1994. The amendment will keep the Texas Appraiser Licensing and Certification Board in compliance with federal mandates under Title XI, Financial Institutions Reform, Recovery and Enforcement Act of 1989 (12 USC, sec.3331, et seq), and permit real estate appraisers certified in Texas to appraise real property for federally-related transactions. No comments were received regarding adoption of the rule. The Texas Appraiser Licensing and Certification Act (Texas Civil Statutes, Article 6573(a)(2)) provides the Texas Licensing and Certification Board with authority to adopt rules for the certification and licensing of real estate appraisers which are consistent with federal regulations and requirements adopted by the Appraiser Qualifications Board or the Appraisal Subcommittee. 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 December 17, 1993. TRD-9333795 Renil C. Liner Commissioner Texas Appraiser Licensing and Certification Board Effective date: January 1, 1994 Proposal publication date: October 29, 1993 For further information, please call: (512) 465-3950 Part XIV. Texas Optometry Board Chapter 273. General Rules. 22 TAC sec.273.10, sec.273.11 The Texas Optometry Board adopts new sec.273.10 and sec.273.11, without changes to the proposed text as published in the November 9, 1993, issue of the Texas Register (18 TexReg 8092). Section 273.10 is required by sec.57.491 of the Education Code. This section will inform students in default on loans to the Guaranteed Student Loan Corporation of procedures to follow for repayment agreements in order to renew their professional licenses. Section 273.11 is necessary because of the passage of House Bill 1479 by the 73rd Legislative Regular Session. This section will enable members of the public to address the Board on matters under the Board's jurisdiction. No comments were received regarding adoption of the rules. The new sections are adopted under the provisions of Texas Civil Statutes, Article 4552, sec.2.14, which provide the Texas Optometry Board with the authority to promulgate procedural and substantive 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 December 14, 1993. TRD-9333797 Lois Ewald Executive Director Texas Optometry Board Effective date: January 7, 1994 Proposal publication date: November 9, 1993 For further information, please call: (512) 835-1938 Chapter 277. Practice and Procedure 22 TAC sec.sec.277.1, 277.2, 277.3, 277.4, 277.5 The Texas Optometry Board adopts amendments to sec.277.1 with changes and amendments to sec.sec.277.2, 277.3, 277.4, and 277.5 without changes to the proposed text as published in the November 9, 1993, issue of the Texas Register (18 TexReg 8092-8097). The amendments to sec.sec.277.1-277.5 are required because of amendments to the Texas Optometry Act enacted by the 73rd Legislature. The amendment to sec.277.1 functions by providing a complaint form for the standardization of information concerning complaints; describing the minimum information required for the processing of complaints; prioritizing complaints according to their seriousness; and informing optometrists and therapeutic optometrists regarding the seriousness of Basic Competence violations. The amendment to sec.277.2 assures licensees that their due process rights are protected with respect to disciplinary proceedings. The amendment to sec.277.3 also protects licensees' due process rights and provides a mechanism by which the executive director can monitor licensees who have had their licenses canceled, suspended, or revoked. The amendment to sec.277.4 recognizes that licensees who have had their licenses revoked may, under certain circumstances, seek reinstatement of their licenses. The amendment further provides for a formal hearing before the State Office of Administrative Hearings and a formal decision by the Board. The amendment to sec.277.5 will allow the Board to institute disciplinary proceedings against licensees following a jury verdict or a plea of guilty. Comments were received from LensCrafters. Generally the comments cannot be characterized as being either for or against the rules. Rather, in most instances the comments sought clarification. The following is a summary of comments: sec.277.1(c)(1) should contain a definition of the word "supervise"; In sec.277.1(c)(2), the references to the executive director's authority to issue subpoenas, to issue commissions to take depositions, and to administer oaths should be deleted because the executive director does not have the requisite statutory authority. The comment was against the adoption of this proposal. Section 277.1(c)(4) should be rewritten to be less confusing; and in sec.277.2(c)(1), the notice requirement should be for more than ten days, preferably 20-30 days. The Board disagrees with the comment on sec.277.1(c)(1) because the meaning of the word "supervise" is easily understood. The executive director is the administrative head of the agency, works on a full-time basis, and is the only person who should properly supervise the development of all investigations. The Board agrees with the comments on sec.277.1(c)(2). The order finally adopting this section deletes the reference to the executive director. The Board agrees with the comments regarding sec.277.1(c)(4) and has amended the language in the final order to make the section more user friendly. The Board disagrees with the comments regarding sec.277.2(c)(1). The ten-day notice period is the minimum notice that can be given under the APA. No disciplinary proceeding will be conducted without giving the respondent a reasonable time to prepare a defense. The amendments are adopted under the provisions of Texas Civil Statutes, Article 4552, sec.2.14, which provide the Texas Optometry Board with the authority to promulgate procedural and substantive rules. sec.277.1. Complaint Procedures. (a) Filing Complaints. Complaints may be filed with the agency in person at the board's office, or in any written form, including submission of a completed complaint form. The board shall adopt the following form a its official complaint form which shall be maintained at the board's office for use at the request of any complainant. At a minimum, all complaints hall contain information necessary for the proper processing of the complaint by the board, including, but not limited to: (1) complainant's name, address, and phone number; (2) name, address and phone number of the optometrist, therapeutic optometrist, or other person, firm or corporation, if known; (3) date, time, and place of occurrence of alleged violation; and (4) complete description of incident giving rise to the complaint. [graphic] (b) Complaint Investigation and Disposition. (1) All complaints received shall be sent to the executive director. The board shall distinguish between categories of complaints as follows: (A) consumer and patient complaints against optometrists and therapeutic optometrists regarding alleged violations of the Texas Optometry Act or duly promulgated rules or orders; (B) alleged unauthorized practice of optometry or therapeutic optometry by unlicensed individuals, or by a licensee while a suspension order or restrictive sanction by the board is in effect; (C) licensure or reinstatement applications; (D) alleged advertising violations by optometrists, therapeutic optometrists, persons, firms, or corporations; and (E) licensee complaints regarding violations of the Act resulting in economic harm. (2) A complaint shall not be dismissed without appropriate consideration. The board and complainant shall be advised of complaint dismissals. (c) Investigation-Enforcement Committee (1) The chair shall appoint a committee to consider all complaints filed with board. The committee shall be known as the Investigation-Enforcement Committee and shall be composed of board members who are licensed optometrists or therapeutic optometrists. The executive director shall divide the state into geographic areas, with each member of the Investigation-Enforcement Committee being assigned areas of responsibility within such geographic areas. Each member shall be charged with the responsibility of enforcing the provisions of the Act within the assigned area and is authorized to initiate investigations. The executive director shall supervise all investigations. If, as a result of an investigation within a geographic area, a formal charge is filed against a licensed optometrist, therapeutic optometrist, or other person, firm, or corporation by the investigator, the member from whose area the formal charge originated shall be the member designated to assist in the handling of the prosecution of such formal charge and disciplinary proceeding, if any. (2) The executive director shall forward the complaint to the member in charge of enforcement in the area of the complaint unless in the judgment of the executive director, unusual circumstances exist such that it is more appropriate that the complaint be under province of another member. The Investigation- Enforcement Committee, or any member thereof, shall have the power to issue subpoenas and subpoenas deuces tecum to compel the attendance of witnesses and the production of books, records, and documents, to issue commissions to take depositions, to administer oaths and to take testimony concerning all matters within the assigned jurisdiction. In addition to subpoena power, each member of the committee may authorize the executive director to investigate an alleged violation. (3) On receipt of a complaint, the member in charge shall determine: (A) whether to drop the matter and take no further action; (B) whether to send a letter to the person charged reciting that a complaint has been received and that while the investigating member cannot determine or pass upon the merits of the complaint without conducting further investigation that the subject of the complaint be asked to review the complaint to ensure that the Act is being complied with, and that if the allegations are true, to cease and desist from the alleged violations or words to that effect; (C) whether to conduct further investigations, including conducting investigational hearings or informal conferences; (D) whether to forward to the board the member's determination that a violation of the Act may have occurred together with a recommendation that proceedings be instituted with the State Office of Administrative Hearings to consider cancellation, revocation, or suspension of a license or refusal to issue a license; (E) whether to forward to the board the member's determination that some person, firm, or corporation may be practicing optometry without a license or otherwise violating the provisions of the Act, along with the member's recommendation that the board notify the attorney general or appropriate district attorney with accompanying request that appropriate action be taken in accordance with law; and (F) whether to forward to the executive director the members determination of findings applicable to subparagraphs (D) and (E) of this paragraph for assessment of administrative penalties. (4) Basic Competence Violations. (A) The omission of a single, essential finding shall be reason for an investigational hearing or informal conference. The following findings are essential in the initial examination of a patient: (i) biomicroscopy examination (lids, cornea, sclera, etc.); (ii) internal ophthalmoscopic examination (media, fundus, etc.); (iii) subjective findings, and (iv) tonometry. (B) The omission of a total of four significant findings in the initial examination of a patient shall be reason for an investigational hearing or informal conference. The following findings are significant in the initial examination of a patient: (i) case history (ocular, physical, occupational and other pertinent information); (ii) visual acuity; (iii) static retinoscopy, O.D., O. S., or autorefactor; (iv) assessment of binocular function; (v) amplitude or range of accommodation; (vi) angle of vision, to right and to left. (C) All other omissions or combination of omissions of findings shall be reason to send noncompliance letters. The absence of the optometrist's or therapeutic optometrist's signature on the prescription shall be considered an omission. (D) An investigational hearing or informal conference is required when a second alleged violation has occurred. Likewise, if a licensee has had a previous investigational hearing or informal conference, a subsequent complaint will result in a formal disciplinary hearing. 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 December 14, 1993. TRD-9333798 Lois Ewald Executive Director Texas Optometry Board Effective date: January 7, 1994 Proposal publication date: November 9, 1993 For further information, please call: (512) 835-1938 22 TAC sec.277.6 The Texas Optometry Board adopts new sec.277.6, without changes to the proposed text as published in the November 9, 1993, issue of the Texas Register (18 TexReg 8096). Section 277.6 is necessary to inform licensees and others of the penalty process when violations of the Texas Optometry Act are committed. LensCrafters commented against the rule as being redundant of the statute, as giving the impression that the Board by rule could change a statute, and that the Board lacked authority to enact subsection (d) of the section. The Board disagrees with these comments. The Board has no authority to change a statute by a rule. The APA now requires that hearings be conducted by the State Office of Administrative Hearings. Administrative law judges from that office are to consider applicable Board rules and policies in holding hearings and drafting proposals for decisions. The Board must furnish its rules to the administrative law judges, if the Board wishes for its rules to be considered. The Board's rules provide the mechanism by which the judges will be aware of the standards upon which administrative penalties are to be based. In sec.277.6(d) the Board uses the phrase, "other appropriate civil or criminal action." The Board would take other action only if it is expressly authorized to do so by other law. Thus, LensCrafters objection appears unfounded. The new section is adopted under the provisions of Texas Civil Statutes, Article 4552, sec.2.14, which provide the Texas Optometry Board with the authority to promulgate procedural and substantive 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 December 14, 1993. TRD-9333799 Lois Ewald Executive Director Texas Optometry Board Effective date: January 7, 1994 Proposal publication date: November 9, 1993 For further information, please call: (512) 835-1938 Chapter 279. Interpretations 22 TAC sec.279.14 The Texas Optometry Board adopts new sec.279.14, with changes to the proposed text as published in the November 9, 1993, issue of the Texas Register (18 TexReg 8097). Section 279.14 is necessary to clarify the definition of patients optometric records, to notify licensees of prescription requirements, and to notify affected persons or entities that dispensing without an appropriate prescription constitutes the unlawful practice of optometry. The new section should reduce unknowing violations of the Texas Optometry Act and Board rules. A comment was received from LensCrafters pointing out that a conflict exists between subsections (b) and (c); (b) states that a prescription for medications may be verbal or written, while (c) as proposed indicates that the dispensing of medications must be from a document. The Board agrees with this comment, and the section as adopted removes the discrepancy. The new section is adopted under the provisions of Texas Civil Statutes, Article 4552, sec.2.14, which provides the Texas Optometry Board with the authority to promulgate procedural and substantive rules. sec.279.14. Board Interpretation Number Fourteen. (a) Patient's optometric records are defined as the patient chart, historical record, or working document during the course of examination and patient care between the doctor and patient. The patient's records may contain information regarding spectacle prescription findings and contact lens prescription findings but do not include a prescription for spectacles or contact lenses. (b) A prescription for spectacles, contact lenses, or ophthalmic devices is defined as a written order signed by the examining optometrist, therapeutic optometrist or physician. A prescription for medications may be verbal or written. (c) The dispensing of medications, spectacles, contact lenses, or ophthalmic devices without a valid prescription constitutes the unlawful practice of optometry, subject to penalties under the Texas Optometry Act, sec.5.04 and sec.5.18. 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 December 14, 1993. TRD-9333800 Lois Ewald Executive Director Texas Optometry Board Effective date: January 7, 1994 Proposal publication date: November 9, 1993 For further information, please call: (512) 835-1938 TITLE 30. ENVIRONMENTAL QUALITY Part I. Texas Natural Resource Conservation Commission Chapter 290. Water Hygiene Certification of Waterworks Personnel 30 TAC sec.sec.290.28-290.36 The Texas Natural Resource Conservation Commission (Commission) adopts amendments to sec.sec.290.28-290.36, concerning the certification of waterworks personnel, without changes to the proposed text as published in the October 15, 1993, issue of the Texas Register (18 TexReg 7124) and will not be republished. All references to the Texas Department of Health, Board of Health, and department have been replaced with appropriate references to the Commission. Senate Bill 2, First Called Session, 72nd Legislature, transferred all the powers, duties, rights, and obligations of the Texas Department of Health pertaining to the setting of sanitary standards for drinking water and the protection of public water supplies and bodies of water to the Texas Water Commission effective, March 1, 1992. The Commission received one comment during the comment period in support of the amendments from the Texas Water Utilities Association. The amendments are adopted under the Texas Water Code, sec.5.103, which provides the Texas Natural Resource Conservation Commission with the authority to adopt any rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and other laws of the state; and the Health and Safety Code, sec.341.034. 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 December 17, 1993. TRD-9333773 Mary Ruth Holder Director, Legal Division Texas Natural Resource Conservation Commission Effective date: January 7, 1994 Proposal publication date: October 15, 1993 For further information, please call: (512) 463-8069 Rules and Regulations for Public Water Systems 30 TAC sec.290.47 The Texas Natural Resource Conservation Commission (Commission) adopts an amendment to sec.290.47, creating a second recognition category for public water systems and related criteria, without changes to the proposed text as published in the October 26, 1993, issue of the Texas Register (18 TexReg 7458). Senate Bill 2, First Called Session, 72nd Legislature, transferred all the powers, duties, rights, and obligations of the Texas Department of Health (TDH) pertaining to the setting of sanitary standards for drinking water and the protection of public water supplies and bodies of water to the Texas Natural Resource Conservation Commission. The Commission received one comment from the City of Bastrop during the comment period. The commenter stated that the "Approved" catagory has merit and will serve a useful purpose. However, systems which exceed the secondary chemical standards for iron and/or manganese only should be allowed to seek and attain the higher "Superior" status. The Commission carefully considered this comment and determined that the rules as adopted provide such systems with a recognition which was not previously available. This new catagory was established specifically to provide recognition to such systems. The amendment is adopted under the Texas Water Code, sec.5.103, which provides the commission the authority to adopt and enforce rules necessary to carry out its powers and duties; and the Texas Health and Safety Code, sec.341. 035, which governs sanitary standards of drinking water, protection of public water supplies and bodies of water. 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 December 17, 1993. TRD-9333767 Mary Ruth Holder Director, Legal Division Texas Natural Resource Conservation Commission Effective date: January 7, 1994 Proposal publication date: October 26, 1993 For further information, please call: (512) 463-8069 Water Saving Performance Standards 30 TAC sec.sec.290.251, 290.253-290.256, 290.260, 290.265, 290. 266 The Texas Natural Resource Conservation Commission (Commission) adopts amendments to sec.sec.290.251, 290.253-290.256, 290.260, 290.265 and 290.266, concerning the water saving performance standards for plumbing fixtures. Section 290.260 is adopted with changes to the proposed text as published in the November 9, 1993, issue of the Texas Register (18 TexReg 8150). The amendments to sec.sec.290.251, 290.253-290.256, 290.265 and 290.266 are adopted without changes will not be republished. The Commission received one comment during the comment period from Americna Standards, Inc. The commenter requested that the deadline for satisfying the labeling requirements set forth in sec.290.260 be changed from March 1, 1994, to October 25, 1994, to coincide with a similar federal deadline. The Commission considered this request and revised the section to reflect the later deadline. The amendments are adopted under the Health and Safety Code, Chapter 372, and the Texas Water Code, sec.5.103, which authorize the Commission to adopt and enforce rules necessary to carry out its powers and duties. Former Health and Safety Code, Chapter 421 was renumbered as Chapter 372 pursuant to Senate Bill 587, First Called Session, 72nd Legislature, effective August 12, 1991. sec.290.260. Labeling. (a) Labeling requirements. A person may not sell, offer for sale, distribute or import into this state a plumbing fixture unless the plumbing fixture, including each component of a toilet, flush valve toilet or urinal and the associated packaging are marked and labeled in accordance with these sections. The labeling requirements in these sections shall take effect on October 25, 1994. (1) Each water closet, urinal and flush valve shall be marked or labeled in accordance with the National Energy Policy Act of 1992 (42 United States Code, sec.6294 et seq) and as amended. (2) Each water closet, urinal and flush valve package shall be marked or labeled in accordance with the National Energy Policy Act of 1992 (42 United States Code, sec.6294 et seq) and as amended. (3) Each faucet, aerator and showerhead shall be marked in accordance with the National Energy Policy Act of 1992 (42 United States Code, sec.6294 et seq) and as amended, except that each showerhead, flow restricting or controlling spout end device and aerator shall bear a permanent legible mark indicating the flow rate, expressed in gallons per minute (gpm). The flow rate shall be the actual flow rate or the maximum flow rate specified in sec.290.252 of this title (relating to Design Standards). (4) Each faucet, aerator and showerhead package shall have the flow rate expressed in gallons per minute (gpm) clearly marked on the front. (b) Prohibitions. A person may not sell, offer for sale, distribute or import into this state a new commercial or residential clothes washing machine, dish washing machine or lawn sprinkler unless the clothes washing machine, dish washing machine or lawn sprinkler is marked or labeled in accordance with these sections. (1) Each clothes washing machine and dish washing machine shall have an attached label that shows the amount of water used per cycle. (2) Each lawn sprinkler shall be marked with the water usage expressed in gallons per minute (gpm) by either a permanent mark on each sprinkler, or a label or tag attached to each sprinkler. (c) Exemptions. This section does not apply to those clothes washing machines and dish washing machines that are subject to and are in compliance with the labeling requirements of the National Appliance Energy Conservation Act of 1987, Public Law 100-12 (42 United States Code, sec.6294) and as amended. 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 December 17, 1993. TRD-9333768 Mary Ruth Holder Director, Legal Division Texas Natural Resource Conservation Commission Effective date: January 7, 1994 Proposal publication date: November 9, 1993 For further information, please call: (512) 463-8069 Chapter 295. Water Rights, Procedural Subchapter B. Water Use Permit Fees 30 TAC sec.sec.295.132-295.134, 295.138, 295.139 The Texas Natural Resource Conservation Commission (TNRCC) adopts amendments to sec.sec.295.132-295.134, 295.138 and 295.139, concerning the assessment of fees associated with applications for new and amended water rights, without changes to the proposed text as published in the October 5, 1993, issue of the Texas Register (18 TexReg 6801), and will not be republished. The purpose of the amendments is to reflect recent changes in the law regarding the maximum fees which may be assessed for such applications. The previous fee structure established by statute did not cover the administrative costs associated with processing permit applications. Miscellaneous applications and petitions are subject to a filing fee authorized under the Texas Water Code, sec.5.235. The amount of the fee can be adjusted in the General Appropriations Act under the provisions of Government Code, Chapter 316, Subchapter E. Under the current appropriations bill for the 1992-1993 biennium, House Bill 1, Acts of the 72nd Legislature, First Called Session, 1991, the application fees authorized under the Texas Water Code, sec.5.235(b)- (c) are to be set in an amount to recover costs, but not to exceed $2,000. The same maximum rate is authorized for the 1994-1995 biennium under the provisions of Senate Bill 5, Acts of the 73rd Legislature, 1993. Additionally, House Bill 2605, acts of the 73rd Legislature, 1993 amended the Texas Water Code, sec.5.235, to authorize increases in one-time use fees which may be assessed for an application for a new or amended water right. Specifically, it raises the maximum amount which may be levied from $25,000 to $50,000 for one use of water and allows an increase in the maximum fee for any additional use of water from $5,000 to $10,000. The bill also provides that if the application fee is more than $1,000, the applicant may pay one-half of the fee when the application is filed and the remaining half within 180 days of notification that the application has been granted. Pursuant to House Bill 1, the adopted change to sec.295.132 would replace the current $100 application filing fee with a variable filing fee based upon the total amount of water requested for appropriation. The minimum filing fee is proposed to be $100 and the maximum to be $2,000. Additionally, the TNRCC is establishing a separate variable application fee for temporary permits which will be either $100 for the appropriation of water amounting to less than ten acre-feet or $250 when the total amount of water is equal to or greater than ten acre-feet. The newly adopted application filing fee to amend a water right is $100 for each recorded and separately numbered water right. The TNRCC is also clarifying the recording fee of $1.25 per page of the application. Finally, the amendments would clarify that the applicant must pay the entire cost of mailing notice to affected persons in the applicable river basin. In accordance with House Bill 2605, sec.295.133 and sec.295.134 of the Commission rules are amended to authorize increases in one-time use fees which may be assessed for an application for a new or amended water right. Specifically, the maximum amount which may be levied would be increased from $25,000 to $50,000 for one use of water. Additionally, the amendment also increases the maximum fee for any additional use of water from $5,000 to $10, 000. Finally, the changes provide that if the application fee is more than $1, 000, the applicant shall pay at least one-half of the fee when the application is filed and the remainder within 180 days from notification that the application has been granted. Also pursuant to House Bill 1, the amendments to sec.295.134 and sec.295.138 set the maximum fee for extensions of time to commence or complete construction at $1,000. Finally the amendment to sec.295.139 provides for the assessment of a $100 recording fee for a change in ownership of a water right. A companion proposed rule amending sec.297.83 would require the submission of a specific water right ownership transfer form and filing fee in addition to the certified copies of the recorded instruments evidencing a water right ownership transfer. No comments were received regarding the adoption of the amendments. The amendments are adopted under the Texas Water Code, sec.sec.5.103, 5.105, and 5.120, which provides the Commission with the authority to promulgate rules as necessary to carry out its powers and duties under the Texas Water Code and other laws of the state. 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 December 17, 1993. TRD-9333771 Mary Ruth Holder Director, Legal Division Texas Natural Resource Conservation Commission Effective date: January 7, 1994 Proposal publication date: October 5, 1993 For further information, please call: (512) 463-8069 Chapter 297. Water Rights, Substantive Subchapter H. Conveyances of Land and Water Rights 30 TAC sec.297.83 The Texas Natural Resource Conservation Commission (TNRCC) adopts an amendment to sec.297.83, concerning the requirement to submit evidence about conveyance of water rights, without changes to the proposed text as published in the October 5, 1993, issue of the Texas Register (18 TexReg 6802), and will not be republished. The rule requires that a water right holder submit a change of ownership form and an ownership recording fee when submitting written instruments evidencing a water right ownership transfer. This rule is a companion to changes made in Chapter 295 relating to application fees (18 TexReg 6801). Previously, the Commission did not charge a fee to record the transfer of water right ownerships. The legislature has recently authorized the Commission to recover the cost, or at least some of the cost, of permitting programs by imposing application fees as provided by House Bill 2605 (1993). This rule establishes a modest fee to recover some of the costs associated with maintaining an accurate account of water rights in the State of Texas. Miscellaneous applications and petitions are subject to a filing fee authorized under the Texas Water Code, sec.5.235. The amount of the fee can be adjusted in the General Appropriations Act under the provisions of Government Code, Chapter 316, Subchapter E. Under the current appropriations bill for the 1992-1993 biennium, House Bill 1, Acts of the 72nd Legislature, First Called Session, 1991, the application fees authorized under the Texas Water Code, sec.5.235(b)- (c) are to be set in an amount to recover costs, but not to exceed $2,000. The same maximum rate is authorized for the 1994-1995 biennium under the provisions of Senate Bill 5, Acts of the 73rd Legislature, 1993. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Water Code, sec. sec.5.103, 5.105, and 5.120, which provides the Texas Natural Resource Conservation Commission with the authority to adopt any rules necessary to carry out its powers and duties under the Code and all other laws of the State of Texas; and to establish and approve all general policy of 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 December 17, 1993. TRD-9333769 Mary Ruth Holder Director, Legal Division Texas Natural Resource Conservation Commission Effective date: January 7, 1994 Proposal publication date: October 5, 1993 For further information, please call: (512) 463-8069 Chapter 305. Consolidated Permits Subchapter C. Application for a Permit 30 TAC sec.305.48 The Texas Natural Resource Conservation Commission (TNRCC) adopts an amendment to sec.305.48, relating to additional content requirements for an application for a wastewater discharge permit in accordance with recent legislation, without changes to the proposed text as published in the September 28, 1993, issue of the Texas Register (18 TexReg 6624), and will not be republished. Specifically, House Bill 1021 (1993) amended sec.26.027(c) of the Texas Water Code to require that an application for a waste discharge permit contain the applicant's full legal name and date of birth; residence street address; driver's license number or state or national identification number; sex; and any assumed business or professional name. The bill took effect September 1, 1993. The adopted amendment to sec.305.48 reflects these statutory changes. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Water Code, sec. sec.5.103, 5.105, and 5.120, which provides the Commission with the authority to promulgate rules as necessary to carry out its powers and duties under the Texas Water Code and other laws of the state. 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 December 17, 1993. TRD-9333770 Mary Ruth Holder Director, Legal Division Texas Natural Resource Conservation Commission Effective date: January 7, 1994 Proposal publication date: September 28, 1993 For further information, please call: (512) 463-8069 TITLE 31. NATURAL RESOURCE AND CONSERVATION Part II. Texas Parks and Wildlife Department Chapter 57. Fisheries Issuance of Marl, Sand Gravel, and Mudshell Permit Applications 31 TAC sec.57.77 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing held November 4, 1993, adopted new sec.57.77, with no changes to the proposed text as published in the October 1, 1993, issue of the Texas Register (18 TexReg 6728), and will not be republished. New sec.57.77 establishes a fee to cover costs associated with the review of an application for a permit to take or disturb marl, sand, and gravel located within state-owned waterways. The amendment is needed to offset part of the costs assoicated with the processing and review of permit applications for marl, sand, and gravel permits. The rule will allow the collection of fees for the review of an application to take or disturb marl, sand, and gravel located within state-owned waterways. Section 57.77 will provide for a nonrefundable application fee of $500 for applications to take a disturb marl, sand, gravel, and mudshell for purposes of sales and $200 for all other applications. Applicant seeking to take or disturb materials from more than one location are subject to an additional nonrefundable fee of $100 for each additional location after the first. Applicants who are exempted under Chapter 86 from the requirement of purchasing marl, sand, shell, or mudshell are exempted from the application fee otherwise required under this section. No comments were received concerning adoption of the rule. New sec.57.77 is proposed under the authority of the Texas Parks and Wildlife Code, sec.11.027(b), which authorizes the department to establish and provide for the collection of a fee to cover costs associate with the review of an application for a permit required by the Code. 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 December 15, 1993. TRD-9333704 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: January 5, 1994 Proposal publication date: October 1, 1993 For further information, please call: 1 (800) 792-1112, Ext. 4433 or (512) 389- 4433 Scientific and Zoological Permits 31 TAC sec.57.283, sec.57.278 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing held November 4, 1993, adopted new sec.57.283 and amendments to sec.57. 278, concerning application processing fees for scientific, zoological and aquarium permits, without changes to the proposed text as published in the October 1, 1993 issue of the Texas Register (18 TexReg 6728). Due to a typographical error, the proposed amendment to sec.57.283 was inadvertently published as a proposed amendment to sec.53.283. The error is corrected here. New 57.283 establishes a fee to cover costs associated with the processing of an application for a scientific, zoological, or aquarium permit. The amendment to sec.57.278 allows issuance of these permits for any period of time not exceeding three years. New sec.57.283 is needed to offset part of the costs associated with the processing and review of permit applications for scientific, zoological, and aquarium permits. The rule will allow the collection of fees for the processing of an application for certain scientific, zoological, or aquarium permits. The amendment to sec.57.278 is needed to increase the permit term for scientific, zoological, and aquarium permits to any period of time not exceeding three years. The amendment will reduce agency workload and reduce paperwork burdens for permittees. New sec.57.283 will provide for a nonrefundable application fee of $50 for scientific permits and $150 for zoological and aquarium permits. Applicants representing only educational institutions or working only on behalf of state or federal regulatory agencies are exempt from the fees. Amended sec.57.278 provides an increased permit term for scientific, zoological, and aquarium permits for any period of time not exceeding three years. No comments were received concerning adoption of the rules. Section sec.57.283 is proposed under the authority of the Texas Parks and Wildlife Code, sec.43.0281, which authorizes the Department to make regulations for assessment and collection of an application processing fee for each permit, renewal, or amendment sought under Chapter 43. The amendment to sec.57.278 is proposed under the authority of sec.43.027, which authorizes the department to make regulations governing the taking and possession of protected wildlife indigenous to the state for scientific and zoological purposes. 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 December 16, 1993. TRD-9333742 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: January 6, 1994 Proposal publication date: October 1, 1993 For further information, please call: 1 (800) 792-1112, Ext. 4433 or (512) 389- 4433 Chapter 61. Design and Construction Guidelines for Administration of Local and Water Conservation Fund Project 31 TAC sec.61.121 (Editor's note: In the December 17, 1993, issue of the Texas Register, the Texas Parks and Wildlife Department published notice of final adoption of 31 TAC sec.61.131 (18 TexReg 9771), with changes to the proposed text as published in the July 23, 1993, issue of the Texas Register (18 TexReg 4847). The proposed amendment was inadvertently combined with an amendment to 31 TAC sec.61.121 in the July 23, 1993, issue of the Texas Register, and the two were supposed to be separately adopted in the December 17, 1993, issue. Due to an oversight, the final adoption of 31 TAC sec.61.121 was omitted from that issue. Section 61.121 is published in this issue, with an effective date of December 31, 1993.) The Texas Parks and Wildlife Commission adopts amendments to 31 TAC sec.61. 121, concerning Guidelines for Administration of Local Land and Water Conservation Fund Projects, and 31 TAC 61.131 concerning Guidelines for Administration of Local Land and Water Conservation Fund Projects, with changes in the text as published in the July 23, 1993, issue of the Texas Register. Amendments to sec.61.121 were inadvertently submitted combined with amendments to 31 TAC sec.61.131 in the Proposed Action Stage. These two amendments are now being submitted separately as required. The rule is necessary to allow for the efficient administration of the grant programs noted and to take into account the creation of the Texas Recreation and Parks account established by acts of the Texas Legislature, Seventy-Third Regular Session. Section 61.121 will allow the Department to recover administrative and related costs for administration of local grant projects. The new rules as proposed were presented to the Texas Parks and Wildlife Commission in its August 26, 1993, public hearing. No comments were received from the public resulting from the publication of the proposed rules in the July 23, 1993, issue of the Texas Register. No comments were received from the public about the proposed rules at the August 26, 1993, Texas Parks and Wildlife Commission public hearing. No public comments were received regarding adoption of the rule. The amendment is adopted under the authority of the Texas Parks and Wildlife Code, sec.24.005 (as amended by Acts of the Texas Legislature, Seventy-Third Regular Session), which provides that in establishing the program of grants under this section, the department shall adopt rules and regulations for grant assistance. sec.61.121. Policy. It is the commission's policy that the state liaison officer shall administer local projects in accord with the following guidelines, with interpretation of intent to be made to provide the greatest number of outdoor recreational opportunities for Texas in accord with priorities of the Texas Outdoor Recreation Plan. (1) Local administrative costs shall not be considered as eligible local matching funds unless circumstances dictate that high priority public needs will not be met without the full or partial benefit of such in-kind contribution. (2) A staged project, when requested by the department with concurrence of the sponsor, will be funded in sequential states when sufficient federal funds are available and the sponsor requests activation of a subsequent stage. (3) When sponsors request a project be staged due to lack of local committed funds, only that part of the project which the sponsor certifies funds available will be supported. Subsequent stages will be submitted for funding as a new project. (4) Approved projects shall be pursued in a timely manner by the sponsor, unless due to extraordinary circumstances beyond the sponsor's control. Failure to meet the following time-frames shall be grounds for the state liaison officer to initiate cancellation of the affected project in order to recommend relocation of available funds to other projects. (A) Acquisition projects. Acquisition projects shall conform with the following: (i) appraisals shall be forwarded to the department no later than nine months after receipt of official notice of project approval; and (ii) after the sponsor has been notified that the appraisal has been approved, the acquisition shall be completed and reimbursement(s) shall be filed with the department no later than 12 months. (B) Development projects. Development projects shall conform with the following: (i) construction plans and specifications shall be forwarded to the department no later than nine months after official notification of project approval; and (ii) on-the-ground construction shall begin no later than six months after the department by official notification has approved project plans and specifications. (5) Sponsors will provide the state liaison officer with a report no less frequently than 90 days, setting forth the physical and monetary progress of a project as correlated to the sponsor's approved application. (6) The state liaison officer may make a fiscal adjustment to an approved project not to exceed 5.0% or $20,000. In those instances where the amount of monetary adjustment is large enough to significantly reduce the funds which could be utilized to support a higher priority project, the state liaison officer shall consider the priority of the adjustment as compared to other pending products. (7) Any official notification to project sponsors shall be made by certified mail. (8) Any provision of this policy shall be automatically amended should the federal government issue a regulation in conflict with this policy, provided that the state liaison officer shall submit to the commission for consideration any federal action in conflict with this policy/ (9) The department is authorized to recover from project sponsors of projects funded through the program, administrative costs sufficient to support operation, administration, and related costs of the grant program. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 10, 1993. TRD-9333476 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: December 31, 1993 Proposal publication date: July 23, 1993 For further information, please call: 1 (800) 792-1112, Ext. 4433 or (512) 389- 4433. TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 19. Long-Term Care Nursing Facility Requirements for Licensure and Medicaid Certification Subchapter Q. Medical Review and Re-evaluation 40 TAC sec.19.1608, sec.19.1613 The Texas Department of Human Services (DHS) adopts amendments to sec.19. 1608 and sec.19.1613, concerning retroactive medical necessity determinations and reconsideration of medical necessity (MN) determinations and effective dates, in its Long-Term Care Nursing Facility Requirements chapter. The amendments are adopted without changes to the proposed text published in the November 9, 1993, issue of the Texas Register (18 TexReg 8171). The justification for the amendments is to combine the functions of Purpose Codes E and 6 which are entered on the patient's CARE form. The amendments will function by reducing paperwork and increasing time for providing patient care. No comments were received regarding adoption of the amendments. The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendments implement the Human Resources Code, sec.22.002 and sec.32.024. 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 December 16, 1993. TRD-9333763 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: February 1, 1994 Proposal publication date: November 11, 1993 For further information, please call: (512) 452-3765 Part II. Texas Rehabilitation Commission Chapter 116. Advisory Committees/Councils 40 TAC sec.sec.116.1-116.9 The Texas Rehabilitation Commission adopts new sec.sec.116.1-116.9, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7331). The new rules have been adopted in order to comply with the provisions of Senate Bill 383 (73rd Legislature). The new rules function by requiring that the Commission outline in rule form the Committees/Councils which advise the Commission. The public will be notified of the existence, purpose, and tasks of these Committees/Councils. No comments were received regarding adoption of the rules. The new sections are adopted under the Texas Human Resources Code, sec.111. 018, which provides the Texas Rehabilitation Commission with the authority to make regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, investigation, and determination for rehabilitation and other services, procedures for hearings, and other regulations subject to this section; as necessary to carry out the purposes of this chapter. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 17, 1993. TRD-9333780 Charles W. Schiesser Associate Commissioner for Legal Services Division Texas Rehabilitation Commission Effective date: January 7, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 483-4051 Part III. Texas Commission on Alcohol and Drug Abuse Chapter 150. Licensure of Chemical Dependency Counselors Counselor Licensure Rules 40 TAC sec.sec.150.1-150.3, 150.9, 150.10, 150.13, 150.16 The Texas Commission on Alcohol and Drug Abuse adopts amendments to sec.sec.150.1-150.3, 150.9, 150.10, 150.13, 150.16. Sections 150.1-150.3, 150.10 and 150.16 are adopted with changes to the proposed text published in the October 29, 1993 issue of the Texas Register (16 TexReg 5819). Section 150.9 and sec.150.13 are adopted without changes and will not be republished. The rules are adopted to define terms commonly used in the profession, set standards and procedures for licensure and renewal as a licensed chemical dependency counselor, and provide grounds for disciplinary action. These amendments are adopted to clarify requirements for internship and licensure, to provide for a new internship designation under the criminal justice setting, implement the mandate of Senate Bill 205 regarding assessment and intervention, and to define requirements for applicants with criminal history. Changes occur in the definitions sections to add the definition of actual and active chemical dependency counseling to define qualified counseling experience for the purposes of transition licensure and clarification of exceptions to counselor intern designation requirements prior to participation in a practicum under the definition of counselor intern. The proposed change to reduce the number of hours of approved curricula required to be designated a counselor intern from 270 hours to 135 hours was deleted. Additionally, certified social worker was changed to licensed master social worker to comply with recent changes in state statute in the definitions section as well as in the exemptions section. Criminal justice counselor intern was changed to criminal justice peer intern to appropriately define counselors in the therapeutic community model and to avoid confusion between the two intern designations. The provision for persons exempt under this act was added to clarify licensure requirements of persons performing chemical dependency assessment or intervention. Persons requiring screening by the Commissioner Offender Credentialing Committee was clarified by adding misdemeanor or felony to criteria contained in record. Sexual exploitation was added to define the intent of Penal Code, sec.21.14. Changes were made for clarity in areas such as sec.150.10 where (as applicable) was added. The sections define terms commonly used in the profession, set standards and procedures for licensure and renewal as a licensed chemical dependency counselor, and provide grounds for disciplinary action. These sections also clarify requirements for internship and licensure, provide for a new internship designation under the criminal justice setting, and define requirements for applicants with criminal history. The proposal to reduce the hours required for internship from 270 to 135 generated more comments than any other area, and opposition was unanimous. Seventy-seven people submitted testimony or written comments protesting the reduction, and most felt very strongly about the issue. It was felt that 270 hours was the absolute minimum, and it was suggested that the requirement should be raised. Allowing inadequately prepared students to assume counseling duties would reduce the quality of treatment provided. Furthermore, supervisors would be less willing to accept responsibility for the work of students with so little preparation, particularly in rural areas when supervisors do not work on site with the intern. In the long run, it could jeopardize the professional status of the entire field, placing it at an even greater disadvantage in an increasingly competitive environment. Two people opposed the practicum guidelines under the counselor intern definition section; it was felt it creates barriers to many people whose experience gives them sufficient knowledge to begin field work. Two other comments supported the rules, stressing the importance of a knowledge base so that students can benefit fully from the practicum experience. The criminal justice counselor intern section also generated numerous comments. Although six individuals voiced general support for the proposal, 61 people commented against it. There was widespread feeling that creating a separate criminal justice category was unnecessary and potentially dangerous for the graduates, for future clients, for the profession, and for the state's overall criminal justice initiative. Numerous comments indicated that it was inappropriate to award professional status to students with less than 270 hours, which they felt to be an absolute minimum. If a lower category of intern was to be created, it should carry a title such as chemical dependency technician, peer intern, peer assistant, or peer facilitator. The duties should also be restricted. Comments made expressed objections on clinical grounds. It was noted that clients in criminal justice programs have problems and needs that are more complex than those of most clients and their counselors must, therefore, be at least as qualified as counselors treating other clients. If the standards are altered at all, additional training should be required to prepare them adequately for this challenging population. Comments were also made that it is demeaning to imply that the graduates were unable to meet the current standards, and that creating a separate criminal justice intern category would create a second-class intern. The strongest objections came from counselors who had criminal histories or who worked with criminal justice clients. Concern was expressed about the well-being of graduates entering the counseling profession. Because these individuals have more serious problems and needs, they typically need a longer period of time to integrate into the community and establish a stable recovery. Experienced counselors stated that many personal issues surface while ex-inmates are on annual report, and they need time to deal with these issues before they try to help others. Giving them responsibility for counseling others too early would be highly stressful and would jeopardize their sobriety. This would lead to a high relapse rate, which would in turn impact the effectiveness of the services provided. The increasing relapse rate and dropping program success rate could, in the long run, threaten the success of the criminal justice initiative. Although the need was recognized for additional counselors to meet the growing demand, this was a short-sighted plan that would backfire. Nineteen people opposed increasing fees. Seven people voiced concern regarding the addition of persons providing incidental counseling under the exemptions section. It was felt that it is subject to misinterpretation and that it creates a large loophole. Instead of clarifying current policy, the language seems to create greater confusion. Nine people spoke in favor of the new section on criminal background investigations; ten spoke against it. Those in favor stressed the importance of the process in maintaining the integrity of the field. Those voicing opposition were concerned about the lack of definitive guidelines. Two people opposed the licensure requirement of persons conducting assessment or intervention, stating that individuals trained to use a structured assessment tool should not be excluded from performing these activities. Two people spoke in favor of the proposal. Two people voiced concerns about the addition of sexual exploitation definition; one individual stated that it was a worthy addition to the rules. Another individual suggested the prohibition be in effect permanently instead of for only two years after a client's discharge. Numerous comments were received from individuals for and against the proposed changes. There were no groups or associations represented. Although there was opposition to various amendments, the commission adopts these changes as follows: The practicum guideline under the counselor intern definition section emphasizes the importance of knowledge base to benefit students in the practicum. The commission added exceptions to students in attending an institute of higher education for the 270 education hours. Although the renewal fee is only increasing from $40 to $50, the fact that the new figure includes the application fee caused many commentors against the increase to think that the fee was almost doubling. The requirement for counselor intern status within a two year period or expiration of the criminal justice counselor intern status would eliminate any concerns regarding early exposure to the community and stable recovery of inmates. Additionally, the criminal justice counselor intern designation is limited to individuals working in the criminal justice initiative only. Incidental counseling under the exemption section provides clarification as it applies to transition counseling. Many individuals applying for transition licensing interpret actual and active counseling as any counseling experience when in fact is considered as incidental as described in this section. There was confusion about the process for review of criminal background checks. Suggestions were made that the review should be done at the time of application rather than at the time of licensure. The licensure requirement of persons conducting assessment or intervention was mandated in the Texas Health and Safety Code, sec. 462. The amendments are adopted under the Texas Civil Statutes, Article 4512, which provide the Texas Commission on Alcohol and Drug Abuse with the authority to establish a procedure by which the commission is to license chemical dependency counselors. The statute affected by these amendments is Texas Civil Statutes, Article 4512o. sec.150.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Actual and active chemical dependency counseling-Counseling performed specifically in the areas of alcohol, drug and inhalant addictions. The primary focus of counseling must be in the chemical dependency field and may be for compensation or voluntary work. Chemical dependency counseling performed as co- lateral or incidental to a person's primary job description is not considered as meeting the "active" segment of the "actual and active" standard for purposes of transition licensure. Counselor intern -A student, intern, or trainee pursuing a course of study in chemical dependency counseling (or a closely related field) at a regionally accredited institution of higher education or training institution approved by the commission . (A) A Counselor intern: (i) performs chemical dependency counseling activities and services as a part of his or her supervised course of study; (ii) has completed 270 classroom hours of approved curricula, including no less than 135 classroom hours of chemical dependency specific education, and 135 classroom hours of chemical dependency related education; (iii) has been designated a counselor intern by the regionally accredited institution of higher education or training institution at which he or she is enrolled; (iv) does not act as a "counselor intern" for more than four years; (v) has made application to the commission, and been approved for counselor intern status, and has paid the counselor intern fee; (vi) submits two letters of reference from QCP to initiate their internship and two letters of reference from licensed chemical dependency counselors (LCDCs) prior to taking the licensing examination. (B) A practicum may not be performed for purposes of meeting established Counselor Intern requirements until a person has met the educational requirements and has been designated as a Counselor Intern. The practicum must be performed under the supervision of an approved, current, practicum provider. (i) An exception to the counselor intern designation requirement before participation in a practicum is extended to students in an accredited university, college, junior college or community college provided that all of the following conditions are met: (I) the student must be officially enrolled, and (II) the practicum is part of the curriculum for which enrolled, and (III) the practicum is performed under the auspices of the educational institution, and (IV) the practicum is performed only on a voluntary basis, and (V) the practicum is performed under the supervision of an approved practicum provider. (ii) Termination of enrollment for any reason shall terminate an incomplete practicum. For the practicum to be accepted by the Texas Commission on Alcohol and Drug Abuse it must be successfully (passing grade) completed to include all 300 hours with corresponding documentation. Private educational program are not eligible for the exception. (C) A person designated as a counselor intern must work under the direct supervision of a qualified credentialed professional (QCP) and may work for compensation or voluntarily. Criminal justice peer intern-A student, intern, or trainee pursuing a course of study in chemical dependency counseling and working in the Texas Criminal Justice Chemical Dependency Treatment Initiative. (A) Approval as a criminal justice counselor intern requires an individual to: (i) make application to the commission; (ii) pay the application fee; (iii) complete 135 approved classroom hours in chemical dependency treatment; (iv) complete a chemical dependency treatment program that utilizes the therapeutic community model and complete immersion training (which shall not be considered part of the 135 hours of required classroom training); (v) be on annual report, if a parolee or Level 4 status, if a probationer. (B) A criminal justice counselor intern must initiate and pursue a course of study which leads to counselor intern status within two years. The criminal justice counselor intern approval and the related exemption expire after two years if the criminal justice intern has not achieved counselor intern status. (C) All criminal justice counselor interns must receive direct clinical supervision from a licensed chemical dependency counselor. An LCDC may not supervise more than five criminal justice counselor interns. (D) The criminal justice counselor intern designation will be revoked immediately upon termination of the voluntary work/employment relationship with the State Criminal Justice System. The designation of criminal justice counselor intern does not authorize the holder to practice in other than a specific element of the Texas Criminal Justice Chemical Dependency Treatment Initiative, specifically, Substance Abuse Felony Punishment (SAFP), In-Prison Therapeutic Community (ITC), Transitional Treatment Center (TTC), Treatment Alternatives to Incarceration Program (TAIP) programs. (E) The designee may not advertise nor represent the credential to the general public by any means, including business cards. Qualified credentialed professional (QCP)-An individual who is either a licensed chemical dependency counselor or who is certified, licensed, approved, or registered by the State of Texas as a licensed master social worker (LMSW), licensed professional counselor (LPC), psychologist, psychological associate, or physician, physician assistant, or registered nurse. Individuals who are not LCDCs must demonstrate two years of chemical dependency counseling experience. Sexual Exploitation -A pattern, practice, or scheme of conduct by a person regulated under this act that may include sexual contact, that can reasonably be construed as being for the purpose of sexual arousal or gratification or sexual abuse of any person. It is not a defense to sexual exploitation of a patient or former patient if it occurs: (A) with consent of the patient or former patient; (B) outside of therapy or treatment; (C) off the premises used for therapy or treatment; (D) within a two-year period following termination of treatment; sec.150.2. License Required. (a) (No change.) (b) A person performing chemical dependency assessment or intervention must be licensed or exempt under this act. (c) A person may not use any name, title, or designation indicating that the person is licensed under this chapter, unless that person holds a current, valid license obtained from the commission pursuant to the requirements of this chapter and Texas Civil Statutes, Article 4512o. (d) This section does not apply to those persons listed in sec.150.3(b) (4) of this chapter (relating to Exemptions). sec.150.3. Exemptions. (a) (No change.) (b) This chapter does not apply to the activities and services of: (1)-(3) (No change.) (4) a licensed physician or psychologist; licensed professional counselor; licensed master social worker; religious leader of a congregation providing pastoral chemical dependency counseling within the scope of his or her duties; or school counselor certified by the Central Education Agency. (c) (No change.) sec.150.10. Licensure: Application; License Requirements; Issuance of License. (a)-(c) (No change.) (d) Background investigation. (1) All applicants for licensure will be subject to a background check before an application is processed for licensing, counselor intern or exam applicant. The background will include a Texas Department of Public Safety Criminal History Report. (2) Persons having any record of a misdemeanor or felony conviction will be screened by the Commissioners Offender Credentialing Committee. The commission may: (A) deny an application; (B) approve processing an application without conditions; (C) approve processing an application with conditions; or (D) revoke an application. (3) An applicant who does not accept the commission's decision may request a formal hearing before the full commission under the procedures established in the Administrative Procedures Act. (4) Information required upon application, by a person previously convicted, in addition to the standard application form includes: (A) narrative statement of conditions/events leading to arrest and conviction; (B) probation/parole starting and discharge dates; (C) probation/parole officers recommendation; (D) two letters of reference from qualified credentialed professionals; (E) age at time of offense; and (F) if crime was alcohol/drug related: (i) what rehabilitation has taken place. (ii) a description of (as applicable): (I) facility; (II) counselor's name; (III) dates; and (IV) indication if the treatment program was satisfactorily completed. (G) any other written information that may assist in the evaluation of an application. Failure to make full and accurate disclosure will be grounds for immediate denial or revocation. (e) Exemptions. (1)-(2) (No change.) (f) Disabled applicants. The commission recognizes that disabled applicants may encounter unusual problems in applying for licensure and will make an effort to accommodate these applicants. The commission, on a case-by-case basis, will consider requests for special arrangements for disabled applicants provided that such requests are reasonable and do not violate the law or the rules of the commission. (g) Issuance of licenses. Upon successful completion of all requirements to obtain a license under this chapter, the commission will issue a license to the applicant as follows: (1)(1)-(3) (No change.) sec.150.16. Disciplinary Action; Grounds. The commission may refuse to issue or renew a license, place on probation a license-holder whose license has been suspended, reprimand a license-holder, or revoke or suspend a license issued under this chapter for: (1)-(6) (No change.) (7) having a license to practice chemical dependency counseling in another jurisdiction refused, suspended, or revoked for a reason that the commission finds would constitute a violation of this chapter, Texas Civil Statutes, Article 4512o, or a rule of the commission adopted pursuant thereto; (8) refusing to perform an act or service for which the person is licensed to perform under this chapter on the basis of the client's or recipient's sex, race, religion, age, national origin, or handicaps; or (9) committing an act of sexual exploitation in violation of Penal Code, sec. 21.14, or for which liability exists under Civil Practice and Remedies Code, Chapter 81. 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 December 15, 1993. TRD-9333783 David Tatum Interim Executive Director Texas Commission on Alcohol and Drug Abuse Effective date: January 7, 1994 Proposal publication date: October 29, 1993 For further information, please call: (512) 867-8720 Texas Department of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's Note: As required by the Insurance Code, Article 5.96 and 5. 97, the Texas Register publishes notices of actions taken by the Department of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure Act. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the Department of Insurance, 333 Guadalupe, Austin.) The State Board of Insurance of the Texas Department of Insurance, at a public meeting held at for 9:00 a.m.,December 15, 1993, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street, Austin, Texas has adopted a filing by the Texas Parks and Wildlife Department consisting of a new surety bond form required by the Acts of the 73rd Legislature. The "Public Official Bond" for Boat Agent is required by the provisions of Acts 1993, 73rd Legislature, under Senate Bill 901 which went into effect September 1, 1993. The "Public Official Bond" for Boat Agent is conditioned on the principal faithfully performing the duties in accordance with the previously mentioned Act and that the principal shall return to the Texas Parks and Wildlife Department or make payment for, all receipt and tax supplies as may be furnished him/her. The amount of the bond will be based on the average "unit" sales price of a boat, outboard motor, or boat and motor times the number of receipts requested by the agent times the sales tax. Each dealer will determine the number of receipts needed. 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 "Public Official Bond" for Boat Agent as adopted by the Board are filed with the Chief Clerk under Referemce Number O- 1093-27 and are incoporated by reference by Board Order Number 60586. 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 December 17, 1993. TRD-9333805 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: January 8, 1994 Proposal publication date: November 26, 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., December 15, 1993, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street, Austin, Texas has adopted a filing by the Texas Department of Banking consisting of a new surety bond form required by Texas Civil Statutes, Article 350. The "Currency Exchange Bond" is required by Texas Civil Statutes, Article 350. The "Currency Exchange Bond" is conditioned on the principal faithfully conforming to and abiding by the provisions of the Article and the rules adopted pursuant to it and will honestly and faithfully apply all funds received and perform all obligations and undertakings in connection with any currency exchange or transmission under the Article and will pay to the Department and to any person all money that becomes due and owing to the Department or to such person under the provisions of the Article because of any currency exchange or transmission by the aforesaid principal as licensee under the provisions of the Article. The amount of the bond will be determined by the Banking Commissioner and will be based on the dollar volume of the licensee's currency exchange or transmission business. The minimum amount of the bond will be $25,000. The Board has jurisdiction over this matter pursuant to the Insurance Code, Article 5.13, 5.15 and 5.97. The full text of the form filing entitled "Currency Exchange Bond" as adopted by the Board are filed with the Chief Clerk under Reference Number O-1093-28 and is incorporated by reference by Board Order Number 60585. 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 December 17, 1993. TRD-9333806 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: January 8, 1994 Proposal publication date: November 26, 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 December 15, 1993, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street, Austin, Texas, adopted a filing by the Texas Department of Transportation consisting of a revised surety bond form entitled "Motor Vehicle Dealer's Surety Bond," Form Number VTRD-150 (Revised 11-93), which revision is required by Acts of the 73rd Legislature. The revised Motor Vehicle Dealer's Surety Bond will enable a motor vehicle dealer or a wholesale motor vehicle auction (collectively the Principal) to comply with bond requirements stipulated by the 73rd Legislature under House Bill 1932, which went into effect June 19, 1993. Comparable to the initial Motor Vehicle Dealer's Surety Bond which became effective on December 28, 1991, the revised bond is conditioned on the Principal paying all valid bank drafts, including checks, drawn by the Principal for the purchase of motor vehicles and transfer of good title to each motor vehicle that the Principal purports to sell. However, under the revised Motor Vehicle Dealer's Surety Bond, the liability of the surety is limited to the face amount of the Motor Vehicle Dealer's Surety Bond, which is $25,000. In addition, the surety is not liable for successive claims in excess of the bond amount, regardless of the number of claims made against the bond or the number of years the bond remains in force. The Texas Department of Transportation's form filing (Reference Number O-1093- 29) was published in the November 26, 1993, issue of the Texas Register (18 TexReg 8779). 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 for the revised Motor Vehicle Dealer's Surety Bond as adopted by the Board is filed with the Chief Clerk under Reference Number O-1093-29 and is incorporated by reference by Board Order No. 60587. 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 December 17, 1993. TRD-9333807 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: January 8, 1994 Proposal publication date: November 26, 1993 For further information, please call: (512) 463-6327