PROPOSED RULES 
 
 Before an agency may permanently adopt a new or amended section or repeal an 
existing section, a proposal detailing the action must be published in the  
Texas Register at least 30 days before action is taken. The 30-day time period 
gives interested persons an opportunity to review and make oral or written 
comments on the section. Also, in the case of substantive action, a public 
hearing must be granted if requested by at least 25 persons, a governmental 
subdivision or agency, or an association having at least 25 members. 
  Symbology in proposed amendments. New language added to an existing section is 
indicated by the use of  bold text. [Brackets] indicate deletion of existing 
material within a section. 
 
   
  TITLE 1. ADMINISTRATION 
 Part XII. Advisory Commission on State Emergency Communications 
  Chapter 251. Regional Plans-Standards 
  
  1 TAC sec.251.4 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Advisory 
Commission on State Emergency Communications or in the Texas Register office, 
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) 
   
  The Advisory Commission on State Emergency Communications proposes the repeal 
of sec.251.4, concerning Guidelines for the Provisioning of Ancillary Equipment. 
The changes to sec.251.4 are substantial; and therefore, the rule is being 
replaced by a new rule for clarity. 
 The guidelines are to be used in evaluating individual council of governments 
requests for equipment/services considered to be essential to system functions. 
The guidelines seek to clarify the provisioning of equipment necessary for 9-1-1 
call delivery. 
 Mary A. Boyd, executive director for the ACSEC has determined that there will 
be no fiscal implications for state or local government as a result of enforcing 
or administering the repeal. Ms. Boyd also has determined that there will be no 
fiscal effect on local employment or the local economy. 
 Ms. Boyd also has determined that the public benefit anticipated as a result of 
enforcing the repeal will be improved effectiveness and reliability of 9-1-1 
call delivery systems in 9-1-1 regions throughout the state. 
 Comments on the proposal may be submitted to Mary Boyd, Executive Director, 
ACSEC, 333 Guadalupe, Suite 2-212, Austin, Texas 78701-3942. 
 The repeal is proposed under the Health and Safety Code, Chapter 771, 
sec.sec.771.055, 771.056, 771.057, and 771.072, which authorizes ACSEC with the 
authority to develop and amend a regional plan as necessary within commission 
standards and procedures to improve 9-1-1 call delivery. It also authorizes 9-1-
1 equalization surcharge funding to be used to implement 9-1-1 regional plans 
that meet commission standards. 
 The proposed rule affects the Health and Safety Code, Chapter 771, and the 
Texas Administrative Code, Part XII, Chapter 251, Regional Plan Standards. 
 
 
  sec.251.4. Guidelines for the Provisioning of Ancillary Equipment. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1994. 
 TRD-9447362 
  Mary A. Boyd 
 Executive Director 
 Advisory Commission on State Emergency Communications 
    Earliest possible date of adoption: October 7, 1994 
 For further information, please call: (512) 305-6911 
         
       
  The Advisory Commission on State Emergency Communications (Commission) 
proposes new sec.251.4, concerning guidelines for 9-1-1 accessibility equipment. 
The guidelines are to be used in evaluating individual Council of Governments 
requests for equipment/services considered to be essential to system functions. 
The guidelines seek to clarify the provisioning of equipment necessary for 9-1-1 
call delivery. 
 Mary Boyd, executive director, has determined that for each year of the first 
five years the section is to be in effect, the public benefit anticipated as a 
result of enforcing the section will be improved effectiveness and reliability 
of 9-1-1 call delivery systems in 9-1-1 regions throughout the state. No 
historical data is available, however, there appears to be no direct impact on 
small or large businesses. There is no anticipated economic cost to persons who 
are required to comply with the section as proposed. 
 Comments on sec.251.4 must be submitted in writing within 30 days after 
publication of the proposal in the Texas Register to Mary Boyd, Executive 
Director, Advisory Commission on State Emergency Communications, 333 Guadalupe, 
Suite 2-212, Austin, Texas 78701-3942. 
 The new section is proposed pursuant to the Health and Safety Code, Chapter 
771, sec.sec.771.055, 771.056, 771.057, and 771.072; and the Texas 
Administrative Code, Part XII, Chapter 251, Regional Plan Standards. 
 The proposal affects the Health and Safety Code, Chapter 771, sec.sec.771.005, 
771.056, 771.057, and 771.072; and the Texas Administrative Code, Part XII, 
Chapter 251, Regional Plan Standards. 
 
 
  sec.251.4. Guidelines for the Provisioning of Accessibility Equipment. 
 
  (a) The Commission established standards that must be met in a 9-1-1 Regional 
Plan. 
   
  (b) The Commission will look favorably on accessibility equipment that will 
improve the effectiveness and reliability of 9-1-1 call delivery systems. 
   
  (c) The Commission will be guided by the basic consideration that it is 
responsible for the provision of 9-1-1 call delivery and not for the provision 
of emergency services. Therefore, the Commission will normally approve 
expenditures related only to call delivery and will continue to expect local 
governments to fund all activities related to the provision of emergency 
services. 
   
  (d) The following guidelines will be used in evaluating Accessibility 
Equipment. 
 
  (1) TDD Accessibility Equipment. The program provided for a statewide 9-1-1 
placement program coupled with related training and public education through an 
interagency contract with the Texas Commission for the Deaf and Hearing Impaired 
(TCDHI), beginning September 1, 1990. The administration of the TDD Distribution 
Program was transferred to the Advisory Commission on State Emergency 
Communications (ACSEC) effective April 1, 1991. 
 
  (A) The program is utilized by Texas regional councils as well as 9-1-1 
emergency Communications Districts. After the program was moved to the ACSEC, 
the TCDHI's TDD program closed and those units loaned from their agency were 
recalled. An agreement was arranged for the ACSEC to purchase those units 
already placed in emergency response centers. 
   
  (B) The Americans with Disabilities Act (P.L. 101-336), commonly referred to 
as the ADA, impacts telephone emergency services by mandating direct access to 
TDD and computer modem users. Although the ADA does not mandate TDD detection 
equipment, the Department of Justice addresses the issue of a "silent call" in 
their Technical Assistance Manual by stating that "operators must be trained to 
recognize that silent calls may be TDD or computer modem calls and to respond 
appropriately." Installation of detection equipment will assist the 
telecommunicator in call-handling efficiency. 
     
  (2) Definitions. The following words and terms, when used in this section, 
shall have the following meanings, unless the context clearly indicates 
otherwise. 
 
  (A) "TDD" is the acronym for Telecommunication Device for the Deaf-Other 
interchangeable acronyms accepted are TTY (Teletypewriter) or TT (Text 
Telephone). 
   
  (B) TDD Detectors monitor incoming trunks for TDD tones -Upon detection, a 
response sequence begins. A built-in recording provides a repeating voice 
announcement, "TDD Call," to the telecommunicator. A message is sent to the TDD 
caller (such as "9-1-1 Please Hold"). The telecommunicator then connects to a 
TDD or the call can be transferred to a TDD-equipped trunk. 
   
  (C) TDD Call Diverters function as a detection device, monitoring incoming 
calls and upon detection of TDD tones, diverts the call to a trunk/position 
designated for handling TDD calls -This device requires installation on each 
incoming trunk to monitor calls. 
     
  (3) The following are funding parameters for accessibility equipment. 
 
  (A) The Commission will fund TDD equipment. 
   
  (B)  The Commission will fund one TDD Detector per position. 
   
  (C) The Commission will fund TDD Call Diverters for PSAPs with four or more 
positions. 
   
  (D) The Commission will review and consider exceptions to the above policies 
on a case-by-case basis. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1994. 
 TRD-9447363 
  Mary A. Boyd 
 Executive Director 
 Advisory Commission on State Emergency Communications 
    Earliest possible date of adoption: October 7, 1994 
 For further information, please call: (512) 305-6911 
         
                     
  TITLE 10. COMMUNITY DEVELOPMENT 
 Part I. Texas Department of Housing and Community Affairs 
  Chapter 9. Texas Community Development Program 
  
  Subchapter A. Allocation of Program Funds 
 
  10 TAC sec.sec.9.1-9.4, 9.6, 9.7, 9.9 
 
  The Texas Department of Housing and Community Affairs (TDHCA) proposes 
amendments to sec.sec.9.1, 9.2, 9.4, 9.6, 9.7, and 9.9 and proposes a new 
sec.9.3, concerning the allocation of Community Development Block Grant (CDBG) 
non-entitlement area funds under the Texas Community Development Program. The 
amendments are being proposed to establish the standards and procedures by which 
TDHCA will allocate fiscal year 1994 economic development, disaster relief, and 
urgent need funds and fiscal years 1994 and 1995 community development, colonia, 
and planning/capacity building funds. The new section is being proposed to 
establish the standards and procedures by which TDHCA will allocate fiscal years 
1994 and 1995 Young v. Cisneros  funds. The amendments are being proposed to 
make changes to the application and selection criteria for the program fund 
categories. The proposed new section includes Young v. Cisneros fund application 
requirements, selection procedures and scoring criteria. 
 Ruth Cedillo, director of the Texas Community Development Program, has 
determined that for the first five-year period that the sections are in effect 
there will be no fiscal implications for state or local government as a result 
of enforcing or administering the sections. 
 Ms. Cedillo also has determined that for each year of the first five years the 
sections are in effect, the public benefit as a result of enforcing the sections 
will be the equitable allocation of CDBG non-entitlement area funds to eligible 
units of general local government in Texas. There will be no effect on small 
businesses. There are no anticipated economic costs to persons who are required 
to comply with the sections as proposed. 
 Comments on the proposal may be submitted to Anne Paddock, Deputy General 
Counsel, Texas Department of Housing and Community Affairs, 811 Barton Springs 
Road, Suite 500, Austin, Texas 78711-3941. 
 The amendments and new section are proposed under Texas Government Code, 
Chapter 2306, sec.2306.098, which provides TDHCA with the authority to allocate 
Community Development Block Grant non-entitlement area funds to eligible 
counties and municipalities according to department rules. 
 Texas Government Code, Chapter 2306, sec.2306.098 is affected by the proposed 
amendments and new section. 
 
 
  sec.9.1. General Provisions. 
 
  (a) Definitions and abbreviations. The following words and terms, when used in 
this subchapter, shall have the following meanings, unless the context clearly 
indicates otherwise. 
 
  (1)-(12) (No change.) 
   
  (13) Permanent job-A <nl>permanent position<ol> [job] for which continuation 
of employment is not dependent on funds provided through the Texas Community 
Development Program. 
   
  (14)-(18) (No change.) 
   
  (19) State review committee-The State Community Development Review Committee 
established pursuant to <nl>Texas Government Code, sec.2306.100. <ol> [Texas 
Civil Statutes, Article 4413(501), sec.2.10.] 
   
  [(20) Underemployed person-A person who works less than 40 hours per week not 
by choice, at a salary that is not commensurate with his skills and experience.] 
   
  <nl>(20)<ol>[(21)] Unemployed person-A person between the ages of 16 and 64, 
inclusive, who is not presently working but is seeking employment. 
   
  <nl>(21)<ol>[(22)] Unit of general local government-An entity defined as a 
unit of general local government in 42 United States Code, sec.5302(a)(1), as 
amended. 
     
  (b) Overview-Community Development Block Grant nonentitlement area funds are 
distributed by the Texas Community Development Program to eligible units of 
general local government in the following program areas: 
 
  (1)-(5) (No change.) 
   
  (6) colonia fund<nl> ;<ol> [.] 
   
  <nl>(7) Young v. Cisneros<ol> <nl>fund. 
     
  (c)-(d) (No change.) 
   
  (e) Ineligible activities. Any type of activity not described or referred to 
in the Federal Housing and Community Development Act of 1974, sec.5305(a) (42 
United States Code Section 5301 et seq.) is ineligible for funding under the 
Texas Community Development Program. Specific ineligible activities include, but 
are not limited to, construction of buildings and facilities used for the 
general conduct of government (e.g., city halls and courthouses); new housing 
construction, except as described as eligible under the current Texas Community 
Development Program application guides; the financing of political activities; 
purchases of construction equipment; income payments, such as housing 
allowances; most operation and maintenance expenses; pre-contract costs, 
<nl>except for costs incurred prior to submittal of an application and paid with 
local government or other funds for administrative consultant and 
engineering/architectural services;<ol> [such as application preparation fees 
and engineering/architectural fees paid prior to submittal of the application;] 
prisons (unless the prison is located on a federal military installation closed 
by the federal government); and racetracks. 
   
  (f) Citizen Participation. 
 
  (1) Public hearing requirements. For each public hearing scheduled and 
conducted by an applicant or contractor, the following public hearing 
requirements shall be followed. 
 
  (A) (No change.) 
   
  (B) Each public hearing shall be held at a time and location convenient to 
potential or actual beneficiaries, with accommodation for persons with 
disabilities. [Public hearings must be held after 5:00 p.m. on a weekday or at a 
convenient time on a Saturday.] 
   
  (C) (No change.) 
     
  (2) Application requirements. Prior to submitting a formal application, an 
applicant for Texas Community Development Program funding shall satisfy the 
following requirements. 
 
  (A)-(C) (No change.) 
   
  (D) An applicant shall retain documentation of the hearing notices, a list of 
attendees at each hearing, minutes of the hearings, and any other records 
concerning the proposed use of funds for a period of three years or until the 
project, if funded, is closed out. Such records must be made available to the 
public in accordance with <nl>Texas Government Code, Chapter 552<ol> [Texas 
Civil Statutes, Article 6252-17a]. 
   
  (E)-(F) (No change.) 
   
  <nl>(G) At least one of the two required application public hearings must be 
held after 5:00 p.m. on a weekday or at a convenient time on a Saturday. 
     
  (3) Contractor requirements. 
 
  (A)-(B) (No change.) 
   
  (C) A contractor shall retain documentation of the hearing notices, a list of 
attendees at each hearing, minutes of the hearings, and any other records 
concerning the actual use of funds for a period of three years after the 
contract is closed out. Such records must be made available to the public in 
accordance with <nl>Texas Government Code, Chapter 552<ol> [Texas Civil 
Statutes, Article 6252-17a]. 
   
  <nl>(D) The public hearings must be held after 5:00 p.m. on a weekday or at a 
convenient time on a Saturday. 
     
  (4)-(5) (No change.) 
     
  (g) Appeals. An applicant for funding under the Texas Community Development 
Program may appeal the disposition of its application in accordance with this 
subsection. 
 
  (1) (No change.) 
   
  (2) The appeal must be submitted in writing to the Texas Community Development 
Program of the department no later than 30 days after the date the announcement 
of community development fund and planning/capacity building fund contract 
awards is published in the Texas Register<ol>. In addition, timely appeals not 
submitted in writing at least five working days prior to the next regularly 
scheduled meeting of the state review committee will be heard at the subsequent 
meeting of the state review committee. The department staff will evaluate the 
appeal and may either concur with the appeal and make an appropriate adjustment 
to the applicant's scores, or disagree with the appeal and prepare an appeal 
file for consideration by the state review committee at its next regularly 
scheduled meeting. The state review committee will make a final recommendation 
to the executive director of the department. The decision of the executive 
director of the department is final. If the appeal concerns a Texas capital 
fund, disaster relief fund, or urgent need fund application, the appeal must be 
submitted in writing to the department no later than 30 days following the date 
of the notification letter of the denial. If the appeal concerns a colonia fund 
<nl>or Young v. Cisneros<ol> <nl>fund<ol> application, the appeal must be 
submitted in writing to the department no later than 30 days after the date the 
announcement of contracts awards is published in the Texas Register<ol>. The 
staff evaluates the appeal and may either concur with the appeal or disagree 
with the appeal and prepare an appeal file for consideration by the executive 
director. The executive director then considers the appeal within 30 days and 
makes the final decision. 
   
  (3) In the event the appeal is sustained and the corrected scores would have 
resulted in project funding, the application is approved and funded. If the 
appeal concerning a community development fund or planning/capacity building 
fund application is rejected, the department notifies the applicant of its 
decision, including the basis for rejection after the meeting of the state 
review committee at which the appeal was considered. If the appeal concerns a 
Young v. Cisneros <ol> <nl>fund,<ol> Texas capital fund, colonia fund, disaster 
relief fund, or urgent need fund application, the applicant will be notified of 
the decision made by the executive director within 10 days after the final 
determination by the executive director. 
   
  (4) (No change.) 
     
  (h)-(i) (No change.) 
   
  (j) False information. If an applicant provides false information in its 
community development fund or planning/capacity building fund application which 
has the effect of increasing the applicant's competitive advantage, <nl>the 
number of beneficiaries, or the percentage of low to moderate income 
beneficiaries, <ol> the department refers the matter to the state review 
committee for disciplinary action. If the applicant provides false information 
in a Young v. Cisneros <nl> fund,<ol> Texas capital fund, colonia fund, disaster 
relief fund, or urgent need fund application, the department staff [in 
conjunction with the staff of the Texas Department of Commerce] shall make a 
recommendation for action to the executive director of the department. The state 
review committee makes a recommendation for action to the executive director of 
the department at its next regularly scheduled meeting. Documentation of false 
information must be submitted at least ten business days prior to the next 
regularly scheduled meeting of the state review committee to be considered at 
that meeting. Recommendations that the state review committee or executive 
director may make include, but are not limited to: 
 
  (1)-(2) (No change.) 
     
  (k) Substitution of standardized data. Any applicant that chooses to 
substitute locally generated data for standardized information available to all 
applicants must use the survey instrument provided by the department and must 
follow the procedures prescribed in the instructions to the survey instrument. 
 
  (1) (No change.) 
   
  (2) Surveys, including signed tabulation sheets,  <nl>signed surveys location 
sheets, <ol> all responses, and all non-responses must be submitted to the 
department <nl>by<ol> [at least 14 days prior to] the application deadline, for 
verification and spot-checking. 
   
  (3)-(5) (No change.) 
     
  (l) Unobligated and recaptured funds. Any additional funds resulting from the 
recapture of dollars from a prior year's allocation, recapture of program 
income, unobligated or unused funds from a program area specified in subsection 
(b) of this section, or reallocated funds which the United States Department of 
Housing and Urban Development has recaptured from small cities grantees are 
redistributed to eligible communities on a priority basis with eligible disaster 
relief and urgent need projects as the highest priority; <nl>eligible projects 
with Young v. Cisneros <ol> <nl>activities, colonia activities, or federally 
designated empowerment zone and/or enterprise community activities as the next 
highest priority;<ol> and eligible economic development projects as the next 
highest priority. Any additional remaining funds may be redistributed to 
eligible communities at the discretion of the executive director of the 
department within such program areas. 
   
  (m) (No change.) 
   
  (n) Performance threshold requirements. In addition to the requirements of 
subsection (h) of this section, an applicant must satisfy the following 
performance requirements in order to be eligible to apply for program funds. A 
contract is considered executed for the purposes of this subsection on the date 
stated in sec.2 of such contract: 
 
  (1)-(2) (No change.) 
   
  <nl>(3) expend all but the audit funds for a Texas capital fund contract 
funded prior to the 1994 program year that has been in effect for at least 36 
months and submit to the department the close-out documents (and any close-out 
document revisions requested by the department) required by the most recent 
edition of the Texas Community Development Program Project Implementation Manual 
prior to submitting an application for the 1994 program year Texas capital fund 
program; 
   
  <nl>(4) starting with the 1994 program year Texas capital fund contracts, 
local governments that have not closed Texas capital fund contracts within the 
three-year contract period are required to establish a repayment plan for any 
expended contract funds. 
     
  <nl>(o) State review committee. The committee shall consult with and advise 
the department's executive director on the administration and enforcement 
policies of the Texas Community Development Program; review funding 
recommendations for applicants under the community development fund and 
planning/capacity building fund and assist the department's executive director 
in the allocation of program funds to the applicants; review appeals and submit 
recommendations for the disposition of such appeals to the department's 
executive director in accordance with the procedures described in subsection (g) 
of this section; and report committee actions concerning these tasks to the 
department's executive director through the minutes of committee meetings and 
written reports prepared by department staff on behalf of the committee. 
 
     
  sec.9.2. Community Development Fund. 
 
  (a) (No change.) 
   
  (b) Funding cycle. <nl>This fund is allocated to eligible units of general 
local government on a biennial basis for the 1994 and 1995 program years 
pursuant to regional competitions held during the 1994 program year.<ol> [This 
fund is allocated on an annual basis to eligible units of general local 
government pursuant to a regional competition.] Applications for funding 
<nl>from the 1994 and 1995 program year allocations<ol> must be received by the 
Texas Community Development Program by 5:00 p.m. on the date specified in the 
most recent application guide for this fund. 
   
  (c) Allocation plan. 
 
  (1) (No change). 
   
  (2) Each state planning region is provided with a  <nl>1994 program year<ol> 
target allocation <nl>and a 1995 program year target allocation<ol> of funds for 
applications in its region that are ranked <nl>through the 1994 program year 
regional competitions<ol> in accordance with a shared scoring system involving 
the department and the regional review committees.  <nl>Where the remainder of 
the 1994 program year target allocation is insufficient to completely fund the 
next highest ranked applicant, the applicant receives complete funding of the 
original grant request through a combination of 1994 and 1995 program year 
funds. <ol> Where the remainder of the <nl>1995 program year<ol> target 
allocation is insufficient to completely fund the next ranked application, the 
department works with the affected applicant to determine whether partial 
funding is feasible. If partial funding is not feasible, the remaining funds 
from all the target allocations are pooled to fund projects from among the 
highest ranked, unfunded applications from each of the 24 state planning 
regions. Selection criteria for such applications will consist of the selection 
criteria scored by the department under this fund. Marginal applicants' scores 
are recomputed based on the applicants competing in the marginal pool 
competition only. 
     
  (d) Selection procedures. 
 
  (1)-(4) (No change.) 
   
  (5) Following a final technical review, the department staff makes a site 
visit to each of the applicants recommended for funding and then presents the 
<nl>the 1994 program year and 1995 program year<ol> funding recommendations to 
the state review committee. 
   
  (6) (No change.) 
   
  (7) The executive director of the department reviews the <nl>1994 program 
year<ol> final recommendations for project awards and announces the contract 
awards. 
   
  (8) Upon announcement of <nl>the 1994 program year<ol> contract awards, the 
department staff works with recipients to execute the contract agreements. While 
the award must be based on the information provided in the application, the 
department may negotiate any element of the contract with the recipient as long 
as the contract amount is not increased and the level of benefits described in 
the application is not decreased. The level of benefits may be negotiated only 
when the project is partially funded with the remainder of the target allocation 
within a region. 
   
  <nl>(9) When the 1995 program year Texas Community Development Program 
allocation becomes available, the executive director of the department reviews 
the 1995 program year final recommendations for project awards and announces the 
contract awards. 
   
  <nl>(10) Upon announcement of the 1995 program year contract awards, the 
department staff works with recipients to execute the contract agreements. While 
the award must be based on the information provided in the application, the 
department may negotiate any element of the contract with the recipient as long 
as the contract amount is not increased and the level of benefits described in 
the application is not decreased. The level of benefits may be negotiated only 
when the project is partially funded with the remainder of the target allocation 
within a region. 
     
  (e) Selection criteria. The following is an outline of the selection criteria 
used by the department and the regional review committees for scoring 
applications under the community development fund. Seven hundred points are 
available. 
 
  (1)-(2) (No change.) 
   
  (3) Percentage of minorities presently employed by the applicant divided by 
the percentage of minority residents within the local community (total-25 
points). In the event  <nl>10% or less<ol> [less than 5.0%] of the applicant's 
population base is composed of minority residents,  <nl>the applicant has seven 
or fewer non-seasonal<ol> [or the applicant has less than five permanent] full-
time employees, <nl>or 5.0% or more of the applicant's population base is living 
in group quarters or institutions,<ol> the applicant is assigned either the 
average score on this factor for all applicants in its state planning region, or 
the score calculated on the actual figures, whichever is higher. The terms used 
in this paragraph are defined in the current application guide for this fund. 
   
  (4) Project impact (total-170 points). Ten points of the 170 points available 
are awarded to applicants which did not receive a community development fund 
contract award during the previous program year. Of the remaining 160 points 
available, each application is scored <nl>within a point range based on the 
application activities.<ol> [on how the proposed project resolves the identified 
need and the severity of the need within the applying jurisdiction.] <nl>Multi-
activity projects which include activities in different scoring ranges will 
receive a combination score within the possible range.<ol> Information submitted 
in the application or presented to the regional review committees is used by a 
committee composed of staff of the department to generate scores on this factor. 
 
  <nl>(A) The point ranges used for project impact scoring are as follows: 
 
  <nl>(i)<nl> activities in a federally designated empowerment zone or 
enterprise community (150 to 160 points); 
   
  <nl>(ii)<nl> water activities, sewer activities, housing activities, 
activities linked with the department's 1993 program year HOME and Low Income 
Housing Tax Credit (LIHTC) programs or activities linked with applications for 
1994 program year HOME and LIHTC funding (140 to 160 points); 
   
  <nl>(iii)<nl> street paving, drainage, flood control and handicapped 
accessibility activities (120 to 145 points); 
   
  <nl>(iv)<nl> gas facilities, electrical facilities, solid waste disposal, fire 
protection, and health clinic activities (110 to 130 points); 
   
  <nl>(v)<nl> community center, senior citizens center, social services center, 
demolition/clearance, and code enforcement activities (100 to 120 points); 
   
  <nl>(vi)<nl> jail facilities and detention facilities (90 to 110 points); 
   
  <nl>(vii)<nl> all other eligible activities (70 to 100 points). 
     
  <nl>(B) Other factors that will be evaluated by department staff in the 
assignment of project impact scores within the point ranges for activities 
include, but are not limited to, the following: 
 
  <nl>(i)<nl> each application is scored based on how the proposed project will 
resolve the identified need and the severity of the need within the applying 
jurisdiction; 
   
  <nl>(ii)<nl> projects that include activities located in a federally 
designated empowerment zone or enterprise community receive the maximum score; 
   
  <nl>(iii)<nl> projects that address basic human needs such as water, sewer, 
and housing generally are scored higher than projects addressing other eligible 
activities; 
   
  <nl>(iv)<nl> projects that provide a first-time public facility or service 
generally receive a higher score than projects providing an expansion or 
replacement of existing public facilities or services; 
   
  <nl>(v)<nl> public water and sewer projects that provide a first-time public 
facility or service generally receive a higher score than other eligible first-
time public facility or service projects; 
   
  <nl>(vi)<nl> projects designed to bring existing services up to at least the 
state minimum standards as set by the applicable regulatory agency are given 
additional consideration. 
       
  (5)-(6) (No change.) 
 
       
  sec.9.3. Young v. Cisneros Fund 
 
  (a) General provisions. Assistance under this fund is limited to the local 
governments located in the 36 counties named in the Young v. Cisneros <ol> 
lawsuit. The eligible activities are the required activities described in 
desegregation plans and desegregation plan amendments filed by the U.S. 
Department of Housing and Urban Development (HUD) with the U.S. District Court 
for the Eastern District of Texas and/or activities described in memoranda-of-
understanding developed by HUD and the local governments included in the area 
affected by the lawsuit. 
 
  (1) A local government with Young v. Cisneros<ol> required activities must 
submit an application under this fund which addresses the required activities 
and which includes local matching funds in order to be eligible to submit an 
application for community development fund assistance. 
   
  (2) In addition to the threshold requirements of sec.9.1(h) of this title 
(relating to General Provisions) and the requirements of sec.9.1(n), in order to 
be eligible to apply for Young v. Cisneros<ol> funding, an applicant must 
document that at least 51% of the persons who would directly benefit from the 
implementation of each activity proposed in the application are of low to 
moderate income. 
     
  (b) Funding cycle. This fund is allocated to eligible units of general local 
government on a bi-annual basis for the 1994 and 1995 program years pursuant to 
a competition held during the 1994 program year. Applications for funding from 
the 1994 and 1995 program year allocations must be received by the Texas 
Community Development Program by 5:00 p.m. on the date specified in the most 
recent application guide for this fund. 
   
  (c) Selection procedures. 
 
  (1) Prior to the application deadline, each eligible local government may 
submit one application for funding under the Young v. Cisneros<ol> fund. Two 
copies of the application must be submitted to the department and at least one 
copy of the application must be submitted to the applicant's state planning 
region. 
   
  (2) Upon receipt of an application, the department staff performs an initial 
review to determine whether the application is complete and whether all proposed 
activities are eligible for funding. The results of this initial review are 
provided to the applicant. If not subject to disqualification, the applicant may 
correct any deficiencies identified within ten calendar days of the date of the 
staff's notification. 
   
  (3) Each regional review committee may, at its option, review and comment on 
an application from a local government within its state planning region. These 
comments become part of the application file , provided such comments are 
received by the department prior to scoring of the applications. 
   
  (4) The department then scores the applications to determine rankings. Scores 
on the selection factors are derived from standardized data from the U. S. 
Census Bureau, Texas Employment Commission, and from information provided by the 
applicant. 
   
  (5) Following a final technical review, the department staff makes funding 
recommendations for the 1994 and 1995 program year allocations to the executive 
director of the department. 
   
  (6) The executive director of the department reviews the 1994 program year 
final recommendations for project awards and announces the contract awards. 
   
  (7) Upon announcement of the 1994 program year contract awards, the department 
staff works with recipients to execute the contract agreements. While the award 
must be based on the information provided in the application, the department may 
negotiate any element of the contract with the recipient as long as the contract 
amount is not increased and the level of benefits described in the application 
is not decreased. The level of benefits may be negotiated only when the project 
is partially funded with the remainder of the target allocation within a region. 
   
  (8) When the 1995 program year Texas Community Development Program allocation 
becomes available, the executive director of the department reviews the 1995 
program year final recommendations for project awards and announces the contract 
awards. 
   
  (9) Upon announcement of the 1995 program year contract awards, the department 
staff works with recipients to execute the contract agreements. While the award 
must be based on the information provided in the application, the department may 
negotiate any element of the contract with the recipient as long as the contract 
amount is not increased and the level of benefits described in the application 
is not decreased. The level of benefits may be negotiated only when the project 
is partially funded with the remainder of the target allocation within a region. 
     
  (d) Selection criteria. The following is an outline of the selection criteria 
used by the department and the regional review committees for scoring 
applications under the Young v. Cisneros<ol> fund. Three hundred fifty points 
are available. 
 
  (1) Community distress (total-55 points). All community distress factor scores 
are based on the population of the applicant. An applicant that has 125% or more 
of the average rate of all applicants in the competition on any community 
distress factor, except per capita income, receives the maximum number of points 
available for that factor. An applicant with less than 125% of the average rate 
of all applicants in the competition on a factor will receive a proportionate 
share of the maximum points available for that factor. An applicant that has 75% 
or less of the average of all applicants in the competition on the per capita 
income factor will receive the maximum number of points available for that 
factor: 
 
  (A) percentage of persons living in poverty-20; 
   
  (B) per capita income-20; 
   
  (C) unemployment rate-15; 
     
  (2) Benefit to low- and moderate-income persons (total -40 points). An 
application in which at least 60% of the Texas Community Development Program 
funds requested benefit low and moderate income persons receives 40 points. 
   
  (3) Percentage of minorities presently employed by the applicant divided by 
the percentage of minority residents within the local community (total-25 
points). In the event 10% or less of the applicant's population base is composed 
of minority residents, the applicant has seven or fewer non-seasonal full-time 
employees, or 5.0% or more of the applicant's population base is living in group 
quarters or institutions, the applicant is assigned either the average score on 
this factor for all applicants in the competition, or the score calculated on 
the actual figures, whichever is higher. The terms used in this paragraph are 
defined in the current application guide for this fund. 
   
  (4) Project impact (total-170 points). Information submitted in the 
application is used by a committee composed of staff of the department to 
generate scores on this factor. Factors to be evaluated by staff in the 
assignment of scores include, but are not limited to the following: 
 
  (A) how the proposed project resolves the required activities described in 
desegregation plans and desegregation plan amendments filed by HUD with the 
court and/or the activities described in memorandums-of-understanding developed 
by HUD; 
   
  (B) whether the applicant has received prior Texas Community Development 
Program funds to address Young v. Cisneros<ol> required activities; 
   
  (C) whether the application includes any activities that are not required 
activities described in desegregation plans and desegregation plan amendments 
filed by HUD with the court and/or the activities described in memorandums-of-
understanding developed by HUD; 
   
  (D) whether the application required activities are linked with housing 
activities funded under the department's 1993 program year HOME and Low Income 
Housing Tax Credit (LIHTC) programs or the required activities are linked with 
housing activities included in applications for 1994 program year HOME and LIHTC 
funding; and 
   
  (E) whether the applicant has previously addressed any of the required 
activities described in desegregation plans and desegregation plan amendments 
filed by HUD with the court and/or the activities described in memorandums-of-
understanding developed by HUD with local resources. 
     
  (5) Matching Funds (total-60 points). An applicant's matching share may 
consist of one or more of the following contributions: cash; in-kind services or 
equipment use; materials or supplies; or land. An applicant's match is 
considered only if the contributions are used in the same target areas for 
activities directly related to the activities proposed in its application; if 
the applicant demonstrates that its matching share has been specifically 
designated for use in the activities proposed in its application; and if the 
applicant has used an acceptable and reasonable method of valuation. The 
population category under which county applications are scored depends on the 
project type and the beneficiary population served. If the project benefits 
residents of the entire county, the total population of the county is used. If 
the project is for activities in the unincorporated area of the county with a 
target area of beneficiaries, the population category is based on the residents 
of the entire unincorporated area of the county. For county applications 
addressing water and sewer improvements in unincorporated areas, the population 
category is based on the actual number of beneficiaries to be served by the 
project activities. The population category under which multi-jurisdiction 
applications are scored is based on the combined populations of the 
participating applicants according to the 1990 census. Applications for housing 
rehabilitation and for affordable new permanent housing for low- and moderate-
income persons receive the 60 points without including any matching funds. This 
exception is for housing activities only. Sewer or water service 
line/connections are not counted as housing rehabilitation. Demolition/clearance 
and code enforcement, when done in the same target area are counted as part of 
the housing rehabilitation activity. When demolition/clearance and code 
enforcement are proposed without housing rehabilitation activities, then the 
match score is still based on actual matching funds committed by the applicant. 
Applications which include additional activities, other than related housing 
activities, are scored based on the percentage of match provided for the 
additional activities. The terms used in this paragraph are further defined in 
the current application guide for this fund. 
 
  (A) Applicants with populations equal to or less than 750 according to the 
1990 census: 
 
  (i) match equal to or greater than 5.0% of grant request-60; 
   
  (ii) match at least 4.0% but less than 5.0% of grant request-40; 
   
  (iii) match at least 3.0% but less than 4.0% of grant request-20; 
   
  (iv) match at least 2.0% but less than 3.0% of grant request-10; 
   
  (v) match less than 2.0% of grant request-0. 
     
  (B) Applicants with populations equal to or less than 1,500 but over 750 
according to the 1990 census: 
 
  (i) match equal to or greater than 10% of grant request-60; 
   
  (ii) match at least 7.5% but less than 10% of grant request-40; 
   
  (iii) match at least 5.0% but less than 7.5% of grant request-20; 
   
  (iv) match at least 2.5% but less than 5.0% of grant request-10; 
   
  (v) match less than 2.5% of grant request-0. 
     
  (C) Applicants with populations equal to or less than 5,000 but over 1, 500 
according to the 1990 census: 
 
  (i) match equal to or greater than 15% of grant request-60; 
   
  (ii) match at least 11.5% but less than 15% of grant request-40; 
   
  (iii) match at least 7.5% but less than 11.5% of grant request-20; 
   
  (iv) match at least 3.5% but less than 7.5% of grant request-10; 
   
  (v) match less than 3.5% of grant request-0. 
     
  (D) Applicants with populations over 5,000 according to the 1990 census: 
 
  (i) match equal to or greater than 20% of grant request-60; 
   
  (ii) match at least 15% but less than 20% of grant request-40; 
   
  (iii) match at least 10% but less than 15% of grant request-20; 
   
  (iv) match at least 5.0% but less than 10% of grant request-10; 
   
  (v) match less than 5.0% of grant request-0. 
 
           
  sec.9.4. Planning/Capacity Building Fund. 
 
  (a) (No change.) 
   
  (b) Funding cycle. This fund is allocated <nl>to eligible units of general 
local government on a biennial basis for the 1994 and 1995 program years 
pursuant to a statewide competition held during the 1994 program year.<ol> [on 
an annual basis to eligible units of general local government on a statewide 
competitive basis.] Applications for funding <nl>from the 1994 and 1995 program 
year allocations<ol> must be received by the Texas Community Development Program 
by 5:00 p.m. on the date specified in the most recent application guide for this 
fund. 
   
  (c) Selection procedures. Scoring and the recommended ranking of projects is 
done by staff and a committee composed of department staff with input from the 
regional review committees. The application and selection procedures consist of 
the following steps. 
 
  (1)-(6) (No change.) 
   
  (7) The department staff submits <nl>the 1994 program year and the 1995 
program year <ol> funding recommendations to the state review committee. The 
state review committee reviews the project rankings and provides funding 
recommendations to the executive director of the department. 
   
  (8) The executive director of the department reviews the <nl>1994 program 
year<ol> funding recommendations and announces the contract awards. 
   
  (9) Upon the announcement of <nl>the 1994 program year<ol> contract awards, 
the department staff works with recipients to execute the contract agreements. 
The award is based on the information provided in the application and on the 
amount of funding proposed for each contract activity based on the matrix 
included in the most recent application guide for this fund. 
   
  <nl>(10) When the 1995 program year Texas Community Development Program 
allocation becomes available, the executive director of the department reviews 
the 1995 program year funding recommendations and announces the contract awards. 
   
  <nl>(11) Upon the announcement of the 1995 program year contract awards, the 
department staff works with recipients to execute the contract agreements. The 
award is based on the information provided in the application and on the amount 
of funding proposed for each contract activity based on the matrix included in 
the most recent application guide for this fund. 
     
  (d) Selection criteria. The following is an outline of the selection criteria 
used by the department for selection of the projects under the planning/capacity 
building fund. Four hundred thirty points are available. 
 
  (1) (No change.) 
   
  (2) Percentage of minorities presently employed by the applicant divided by 
the percentage of minority residents within the local community (total-25 
points). In the event  <nl>10% or less<ol> [less than 5.0%] of the applicant's 
population base is composed of minority residents,  <nl>the applicant has seven 
or fewer non-seasonal full-time <ol> [or the applicant has less than five full-
time permanent] employees, <nl>or 5.0% or more of the applicant's population 
base is living in group quarters or institutions,<ol> the applicant is assigned 
the average score on this factor for all applicants, or the score calculated on 
its actual figures, whichever is higher. The terms used in this paragraph are 
defined in the current application guide. 
   
  (3) (No change.) 
   
  (4) Planning strategy and products (total-250 points). 
 
  (A) Previous planning (50 points). 
 
  (i) An applicant which has not previously received a planning/capacity 
building contract <nl>or an applicant which has received a planning/capacity 
building fund contract prior to the 1987 program and has not received any 
subsequent planning/capacity building fund contracts  -50 points. 
   
  (ii)-(iii) (No change.) 
     
  (B) (No change.) 
 
         
  sec.9.6. Urgent Need Fund. 
 
  (a) (No change.) 
   
  (b) Threshold requirements. In addition to the requirements set forth in 
sec.9.1(h) and (n) of this title (relating to General Provisions) and the 
requirements of each of the following requirements must be satisfied in order to 
be eligible for funding under this fund: 
 
  (1) (No change.) 
   
  (2) the condition addressed in the application must have directly resulted in 
a human fatality within the jurisdiction of the applicant, or must have directly 
resulted in illness or injury within the jurisdiction of the applicant as 
documented by the Texas Department of Health, or poses an imminent threat to 
human life or health as documented by the Texas Department of Health or Texas 
<nl>Natural Resource Conservation<ol> [Water] Commission; 
   
  (3)-(5) (No change.) 
 
       
  sec.9.7. Texas Capital Fund. 
 
  (a) General Provisions. This fund covers projects which will result in either 
an increase in new, permanent employment within a community or retention of 
existing permanent employment. Under the small business incubator program or the 
main street improvements program, projects may also qualify if they meet the 
national program objective of aiding in the prevention or elimination of slum or 
blighted areas. 
 
  (1)-(6) (No change.) 
   
  (7) No assistance will be provided for projects intended to facilitate the 
relocation of industrial or commercial plants or facilities from one unit of 
general local government within Texas to another unit of general local 
government within Texas unless <nl>a 10% net gain of jobs will occur and <ol> 
one or more of the following requirements has been met prior to submitting an 
application for consideration under this section: 
 
  (A) Business to relocate with approval of current locality. Local government 
must provide (in the application) written documentation verifying the chief 
elected official (mayor or judge) of the unit of local government from which the 
business is relocating supports and approves the relocation proposal. <nl>A 
written agreement between the two local governments involved in the business 
relocation is preferred. 
   
  (B)-(C) (No change.) 
     
  (8)-(14) (No change.) 
     
  (b) Overview. This fund is distributed to eligible units of general local 
government for eligible activities in the following program areas: 
 
  (1) The loan program. The loan program provides financing for activities such 
as machinery and equipment, working capital, the purchase of land and 
depreciable property, new construction, [and] rehabilitation of commercial or 
industrial facilities  <nl>and infrastructure improvements on private 
property<ol>. 
   
  (2) The infrastructure program. The public infrastructure program provides 
funds for eligible activities such as the construction or improvement of 
water/wastewater facilities, public roads, natural gas-line services, electric-
power services, and railroad spurs<nl>, except that funding will not be provided 
for infrastructure improvements on private property<ol>. 
   
  (3)-(6) (No change.) 
     
  (c) (No change.) 
   
  (d) Selection procedures. The department has entered into an interagency 
cooperation contract with the Texas Department of Commerce by which the Texas 
Department of Commerce performs marketing and underwriting services for this 
fund. Applications under this section are reviewed by <nl>Texas Department of 
Commerce staff, with input from department staff, except for the main street 
program applications, which are reviewed and scored by a committee composed of 
Texas Department of Commerce and department staff. The Texas Department of 
Commerce executive director makes recommendations to the department executive 
director for final award. <ol> [the Texas Capital Fund Advisory Committee after 
they have been evaluated by staff of the Texas Department of Commerce. The 
Advisory Committee is appointed by the executive director of the Texas 
Department of Commerce and the Community Development Block Grant division 
director of the department. The Texas Department of Commerce and the department 
have equal representation on the Advisory Committee. The Texas Capital Fund 
Advisory Committee and staff make recommendations to the department's executive 
director for final award.] The application and selection procedures consist of 
the following steps: 
 
  (1) Prior to submitting a formal application, each potential applicant must 
submit a complete pre-application to the [Office of Business Finance Services,] 
Business Development Division of the Texas Department of Commerce. 
   
  (2) Upon receipt of a pre-application containing financial information on the 
business or incubator sponsor or main street city to be considered for funding, 
the staff of the Texas Department of Commerce performs an initial review to 
determine whether the pre-application is complete, whether the activities 
proposed are eligible for funding and for compliance with threshold 
requirements. In those instances where the staff of the Texas Department of 
Commerce determines that the pre-application is incomplete, or the activities 
are ineligible for funding, or does not meet threshold requirements, the pre-
application is returned for the applicant to complete or is cited as ineligible. 
<nl>Texas Department of Commerce staff notify the department when a pre-
application is deemed ineligible before the applicant is notified.<ol> [For the 
main street improvements program, an incomplete or ineligible pre-application is 
returned to the applicant and the applicant is disqualified from participation 
in that program. Additional information is not accepted from a main street 
improvements program applicant after the pre-application deadline.] The staff at 
the Texas Department of Commerce then conducts a review of each complete pre-
application to make threshold determinations with respect to: 
 
  (A)-(E) (No change.) 
     
  (3) If the Texas Department of Commerce or the department invite a formal 
application, the staff of the Texas Department of Commerce is required to 
discuss the project and program rules with the mayor or judge, as applicable, or 
his designee, and one company official. A formal application may only be 
submitted if the Texas Department of Commerce or the department authorizes such 
in writing. If an authorization to submit a formal application is granted, a 
formal application must be submitted within  <nl>30 business<ol> [45] days of 
the authorization. 
   
  (4) A copy of a complete application must be provided to the appropriate 
regional review committee. Each regional review committee may, at its option, 
review and comment on an economic development proposal from a jurisdiction 
within its state planning region. These comments become part of the application 
file and are considered by the department provided such comments are received by 
the department prior to <nl>formal<ol> application review by  <nl>Texas 
Department of Commerce staff.<ol> [the Advisory Committee. ] 
   
  (5) Applications are evaluated for compliance with threshold requirements or 
scored based on the selection criteria established for the Texas capital fund 
program. 
 
  (A) For the loan, infrastructure and real estate development programs, the 
staff of the Texas Department of Commerce generates scores on selection criteria 
related to leverage ratio, cost per job, minority hiring, and project 
feasibility. Scores on factors in these categories are derived from information 
provided by the applicant. An infrastructure, loan, or real estate development 
program applicant must receive at least 60 points out of a possible 100 points 
to be considered for funding. [An applicant that receives at least 60 points on 
such criteria may be invited to send a representative to make a presentation to 
the Texas Capital Fund Advisory Committee.] 
   
  (B) (No change.) 
   
  (C) For the main street improvements program, the staff of the Texas 
Department of Commerce <nl>and the department<ol> score pre-applications based 
on selection criteria related to <nl>project feasibility,<ol> leverage ratio and 
minority hiring. [The Texas Capital Fund Advisory Committee scores pre-
applications based on selection criteria related to project feasibility.] The 
Texas Historical Commission <nl>also<ol> scores pre-applications based on 
selection criteria related to project feasibility using its scores to place the 
applicants in rank order from highest to lowest scores. The five projects ranked 
highest by the Texas Historical Commission receive additional points.  <nl>Final 
scores are reviewed by the department and Texas Department of Commerce staff 
committee.<ol> Scores on factors in these categories are derived from 
information provided by the applicant. Formal applications are then requested 
from the two highest scoring applicants. 
     
  (6) The staff of the Texas Department of Commerce  <nl>and the department<ol> 
[in conjunction with department staff] may conduct a site visit of the proposed 
project. Site visits to the two highest scoring main street improvements 
applicants may include a verification of information submitted in the pre-
application. 
   
  (7) If a project is determined not to be feasible by <nl>Texas Department of 
Commerce staff,<ol> [the Advisory Committee,] the department notifies the 
applicant of its decision, including the basis for denial. 
   
  (8) The <nl>the executive director of the Texas Department of Commerce 
makes<ol> [Texas Capital Fund Advisory Committee and staff make] recommendations 
to the department's executive director for final award. 
   
  (9) (No change.) 
   
  (10) The staff of the Texas Department of Commerce <nl> and the department 
work<ol> [in conjunction with department staff works] with the recipients to 
execute contract agreements. While the contract award must be based on the 
information provided in the pre-application and the formal application, the 
department may negotiate any element of the final contract agreement with the 
recipient. A main street improvements program contract amount cannot increase 
and the level of benefits described in the pre-application and formal 
application cannot decrease. 
     
  (e) Selection criteria for the loan, infrastructure and real estate 
development programs. The following is an outline of the selection criteria used 
for selection of projects under the loan, infrastructure, and real estate 
development programs. One hundred points are available. The terms and criteria 
used in this subsection are further defined in the pre-application guidelines 
for these programs. 
 
  (1) Project feasibility (total-30 points). The feasibility of each project is 
evaluated and scored based on the financial soundness of the project. Factors 
examined include firm commitments for financial investments and the jobs to be 
created or retained; the history of the business; the current financial 
condition of the business, including a full review of the credit analysis; cash 
flow projections; the business or marketing plan, including letters of intent to 
purchase products or services; and management experience of the business's 
principals. A project located in a designated <nl>state<ol> enterprise zone<nl>, 
federal empowerment zone, or federal enterprise community<ol> receives special 
consideration. 
   
  (2) Minority hiring (total-20 points). Percentage of minorities presently 
employed by the applicant divided by the percentage of minority residents within 
the local community (20 points). In the event <nl>10% or less<ol> [less than 
5.0%] of the applicant's population base is composed of minority residents, 
<nl>the applicant has seven or fewer non-seasonal full-time<ol> [or the 
applicant has less than five permanent] employees,  <nl>or 5.0% or more of the 
applicant's population base is living in group quarters or institutions,<ol> the 
applicant is assigned the average score on this factor for all applicants for 
the previous program year or the score calculated on the actual figures, 
whichever is higher.  <nl>The terms used in this paragraph are defined in the 
current application guide. 
   
  (3) Leverage ratio (total-30 points). Points are awarded by dividing the total 
other funds committed by the amount of Texas capital funds requested less 
administration, in accordance with the following scale: 
 
  (A) <nl>1.25:1 (125%)<ol> [1.0:1 (100%)]-10 points 
   
  (B)-(E) (No change.) 
     
  (4) Cost per job (total-20 points). Points are awarded by dividing the amount 
of Texas capital funds requested by the number of full-time job equivalents to 
be created or retained, in accordance with the following scale: 
 
  (A) <nl>$8,000 or less <ol> [At or below 10,000] -20 points; 
   
  (B) <nl>$13,000 to $8,001 <ol> [At or below 15,000] -15 points; 
   
  (C) <nl>$18,000 to $13,001 <ol> [At or below 20,000] -10 points; 
   
  (D) <nl>$22,000 to $18,001 <ol> [At or below 25,000] -5 points; 
       
  (f)-(h) (No change.) 
   
  (i) Additional criteria for the small business incubator program. 
 
  (1) (No change.) 
   
  (2) An incubator project located in a <nl>state <ol> designated enterprise 
zone <nl>, federal empowerment zone, or federal enterprise community <ol> 
receives special consideration. 
     
  (j) (No change.) 
   
  (k) Enterprise zone designation. A small and minority businesses loan program 
project that is located in a designated <nl>state<ol> enterprise zone <nl>, 
federal empowerment zone, or federal enterprise community <ol> receives priority 
consideration. 
   
  (l) Selection criteria for the main street improvements program. The following 
is an outline of the selection criteria used for selection of projects under the 
main street improvements program. The terms and criteria used in this subsection 
are further defined in the pre-application guidelines for this program. 
 
  (1) (No change.) 
   
  (2) Project feasibility (total-50 points). Factors examined by the Texas 
capital fund <nl>staff<ol> [Advisory Committee] include Texas Historical 
Commission Main Street designation and demonstrated successful experience in the 
program; firm commitments for financial contributions; the jobs to be created or 
retained; the community's long-term commitment to historic preservation and 
commercial revitalization; a full review of the marketing strategy and funding 
for continued main street efforts; existing business ownership and available 
space pre-lease commitments; demonstrated proof of community support; 
demonstrated linkages with related downtown small businesses; and evidence of 
strong management experience of the main street manager. 
 
  (A) Projects that address the primary benefit to low and moderate income 
persons through job creation/retention receive highest priority, regardless of 
the national program objective selected. Projects that leverage additional 
dollars and demonstrate firm financial commitments also receive priority. 
Applicants that have demonstrated successful experience in the Texas Historical 
Commission's Main Street Program and that submit projects addressing the needs 
of mobility impaired individuals are given additional consideration. Applicants 
that have demonstrated a long term commitment to historic preservation, 
continued main street efforts, and have a low first floor building vacancy rate 
in the impacted project area are also given additional consideration. A main 
street improvements program project that is located in a designated 
<nl>state<ol> enterprise zone <nl>, federal empowerment zone, or federal 
enterprise community <ol> receives priority consideration. 
     
  (3) Leverage ratio (total-30 points). Points are awarded by dividing all other 
funds committed to the project, exclusive of Texas capital funds, by the amount 
of Texas capital funds requested, less administration, according to the 
following <nl>scales<ol> [scale]: 
 
  <nl>(A) Applicant with population less than 5,000 persons: 
 
  <nl>(i)<nl> 0.50: 1 (50%)-15 points; 
   
  <nl>(ii)<nl> 1.00: 1 (100%)-20 points; 
   
  <nl>(iii)<nl> 1.50: 1 (150%)-25 points; 
   
  <nl>(iv)<nl> 2.00: 1 (200%)-30 points. 
     
  <nl>(B) Applicant with population equal to or more than 5,000 persons: 
 
  <nl>(i)<nl> 1.50: 1 (150%)-15 points; 
   
  <nl>(ii)<nl> 2.00: 1 (200%)-20 points; 
   
  <nl>(iii)<nl> 2.50: 1 (250%)-25 points; 
   
  <nl>(iv)<nl> 3.00: 1 (300%)-30 points. 
     
  [(A) 1.5: 1 (150%)-15 points; 
   
  [(B) 2.0: 1 (200%)-20 points; 
   
  [(C) 2.5: 1 (250%)-25 points; 
   
  [(D) 3.0: 1 (300%)-30 points.] 
     
  (4) Minority hiring (total-10 points). Percentage of minorities presently 
employed by the applicant divided by the percentage of minority residents within 
the local community (10 points). In the event <nl>10% or less<ol> [less than 
5.0%] of the applicant's population base is composed of minority residents, 
<nl>the applicant has seven or fewer non-seasonal full-time<ol> [or the 
applicant has less than five permanent] employees,  <nl>or 5.0% or more of the 
applicant's population base is living in group quarters or institutions,<ol> the 
applicant is assigned the average score on this factor for all applicants for 
the previous program year or the score based on the actual figures, whichever is 
higher.  <nl>The terms used in this paragraph are defined in the current 
application guide. 
   
  (5) (No change.) 
 
       
  sec.9.9. Colonia Fund. 
 
  (a)-(b) (No change.) 
   
  (c) Types of applications. Eligible applicants may submit one application for 
the colonia construction fund[, the colonia demonstration fund, ] and the 
colonia planning fund. Eligible planning activities cannot be included in an 
application for the colonia construction fund [or the colonia demonstration 
fund]. <nl>The highest ranked applicants that submitted 1993 program year 
colonia demonstration fund applications, but did not receive 1993 program year 
contract awards after the completion of the 1993 program year colonia 
demonstration fund competition, will be considered for funding from 1994 program 
year colonia funds. The department will not accept any new colonia demonstration 
fund applications during the 1994 and 1995 program years. 
   
  (d) Funding cycle. This fund <nl>is<ol> [will be] allocated on <nl>a 
biennial<ol> [an annual] basis to eligible county applicants <nl>for the 1994 
and 1995 program years pursuant to a competition held during the 1994 program 
year.<ol> [on a competitive basis.] Applications for funding <nl>from the 1994 
and 1995 program year allocations<ol> must be received by the department by 5:00 
p.m. on the dates specified in the most recent application guide for each se 
parate colonia fund category. 
   
  (e) Selection procedures. 
 
  (1) On or before the application deadline, each eligible county may submit one 
application for the colonia construction fund[, the colonia demonstration fund,] 
and the colonia planning fund. Copies of the application must be provided to the 
applicant's regional planning commission and the department. 
   
  (2) Upon receipt of an application, the department staff performs an initial 
review to determine whether the application is complete and whether all proposed 
activities are eligible for funding. [Department staff make site visits to each 
of the applicants for the colonia demonstration fund.] The results of this 
initial review are provided to the applicant. If not subject to 
disqualification, the applicant may correct any deficiencies identified within 
ten calendar days of the date of the staff's notification. 
   
  (3) (No change.) 
   
  (4) The department then scores the colonia construction fund and colonia 
planning fund applications to determine rankings. [The department scores the 
colonia demonstration fund applications after each applicant has been give the 
opportunity to make an oral presentation to department staff.] Scores on the 
selection factors are derived from standardized data from the Census Bureau, 
other federal or state sources, and from information provided by the applicant. 
   
  (5) Following a final technical review, the department staff makes <nl>1994 
program year <ol> funding recommendations to the executive director of the 
department. 
   
  (6) The executive director of the department reviews the final recommendations 
for <nl>1994 program year<ol> project awards and announces the contract awards. 
   
  (7) Upon announcement of <nl>1994 program year<ol> contract awards, the 
department staff works with recipients to execute the contract agreements. While 
the award must be based on the information provided in the application, the 
department may negotiate any element of the contract with the recipient as long 
as the contract amount is not increased and the level of benefits described in 
the application is not decreased. The level of benefits may be negotiated only 
when the project is partially funded. 
   
  <nl>(8) When the 1995 program year Texas Community Development Program 
allocation becomes available, the executive director of the department reviews 
the 1995 program year funding recommendations and announces the contract awards. 
   
  <nl>(9) Upon announcement of 1995 program year contract awards, the department 
staff works with recipients to execute the contract agreements. While the award 
must be based on the information provided in the application, the department may 
negotiate any element of the contract with the recipient as long as the contract 
amount is not increased and the level of benefits described in the application 
is not decreased. The level of benefits may be negotiated only when the project 
is partially funded. 
     
  (f) Selection criteria (colonia construction fund). The following is an 
outline of the selection criteria used by the department for scoring colonia 
construction fund applications. Three hundred fifty points are available. 
 
  (1)-(2) (No change.) 
   
  (3) Percentage of minorities presently employed by the applicant divided by 
the percentage of minority residents within the <nl>county<ol> [local community] 
(total-25 points). In the event <nl>10% or less <ol> [less than 5.0%] of the 
applicant's population base is composed of minority residents, <nl>the applicant 
has seven or fewer non-seasonal full-time<ol> [or the applicant has less than 
five full-time permanent] employees, <nl>or 5. 0% or more of the applicant's 
population base is living in group quarters or institutions,<ol> the applicant 
<nl>is<ol> [will be] assigned the average score on this factor for all 
applicants, or the score calculated on its actual figures, whichever is higher. 
The terms used in this paragraph are defined in the current application guide. 
   
  (4)-(5) (No change.) 
     
  (g) Selection criteria (colonia planning fund). The following is an outline of 
the selection criteria used by the department for scoring applications for 
eligible planning activities under this fund. Three hundred fifty points are 
available. 
 
  (1)-(2) (No change.) 
   
  (3) Percentage of minorities presently employed by the applicant divided by 
the percentage of minority residents within the <nl>county<ol> [local community] 
(total-25 points). In the event <nl>10% or less <ol> [less than 5.0%] of the 
applicant's population base is composed of minority residents, <nl>the applicant 
has seven or fewer non-seasonal full-time<ol> [or the applicant has less than 
five full-time permanent] employees, <nl>or 5. 0% or more of the applicant's 
population base is living in group quarters or institutions,<ol> the applicant 
<nl>is<ol> [will be] assigned the average score on this factor for all 
applicants, or the score calculated on its actual figures, whichever is higher. 
The terms used in this paragraph are defined in the current application guide. 
   
  (4) (No change.) 
     
  (h) Selection criteria (colonia demonstration fund). The following is an 
outline of the selection criteria used by the department for scoring <nl>1993 
program year<ol> colonia demonstration fund applications. <nl>The department 
will not accept any new colonia demonstration fund applications during the 1994 
and 1995 program years.<ol> Four hundred seventy-five points are available. 
 
  (1)-(6) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 29, 1994. 
 TRD-9447310 
  Henry Flores 
 Executive Director 
 Texas Department of Housing and Community Affairs 
    Earliest possible date of adoption: October 7, 1994 
 For further information, please call: (512) 475-3948 
         
                     
  TITLE 16. ECONOMIC REGULATION 
 Part I. Railroad Commission of Texas 
  Chapter 3. Oil and Gas Division 
  
  Conservation Rules and Regulations 
 
  16 TAC sec.3.66 
 
  The Railroad Commission of Texas proposes for publication an amendment to 
sec.3.66, implementing Senate Bill 966, which concerns spill and leak reports 
provided to the commission by common carrier pipelines. The proposed amendment 
establishes a procedure by which residents and owners of land can be notified of 
pipeline spills or leaks and eliminates a duplicative reporting requirement. 
 The previously published proposed amendment to Statewide Rule 71 has been 
withdrawn and additional changes have been made. The changes in the proposed 
amendment define landowner and resident and require registration by landowners 
and residents with the commission every five years. 
 Adoption of the proposed amendment will improve the dissemination of 
information to the public concerning spills or leaks occurring from pipelines 
crossing their property. 
 Rita E. Percival, systems analyst for the Oil and Gas Division, has determined 
that for the first five-year period the proposed rule amendment will be in 
effect, there will be no fiscal implications as a result of enforcing or 
administering it. There will be no fiscal implications for local government. 
There will be no cost of compliance with the proposed rule amendment for small 
businesses as a result of enforcing or administering it. 
 Barbara Epstein, hearings examiner, Legal Division, has determined that for 
each year of the first five years the rule is in effect, the public will benefit 
from more efficient and effective dissemination of information regarding common 
carrier pipeline spill and leak reports presently required to be filed with the 
commission. 
 Comments on the proposal may be submitted to Barbara Epstein, Legal Division-
Oil and Gas Section, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 
78711-2967. Comments will be accepted by the commission 30 days after 
publication in the Texas Register. 
 The amendment is proposed pursuant to the Texas Natural Resources Code, 
sec.111.139, which provides the Railroad Commission with the authority to 
require common carriers to provide spill and leak reports to residents and 
owners of lands crossed by common carrier pipelines. 
 The following is the code that is affected by this rule: Texas Natural 
Resources Code, sec.111.139. 
 
 
  sec.3.66. Pipeline Tariffs. <ol> Every person owning, operating, or managing 
any pipeline, or any part of any pipeline, for the gathering, receiving, 
loading, transporting, storing, or delivering of crude petroleum as a common 
carrier shall be subject to and governed by the following provisions. Common 
carriers specified in this section shall be referred to as "pipelines," and the 
owners or shippers of crude petroleum by pipelines shall be referred to as 
"shippers." 
 
  (1)-(18) (No change.) 
   
  (19) Reports of loss from fires, lightning, and leakage. 
 
  (A)-(B)  (No change.) 
   
  <nl>(C) Common carrier pipelines shall mail (return receipt requested) or hand 
deliver to landowners (persons who have legal title to the property in question) 
and residents (persons whose mailing address is the property in question) of 
land upon which a spill or leak has occurred, all spill or leak reports required 
by the commission for that particular spill or leak within 30 days of filing the 
required reports with the commission. Registration with the commission by 
landowners and residents for the purpose of receiving spill or leak reports 
shall be required every five years, with renewal registration starting January 
1, 1999. If a landowner or resident is not registered with the commission, the 
common carrier is not required to furnish such reports to the resident or 
landowner. 
     
  (20)-(22) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 29, 1994. 
 TRD-9447368 
  Mary Ross McDonald 
 Assistant Director, Legal Division, Gas Utilities/LP Gas 
 Railroad Commission of Texas 
    Earliest possible date of adoption: October 7, 1994 
 For further information, please call: (512) 463-7994 
         
               Chapter 5. Transportation Division 
  
  Subchapter P. Commercial Zones 
 
  16 TAC sec.5.617 
 
  The Railroad Commission of Texas proposes an amendment to sec.5.617, 
concerning safety equipment. The amendment is proposed pursuant to Missouri 
Pacific Railroad Company vs. Railroad Commission of Texas, 833 F2d 570 (5th Cir. 
1987), which held that the rule's requirement that first aid kits and fire 
extinguishers be maintained on a locomotive is preempted by federal law. 
 Jackye Greenlee, assistant director-central operations, Transportation/Gas 
Utilities Division, has determined that for the first five year period the 
proposed section will be in effect, there will be no fiscal implications for 
state or local government as a result of enforcing the section. 
 Carrie L. McLarty, hearings examiner, Legal Division, has determined that for 
each year of the first five years the amendment is in effect the public benefit 
anticipated as a result of administering the section will be to eliminate 
portions of the rule which have been held partially invalid, making the railroad 
rules easier for the public and the railroads to follow and apply. There will be 
no effect on small businesses as a result of enforcing the section. There is no 
anticipated economic cost to persons who are required to comply with the 
section. 
 Comments may be submitted to Carrie L. McLarty, Hearings Examiner, Legal 
Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-
2967. Comments will be accepted for 30 days following publication in the Texas 
Register. 
 The amendment is proposed pursuant to Texas Civil Statutes, Article 6448a, 
which authorize the commission to adopt regulations to ensure railroad safety. 
 The following is the statute affected by this rule: Texas Civil Statutes, 
Article 6448a. 
 
 
  sec.5.617. Safety Equipment. <ol> Each railroad corporation shall provide and 
maintain a first aid kit and an operable fire extinguisher in a plainly 
designated, accessible location on each of its cabooses [and locomotives]. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 29, 1994. 
 TRD-9447367 
  Mary Ross McDonald 
 Assistant Director, Legal Division, Gas Utilities/LP Gas 
 Railroad Commission of Texas 
    Earliest possible date of adoption: October 7, 1994 
 For further information, please call: (512) 463-7994 
         
             Chapter 15. Alternative Fuels Research and Education Division 
  
  The Railroad Commission of Texas proposes new sec.sec.15.201-15.245, relating 
to the establishment and administration of a one-year pilot media rebate program 
for propane (liquefied petroleum gas; LPG) retailers. Participation in the 
program is voluntary, and media rebate payments are made entirely at the 
discretion of the commission. No person has a legal entitlement or other right 
to a rebate under this program. 
 Proposed new sec.15.201 states the purpose of the program, and proposed new 
sec.15.205 defines terms used in the rule. Proposed new sec.15.210 establishes 
the media rebate program for a period of one year unless the commission changes 
the termination date. Eligibility requirements, application procedures and 
conditions for receipt of rebates are described in proposed new sec. s15. 215-
15.220. Proposed new sec.sec.15.225-15.230 authorize the commission to set the 
percentage and maximum amount of the rebate; define the eligible media outlets; 
and prescribe verification procedures and the basis on which any rebate will be 
calculated. Conditions under which a propane dealer may be suspended or declared 
ineligible to participate in the media rebate program are set out in proposed 
new sec.15.235. Procedures for the receipt and handling of complaints and 
penalties for violation of rebate program rules are set out in proposed new 
sec.sec.15.240-15.245. 
 The commission views the proposed media rebate program as an innovative tool 
for encouraging propane dealers to use advertising in furtherance of the 
commission's statutory charges to increase public awareness and assist in 
marketing of environmentally beneficial alternative fuels. For this reason, the 
commission wants to implement this program as quickly as possible, while 
ensuring adequate opportunity to receive ideas, information, and suggestions 
about the media rebate program from a wide array of interested persons. 
 The commission has set the amount available for rebates under the proposed 
program at $225,000. The commission has also set the minimum advertising 
purchase that is eligible for a rebate at $200 and the maximum total rebate 
amount available to each participating propane dealer during the one-year pilot 
program at an amount equal to $300 times the number of retail propane delivery 
trucks operated by the dealer and registered with the commission. 
 Dan Kelly, director, alternative fuels research and education division, has 
determined that the estimated cost to state government will be not more than 
$225,000 from the Alternative Fuels Research and Education Fund for the one year 
that the new section is in effect, plus the cost of commission employees' time 
spent in preparation, administration and enforcement of the program. Therefore, 
the actual cost will depend on the degree of acceptance of the program by 
participating propane retailers. There will be no fiscal implications for state 
government thereafter, since the program will expire after one year unless 
reauthorized by the commission through an amendment to this rule. Mr. Kelly has 
determined that there will be no fiscal implications for local governments as a 
result of enforcing or administering the section. 
 Mr. Kelly also has determined that for the first year the section is in effect 
the public benefits anticipated as a result will be increased public awareness 
and understanding of propane as an environmentally beneficial alternative fuel. 
 There will be fiscal implications for certain small businesses that choose to 
participate in the voluntary program. Participating propane dealers will be 
required to process applications and meet other administrative requirements. The 
extent to which the cost of performing these services will be offset by 
increased propane sales and cost-recovery practices will vary from business to 
business and cannot be determined in advance. 
 There is no anticipated economic cost to persons who would be required to 
comply with the section as proposed, since participation is voluntary. 
 Comments on the proposal may be submitted to Dan Kelly, Director, Alternative 
Fuels Research and Education Division, Railroad Commission of Texas, P.O. Box 
12967, Austin, Texas 78711-2967. Comments will be accepted for 30 days after 
publication in the Texas Register. 
   
  Media Rebate Program 
 
  16 TAC sec.sec.15.201, 15.205, 15.210, 15.215, 15.220, 15.225, 15. 230, 
15.235, 15.240, 15.245 
 
  The new sections are proposed under Texas Natural Resources Code, sec.113. 
241, which authorizes the commission to adopt rules relating to educating the 
public regarding the use of LPG and other environmentally beneficial alternative 
fuels that are or have the potential to be effective in improving the quality of 
air in this state; Texas Natural Resources Code, sec.113.243(c) (2), which 
authorizes the commission to implement marketing and advertising programs 
relating to alternative fuels to make alternative fuels more understandable and 
readily available to consumers; and Texas Natural Resources Code, 
sec.113.243(c)(6), which authorizes the commission to use money in the 
Alternative Fuels Research and Education Fund to implement programs necessary to 
promote the use of LPG or other environmentally beneficial alternative fuels. 
Texas Natural Resources Code sec.sec.113.248, 113.249, and 113.250, prescribe 
civil and criminal penalties and establish an enforcement mechanism for 
violations of the Texas Natural Resources Code or commission rules. 
 The following is the statute, article, or code affected by the proposed new 
section: Texas Natural Resources Code, sec. s113.243(c)(2), 113.243(c)(6), 113. 
248, 113.249, and 113.250. 
 
 
  sec.15.201. Purpose.  The purpose of sec.sec.15.201-15.245 of this chapter 
(relating to the Alternative Fuels Research and Education Division) is to 
establish for Texas retail propane dealers a media rebate program that achieves 
increased public awareness and assists in the marketing of propane as an 
environmentally beneficial alternative fuel. These sections outline the 
commission's mechanisms for determining the eligibility of applicants, 
application requirements, administrative procedures, rebate amounts and 
adjustments, terms of compliance, penalties for violations, and program 
termination. 
 
   
  sec.15.205. Definitions.  The following words and terms, when used in this 
section, shall have the following meanings, unless the context clearly indicates 
otherwise. 
   
   Applicant-A propane dealer who has submitted a complete and timely 
application. 
   
   Application-That set of forms prescribed by the commission for the purpose of 
applying for and participating in the media rebate program as a propane dealer, 
including all required supporting documentation. 
   
   Commission-The Railroad Commission of Texas. 
   
   Commission advertising -Advertising produced by the division, including, but 
not limited to, print advertisements, written radio copy or fully produced radio 
or television commercials. 
   
   Delivery date-The date of postmark of a mailed application or the date that a 
hand-delivered application is stamped in at the Austin offices of the division. 
   
   Division-The Alternative Fuels Research and Education Division of the 
Railroad Commission of Texas. 
   
   Eligible media outlet-A radio or television station or cable franchise 
licensed by the Federal Communications Commission; a weekly or daily published 
newspaper; a weekly, monthly or bi-monthly magazine; or an annual or seasonal 
special events program that regularly accepts paid advertising, including, but 
not limited to, souvenir programs for sporting events, musical or theatrical 
productions. The term does not include dealer-published newsletters, fliers or 
specialty advertising. 
   
   Eligible media purchase- Any payment for advertising displayed or broadcast 
in or on eligible media. 
   
   Person-An individual, sole proprietorship, partnership, corporation or other 
legal entity. 
   
   Program year-The one-year period beginning on August 22, 1994, and ending on 
August 21, 1995. 
   
   Propane-Liquefied petroleum gas (LPG), as that term is defined in Texas 
Natural Resources Code, Chapter 113. 
   
   Propane dealer -A person who: 
 
  (A) has been issued a current Category E license from the LP-Gas Division of 
the commission, or is an active company representative or operations supervisor 
on file with the LP-Gas Division; and 
   
  (B) operates or manages a retail business, including any branch outlet or 
outlets, delivering odorized propane to consumers; and 
   
  (C) has completed and submitted the form prescribed by the commission for 
dealer participation in the media rebate program. 
     
   Retail propane delivery truck-Any bobtail truck, semitrailer, or other motor 
vehicle equipped with an LP-gas cargo container and each trailer, semitrailer, 
or other motor vehicle used principally for transporting LP-gas in portable 
containers that: 
 
  (A) has aggregate water capacity of 4,999 gallons or less; and 
   
  (B) is currently registered with the LP-Gas Division of the Commission. 
 
     
  sec.15.210. Establishment; Duration. <ol> The media rebate program is hereby 
established on the effective date of sec.sec.15.201-15.245 of this chapter 
(relating to the Alternative Fuels Research and Education Division). The 
commission may terminate this rebate program at any time. The program shall 
terminate on August 22, 1995, unless the commission amends this subsection to 
continue it in effect past that date. 
 
   
  sec.15.215. Eligibility. 
 
  (a) To be eligible for a rebate under this program, a propane dealer must 
document, using forms prescribed by the commission for the purpose, that an 
eligible media purchase has been made from an eligible media outlet. 
   
  (b) No more than one rebate may be paid for each eligible media purchase. 
   
  (c) The commission may limit the total percentage and amount of rebates that 
may be paid to any applicant. 
 
     
  sec.15.220. Application. 
 
  (a) Forms. Application for a rebate shall be made by a propane dealer on forms 
prescribed for that purpose by the commission. 
   
  (b) Payment. The commission may approve payment of a rebate to an applicant 
subject to the availability of funds. Applicants have no legal right or other 
entitlement to receive rebates under this program, and receipt of a complete and 
correct application does not bind the commission to approve or make payment of a 
rebate to any applicant. 
   
  (c) Priority. Applications shall be considered on a first-come, first-served 
basis according to the dates of receipt of complete and correct applications. 
   
  (d)  Acceptance. Applications will be accepted no earlier than the effective 
date of this rule and no later than the date of termination of the program. An 
application must be received at the commission no later than 60 days following 
the date of the eligible media purchase to be eligible for rebates. Applications 
may be mailed or hand-delivered to the Railroad Commission of Texas, Alternative 
Fuels Research and Education Division, 1701 North Congress Avenue, Room 10-115, 
P.O. Box 12967, Austin, Texas 78711-2967. Applications may not be submitted 
electronically or by facsimile transmission (FAX). 
   
  (e) Media purchase date. Applications must pertain to eligible media purchases 
made no earlier than August 22, 1994, and no later than the program termination 
date. 
   
  (f) Completeness. Applicants must furnish completely and correctly all 
information required on the official media rebate application. No application 
may be considered complete until all required information is correct and all 
forms and required supporting documentation are received by the division. 
   
  (g) Incomplete applications. Applicants have 30 days from the date the 
division sends notice to correct any errors or omissions on the application. If 
a complete, correct application is not received in the division within 30 days 
after notice has been sent, the application shall be void. 
 
     
  sec.15.225. Rebate Percentage and Amount. 
 
  (a) The commission shall establish the media rebate percentage and amount. The 
commission may change this percentage and amount at any time. If the commission 
changes the rebate percentage and amount, an applicant whose application is 
approved may receive the percentage and amount that are in effect for the 
eligible media purchase at the time of approval of the application. 
   
  (b) In setting the percentage and amount of the rebate, the commission may 
consider any or all of the following: 
 
  (1) availability of funds; 
   
  (2) the effectiveness of the program in increasing propane use; 
   
  (3) dealer participation; 
   
  (4) administrative cost; and 
   
  (5) increased public awareness of energy-conservation, energy-efficiency, or 
air-quality benefits. 
 
       
  sec.15.230. Verification; Basis of Rebate Calculation. 
 
  (a) A rebate amount shall be calculated on the basis of an eligible media 
outlet's published rate card or rate schedule in effect at the time of the media 
purchase, unless a lower rate was available for comparable purchases at that 
time. If a lower rate for comparable purchases was available, the rebate amount 
shall be calculated based on that lower rate. 
   
  (b) The division may conduct spot checks to verify rate cards or rate 
schedules of eligible media outlets. 
 
     
  sec.1.235. Compliance. 
 
  (a) An applicant may be suspended from or declared ineligible to participate 
in the rebate program if, in the judgment of the division director, the 
applicant has submitted false information or otherwise violated media rebate 
program rules. 
   
  (b)  Within 30 days after the division director mails a notice of suspension 
or ineligibility to an applicant, the applicant may appeal the suspension or 
declaration of ineligibility in writing to the commission. Actions taken by the 
commission with respect to such appeals are final. 
 
     
  sec.15.240. Complaints.  Any person may file a complaint about a media outlet, 
a propane dealer or another person regarding alleged violations of the rebate 
program rules. Complaints should be sent in writing to the division director at 
the address set forth in sec.15.220 of this chapter (relating to application). 
 
   
  sec.15.245. Penalties.  <ol>Violations of media rebate program rules are 
subject to civil and criminal prosecution and penalties prescribed under the 
Texas Natural Resources Code, sec.sec.113.248, 113.249, and 113.250. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1994. 
 TRD-9447369 
  Mary Ross McDonald 
 Assistant Director, Legal Division, Gas Utilities/LP Gas 
 Railroad Commission of Texas 
    Earliest possible date of adoption: October 7, 1994 
 For further information, please call: (512) 463-7008 
         
                 
  TITLE 22. EXAMINING BOARDS 
 Part XX. Texas Board of Private Investigators and Private Security Agencies 
  Chapter 455. Fees 
  
  22 TAC sec.455.1 
 
  The Texas Board of Private Investigators and Private Security Agencies 
proposes an amendment to sec.455.1, concerning Fees. The Board has determined 
that the amendment of this section is necessary in order to meet the increasing 
costs of criminal history background checks and to comply with the provisions of 
Chapter 428 of the Acts of the 73rd Legislature which requires that state 
agencies adopt rules that specify the amount charged for copies of public 
records. 
 Clema D. Sanders has determined that for the first five-year period the 
sections are in effect there will be no fiscal implications for state or local 
government as a result of enforcing or administering the sections. 
 Effect on small businesses: Minimal. This rule is promulgated under the 
authority of Texas Civil Statutes, Article 4413 (29bb), sec.11(a)(3). 
 Ms. Sanders also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be cost recovery for the State. The anticipated economic cost to 
persons who are required comply with the rule as proposed will be none. 
 Comments on the proposal may be submitted to Clema D. Sanders, Texas Board of 
Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, 
Texas 78711. 
 The amendment is proposed under Texas Civil Statutes, Article 4413(29bb), 
sec.11(a)(3), which provide the Texas Board of Private Investigators and Private 
Security Agencies with the authority "to promulgate all rules and regulations 
necessary in carrying out the provisions of this Act. " 
 The following is the statute that is affected by this rule: Texas Civil 
Statutes, Article 4413(29bb), sec.17. 
 
 
  sec.455.1. Fees. The Board has established the following fees for the 
administration of the Act: 
 
  (1)-(22) (No change.) 
   
  (23) Resubmission of fingerprints $<nl>15 <ol> [12.50]; 
   
  <nl>(24) Charges for public records shall be charged at the rate established 
by the General Services Commission. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1994. 
 TRD-9447358 
  Clema D. Sanders 
 Executive Director 
 Texas Board of Private Investigators and Private Security Agencies 
    Earliest possible date of adoption: October 7, 1994 
 For further information, please call: (512) 463-5545 
         
                 
  TITLE 25. HEALTH SERVICES 
 Part I. Texas Department of Health 
  Chapter 38. Chronically Ill and Disabled Children's Services Program 
  
  25 TAC sec.38.6 
 
  (Editor's Note: The Texas Department of Health proposes for permanent adoption 
the amendment it adopts on an emergency basis in this issue. The text of the 
amendment is in the Emergency Rules section of this issue.) 
   
  The Texas Department of Health (department) proposes an amendment to sec.38.6, 
concerning providers in the Chronically Ill and Disabled Children's Services 
(CIDC) Program. The amendment will allow the commissioner of health to reimburse 
an out-of-state provider when a CIDC provider (a Texas physician), the CIDC 
program, and the patient, parent or guardian have determined that an out of 
state provider is the provider of choice, that the service cannot be obtained in 
Texas, and that obtaining the service out of state is cost effective to the CIDC 
Program. The amendment requires that the treatment must be accepted medical 
practice, not an experimental procedure. Travel costs will be negotiated, with 
approval based on the overall cost effectiveness of the out of state treatment. 
 The amendment is proposed for the following reasons. Although infrequently, a 
medical or surgical procedure is sometimes available out of state, but not 
currently in Texas, which could significantly improve the quality of life for a 
CIDC-eligible child and also could reduce CIDC expenditures. The CIDC Program 
has projected budget shortfalls for fiscal years 1995 through 1997. Currently 
sec.38.6 restricts payment to Texas physicians only. Reimbursement for 
transportation, meals, and lodging is restricted to in-state travel. This 
amendment is adopted on an emergency basis in this issue of the Texas Register 
under emergency rules. 
 Anthony D. Lane, Chief of Staff, Health Care Delivery Associateship, has 
determined that for the first five years the section will be in effect, the 
state may realize a cost savings in the CIDC program of up to $54,200 annually. 
For the first five-year period the amended section is in effect, there will be 
no fiscal implications for local government. 
 Mr. Lane also has determined that for each year of the first five years the 
proposed amendment is in effect, the public benefit anticipated include cost 
savings in the CIDC program and an enhanced quality of life for CIDC-eligible 
children. There is no anticipated economic cost to small businesses or to 
persons who will be required to comply with the section as proposed. There will 
be no effect on local employment. 
 Oral and written comments on the proposed amendment may be submitted to Susan 
C. Penfield, M.D., Director, Children's Health Services, Texas Department of 
Health, 1100 West 49th Street, Austin, Texas 78756; (512) 458-7355. Public 
comments will be accepted for 30 days after the publication of the section in 
the Texas Register. 
 The amendment is proposed under Health and Safety Code,  s35.004, which 
authorizes the Texas Board of Health (board) to adopt rules concerning the 
selection of providers in the CIDC program; and under Health and Safety Code, 
sec.12.001, which authorizes the board to adopt rules for the performance of 
every duty imposed by law on the board, the department, and on the commissioner 
of health. 
 The amendment will affect Health and Safety Code, Chapter 35. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 29, 1994. 
 TRD-9447298 
  Susan K. Steeg 
 General Counsel 
 Texas Department of Health 
    Proposed date of adoption: October 28, 1994 
 For further information, please call: (512) 458-7355 
         
         Chapter 39. Primary Health Care Services Program 
  
  Primary Health Care Services 
 
  25 TAC sec.sec.39.6, 39.8, 39.10, 39.22 
 
  The Texas Department of Health (department) proposes amendments to 
sec.sec.39.6, 39.8, 39.10, and 39.22, concerning the Primary Health Care 
Services Program. The proposed amendments cover eligibility, co-payment for 
services, and location of the program within the department. The proposed 
amendments will increase the upper income level for program eligibility from 
150% to 200% of the federal poverty guidelines and allow the program to retain 
the option to charge a co-payment on a sliding fee scale basis. 
 The proposed amendments are necessary to standardize the poverty income level 
for program eligibility across related programs and funding sources, to 
authorize charging co-payments for services received, and to reflect accurately 
the program's organizational location within the department. 
 Mr. John Dombroski, Director of Programs and Contracts, Bureau of Community 
Oriented Primary Care, has determined that for the first five-year period the 
proposed amendments are in effect, there will be no fiscal implications for 
state or local government. 
 Mr. Dombroski also has determined that for each of the first five years the 
amendments are in effect, the public benefit anticipated is increased access to 
preventive and primary health care services for a larger number of uninsured 
Texas citizens. No additional cost to small or large businesses to comply with 
the proposed amendments is anticipated, nor is any effect on local employment 
anticipated. 
 Written comments on the proposed amendments may be submitted to Demetria 
Montgomery, M.D., Chief, Bureau of Community Oriented Primary Care, Texas 
Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-
7771. Comments will be accepted for 30 days following the date of publication of 
this proposal in the Texas Register. 
 The amendments are proposed under Health and Safety Code, sec.31.003(d), which 
requires the Texas Board of Health (board) to adopt rules to establish classes 
of individuals eligible for services; and under sec.12.001, which provides the 
board with the authority to adopt rules for the performance of every duty 
imposed by law upon the board, the department, and the commissioner of health. 
 The amended sections will affect Health and Safety Code, Chapter 31. 
 
 
  sec.39.6. Matching Share. <ol> Information regarding matching share, if any, 
may be found in the request for proposal, which the department has prepared and 
adopts by reference. Copies are indexed and filed in the office of the 
Associateship of <nl>Health Care Delivery<ol> [Community and Rural Health], 
Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, and are 
available for public inspection during regular working hours. 
 
   
  sec.39.8. Determination of Eligibility. 
 
  (a)-(h) (No change.) 
   
  (i) Income guidelines are based on percentages of the current Federal Poverty 
Income Guidelines and may be adjusted by the department with the consent of the 
commissioner to meet budgeting limitations. For purposes of determining 
eligibility for the program, <nl>200%<ol> [150%] or below of the Federal Poverty 
Income Guidelines will be followed. 
   
  (j)-(t) (No change.) 
 
     
  sec.39.10. Co-payment for Primary Health Care Services. 
 
  (a) <nl>Eligible individuals may be charged a co-pay on a sliding fee basis as 
determined by the provider and in accordance with program and contract 
provisions.<ol> [It is the intent of this program that all eligible individuals 
receiving services shall participate in the payment for primary health care 
services as rendered and according to the following income guidelines. 
 
  [(1) Eligible individuals whose annual gross family income is below 100% of 
the Federal Poverty Income Guidelines may be charged a nominal fee for services 
rendered in accordance with their income and approved by the department in the 
contracting process. 
   
  [(2) Eligible individuals whose annual gross family income is between 100% and 
150% of the Federal Poverty Income Guidelines will be charged a co-payment on a 
sliding fee basis as determined by the provider and in accordance with the 
contract provisions.] 
     
  (b) Notwithstanding the provisions of subsection (a) [(1) and (2)] of this 
section, an eligible individual may not be denied services because of inability 
to pay. 
   
  (c) (No change.) 
   
  (d) Individuals whose family incomes exceed <nl>200% <ol> [150%] of the 
Federal Poverty Income Guidelines will not be eligible for the primary health 
care services provided by the program. 
 
     
  sec.39.22. Federal Poverty Income Guidelines. The department adopts by 
reference the Federal Poverty Income Guidelines set out in these sections. A 
copy of the guidelines is indexed and filed at the Associateship of  <nl>Health 
Care Delivery<ol> [Community and Rural Health], Texas Department of Health, 1100 
West 49th Street, Austin, Texas 78756, and is available for public inspection 
during regular working hours. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 29, 1994. 
 TRD-9447320 
  Susan K. Steeg 
 General Counsel 
 Texas Department of Health 
    Earliest possible date of adoption: October 28, 1994 
 For further information, please call: (512) 458-7771 
         
             Chapter 49. Oral Health Improvement Services Program 
  
  The Texas Department of Health (department) proposes the repeal of sec.49. 16 
and new sec.49.16, concerning the Oral Health Services Advisory Committee. The 
proposed new section covers applicable law, purpose, tasks, abolishment, terms 
of office, officers, meetings, attendance, staff, procedures, subcommittees, 
statements by members, reports to the board, reimbursement of members' expenses, 
and the section's effective date. 
 In accordance with Texas Civil Statutes, Article 6252-33, the department must 
evaluate each of its advisory committees to determine whether the committee 
should be continued, modified, consolidated with other committees, or abolished. 
The present advisory committee, the Dental Technical Advisory Committee, is 
authorized by Health and Safety Code, sec.43.015. Upon review by the department, 
the committee's name and structure have been revised to create a better balance 
between consumer and nonconsumer representatives, and to balance gender, 
minority representation, and regional representation. 
 G. M. Nana Lopez, D.D.S., M.P.H., Chief, Bureau of Dental Health Services, has 
determined that for the first five-year period the section will be in effect, 
there will be no fiscal implications for state or local government as a result 
of administering the section as proposed. 
 Dr. Lopez also has determined that for each of the first five years the section 
is in effect, the public benefits anticipated are the department's continued 
compliance with Texas Civil Statutes, Article 6252-33, concerning state agency 
advisory committees, and the department's continued access to the committee's 
advice concerning the dental health program's operation and delivery of 
services. There are no anticipated economic costs to small or large businesses 
or persons who are required to comply with the section as proposed, and no 
effect on local employment is anticipated. 
 Written comments on the proposed addition my be submitted to N. L. King, Chief 
of Staff Services, Bureau of Dental Health Services, Texas Department of Health, 
1100 West 49th Street, Austin, Texas 78756-3199. Telephone inquires also may be 
made to N. L. King, at (512) 458-7323. Comments will be accepted for 30 days 
following the date of publication of this proposal in the Texas Register. 
   
  Oral Health Improvement Services Program 
 
  25 TAC sec.49.16 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of Health or in the Texas Register office, Room 245, James Earl Rudder Building, 
1019 Brazos Street, Austin.) 
   
  The repeal is proposed under the Health and Safety Code,  s43.015, which 
provides the board with the authority to appoint an advisory committee, under 
Texas Civil Statutes, Article 6252-33, which sets standards for the evaluation 
of advisory committees by the agencies for which they function; and sec.12.001 
of the Health and Safety Code which provides the board with authority to adopt 
rules for the performance of every duty imposed by law upon the board, the 
department, and the commissioner of health. 
 The repeal will affect the Health and Safety Code, Chapter 43. 
 
 
  sec.49.16. Technical Advisory Committee. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 29, 1994. 
 TRD-9447323 
  Susan K. Steeg 
 General Counsel 
 Texas Department of Health 
    Earliest possible date of adoption: October 28, 1994 
 For further information, please call: (512) 458-7323 
         
       
  The new section is proposed under the Health and Safety Code, sec.43. 015, 
which authorizes the board to appoint an advisory committee, under Texas Civil 
Statutes, Article 6252-33, which sets standards for the evaluation of advisory 
committees by the agencies for which they function, and under Health and Safety 
Code; sec.12.001, which provides the board with authority to adopt rules for the 
performance of every duty imposed by law upon the board, the department, and the 
commissioner of health. 
 The new section will affect the Health and Safety Code, Chapter 43. 
 
 
  sec.49.16. Oral Health Services Advisory Committee. 
 
  (a) The committee. An advisory committee shall be appointed under and governed 
by this section. 
 
  (1) The name of the committee shall be Oral Health Services Advisory 
Committee. 
   
  (2) The Health and Safety Code, sec.43.015, allows the Texas Board of Health 
(board) to establish the committee. 
     
  (b) Applicable law. The committee is subject to Texas Civil Statutes, Article 
6252-33, relating to state agency advisory committees. 
   
  (c) Purpose. The purpose of the committee is to provide advice to the board on 
matters relating to operation of the state dental program and the EPSDT dental 
program, and to assist those programs and others in the department that require 
professional dental expertise. 
   
  (d) Tasks. 
 
  (1) The committee shall advise the board concerning rules relating to 
operation of the state dental program and the EPSDT dental program. 
   
  (2) The committee shall perform the following duties: 
 
  (A) act as a liaison between the department and the Medical Care Advisory 
Committee (MCAC) of the Health and Human Services Commission, and provide 
professional advisory and dental expertise to the MCAC as needed; 
   
  (B) act as a liaison between the dental profession of Texas and the state and 
EPSDT dental programs; 
   
  (C) increase participation in the state and EPSDT dental programs among Texas 
dentists; 
   
  (D) advise/recommend items for improving the operation of the state and EPSDT 
dental programs; 
   
  (E) review and make recommendations based on results of utilization reviews; 
and 
   
  (F) provide advocacy representation for consumers of dental health services in 
Texas. 
     
  (3) The committee shall carry out any other tasks given to the committee by 
the board. 
     
  (e) Committee abolished. The committee shall be automatically abolished on 
December 31, 1999. 
   
  (f) Composition. The committee shall be composed of 16 members. 
 
  (1) The committee shall be composed of eight consumer representatives and 
eight nonconsumer representatives. 
   
  (2) The members of the committee shall be appointed by the board. 
     
  (g) Terms of office. The term of office of each member shall be six years. 
 
  (1) Members shall be appointed for staggered terms so that the terms of a 
substantially equivalent number of consumer and nonconsumer members will expire 
on December 31 of each even-numbered year, beginning in 1996. 
   
  (2) If a vacancy occurs, a person shall be appointed to serve the unexpired 
portion of that term. 
     
  (h) Officers. The committee shall elect a presiding officer and an assistant 
presiding officer at its first meeting after August 31st of each year. 
 
  (1) Each officer shall serve until the next regular election of officers. 
   
  (2) The presiding officer shall preside at all committee meetings at which he 
or she is in attendance, call meetings in accordance with this section, appoint 
subcommittees of the committee as necessary, and cause proper reports to be made 
to the board. The presiding officer may serve as an ex-officio member of any 
subcommittee of the committee. 
   
  (3) The assistant presiding officer shall perform the duties of the presiding 
officer in case of the absence or disability of the presiding officer. In case 
the office of presiding officer becomes vacant, the assistant presiding officer 
will serve until a successor is elected to complete the unexpired portion of the 
term of the office of presiding officer. 
   
  (4) A vacancy which occurs in the offices of presiding officer or assistant 
presiding officer may be filled at the next committee meeting. 
   
  (5) A member shall serve no more than two consecutive terms as presiding 
officer and/or assistant presiding officer. 
   
  (6) The committee may reference its officers by other terms, such as 
chairperson and vice-chairperson. 
     
  (i) Meetings. The committee shall meet only as necessary to conduct committee 
business. 
 
  (1) A meeting may be called by agreement of department staff and either the 
presiding officer or at least three members of the committee. 
   
  (2) Meeting arrangements shall be made by department staff. Department staff 
shall contact committee members to determine availability for a meeting date and 
place. 
   
  (3) Each meeting of the committee shall be announced and conducted in 
accordance with the Open Meetings Act, Texas Government Code, Chapter 551. 
   
  (4) Each member of the committee shall be informed of a committee meeting at 
least five working days before the meeting. 
   
  (5) A simple majority of the members of the committee shall constitute a 
quorum for the purpose of transacting official business. 
   
  (6) The committee is authorized to transact official business only when in a 
legally constituted meeting with a quorum present. 
   
  (7) The agenda for each committee meeting shall include an opportunity for any 
person to address the committee on matters relating to committee business. The 
presiding officer may establish procedures for such public comment, including a 
time limit on each comment. 
     
  (j) Attendance. Members shall attend committee meetings as scheduled. Members 
shall attend meetings of subcommittees to which the members are assigned. 
 
  (1) A member shall notify the presiding officer or appropriate department 
staff if he or she is unable to attend a scheduled meeting. 
   
  (2) It is grounds for removal from the committee if a member cannot discharge 
the member's duties for a substantial part of the term for which the member is 
appointed because of illness or disability, is absent from more than half of the 
committee and subcommittee meetings during a calendar year, or is absent from at 
least three consecutive committee meetings. 
   
  (3) The validity of an action of the committee is not affected by the fact 
that it is taken when a ground for removal of a member exists. 
   
  (4) The attendance records of the members shall be reported to the board. The 
report shall include attendance at committee and subcommittee meetings. 
     
  (k) Staff. Staff support for the committee shall be provided by the 
department. 
   
  (l) Procedures. Roberts Rules of Order, Newly Revised, shall be the basis of 
parliamentary decisions except where otherwise provided by law or rule. 
 
  (1) Any action taken by the committee must be approved by a majority vote of 
the members present once a quorum is established. 
   
  (2) Each member shall have one vote. 
   
  (3) A member may not authorize another individual to represent the member by 
proxy. 
   
  (4) The committee shall make decisions in the discharge of its duties without 
discrimination based on any person's race, creed, sex, religion, national 
origin, age, physical condition, or economic status. 
   
  (5) Minutes of each committee meeting shall be taken by department staff. 
 
  (A) A draft of the minutes approved by the presiding officer shall be provided 
to the board and each member of the committee within 30 days of each meeting. 
   
  (B) After approval by the committee, the minutes shall be signed by the 
presiding officer. 
       
  (m) Subcommittees. The committee may establish subcommittees as necessary to 
assist the committee in carrying out its duties. 
 
  (1) The presiding officer shall appoint members of the committee to serve on 
subcommittees and to act as subcommittee chairpersons. The presiding officer may 
also appoint nonmembers of the committee to serve on subcommittees. 
   
  (2) Subcommittees shall meet when called by the subcommittee chairperson or 
when so directed by the committee. 
   
  (3) A subcommittee chairperson shall make regular reports to the advisory 
committee at each committee meeting or in interim written reports as needed. The 
reports shall include an executive summary or minutes of each subcommittee 
meeting. 
     
  (n) Statement by members. The board, the department, and the committee shall 
not be bound in any way by any statement or action on the part of any committee 
member except when a statement or action is in pursuit of specific instructions 
from the board, department, or committee. 
   
  (o) Reports to board. The committee shall file an annual written report with 
the board. 
 
  (1) The report shall list the meeting dates of the committee and any 
subcommittees, the attendance records of its members, a brief description of 
actions taken by the committee, a description of how the committee has 
accomplished the tasks given to the committee by the board, the status of any 
rules which were recommended by the committee to the board, anticipated 
activities of the committee for the next year, and any amendments to this 
section requested by the committee. 
   
  (2) The report shall identify the costs related to the committee's existence, 
including the cost of agency staff time spent in support of the committee's 
activities. 
   
  (3) The report shall cover the meetings and activities in the immediately 
preceding 12 months and shall be filed with the board each January. It shall be 
signed by the presiding officer and appropriate department staff. 
     
  (p) Reimbursement for expenses. In accordance with the requirements set forth 
in Texas Civil Statutes, Article 6252-33, a committee member may receive 
reimbursement for the member's expenses incurred for each day the member engages 
in official committee business. 
 
  (1) No compensatory per diem shall be paid to committee members unless 
required by law. 
   
  (2) A committee member who is an employee of a state agency, other than the 
department, may not receive reimbursement for expenses from the department. 
   
  (3) A nonmember of the committee who is appointed to serve on a subcommittee 
may not receive reimbursement for expenses from the department. 
   
  (4) Each member who is to be reimbursed for expenses shall submit to staff the 
member's receipts for expenses and any required official forms no later than 14 
days after each committee meeting. 
   
  (5) Requests for reimbursement of expenses shall be made on official state 
travel vouchers prepared by department staff. 
     
  (q) Effective date. This section shall become effective on January 1, 1995. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 29, 1994. 
 TRD-9447324 
  Susan K. Steeg 
 General Counsel 
 Texas Department of Health 
    Earliest possible date of adoption: October 28, 1994 
 For further information, please call: (512) 458-7323 
         
               Chapter 61. Chronic Diseases 
  
  Kidney Health Care Program [Benefits] 
 
  25 TAC sec.61.15 
 
  The Texas Department of Health (department) proposes new  s61.15, concerning 
the Kidney Health Care Advisory Committee. The proposed new section covers 
applicable law, purpose, tasks, abolishment, terms of office, officers, 
meetings, attendance, staff, procedures, subcommittees, statements by members, 
reports to the board, reimbursement of members' expenses, and the section's 
effective date. 
 In accordance with Texas Civil Statutes (TCS), Article 6252-33, the department 
must evaluate each of its advisory committees to determine whether the committee 
should be continued, modified, consolidated with other committees, or abolished. 
The present advisory committee, the Kidney Health Care Advisory Committee, was 
established in 1973. Upon review by the department, rules and by-laws have been 
prepared for adoption by the board. 
 Manuel Zapata, Director, Kidney Health Care Division, Health Care Financing 
Associateship, has determined that for the first five-year period the section 
will be in effect, there will be no fiscal implications for state or local 
government as a result of administering the section as proposed. 
 Mr. Zapata also has determined that for each of the first five years the 
section is in effect, the public benefits anticipated are the department's 
continued access to the committee's advice concerning the Kidney Health Care 
Division's operation and delivery of services. There are no anticipated economic 
costs to small or large businesses or persons who are required to comply with 
the section as proposed, and no effect on local employment is anticipated. 
 Written comments on the proposed addition may be submitted to Manuel Zapata, 
Director, Kidney Health Care Division, Texas Department of Health, 1100 West 
49th Street, Austin, Texas 78756-3184. Telephone inquiries also may be made to 
Manuel Zapata at (512) 458-7796. Comments will be accepted for 30 days following 
the date of publication of this proposal in the Texas Register. 
 The new section is proposed under Texas Civil Statutes, Article 6252-33, which 
sets standards for the evaluation of advisory committees by the agencies for 
which they function, and under the Health and Safety Code, sec.12.001, which 
provides the board with authority to adopt rules for the performance of every 
duty imposed by law upon the board, the department, and the commissioner of 
health. 
 The new section will affect Health and Safety Code, Chapter 42. 
 
 
  sec.61.15. Kidney Health Care Advisory Committee. 
 
  (a) The committee. An advisory committee shall be appointed under and governed 
by this section. 
 
  (1) The name of the committee shall be the Kidney Health Care Advisory 
Committee. 
   
  (2) The Texas Health and Safety Code, sec.11. 016, allows the Texas Board of 
Health to establish the committee. 
     
  (b)  Applicable law. The committee is subject to Texas Civil Statutes, Article 
6252-33, relating to state agency advisory committees. 
   
  (c) Purpose. The purpose of the committee is to provide advice to the board in 
the area of end-stage renal disease and to provide advice on current state-of-
the-art treatment modalities, medication therapies, and prioritization of the 
needs of end-stage renal disease patients in Texas. 
   
  (d) Tasks. 
 
  (1)  The committee shall advise the board concerning rules relating to the 
Kidney Health Care Division. 
   
  (2) The committee shall: 
 
  (A)  make recommendations regarding benefits to be provided by the Kidney 
Health Care Division; 
   
  (B) provide advice on the coordination of departmental and kidney health care 
activities with activities of other agencies and organizations involved in end-
stage renal disease; and 
   
  (C)  secure the cooperation and active participation of agencies and 
organizations that may contribute to the effectiveness of the Kidney Health Care 
Division. 
     
  (3) The committee shall carry out any other tasks given to the committee by 
the board. 
     
  (e) Committee abolished. The committee shall be automatically abolished on 
March 31, 1999. 
   
  (f)  Composition. The committee shall be composed of nine members appointed by 
the board. The composition of the committee shall include two consumer 
representatives and seven nonconsumer representatives. 
   
  (g) Terms of office. The term of office of each member shall be six years. 
 
  (1)  Members shall be appointed for staggered terms so that the terms of three 
members will expire on December 31st of each even-numbered year. 
   
  (2)  If a vacancy occurs, a person shall be appointed to serve the unexpired 
portion of that term. 
     
  (h) Officers. The committee shall elect a presiding officer and an assistant 
presiding officer at its first meeting after August 31st of each year. 
 
  (1) Each officer shall serve until the next regular election of officers. 
   
  (2) The presiding officer shall preside at all committee meetings at which he 
or she is in attendance, call meetings in accordance with this section, appoint 
subcommittees of the committee as necessary, and cause proper reports to be made 
to the board. The presiding officer may serve as an ex-officio member of any 
subcommittee of the committee. 
   
  (3) The assistant presiding officer shall perform the duties of the presiding 
officer in case of the absence or disability of the presiding officer. In case 
the office of presiding officer becomes vacant, the assistant presiding officer 
will serve until a successor is elected to complete the unexpired portion of the 
term of the office of presiding officer. 
   
  (4) A vacancy which occurs in the offices of presiding officer or assistant 
presiding officer may be filled at the next committee meeting. 
   
  (5) A member shall serve no more than two consecutive terms as presiding 
officer and/or assistant presiding officer. 
   
  (6) The committee may reference its officers by other terms, such as 
chairperson and vice-chairperson. 
     
  (i) Meetings. The committee shall meet only as necessary to conduct committee 
business. 
 
  (1) A meeting may be called by agreement of department staff and either the 
presiding officer or at least three members of the committee. 
   
  (2) Meeting arrangements shall be made by department staff. Department staff 
shall contact committee members to determine availability for a meeting date and 
place. 
   
  (3) Each meeting of the committee shall be announced and conducted in 
accordance with the Open Meetings Act, Texas Government Code, Chapter 551. 
   
  (4) Each member of the committee shall be informed of a committee meeting at 
least five working days before the meeting. 
   
  (5) A simple majority of the members of the committee shall constitute a 
quorum for the purpose of transacting official business. 
   
  (6) The committee is authorized to transact official business only when in a 
legally constituted meeting with quorum present. 
   
  (7) The agenda for each committee meeting shall include an item entitled 
public comment under which any person will be allowed to address the committee 
on matters relating to committee business. The presiding officer may establish 
procedures for public comment, including a time limit on each comment. 
     
  (j) Attendance. Members shall attend committee meetings as scheduled. Members 
shall attend meetings of subcommittees to which the member is assigned. 
 
  (1) A member shall notify the presiding officer or appropriate department 
staff if he or she is unable to attend a scheduled meeting. 
   
  (2) It is grounds for removal from the committee if a member cannot discharge 
the member's duties for a substantial part of the term for which the member is 
appointed because of illness or disability, is absent from more than half of the 
committee and subcommittee meetings during a calendar year, or is absent from at 
least three consecutive committee meetings. 
   
  (3) The validity of an action of the committee is not affected by the fact 
that it is taken when a ground for removal of a member exists. 
   
  (4)  The attendance records of the members shall be reported to the board. The 
report shall include attendance at committee and subcommittee meetings. 
     
  (k) Staff. Staff support for the committee shall be provided by the 
department. 
   
  (l) Procedures. Roberts Rules of Order, Newly Revised, shall be the basis of 
parliamentary decisions except where otherwise provided by law or rule. 
 
  (1) Any action taken by the committee must be approved by a majority vote of 
the members present once quorum is established. 
   
  (2) Each member shall have one vote. 
   
  (3) A member may not authorize another individual to represent the member by 
proxy. 
   
  (4)  The committee shall make decisions in the discharge of its duties without 
discrimination based on any person's race, creed, sex, religion, national 
origin, age, physical condition, or economic status. 
   
  (5) Minutes of each committee meeting shall be taken by department staff. 
 
  (A) A draft of the minutes approved by the presiding officer shall be provided 
to the board and each member of the committee within 30 days of each meeting. 
   
  (B) After approval by the committee, the minutes shall be signed by the 
presiding officer. 
       
  (m) Subcommittees. The committee may establish subcommittees as necessary to 
assist the committee in carrying out its duties. 
 
  (1) The presiding officer shall appoint members of the committee to serve on 
subcommittees and to act as subcommittee chairpersons. The presiding officer may 
also appoint nonmembers of the committee to serve on subcommittees. 
   
  (2) Subcommittees shall meet when called by the subcommittee chairperson or 
when so directed by the committee. 
   
  (3) A subcommittee chairperson shall make regular reports to the advisory 
committee at each committee meeting or in interim written reports as needed. The 
reports shall include an executive summary or minutes of each subcommittee 
meeting. 
     
  (n)  Statement by members. The board, the department, and the committee shall 
not be bound in anyway by any statement or action on the part of any committee 
member except when a statement or action is in pursuit of specific instructions 
from the board, department, or committee. 
   
  (o) Reports to board. The committee shall file an annual written report with 
the board. 
 
  (1) The report shall list the meeting dates of the committee and any 
subcommittees, the attendance records of its members, a brief description of 
actions taken by the committee, a description of how the committee has 
accomplished the tasks given to the committee by the board, the status of any 
rules which were recommended by the committee to the board, anticipated 
activities of the committee for the next year, and any amendments to this 
section requested by the committee. 
   
  (2) The report shall identify the costs related to the committee's existence, 
including the cost of agency staff time spent in support of the committee's 
activities. 
   
  (3) The report shall cover the meetings and activities in the immediate 
proceedings 12 months and shall be filed with the board each September. It shall 
be signed by the presiding officer and appropriate department staff. 
     
  (p) Reimbursement for expenses. In accordance with the requirements set forth 
in Texas Civil Statutes, Article 6252-33, a committee member may receive 
reimbursement for the member's expenses incurred for each day the member engages 
in official committee business. 
 
  (1) No compensatory per diem shall be paid to committee members unless 
required by law. 
   
  (2) A committee member who is an employee of a state agency, other than the 
department, may not receive reimbursement for expenses from the department. 
   
  (3) A nonmember of the committee who is appointed to serve on a subcommittee 
may not receive reimbursement for expenses from the department. 
   
  (4) Each member who is to be reimbursed for expenses shall submit to staff the 
member's receipts for expenses and any required official forms no later than 14 
days after each committee meeting. 
   
  (5) Requests for reimbursement of expenses shall be made on official state 
travel vouchers prepared by department staff. 
     
  (q) Effective date. This section shall become effective on January 1, 1995. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 31, 1994. 
 TRD-9447402 
  Linda Kotek 
 General Counsel 
 Texas Department of Health 
    Proposed date of adoption: January 1, 1995 
 For further information, please call: (512) 458-7236 
         
               Chapter 98. HIV and STD Control 
  
  Subchapter A. Texas HIV Services Grant Program 
 
  General Provisions 
 
  25 TAC sec.98.7 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of Health or in the Texas Register office, Room 245, James Earl Rudder Building, 
1019 Brazos Street, Austin.) 
   
  The Texas Department of Health (department) proposes the repeal of sec.98. 7, 
concerning the HIV Services Advisory Committee. The section covers the 
committee's purpose, responsibilities, recommendations, membership, term of 
office, officers, subcommittees, and meetings. 
 In accordance with Texas Civil Statutes, Article 6252-33, the department must 
evaluate each of its advisory committees to determine whether the committee 
should be continued, modified, consolidated with other committees, or abolished. 
The HIV Services Advisory Committee was established in 1989. However, no quorum 
was present at three of the committee's last four meetings. Upon review, the 
department has determined that the committee no longer serves a useful purpose, 
that its functions can be more efficiently accomplished by department personnel 
and other professionals, and that it should be abolished. 
 Anita Martinez, Chief of Staff Services, Office of Associate Commissioner for 
Disease Control and Prevention, has determined that for the first five-year 
period the repeal will be in effect, there will be no fiscal implications for 
state or local government. 
 Ms. Martinez also has determined that for each of the first five years the 
repeal is in effect, the public benefits anticipated are continuing compliance 
by the department with Texas Civil Statutes, Article 6252-33, concerning state 
agency advisory committees, and more efficient and economical operation of the 
department's Bureau of HIV and STD Prevention programs. There are no anticipated 
economic costs to small or large businesses or to persons who will be affected 
by the repeal, and no effect on local employment is anticipated. 
 Written comments on the proposed repeal may be submitted to Rebecca Waak, 
Bureau of HIV and STD Prevention, Texas Department of Health, 1100 West 49th 
Street, Austin, Texas 78756. Telephone inquiries also may be made by calling 
(512) 458-7456. Comments will be accepted for 30 days following the date of 
publication of this proposal in the Texas Register. 
 The repeal is proposed under Texas Civil Statutes, Article 6252-33, which sets 
standards for the evaluation of advisory committees by the agencies for which 
they function, and under health and Safety Code, sec.12.001, which provides the 
Texas Board of Health (board) with authority to adopt rules for the performance 
of every duty imposed by law upon the board, the department, and the 
commissioner of health. 
 The repeal of sec.98.7 will affect Health and Safety Code, Chapter 85. 
 
 
  sec.98.7. HIV Services Advisory Committee. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 29, 1994. 
 TRD-9447321 
  Susan K. Steeg 
 General Counsel 
 Texas Department of Health 
    Earliest possible date of adoption: October 28, 1994 
 For further information, please call: (512) 458-7456 
         
             
  Subchapter B. HIV Education Grant Program 
 
  General Provisions 
 
  25 TAC sec.98.67 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of Health or in the Texas Register office, Room 245, James Earl Rudder Building, 
1019 Brazos Street, Austin.) 
   
  The Texas Department of Health (department) proposes repeal of sec.98.67, 
concerning operating procedures for the HIV Education, Prevention and Risk 
Reduction Advisory Committee. The section covers the committee's purpose, 
responsibilities, recommendations, membership, term of service, officers, 
subcommittees, and meetings. 
 In accordance with Texas Civil Statutes, Article 6252-33, the department must 
evaluate each of its advisory committees to determine whether the committee 
should be continued, modified, consolidated with other committees, or abolished. 
The HIV Education, Prevention, and Risk Reduction Advisory Committee was 
established in 1989. With the committee meeting only twice a year, and new 
members being appointed, a large portion of the meetings was spent orienting 
members on current program issues. Upon review, the department has determined 
that the committee no longer serves a useful purpose, that its functions can be 
more efficiently accomplished through the statewide community planning process, 
and that it should be abolished. 
 Anita Martinez, Chief of Staff Services, Office of Associate Commissioner for 
Disease Control and Prevention, has determined that for the first five-year 
period the repeal will be in effect, there will be no fiscal implications for 
state or local government. 
 Ms. Martinez also has determined that for each of the first five years the 
repeal is in effect, the public benefits anticipated are continuing compliance 
by the department with Texas Civil Statutes, Article 6252-33, concerning state 
agency advisory committees, and more efficient and economical operation of the 
department's Bureau of HIV and STD Prevention programs. There are no anticipated 
economic costs to small or large businesses or to persons who will be affected 
by the repeal, and no effect on local employment is anticipated. 
 Written comments on the proposed repeal may be submitted to Rebecca Waak, 
Bureau of HIV and STD Prevention, Texas Department of Health, 1100 West 49th 
Street, Austin, Texas 78756. Telephone inquiries also may be made by calling 
(512) 458-7456. Comments will be accepted for 30 days following the date of 
publication of this proposal in the Texas Register. 
 The repeal is proposed under Texas Civil Statutes, Article 6252-33, which sets 
standards for the evaluation of advisory committees by the agencies for which 
they function, and under the Health and Safety Code, sec.12.001, which provides 
the Texas Board of Health (board) with authority to adopt rules for the 
performance of every duty imposed by law upon the board, the department, and the 
commissioner of health. 
 The repeal of sec.98.67 will affect Health and Safety Code, Chapter 85. 
 
 
  sec.98.67. State HIV Education, Prevention, and Risk Reduction Advisory 
Committee. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 29, 1994. 
 TRD-9447322 
  Susan K. Steeg 
 General Counsel 
 Texas Department of Health 
    Earliest possible date of adoption: October 28, 1994 
 For further information, please call: (512) 458-7456 
         
       
  The Texas Department of Health (department) proposes the repeal of sec.98. 121 
and new sec.98.121, concerning the Texas HIV Medication Advisory Committee. The 
proposed new section covers applicable law, purpose, tasks, abolishment, terms 
of office, officers, meetings, attendance, staff, procedures, subcommittees, 
statements by members, reports to the board, reimbursement of members' expenses, 
and the section's effective date. 
 In accordance with Texas Civil Statutes (TCS), Article 6252-33, the department 
must evaluate each of its advisory committees to determine whether the committee 
should be continued, modified, consolidated with other committees, or abolished. 
The present advisory committee, the Texas HIV Medication Advisory Committee, was 
established in 1989. Upon review by the department, the committee's rules have 
been revised to conform with Article 6252-33, and to be consistent with rules 
for other advisory committees. 
 Anita Martinez, Chief of Staff Services, Disease Control and Prevention 
Associateship, Texas Department of Health, has determined that for the first 
five-year period the section will be in effect, there will be no fiscal 
implications for state or local government as a result of administering the 
section as proposed. 
 Ms. Martinez also has determined that for each of the first five years the 
section is in effect, the public benefits anticipated are the department's 
continuing compliance with Texas Civil Statutes, Article 6252-33, concerning 
state agency advisory committees, and the department's continuing access to the 
committee's advice. There are no anticipated economic costs to small or large 
businesses or persons who are required to comply with the section as proposed, 
and no effect on local employment is anticipated. 
 Written comments on the proposed addition may be submitted to Charles E. Bell, 
M.D., Chief, Bureau of HIV and STD Prevention, Texas Department of Health, 1100 
West 49th Street, Austin, Texas 78756. Telephone inquiries also may be made to 
Sheral Skinner at (512) 458-7357. Comments will be accepted for 30 days 
following the date of publication of this proposal in the Texas Register. 
         
  Subchapter C. Texas HIV Medication Program 
 
  25 TAC sec.98.121 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of Health or in the Texas Register office, Room 245, James Earl Rudder Building, 
1019 Brazos Street, Austin.) 
   
  The repeal is proposed under Texas Civil Statutes, Article 6252-33, which sets 
standards for the evaluation of advisory committees by the agencies for which 
they function; Health and Safety Code, sec.12.001, which provides the Texas 
Board of Health (board) with authority to adopt rules for the performance of 
every duty imposed by law upon the board, the department, and the commissioner 
of health; and under Health and Safety Code, sec.85.066 which provides the 
department with the authority to establish the Texas HIV Medication Advisory 
Committee. The repeal will affect Health and Safety Code, Chapter 85, Subchapter 
C. 
 
 
  sec.98.121. Texas HIV Medication Advisory Committee. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1994. 
 TRD-9447401 
  Linda Kotek 
 General Counsel 
 Texas Department of Health 
    Proposed date of adoption: January 1, 1995 
 For further information, please call: (512) 458-7236 
         
       
  The new section is proposed under Texas Civil Statutes, Article 6252-33, which 
sets standards for the evaluation of advisory committees by the agencies for 
which they function; the Health and Safety Code, sec.12.001, which provides the 
Texas Board of Health (board) with authority to adopt rules for the performance 
of every duty imposed by law upon the board, the department, and the 
commissioner of health; and under the Health and Safety Code, sec.85. 066, which 
provides the department with the authority to establish the Texas HIV Medication 
Advisory Committee. 
 
 
  sec.98.121. Texas HIV Medication Advisory Committee. 
 
  (a) The committee. An advisory committee shall be appointed under and governed 
by this section. 
 
  (1) The name of the committee shall be the Texas HIV Medication Advisory 
Committee (committee). 
   
  (2) Texas Health and Safety Code, sec.85.066, allows the Texas Board of Health 
(board) to establish the committee. 
     
  (b) Applicable law. The committee is subject to Texas Civil Statutes, Article 
6252-33, relating to state agency advisory committees. 
   
  (c) Purpose. The purpose of the committee is to assist the board and the Texas 
Department of Health (department) in the development of procedures and 
guidelines for the HIV Medication Program (program). 
   
  (d) Tasks. The committee shall: 
 
  (1) evaluate the existing program and unmet needs; 
   
  (2) review the goals and targets of the program; 
   
  (3)  evaluate ongoing program efforts; 
   
  (4) define both short-range and long-range goals and objectives for medication 
needs; 
   
  (5) develop criteria and standards for the HIV Medication Program; and 
   
  (6) carry out any other tasks given to the committee by the board. 
     
  (e)  Committee abolished. The committee shall be automatically abolished on 
March 1 1999. 
   
  (f) Composition. The committee shall be composed of 11 members appointed as 
follows: 
 
  (1) four physicians actively engaged in the treatment of adults with HIV 
infection; 
   
  (2) one pediatrician actively engaged in the treatment of infants and children 
with HIV infection; 
   
  (3) three persons with AIDS who must be diagnosed as having AIDS, ARC, or an 
HIV-related condition; 
   
  (4) two members representing public, nonprofit hospitals that are currently 
involved in the delivery of services to persons with HIV infection; 
   
  (5) one social worker currently working with persons with HIV infection. 
     
  (g) Terms of office. The term of office of each member shall be six years. 
 
  (1) Members shall be appointed for staggered terms so that the terms of four 
members will expire on December 31, 1996, the terms of four members will expire 
on December 31, 1998, and the terms of three members will expire on December 31, 
2000. 
   
  (2)  If a vacancy occurs, a person shall be appointed to serve the unexpired 
portion of that term. 
     
  (h) Officers. The committee shall elect a presiding officer and an assistant 
presiding officer at its first meeting after August 31st of each year. 
 
  (1) Each officer shall serve until the next regular election of officers. 
   
  (2) The presiding officer shall preside at all committee meetings at which he 
or she is in attendance, call meetings in accordance with this section, appoint 
subcommittees of the committee as necessary, and cause proper reports to be made 
to the board. The presiding officer may serve as an ex-officio member of any 
subcommittee of the committee. 
   
  (3) The assistant presiding officer shall perform the duties of the presiding 
officer in case of the absence or disability of the presiding officer. In case 
the office of presiding officer becomes vacant, the assistant presiding officer 
will serve until a successor is elected to complete the unexpired portion of the 
term of the office of presiding officer. 
   
  (4) A vacancy which occurs in the offices of presiding officer or assistant 
presiding officer may be filled at the next committee meeting. 
   
  (5) A member shall serve no more than two consecutive terms as presiding 
officer and/or assistant presiding officer. 
   
  (6) The committee may reference its officers by other terms, such as 
chairperson and vice-chairperson. 
     
  (i) Meetings. The committee shall meet only as necessary to conduct committee 
business. 
 
  (1) A meeting may be called by agreement of department staff and either the 
presiding officer or at least three members of the committee. 
   
  (2) Meeting arrangements shall be made by department staff. Department staff 
shall contact committee members to determine their availability for a meeting 
date and place. 
   
  (3) Each meeting of the committee shall be announced and conducted in 
accordance with the Open Meetings Act, Texas Government Code, Chapter 551. 
   
  (4) Each member of the committee shall be informed of a committee meeting at 
least five working days before the meeting. 
   
  (5) A simple majority of the members of the committee shall constitute a 
quorum for the purpose of transacting official business. 
   
  (6) The committee is authorized to transact official business only when in a 
legally constituted meeting with quorum present. 
   
  (7) The agenda for each committee meeting shall include an item entitled 
public comment under which any person will be allowed to address the committee 
on matters relating to committee business. The presiding officer may establish 
procedures for public comment, including a time limit on each comment. 
     
  (j) Attendance. Members shall attend committee meetings as scheduled. Members 
shall attend meetings of subcommittees to which they are assigned. 
 
  (1) A member shall notify the presiding officer or appropriate department 
staff if he or she is unable to attend a scheduled meeting. 
   
  (2) It is grounds for removal from the committee if a member cannot discharge 
the member's duties for a substantial part of the term for which the member is 
appointed because of illness or disability, is absent from more than half of the 
committee and subcommittee meetings during a calendar year, or is absent from at 
least three consecutive committee meetings. 
   
  (3) The validity of an action of the committee is not affected by the fact 
that it is taken when a ground for removal of a member exists. 
   
  (4)  The attendance records of the members shall be reported to the board. The 
report shall include attendance at committee and subcommittee meetings. 
     
  (k) Staff. Staff support for the committee shall be provided by the 
department. 
   
  (l) Procedures. Robert's Rules of Order Newly Revised, (1990) shall be the 
basis of parliamentary decisions except where otherwise provided by law or rule. 
 
  (1) Any action taken by the committee must be approved by a majority vote of 
the members present once a quorum is established. 
   
  (2) Each member shall have one vote. 
   
  (3) A member may not authorize another individual to represent the member by 
proxy. 
   
  (4) The committee shall make decisions in the discharge of its duties without 
discrimination based on any person's race, creed, sex religion, national origin, 
age, physical condition, or economic status. 
   
  (5)  Minutes of each committee meeting shall be taken by department staff. 
 
  (A) A draft of the minutes approved by the presiding officer shall be provided 
to the board and each member of the committee within 30 days of each meeting. 
   
  (B) After approval by the committee, the minutes shall be signed by the 
presiding officer. 
       
  (m) Subcommittees. The committee may establish subcommittees as necessary to 
assist the committee in carrying out its duties. 
 
  (1) The presiding officer shall appoint members of the committee to serve on 
subcommittees and to act as subcommittee chairpersons. The presiding officer may 
also appoint nonmembers of the committee to serve on subcommittees. 
   
  (2) Subcommittees shall meet when called by the subcommittee chairperson or 
when so directed by the committee. 
   
  (3) A subcommittee chairperson shall make regular reports to the advisory 
committee at each committee meeting or in interim written reports as needed. The 
reports shall include an executive summary or minutes of each subcommittee 
meeting. 
     
  (n) Statements by members. The board, the department, and the committee shall 
not be bound in any way by any statement or action on the part of any committee 
member except when a statement or action is in pursuit of specific instructions 
from the board, department, or committee. 
   
  (o)  Reports to board. The committee shall file an annual written report with 
the board. 
 
  (1) The report shall list the meeting dates of the committee and any 
subcommittees, the attendance records of its members, a brief description of 
actions taken by the committee, a description of how the committee has 
accomplished the tasks given to the committee by the board, the status of any 
rules which were recommended by the committee to the board, anticipated 
activities of the committee for the next year, and any amendments to this 
section requested by the committee. 
   
  (2) The report shall identify the costs related to the committee's existence, 
including the cost of agency staff time spent in support of the committee's 
activities. 
   
  (3)  The report shall cover the meetings and activities in the immediate 
preceding 12 months and shall be filed with the board each October. It shall be 
signed by the presiding officer and appropriate department staff. 
     
  (p)  Reimbursement for expenses. In accordance with the requirements set forth 
in Texas Civil Statutes, Article 6252-33, a committee member may receive 
reimbursement for the member's expenses incurred for each day the member engages 
in official committee business. 
 
  (1) No compensatory per diem shall be paid to committee members unless 
required by law. 
   
  (2) A committee member who is an employee of a state agency, other than the 
department, may not receive reimbursement for expenses from the department. 
   
  (3) A nonmember of the committee who is appointed to serve on a subcommittee 
may not receive reimbursement for expenses from the department. 
   
  (4) Each member who is to be reimbursed for expenses shall submit to staff the 
member's receipts for expenses and any required official forms no later than 14 
days after each committee meeting. 
   
  (5) Requests for reimbursement of expenses shall be made on official state 
travel vouchers prepared by department staff. 
     
  (q) Effective date. This section shall become effective on January 1, 1995. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1994. 
 TRD-9447403 
  Susan K. Steeg 
 General Counsel 
 Texas Department of Health 
    Proposed date of adoption: January 1, 1995 
 For further information, please call: (512) 458-7236 
         
               Chapter 122. Sedation/Anesthesia Permits for Dentists 
  
  25 TAC sec.sec.122.1-122.5 
 
  (Editor's Note: The Texas Department of Health proposes for permanent adoption 
the new sec.sec.122.1-122.5 it adopts on an emergency basis in this issue. The 
text of the new sec.sec.122.1-122.5 is in the Emergency Rules section of this 
issue.) 
   
  The Texas Department of Health (department) proposes new  ssec.122.1-122. 5 
concerning sedation/anesthesia permits for dentists. 
 The new section sets out specific permit requirements and standards of care for 
dentists utilizing nitrous oxide/oxygen inhalation conscious sedation, 
parenteral conscious sedation, parenteral deep sedation or general anesthesia on 
patients having dental/oral and maxillofacial surgical procedures. 
 James Zukowski, Ed.D., Director, Professional Licensing and Certification 
Division, has determined that for the first five-year period the sections will 
be in effect, there will be fiscal implications as a result of enforcing or 
administering the sections. The effect on state government will be estimated 
additional cost of $2,500 each year, based upon staff needed to process 
applications, temporary provisional permits and annual permits. Additional 
revenues of $2,500 per year will offset the additional costs of administering 
the sections as proposed. There will be no effect on local government. 
 Doctor Zukowski also has determined that for each year the proposed sections 
are in effect the public benefit anticipated as a result of the proposed 
sections will be protection of the public by identifying and permitting 
qualified individuals to administer sedation/anesthesia. The cost to small 
businesses is expected to be the $25 new permit issuance fee for each dentist 
administering sedation anesthesia to patients having dental/oral or 
maxillofacial surgical procedures. There will be no effect on local employment. 
The economic cost to persons required to comply with the sections as proposed is 
$25 per year. 
 Comments on the proposal should be submitted to James Zukowski, Ed.D., Texas 
Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 834-
6628. Public comments will be accepted for 30 days following the date of this 
publication of this proposal in the Texas Register. 
 These new sections are also being adopted on an emergency basis in this issue 
of the Texas Register . 
 The new sections are proposed under Texas Health and Safety Code, sec.12.001, 
which provides the Texas Board of Health with the authority to adopt rules for 
the performance of every duty imposed by law on the Texas Board of Health, Texas 
Department of Health and the commissioner of health. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 29, 1994. 
 TRD-9447319 
  Susan K. Steeg 
 General Counsel 
 Texas Department of Health 
    Earliest possible date of adoption: October 28, 1994 
 For further information, please call: (512) 834-6628 
         
         Chapter 143. Medical Radiologic Technologists 
  
  25 TAC sec.143.16 
 
  (Editor's Note: The Texas Department of Health proposes for permanent adoption 
the new section it adopts on an emergency basis in this issue. The text of the 
new section is in the Emergency Rules section of this issue.) 
   
  The Texas Department of Health (department) proposes new  s143.16, concerning 
the registration of persons performing dental radiologic procedures (x-rays). 
 The new section sets out the specific requirements for persons performing 
radiologic procedures under the supervision of a Texas licensed dentist. 
 This new section is also adopted on an emergency basis in this issue of the 
Texas Register. 
 James Zukowski, Ed.D., Director, Professional Licensing and Certification 
Division, has determined for the first five-year period the section will be in 
effect, there will be fiscal implications as a result of enforcing or 
administering the rule. The effect on state government will be an estimated 
additional cost of $2,500 each year, based upon staff needed to process 
registrations and examinations and to respond to inquiries regarding 
registration. Examination materials fees are projected to generate additional 
revenue of $1,500 per year which will offset the additional costs of 
administering the rule as proposed. There will be no effect on local government. 
 Doctor Zukowski also has determined that for each year the proposed section is 
in effect the public benefit anticipated as a result of the proposed section 
will be protection of the public from the harmful effects of excessive radiation 
used for dental purposes by establishing minimum standards for dental x-ray 
equipment operators. The cost to small businesses is expected to be $30 for each 
set of examination materials. There will be no effect on local employment. The 
economic cost to persons required to comply with the rule as proposed is $30 for 
those requiring examination. 
 Comments on the proposal should be submitted to James Zukowski, Ed.D., 
Director, Professional Licensing and Certification Division, Texas Department of 
Health, 1100 West 49th Street, Austin, Texas 78756, (512) 834-6628. Public 
comments will be accepted for 30 days following the date of this publication of 
this proposal in the Texas Register. 
 The new section is proposed under Texas Civil Statutes, Article 4512m, sec.2. 
05(e), which provide the Texas Board of Health with the authority to adopt rules 
necessary to implement the Medical Radiologic Technologist Certification Act; 
and under the Texas Health and Safety Code, sec.12.001, which provides the Texas 
Board of Health with the authority to adopt rules for the performance of every 
duty imposed by law on the Texas Board of Health, Texas Department of Health and 
the commissioner of health. 
 The new section implements the Health and Safety Code,  s12.001. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 29, 1994. 
 TRD-9447300 
  Susan K. Steeg 
 General Counsel 
 Texas Department of Health 
    Proposed date of adoption: October 28, 1994 
 For further information, please call: (512) 834-6628 
         
             
  TITLE 30. ENVIRONMENTAL QUALITY 
 Part I. Texas Natural Resource Conservation Commission 
  Chapter 330. Municipal Solid Waste 
  
  Subchapter A. General Information 
 
  30 TAC sec.330.4 
 
  The Texas Natural Resource Conservation Commission (TNRCC) proposes an 
amendment to sec.330.4, concerning municipal solid waste management. The amended 
section will apply to the municipal solid waste rules which were published in 
the June 18, 1993, issue of the Texas Register (18 TexReg 4030). 
 Section 330.4 relating to permit requirement is proposed to be amended by 
adding new subsection (p) clarifying the existing policy that drying grit trap 
waste at a car wash does not require a permit or registration. 
 Stephen Minick, Division of Budget and Planning, has determined that for the 
first five years the section as proposed is in effect, there will be no 
significant fiscal implications to state or local governments as a result of 
enforcement or administration of the section. Small businesses will benefit 
generally from any cost savings that may be due to the clarification that 
permits or registrations are not required for drying of grit trap wastes at car 
wash facilities under the provisions of the section as proposed. 
 Mr. Minick also has determined that the public benefit anticipated as a result 
of enforcement of and compliance with the section will be the more efficient use 
of the Commission's resources in the regulation of solid waste management 
activities and improvements in the management and control of certain solid 
waste. There are no other anticipated costs to persons required to comply with 
the section as proposed. 
 Comments on the proposal may be submitted to C. Wayne Lee, P.E., Rule Writer, 
Waste Policy Division, Texas Natural Resource Conservation Commission, P.O. Box 
13087, Austin, Texas, 78711-3087. Comments will be accepted for a period of 30 
days following the date of this publication. 
 The amendment is proposed under the authority of the Texas Water Code (Vernon 
1992), 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 
this state. Additionally, they are promulgated pursuant to  s361.024 of the 
Texas Solid Waste Disposal Act, (the Act), Texas Health and Safety Code Ann., 
Vernon 1992), which provide the Texas Natural Resource Conservation Commission 
with the authority to regulate municipal solid waste and adopt rules as 
necessary to regulate the operation, management and control of solid waste under 
its jurisdiction. 
 There are no other statutes and/or codes which are affected by the amended 
section. 
 
 
  sec.330.4. Permit Required. 
 
  (a)-(o) (No change.) 
   
  <nl>(p) A permit or registration is not required for the drying of grit trap 
waste at a car wash facility as long as these wastes are disposed of in 
compliance with applicable federal, state, and local regulations. Drying 
facilities must comply with Chapter 116 of this title (relating to Air Quality) 
if applicable. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1994. 
 TRD-9447334 
  Mary Ruth Holder 
 Director, Legal Division 
 Texas Natural Resource Conservation Commission 
    Earliest possible date of adoption: October 7, 1994 
 For further information, please call: (512) 239-6087 
         
                   
  TITLE 37. PUBLIC SAFETY AND CORRECTIONS 
 Part XIII. Texas Commission on Fire Protection 
  Chapter 423. Fire Suppression 
  
  Subchapter C. Minimum Standards for Marine Fire Protection Personnel 
 
  37 TAC sec.423.301 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Commission 
on Fire Protection or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.) 
   
  The Texas Commission on Fire Protection proposes the repeal of sec.423.301, 
concerning minimum standards for marine fire protection personnel certification. 
The repealed section is replaced by new sections that establish requirements for 
marine fire protection personnel certification in a format consistent with other 
disciplines including completion of an approved marine fire protection personnel 
curriculum adopted in accordance with Chapter 443 of this title and completion 
of an examination requirement. In addition, the new sections more clearly 
delineate the class of persons for whom certification is required by limiting 
the requirements to fire fighters who work aboard a fire boat with a minimum 
pumping capacity of 2,000 gallons per minute. The new sections also include 
guidelines for the evaluation of military and out-of-state training for marine 
fire protection personnel consistent with similar guidelines for structure fire 
fighters. The repeal has an effective date of January 1, 1995. 
 K. R. Ethridge, Standards Compliance Director, has determined that for the 
first five-year period the new sections replacing the repealed section are in 
effect there will be fiscal implications for state government as a result of 
enforcing or administering the repeal. The commission will experience an 
increase in examination administration expenses that will be offset by a 
corresponding increase in examination fee revenue. Local governmental entities 
will experience an increase in examination costs for individuals seeking 
original certification as marine fire protection personnel ranging from $15 to 
$130 per person depending on whether the examination is given locally or in 
Austin, and increase in training costs of $600 to $1,000 per person depending on 
the source of training and whether the employee previously held structure 
certification. Some local governmental entities may realize a reduction in cost 
of training for new marine fire protection employees who have already received 
equivalent training in another jurisdiction. 
 Mr. Ethridge also has determined that for each year of the first five years the 
repeal is in effect, the public benefit anticipated as a result of enforcing the 
sections replacing the repealed section will be that certification requirements 
(including an examination to determine competency) for marine fire protection 
personnel will be consistent with other fire suppression disciplines, while at 
the same time changes to marine standards identified by marine fire protection 
personnel are addressed. In addition, potential applicants for certification 
from other jurisdictions will have specific guidelines by which the commission 
staff will determine equivalency and local fire departments can eliminate 
duplication of training costs. 
 There will be no additional economic costs of compliance for small or large 
businesses required to comply with the new sections replacing the repealed 
section. An individual whose employer does not pay training costs and 
examination fees can expect to incur the same economic costs of compliance 
outlined herein above for local governmental entities. 
 Comments on the proposal may be submitted to Jim Fiero, Chairman, Fire 
Protection Personnel Advisory Committee, P.O. Box 2286, Austin, Texas 78768-
2286. 
 The repeal is proposed under the Texas Government Code,  s419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
for the administration of its powers and duties; and the Texas Government Code, 
sec.419.022, which provides the commission with authority to establish minimum 
training standards for fire protection personnel in advanced or specialized fire 
protection personnel positions. 
 Texas Government Code, sec.410.022 is affected by the proposed repeal. 
 
 
  sec.423.301. Minimum Standards for Marine Fire Protection Personnel. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1994. 
 TRD-9447391 
  Jack Woods 
 General Counsel 
 Texas Commission on Fire Protection 
    Earliest possible date of adoption: October 7, 1994 
 For further information, please call: (512) 918-7184 
         
         
  37 TAC sec.sec.423.301, 423.303, 423.305, 423.307, 423. 309 
 
  The Texas Commission on Fire Protection proposes new sec. s423.301, 423.303, 
423.305, 423.307, and 423.309, concerning minimum standards for marine fire 
protection personnel certification. The new sections establish requirements for 
marine fire protection personnel certification in a format consistent with other 
disciplines including completion of an approved marine fire protection personnel 
curriculum approval in accordance with Chapter 443 of this title and completion 
of an examination requirement. The new curriculum reduces the number of hours 
for marine fire protection training from 285 hours to 90 hours by eliminating 
subjects covered in the basic fire suppression curriculum required for structure 
certification. The new standard for basic marine certification therefore 
requires eligibility for structure certification as a prerequisite. In addition, 
the new sections more clearly delineates the class of persons for whom 
certification is required by limiting the requirements to fire fighters who work 
aboard a fire boat with a minimum pumping capacity of 2, 000 gallons per minute. 
The new sections also includes guidelines for the evaluation of military and 
out-of-state training for marine fire protection personnel consistent with 
similar guidelines for structure fire fighters. Finally, the new sections 
include provisions for higher levels of marine certification with requirements 
consistent with other disciplines. The new sections has an effective date of 
January 1, 1995. 
 K. R. Ethridge, Standards Compliance Director, has determined that for the 
first five-year period the new sections are in effect there will be fiscal 
implications for state government as a result of enforcing or administering the 
sections. The commission will experience an increase in examination 
administration expenses that will be offset by a corresponding increase in 
examination fee revenue. Local governmental entities will experience an increase 
in examination costs for individuals seeking original certification as marine 
fire protection personnel ranging from $15 to $130 per person depending on 
whether the examination is given locally or in Austin, and increase in training 
costs of $600 to $1,200 per person depending on the source of training and 
whether the employee previously held structure certification. Some local 
governmental entities may realize a reduction in cost of training for new marine 
fire protection employees who have already received training required for 
structural fire protection personnel certification or equivalent training in 
another jurisdiction. 
 Mr. Ethridge also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be that certification requirements (including an examination 
to determine competency) for marine fire protection personnel will be consistent 
with other fire suppression disciplines, while at the same time changes to 
marine standards identified by marine fire protection personnel are addressed. 
In addition, potential applicants for certification from other jurisdictions 
will have specific guidelines by which the commission staff will determine 
equivalency. Finally, local fire departments can eliminate duplication of 
training costs for employees who have previously received training required for 
structural fire protection personnel certification. 
 There will be no additional economic costs of compliance for small or large 
businesses required to comply with the new sections. An individual whose 
employer does not pay training costs and examination fees can expect to incur 
the same economic costs of compliance outlined herein above for local 
governmental entities. In addition, individuals seeking voluntary higher levels 
of marine certification may incur $20 to $60 in additional certification fees 
and $50 to $2,000 in training costs depending on the source of training. 
 Comments on the proposal may be submitted to: Jim Fiero, Chairman, Fire 
Protection Personnel Advisory Committee, P.O. Box 2286, Austin, Texas 78768-
2286. 
 The new sections are proposed under the Texas Government Code, sec.419.008, 
which provides the Texas Commission on Fire Protection with authority to adopt 
rules for the administration of its powers and duties; the Texas Government 
Code, sec.419.022, which provides the commission with authority to establish 
minimum training standards for fire protection personnel in advanced or 
specialized fire protection personnel positions; and Texas Government Code,  
s419.037, which provides the commission with authority to adopt requirements for 
marine fire protection personnel certification. 
 The Government Code, sec.419.022 and sec.419.037 are affected by the proposed 
new sections. 
 
 
  sec.423.301. Minimum Standards For Marine Fire Protection Personnel. 
 
  (a) The effective date of this section shall be January 1, 1995. 
   
  (b) Marine Fire Protection Personnel are employees of a local governmental 
entity who work aboard a fire boat with a minimum pumping capacity of 2,000 
gallons per minute, and fights fires that occur on or adjacent to a waterway, 
waterfront, channel, or turning basin. 
   
  (c)  All full time, full paid employees of any local government entity, who 
are assigned marine fire protection duties must be certified by the commission 
within two years from the date of their employment in a marine fire protection 
personnel position. 
   
  (d) As a minimum, all personnel must have completed all requirements specified 
in sec.423.303 of this title (relating to Minimum Standards for Basic Marine 
Fire Protection Personnel) prior to being assigned to marine fire suppression 
duties. 
   
  (e) All personnel holding any level of Marine Fire Protection Personnel 
certification shall be required to comply with the continuing education 
specified in sec.441.11 of this title (relating to Continuing Education 
Requirements for Marine Fire Protection Personnel). 
 
     
  sec.423.303. Minimum Standards For Basic Marine Fire Protection Personnel 
Certification. 
 
  (a) The effective date of this sub chapter shall be January 1, 1995. Training 
programs that are intended to satisfy the requirements for Basic Marine Fire 
Protection Personnel certification, that are started after the effective date of 
this subchapter, must meet the curriculum, competencies, and hour requirements 
of this subchapter. All applicants for certification must meet the examination 
requirements of this section. 
   
  (b) In order to obtain basic Marine Fire Protection Personnel certification 
the individual must: 
 
  (1) hold or be eligible to hold basic structure fire protection personnel 
certification; 
   
  (2)  complete a training program specific to marine fire protection consisting 
of one of the following: 
 
  (A) complete the commission approved Basic Marine Fire Protection Curriculum 
of at least 90 total hours as specified in Chapter 3, of the commission's 
document titled "Commission Certification Curriculum Manual", as approved by the 
commission in accordance with Chapter 443, of this title (relating to 
Certification Curriculum Manual). The commission approved marine fire protection 
curriculum must be taught by a training facility that has been certified by the 
commission as provided in Chapter 427 of this title (relating to Minimum 
Standards for Training Facilities); or 
   
  (B) an out-of-state training program that has been submitted to the commission 
for evaluation and found to be equivalent to or exceed the commission approved 
Basic Marine Fire Protection Curriculum; or 
   
  (C) A military training program that has been submitted to the commission for 
evaluation and found to be equivalent to the commission approved Basic Marine 
Fire Protection Curriculum; 
     
  (3) successfully pass the commission examination as specified in Chapter 439 
of this title (relating to Examinations for Certification) prior to assignment. 
     
  (c)  Out-of-state or military training programs which are submitted to the 
commission for the purpose of determining equivalency will be considered 
equivalent if the subjects taught, subject content, hours of training in each 
subject, and total hours of training meet or exceed the requirements set forth 
in Chapter 3 (pertaining to Marine Fire Protection) of the Commission's 
Certification Curriculum Manual for Paid Fire Protection Personnel. 
   
  (d)  A person who holds or is eligible to hold a certificate upon employment 
as a part-time marine fire protection personnel may be certified as a marine 
fire protection personnel, of the same level of certification, without meeting 
the applicable examination requirements. 
   
  (e) If a person holds a current certification as a part-time marine fire 
protection personnel, the Texas Department of Health emergency care attendant 
certification may be satisfied by documentation of equivalent training or 
certification in lieu of current certification by the Texas Department of 
Health. 
 
     
  sec.423.305. Minimum Standards For Intermediate Marine Fire Protection 
Personnel 
 
  (a) Applicants for Intermediate Marine Fire Protection Personnel Certification 
must complete the following requirements: 
 
  (1)  hold as a prerequisite a Basic Marine Fire Protection Personnel 
Certification as defined in sec.423.303 of this title (relating to Minimum 
Standards for Basic Marine Fire Protection Personnel Certification). 
   
  (2)  acquire one of the following combinations of college education or raining 
points, and the listed years of fire protection experience, which may include 
the training points and the years of experience used to qualify for all lower 
levels of Marine Fire Protection Personnel Certification: 
 
  (A) 20 training points and at least eight years of service; or 
   
  (B) 20 training points which includes at least 15 college semester hours in 
fire science subjects and at least seven years of service; or 
   
  (C) 40 training points and at least six years of service; or 
   
  (D) 40 training points which includes at least 15 college semester hours in 
fire science subjects and at least five years of service; or 
   
  (E) an associate degree or 60 training points and at least four years of 
service; or 
   
  (F)  an associate degree or 60 training points, either of which includes at 
least 15 college semester hours in fire science subjects and at least three 
years of service; or 
   
  (G) a baccalaureate degree or an associate degree in Fire Science or 120 
training points and at least two years of service. 
     
  (3) As part of the training specified in paragraph (2) of this section, 
complete the courses listed in one of the following options: 
 
  (A) Option #1-Successfully complete six semester hours of fire science from an 
approved Fire Protection Degree Program from the following courses: 
 
  (i) Fire Administration I, or a course that meets the following course 
description -Organization and management of a fire department. Topics include 
budgeting, maintenance of records and reports, and management of fire department 
officers. Personnel administration, distribution of equipment and personnel, and 
relations of government agencies to fire protection areas. Fire Service 
Leadership as viewed from the company officer's position; or 
   
  (ii) Fire Fighting Tactics and Strategy, or a course that meets the following 
course description-Essential elements in analyzing the nature of fire and 
determining the requirements to fight a fire. Efficient and effective 
utilization of manpower, equipment and apparatus. Pre-planning, conflagration 
problems, fire ground organization problem-solving related to fire ground 
decision making and attack tactics and strategy. Use of mutual aid and large 
scale command problems; or 
   
  (iii) Hazardous Materials I, or a course that meets the following course 
description-Characteristics and behavior of various materials that burn or react 
violently are studied. Flammable liquids, combustible solids, and gases are 
included. Storage, transportation, and handling are covered. Emphasis is on 
emergency situations and methods of control. 
     
  (B) Option #2-Complete a minimum of 80 hours of instruction in any National 
Fire Academy resident program. This training must be in addition to any training 
used to qualify for Basic Marine Fire Protection Personnel Certification. 
   
  (C) Option #3-Complete a minimum of 80 hours in the following National Fire 
Academy off-campus courses: 
 
  (i) Incident Command System (ICS) (16 hours); 
   
  (ii)  Initial Response to Hazardous Materials Incidents: Basic Concepts (12 
hours) and Recognizing and Identifying Hazardous Materials (3 hours); 
   
  (iii) Initial Response to Hazardous Materials incidents: Concept 
Implementation (16 hours); 
   
  (iv) Instructional Techniques for Company Officers (12 hours); 
   
  (v) Public Fire Education Planning (12 hours); 
   
  (vi) Pesticide Challenge (12 hours); 
   
  (vii)  Conducting Basic Fire Prevention Inspections (12 hours); 
   
  (viii)  Fire/Arson Detection (12 hours); 
   
  (ix) Managing Company Tactical Operations: Preparation (12 hours); 
   
  (x) Managing Company Tactical Operations: Command Decision Making (12 hours); 
   
  (xi) Managing Company Tactical Operations: Tactics (12 hours); It is 
recommended, by the NFA, that the Managing Company Tactical Operations Series be 
taken in the sequence listed. 
     
  (D) Option #4 Successfully complete three semester hours of the courses listed 
in option #1 and 40 hours of the courses listed in option #3. 
       
  (b) College level courses from both the upper and lower division may be used 
to satisfy the education requirement for Intermediate Marine Fire Protection 
Personnel Certification. 
   
  (c) If a National Fire Academy off campus course(s) is discontinued or is 
replaced by a new course, the old or the new course may be used toward 
requirements for certification. 
   
  (d) Non-traditional credit awarded at the college level, such as credit by 
experience or credit by examination obtained from attending any school in the 
commission's document titled "Commission Certification Curriculum Manual" or for 
experience in the fire service, may not be counted toward higher levels of 
certification. Credit will not be given for repeating a course or courses of 
similar content. 
 
     
  sec.423.307. Minimum Standards For Advanced Marine Fire Protection Personnel 
Certification. 
 
  (a) Applicants for Advanced Marine Fire Protection Personnel certification 
must complete the following requirements: 
 
  (1) hold as a prerequisite an Intermediate Marine Fire Protection Personnel 
Certification as defined in sec.423.305 of this title (relating to Minimum 
Standards for Basic Marine Fire Protection Personnel Certification); 
   
  (2) acquire one of the following combinations of college education or training 
points, and the listed years of fire protection experience, which may include 
the training points and the years of experience used to qualify for all lower 
levels of Marine Fire Protection Personnel Certification: 
 
  (A)  40 training points and at least 12 years of service; or 
   
  (B) 40 training points which includes at least 15 college semester hours in 
fire science subjects and at least ten years of service; or 
   
  (C) an associate degree or 60 training points and at least 12 years of 
service; or 
   
  (D) an associate degree or 60 training points, either of which includes at 
least 15 college semester hours in fire science subjects and at least six years 
of service; or 
   
  (E) a baccalaureate degree or an associate degree in Fire Science or 120 
training points and at least four years of service; 
   
  (F) a baccalaureate degree or 120 training points either of which must 
includes at least 15 college semester hours in fire science subjects and at 
least three years of service. 
     
  (3) As a part of the training specified in paragraph (2) of this subsection, 
complete the courses listed in one of the following options: 
 
  (A) Option #1-Successfully complete six semester hours in fire science from an 
approved Fire Protection Degree Program from the following courses: 
 
  (i)  Fire Administration II, or a course that meets the following course 
description-Insurance rates and ratings, preparation of budgets, administration 
and organization of training in the fire department; city water requirements, 
fire alarm and communication systems; importance of public relations, report 
writing and record keeping are stressed; measurements of results, use of records 
to improve procedures, and other related topics; legal aspects relating to fire 
prevention and fire protection with stress on municipal and state agencies; 
design and construction of fire department buildings; or 
   
  (ii) Fire Safety Education, or a course that meets the following course 
description -Physical, chemical, and electrical hazards and their relationship 
to loss of property and life. Study of codes, laws, problems, and cases. 
Detailed examination of the physical and psychological variables related to the 
occurrence of casualties. Safe storage, transportation, and handling techniques 
are stressed to eliminate or control potential risks; or 
   
  (iii) Building Construction, or a course with the following course 
description-Fundamental consideration and exploration of building construction 
and design with emphasis on fire resistance of building materials and 
assemblies, exposures, and related data focused on fire protection concerns; 
elements of structural collapse and failure during a fire are included; or 
   
  (iv) Building Codes, or a course with the following course description-An in-
depth study of the National Fire Protection Association's Life Safety Code. An 
introduction to other model codes and the fire codes as they relate to building 
design; or 
   
  (v)  Building Codes and Construction, or a course with the following course 
description-The fire resistance of building construction is considered. Included 
are building materials, assemblies, and exposures. Both local and national laws 
and guidelines are reviewed. Model building codes and the life safety code are 
also studied. 
     
  (B) Option #2-Complete a minimum of 80 hours of instruction in any National 
Fire Academy on-campus resident program. This training must be in addition to 
any training used to qualify for Intermediate Marine Fire Protection Personnel 
Certification. 
   
  (C)  Option #3-Complete a minimum of 80 hours in the following National Fire 
Academy off-campus courses: 
 
  (i) Building Construction for Fire Suppression Forces -Principles, Wood and 
Ordinary Construction (12 hours); 
   
  (ii) Building Construction for Fire Suppression Forces -Principles, Non-
Combustible and Fire Resistive Construction (12 hours) ; 
   
  (iii) Firefighter Safety and Survival: The Company Officer's Responsibility 
(16 hours); 
   
  (iv) Firefighter Health and Safety: Program Implementation & Management (16 
hours); 
   
  (v) Fire Service Management (12 hours); 
   
  (vi) Leadership I: Strategies for Company Success (12 hours); 
   
  (vii) Leadership II: Strategies for Personal Success (12 hours); 
   
  (viii) Leadership III: Strategies for Supervisory Success (12 hours); 
   
  (ix) Fire Supervision-Increasing Team Effectiveness (12 hours); 
   
  (x) Fire Supervision-Increasing Personal Effectiveness (12 hours); 
   
  (xi) Infection Control for Emergency Response Personnel: The Supervisors Role 
and Responsibilities (12 hours). 
     
  (D) Option #4-Successfully complete three semester hours of the courses listed 
in option #1 and 40 hours of the courses listed in option #3. 
       
  (b)  College level courses from both the upper and lower division may be used 
to satisfy the education requirement for Advanced Marine Fire Protection 
Personnel Certification. 
   
  (c) If a National Fire Academy off campus course(s) is discontinued or is 
replaced by a new course, the old or the new course may be used toward 
requirements for certification. 
   
  (d)  Non-traditional credit awarded at the college level, such as credit by 
experience or credit by examination obtained from attending any school in the 
commission's document titled "Commission Certification Curriculum Manual" or for 
experience in the fire service, may not be counted toward higher levels of 
certification. Credit will not be given for repeating a course or courses of 
similar content. 
 
     
  sec.423.309. Minimum Standards for Master Marine Fire Protection Personnel 
Certification. 
 
  (a) Applicants for Master Marine Fire Protection Personnel Certification must 
complete the following requirements: 
 
  (1) hold as a prerequisite an Advance Marine Fire Protection Personnel 
Certification as defined in sec.423.307 of this title (relating to Minimum 
Standards for Basic Marine Fire Protection Personnel Certification); 
   
  (2)  acquire one of the following combinations of college education or 
training points, and the listed years of fire protection experience, which may 
include the training points and the years of experience used to qualify for all 
lower levels of Marine Fire Protection Personnel Certification: 
 
  (A) an associate degree of 60 college semester hours and at least 12 years of 
service; or 
   
  (B) an associate degree or 60 college semester hours, either of which includes 
at least 15 college semester hours in fire science subjects and at least nine 
years of service; or 
   
  (C) an associate degree in Fire Science and at least six years of service; or 
   
  (D) a baccalaureate degree or 120 college semester hours and at least six 
years of service. 
   
  (E) a baccalaureate degree or 120 training points either of which includes at 
least 15 college semester hours in fire science subjects and at least four years 
of service. 
   
  (F) a master's degree and at least four years of service. 
       
  (b) College level courses from both the upper and lower division may be used 
to satisfy the education requirement for Master Marine Fire Protection Personnel 
Certification. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1994. 
 TRD-9447392 
  Jack Woods 
 General Counsel 
 Texas Commission on Fire Protection 
    Earliest possible date of adoption: October 7, 1994 
 For further information, please call: (512) 918-7184 
         
               Chapter 521. Fire Extinguisher Rules 
  
  37 TAC sec.sec.521.6, 521.7, 521.10, 521.21 
 
  The Texas Commission on Fire Protection proposes amendments to sec.sec.521.6, 
531.7, 531.10, and 531.21, concerning regulation of the business of inspecting, 
planning, certifying, leasing, selling, servicing, testing, installing, and 
maintaining fire extinguishers or fire extinguishing devices and systems. 
Changes to sec.521.6 reflect the new definitions for a DOT Specification Fire 
Extinguisher Cylinder and DOT Nonspecification Fire Extinguisher Cylinder; it 
also omits the definition of Department of Transportation (DOT) cylinder. The 
changes to sec.521.7 update NFPA Standards 10, 11C, 12B, 15, 17, 17A, and 18 to 
1990; updates NFPA Standard 16 to 1991; updates NFPA Standard 12A to 1992; 
adopts NFPA Standard 25, 1992, Standard for the Inspection, Testing, and 
Maintenance of Water Based Fire Protection Systems; updates NFPA Standard 12 to 
1993; updates NFPA Standards 11, 11A, and 96 to 1994; and adopts NFPA Standard 
2001, 1994, Standard on Clean Agent Fire Extinguishing Systems. Section 521.10 
reflects the change from DOT marked to DOT specification in subsection (c)(4). 
sec.521.21 reflects the addition of a subsection (c) that refers to a new 
Certificate of Installation form, form number FML 010. 
 G. Mike Davis, State Fire Marshal, has determined that there will be no fiscal 
implications for state and local governments for the first five years as a 
result of enforcing or administering the amendments to sec.sec.521.6, 521.7, 
521.10, and 521.21. 
 Mr. Davis also has determined that for each year of the first five years the 
proposed amendments are in effect that there will be an improvement in the 
protection afforded property and lives by the latest technology in fire 
extinguishers and extinguisher equipment. The proposed amendments will increase 
the economic costs of compliance for individuals and firms regulated under these 
rules by approximately $60 to $125 per year for each employee for updated NFPA 
standards and printing of new installation forms. The cost of compliance per 
employee is the same for small businesses and large businesses. 
 Comments on the new sections may be submitted to Michael E. Hines, Executive 
Director, Texas Commission on Fire Protection, Post Office Box 2286, Austin, 
Texas 78768-2286. 
 The amendments are proposed under Article 5.43-1, Sections 2A, 8, and 9 which 
provide the Texas Commission on Fire Protection with the authority to adopt 
rules necessary for the protection and preservation of life and property in 
controlling the requirements for the installation or servicing of portable fire 
extinguishers and the planning, certifying, installing, or servicing of fixed 
fire extinguisher systems. 
 Texas Insurance Code, Article 5.43-1 is affected by these proposed amendments. 
 
 
  sec.521.6. Definitions.  The following words and terms, when used in this 
subchapter, shall have the following meanings, unless the context clearly 
indicates otherwise. 
   
     <nl>DOT Specification Fire Extinguisher Cylinder-All fire extinguisher 
cylinders manufactured, tested and stamped with the classification number as 
required by the United States Department of Transportation. 
   
     <nl>DOT Nonspecification Fire Extinguisher Cylinder-All fire extinguisher 
cylinders manufactured and tested but not stamped with a classification number 
as required by the United States Department of Transportation. These cylinders 
may be marked by a label with the words "Meets DOT Requirements." 
   
   [Department of Transportation (DOT) cylinder-All fire extinguisher cylinders 
manufactured, tested, and marked in compliance with specifications and 
requirements of the United States Department of Transportation.] 
 
   
  sec.521.7. Adopted Standards. <ol> The board adopts by reference in their 
entirety the following copyrighted standards and recommendations as adopted in 
this subchapter. If a standard refers to a provision in a specific edition of 
another standard, the provision is applicable only if it does not conflict with 
the adopted standard shown in this section. The standards are published by and 
available from the National Fire Protection Association, Inc., (NFPA), 
Batterymarch Park, Quincy, Massachusetts 02269. 
 
  (1) NFPA 10-<nl>1990<ol>[1988], Standard for Portable Fire Extinguishers. 
   
  (2)  NFPA 11-<nl>1994<ol>[1988], Standard for Low Expansion Foam and Combined 
Agent Systems. 
   
  (3) NFPA 11A-<nl>1994<ol>[1988], Standard for Medium and High Expansion Foam 
Systems. 
   
  (4) NFPA 11C-<nl>1990<ol>[1986], Standard for Mobile Foam Apparatus. 
   
  (5)  NFPA 12-<nl>1993<ol>[1985], Standard on Carbon Dioxide Extinguishing 
Systems. 
   
  (6) NFPA 12A-<nl>1992<ol>[1987], Standard on Halon 1301 Fire Extinguishing 
Systems. 
   
  (7) NFPA 12B-<nl>1990<ol>[1985], Standard on Halon 1211 Fire Extinguishing 
Systems. 
   
  (8) <nl>NFPA 2001-1994, Standard on Clean Agent Fire Extinguishing Systems. 
   
  <nl>(9) <ol>[(8)] NFPA 15-<nl>1990<ol>[1985], Standard for Water Spray Fixed 
Systems for Fire Protection. 
   
  <nl>(10)<ol>[(9)] NFPA 16 -<nl>1991<ol>[1986], Standard on Deluge Foam-Water 
Sprinkler and Foam-Water Spray System. 
   
  <nl>(11)<ol>[(10)] NFPA 17 -<nl>1990<ol>[1985], Standard for Dry Chemical 
Extinguishing Systems. 
   
  <nl>(12)<ol>[(11)] NFPA 17A -<nl>1990<ol>[1986], Standard on Wet Chemical 
Extinguishing Systems. 
   
  <nl>(13)<ol>[(12)] NFPA 18 -<nl>1990<ol>[1986], Standard on Wetting Agents. 
   
  <nl>(14) NFPA 25-1992, Standard for the Inspection, Testing, and Maintenance 
of Water Based Fire Protection Systems; 
   
  <nl>(15)<ol>[(13)] NFPA 96 -<nl>1994<ol>[1987], Standard for the Installation 
of Equipment for the Removal of Smoke and Grease- Laden Vapors from Commercial 
Cooking Equipment. 
 
     
  sec.521.10. Certificates of Registration. 
 
  (a)-(b) (No change.) 
   
  (c) Types of certificates. Each certificate must be identified by type, which 
will indicate the business activity authorized under the certificate. 
 
  (1)-(3) (No change.) 
   
  (4) Type C-For hydrostatic testing of DOT <nl>Specification <ol>[marked] fire 
extinguisher cylinders. 
     
  (d)-(l) (No change.) 
 
     
  sec.521.21. Installation Labels for Fixed Extinguisher Systems 
 
  (a)-(b) (No change.) 
   
  <nl>(c) Certificate of Installation (Form Number FML 010) Figure: 37 TAC 
521.21(c). 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1994. 
 TRD-9447397 
  Jack Woods 
 General Counsel 
 Texas Commission on Fire Protection 
    Earliest possible date of adoption: October 7, 1994 
 For further information, please call: (512) 918-7184 
         
             Chapter 541. Fire Sprinkler Rules 
  
  37 TAC sec.sec.541.7, 541.13, 541.14, 541.18, 541.19, 541.20, 541. 21, 541.22, 
541.23 
 
  The Texas Commission on Fire Protection proposes amendments to sec.sec.541.7, 
541.13, 541.14, and 541.18, and new  ssec.541.19, 541.20, 541.21, 541.22, and 
541.23, concerning regulation of the business of inspecting, planning, 
certifying, leasing, selling, servicing, testing, installing, monitoring, and 
maintaining fire protection sprinkler devices and systems. The amendments to 
sec.541.7 update NFPA Standards 13 and 13D to 1994; NFPA Standards 14, 20, 22, 
and 24, to 1993; NFPA Standards 25, 24, and 214 to 1992; NFPA Standards 16, 231 
and 231C to 1991; NFPA Standards 15, 307, and 409 to 1990; NFPA Standard 231D to 
1989; it also adopts NFPA 30B, 1990, Manufacture and Storage of Aerosol 
Products. The amendment to sec.541.13 omits all requirements for bond and surety 
prior to issuance of a certificate of registration. The amendment to sec.541.14 
deletes reference to the State Board of Insurance and replaces it with the Texas 
Commission on Fire Protection; it also updates the fee schedule to reflect the 
current fee schedule for renewal of certificate of registration and renewal of 
responsible managing employee's licenses; it also omits the fee schedule 
regarding certificates of registration and licenses that have been expired for 
91 days to 365 days; it also changes the fee schedule for certificates of 
registration and licenses that have been expired for 366 days to two years to 91 
days to two years. The amendment to sec.541.18 reflects the updated tag under 
subsection (g). The new sec.531.19 adds the use of yellow tags for systems found 
to be in noncompliance with the fire protections sprinkler rules. The new 
sec.541.20 renumbers the section regarding Red Tags; it also adopts NFPA 
Standard 25, 1992, and omits NFPA Standard 13A, sec.sec.1-3; and it also 
reflects the updated red tag under subsection (f). The new sec.sec.541. 21-
541.23 renumbers the remaining sections accordingly. 
 G. Mike Davis, State Fire Marshal, has determined that there will be no fiscal 
implications for state and local governments for the first five years as a 
result of enforcing or administering the amendments to sec.sec.541.7, 541.13, 
541.14, and 541.18 , and the new sec.sec.541.19, 541.20, 541.21, 541.22, and 
541. 23. 
 Mr. Davis also has determined that for each year of the first five years the 
section proposed is in effect that there will be more efficient regulation of 
registered sprinkler contractors, with a resulting improvement in the latest 
technology of protection afforded to property and lives by fire protection 
sprinkler equipment. The economic cost of compliance for individuals and firms 
regulated by these rules will increase approximately $75. 00 to $150.00 per 
licensed employee per year for the costs of purchasing updated NFPA standards 
and service tags. The costs of compliance per employee for small and large 
businesses will be the same. 
 Comments on the new sections may be submitted to Michael E. Hines, Executive 
Director, Texas Commission on Fire Protection, Post Office Box 2286, Austin, 
Texas 78768-2286. 
 The new sections are adopted under Article 5.43-3, Sections 3, 3A, and 7 which 
provides the Texas Commission on Fire Protection with the authority to adopt 
rules necessary to its administration through the state fire marshal for the 
protection and preservation of life and property. 
 Texas Insurance Code Article 5.43-3 is affected by these amendments and new 
sections. 
 
 
  sec.541.7. Adopted Standards. <ol> The board adopts by reference in their 
entirety the following copyrighted standards and recommended practices published 
by and available from the National Fire Protection Association, Inc., (NFPA), 
Batterymarch Park, Quincy, Massachusetts 02269. A copy of the standards shall be 
kept available for public inspection in the Office of the State Fire Marshal. 
 
  (1) NFPA 13-<nl>1994<ol>[1987], Standard for the Installation of Sprinkler 
Systems; 
   
  (2) NFPA <nl>25<ol>[13A]  -<nl>1992<ol>[1987], Recommended Practice for the 
Inspection, Testing and Maintenance of Sprinkler Systems, except as modified in 
sec.541.18 and sec.541. 19 of this title (relating to Service Tags and Red 
Tags); 
   
  (3) NFPA 13D-<nl>1994<ol>[1984], Standard for the Installation of Sprinkler 
Systems in One- and Two-Family Dwellings and Mobile Homes; 
   
  (4) NFPA 14-<nl>1993<ol>[1986], Standard for the Installation of Standpipe and 
Hose Systems; 
   
  (5) NFPA 15-<nl>1990<ol>[1985], Standard for Water Spray Fixed Systems for 
Fire Protection; 
   
  (6) NFPA 16-<nl>1991<ol>[1986], Standard on Deluge Foam-Water Sprinkler 
Systems and Foam-Water Spray Systems; 
   
  (7) NFPA 20-<nl>1993<ol>[1987], Standard for the Installation of Centrifugal 
Fire Pumps; 
   
  (8) NFPA 22-<nl>1993<ol>[1987], Standard for Water Tanks for Private Fire 
Protection; 
   
  (9) NFPA 24-<nl>1992<ol>[1987], Standard for the Installation of Private Fire 
Service Mains and Their Appurtenances; 
   
  (10) NFPA 30-<nl>1993<ol>[1987], Flammable and Combustible Liquids Code; 
   
  <nl>(11) NFPA 30B-1990, Manufacture and Storage of Aerosol Products; 
   
  <nl>(12)<ol>[(11)] NFPA 307 -<nl>1990<ol>[1985], Standard for the Construction 
and Fire Protection of Marine Terminals, Piers, and Wharves; 
   
  <nl>(13)<ol>[(12)] NFPA 214 -<nl>1992<ol>[1983], Standard on Water-Cooling 
Towers; 
   
  <nl>(14)<ol>[(13)] NFPA 231 -<nl>1991<ol>[1987], Standard for General Storage; 
   
  <nl>(15) <ol>[(14)] NFPA 231C-<nl>1991<ol>[1986], Standard for Rack Storage of 
Materials; 
   
  <nl>(16)<ol>[(15)] NFPA 231D -<nl>1989<ol>[1986], Standard for Storage of 
Rubber Tires; and 
   
  <nl>(17)<ol>[(16)] NFPA 409 -<nl>1990<ol>[1985], Standard on Aircraft Hangars. 
 
     
  sec.541.13. Applications. 
 
  (a) Certificates of registration. 
 
  (1)-(6) (No change.) 
   
  (7) <nl>Insurance<ol> [Bond and insurance] required. 
 
  (A) The state fire marshal must not issue a certificate of registration under 
this subchapter unless the applicant files with the state fire marshal's office 
a [surety bond and] proof of liability insurance. The insurance must include 
products and completed operations coverage. 
   
  (B) Each registered firm must maintain in force and on file in the state fire 
marshal's office the [surety bond and] certificate of insurance as required. 
Failure to do so will be cause for action to suspend the firm's certificate of 
registration. 
   
  (C) (No change.) 
   
  (D)  If a certificate of registration is to be issued in the name of a 
corporation, the corporate name must be used on the applicable [bond and] 
insurance forms. If the corporation is obtaining a certificate of registration 
in an assumed name, the insurance must be issued to the corporation doing 
business as (dba) the assumed name. Example: XYZ Corporation dba XXX Fire 
Sprinkler Service. 
   
  (E) The [bond and] insurance issued for a partnership must be issued to the 
name of the partnership or to the names of all the individual partners. 
   
  (F) The [bond and] insurance for a proprietorship must be issued to the 
individual owner. If an assumed name is used, the bond and insurance must be 
issued to the individual doing business as (dba) the assumed name. Example: 
William Jones dba XXX Fire Sprinkler Service. 
       
  (b) (No change.) 
 
     
  sec.541.14. Fees. 
 
  (a) Every fee required in accordance with the provisions of the Insurance 
Code, Article 5.43-3, and this subchapter must be paid by cash, money order, or 
check. Money orders and checks must be made payable to the <nl>Texas Commission 
on Fire Protection<ol> [State Board of Insurance]. 
   
  (b) (No change.) 
   
  (c) Fees are as follows: 
 
  (1) certificate of registration: 
 
  (A) (No change.) 
   
  (B)  renewal fee-<nl>$1800<ol> [900]; 
   
  (C) (No change.) 
     
  (2)  responsible managing employee license: 
 
  (A) (No change.) 
   
  (B)  renewal fee-<nl>$350<ol> [175]; 
     
  (3) duplicate or revised certificates <nl>or <ol> [of] licenses-$35; 
   
  (4)-(5) (No change.) 
     
  (d)-(f) (No change.) 
   
  (g) Fees for certificates and licenses which have been expired for less than 
two years include both renewal and late fees and shall be determined in 
accordance with the following schedule. Expired 1 Day to 90 Days: Renewal Fee 
Late Fee Total Fee Certificate <nl>$1, 800<ol> [900] $450 <nl>$2,250<ol> [1,350] 
License <nl>$350 <ol> [175] $87.50 <nl>$437.50 <ol> [262.50] [Expired 91 Days to 
365 Days: Renewal Fee Late Fee Total Fee Certificate $900, $900, $1,800 License 
$175, $175, $350] Expired <nl>91<ol> [366] Days to Two Years: Renewal Fee Late 
Fee Total Fee Certificate $1,800, $900, $2,700, License $350, $175, $ 525. 
 
     
  sec.541.18. Service Tags. 
 
  (a)-(f) (No change.) 
   
  (g)  Sample service tag: Figure 1: 37 TAC 541.18(g) 
   
  (h) (No change.) 
 
     
  sec.541.19. Yellow Tags. 
 
  (a) If a fire sprinkler system is found in noncompliance with applicable NFPA 
standards, a completed yellow tag must be attached to the control valve of the 
sprinkler system to indicate that corrective action is necessary. 
   
  (b) Yellow tags must conform to requirements of sec.541.20(B), (C) and (D) of 
this title (relating to red tags), except that the yellow tag inscription must 
be titled: "DO NOT REMOVE-SYSTEM NOT IN COMPLIANCE WITH NFPA STANDARDS". 
   
  (c) The signature of the licensee on a yellow tag certifies the impairments 
listed on the label cause the system to be out of compliance with NFPA 
standards. 
   
  (d) A yellow tag may be removed only by a licensed employee or agent of a 
registered firm that has corrected the conditions and certified the service. 
   
  (e) A letter detailing impairments must be sent to the building owner or 
authorized representative and to the local authority having jurisdiction. 
 
     
  sec.541.20. Red Tags. 
 
  (a) If the impairments constitute emergency impairments as defined in NFPA 25 
(1992), then the inspector shall complete and attach a red tag. 
   
  (b) Red tags shall be the same size as service tags. 
   
  (c) Red tags shall bear the following information in the format of the sample 
tag shown in subsection (f) of this section: 
 
  (1)  "DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL" (all capital letters, 
at least 10-point boldface type); 
   
  (2) firm's name and address; 
   
  (3) firm's certificate of registration number; 
   
  (4) signature of service person; 
   
  (5) day, month, and year (to be punched); 
   
  (6)  emergency impairments; and 
   
  (7) name and address of owner or occupant. 
     
  (d) Tags may be printed and established for any five-year period. After each 
printing, one tag shall be forwarded to the state fire marshal. 
   
  (e) A red tag may be removed only by an authorized employee of a registered 
firm, an employee of the state fire marshal's office, or an authorized 
representative of a governmental agency with regulatory authority. 
   
  (f) Sample red tag: Figure 2: 37 TAC 541.20(f) 
 
     
  sec.541.21. Enforcement. 
 
  (a) The state fire marshal is authorized and directed to enforce the 
provisions of the Insurance Code, Article 5.43-3, and these sections. The state 
fire marshal shall make, or cause to be made, inspections from time to time and 
as circumstances dictate to determine that licensed firms and persons engaged in 
the business act in conformity with the requirements of the law and these 
sections. 
   
  (b)  Such inspections shall be made by the state fire marshal or his 
representative. Where any inspection discloses violations of the law or these 
sections, the firm or person responsible for correcting said violation shall be 
notified within 30 days after completion of the inspection report. In all cases 
where a violation is not corrected within a reasonable time, the state fire 
marshal shall take such steps as may be necessary to enforce correction of the 
violation and may initiate appropriate administrative action. 
 
     
  sec.541.22. Administrative Actions. <ol> The failure to comply with the 
provisions of these sections and the Insurance Code, Article 5.43-3, by 
certificate holders or licensees may subject them to administrative action 
including, but not limited to, suspension, revocation, or refusal to issue or 
renew a license or certificate of registration. 
 
   
  sec.541.23. Severability.  If any provision of these sections or the 
application thereof to any person or circumstance is held invalid for any 
reason, the invalidity shall not affect the other provisions or any other 
application of these sections which can be given effect without the invalid 
provisions or application. To this end, all provisions of these sections are 
declared to be severable. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1994. 
 TRD-9447395 
  Jack Woods 
 General Counsel 
 Texas Commission on Fire Protection 
    Earliest possible date of adoption: October 7, 1994 
 For further information, please call: (512) 918-7184 
         
           Chapter 541. Fire Sprinkler Rules 
  
  37 TAC sec.sec.541.19-541.22 
 
  (Editor's note: The text of the following sections proposed for repeal will 
not be published. The sections may be examined in the offices of the Texas 
Commission on Fire Protection or in the Texas Register office, Room 245, James 
Earl Rudder Building, 1019 Brazos Street, Austin.) 
   
  The Texas Commission on Fire Protection proposes the repeal of sec.sec.541. 
19-541.22, concerning regulation of the business of inspecting, planning, 
selling, servicing, installing, and maintaining fire protection sprinkler 
systems. 
 The repeals are necessary to enable the Commission to adopt new rules 
pertaining to more efficient regulation of businesses, with a resulting 
improvement in the quality of protection afforded property and lives by fire 
protection sprinkler equipment. 
 G. Mike Davis, State Fire Marshal, has determined that there will be no fiscal 
implications for state and local governments for the first five years the 
repeals are in effect. 
 Mr. Davis also has determined that for each year of the first five years the 
amended repeals are in effect that there will be more efficient regulation of 
these businesses, with a resulting improvement in the quality of protection 
afforded property and lives by fire protection sprinkler equipment. Mr. Davis 
has determined that these repeals should not have any effect on small and large 
businesses, or persons required to comply with the repeals. The compliance costs 
for the new sections are outlined in the preamble for the proposed new sections 
published in this issue of the Texas Register. 
 Comments on the repeals may be submitted to Michael E. Hines, Executive 
Director, Texas Commission on Fire Protection, Post Office Box 2286, Austin, 
Texas 78768-2286. 
 The repeals are proposed under Article 5.43-3, sec.sec.3, 3A, and 7 which 
provides the Texas Commission on Fire Protection with the authority to adopt 
rules necessary to its administration through the state fire marshal for the 
protection and preservation of life and property. 
 Texas Insurance Code, Article 5.43-3 is affected by these repeals. 
 
 
  sec.541.19. Red Tags. 
 
   
  sec.541.20. Enforcement. 
 
   
  sec.541.21. Administrative Actions. 
 
   
  sec.541.22. Severability. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1994. 
 TRD-9447390 
  Jack Woods 
 General Counsel 
 Texas Commission on Fire Protection 
    Earliest possible date of adoption: October 7, 1994 
 For further information, please call: (512) 918-7184 
         
               
  TITLE 40. SOCIAL SERVICES AND ASSISTANCE 
 Part I. Texas Department of Human Services 
  Chapter 48. Community Care for Aged and Disabled 
  
  Minimum Standards for Adult Foster Care 
 
  40 TAC sec.48.8907 
 
  The Texas Department of Human Services (DHS) proposes an amendment to 
sec.48.8907, concerning provider responsibilities, in its Community Care for 
Aged and Disabled chapter. The purpose of the amendment is to require the adult 
foster care provider to notify DHS when the provider or a family member is the 
subject of an adult protective services' investigation. 
 Burton F. Raiford, commissioner, has determined that for the first five-year 
period the proposed section will be in effect there will be no fiscal 
implications for state or local government as a result of enforcing or 
administering the section. 
 Mr. Raiford also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that the adult foster care caseworker will be aware of any adult 
protective services' investigation in an adult foster care home, thus ensuring 
the safety of all clients. There will be no effect on small businesses. There is 
no anticipated economic cost to persons who are required to comply with the 
proposed section. 
 Questions about the content of the proposal may be directed to Carl Giles at 
(512) 450-3156 in DHS's Contract Services unit. Written comments on the proposal 
may be submitted to Nancy Murphy, Agency Liaison, Media and Policy Services-401, 
Texas Department of Human Services W-402, P.O. Box 149030, Austin, Texas 78714-
9030, within 30 days of publication in the Texas Register. 
 The amendment is proposed under the Human Resources Code, Title 2, Chapter 22, 
which provides the department with the authority to administer public assistance 
programs. 
 The amendment implements sec.22.001 of the Human Resources Code. 
 
 
  sec.48.8907. Provider Responsibilities. 
 
  (a)-(b) (No change.) 
   
  (c) Reporting and notification. The adult foster care provider must: 
 
  (1)-(6) (No change.) 
   
  (7) notify the adult foster care caseworker before any resident receives home 
health services; [and] 
   
  <nl>(8) notify the adult foster care caseworker when the provider, substitute 
provider, or a family member is the subject of an adult protective services 
investigation. The provider must notify the adult foster care caseworker within 
24 hours of the beginning of the investigation or the next work day; and 
   
  <nl>(9)<ol>[(8)] report to the adult foster care caseworker's supervisor or 
another adult foster care staff person any of the required notifications if the 
caseworker is not available to speak with the provider. 
     
  (d)-(j) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1994. 
 TRD-9447330 
  Nancy Murphy 
 Section Manager, Media and Policy Services 
 Texas Department of Human Services 
    Proposed date of adoption: November 1, 1994 
 For further information, please call: (512) 450-3765 
         
                   
  TITLE 43. TRANSPORTATION 
 Part IV. Texas High-Speed Rail Authority 
  Chapter 81. Administrative Procedures 
  
  Subchapter C. Public Records Charges 
 
  43 TAC sec.81.181-81.185 
 
  The Texas High-Speed Rail Authority proposes new sec. s81.181-81.185, 
Subchapter C, Part IV, Title 43, T.A.C., describing the charges that the agency 
will make for copies of public records. These rules are proposed to comply with 
Chapter 428, Acts of the 73rd Legislature, which requires state agencies to 
adopt rules setting forth the charges the agency will make for copies of public 
records. The Texas High-Speed Rail Authority follows the guidelines adopted by 
the Texas General Services Commission. 
 Allan Rutter, Deputy Executive Director, has determined that for the first 
five-year period the rules are in effect, there may be insignificant fiscal 
implications for the state government as a result of enforcing or administering 
the rules. The agency is unable to determine the cost involved because such 
costs will depend on the unknown type and number of open records request made by 
individuals. There will be no effect on local government as a result of 
enforcing the proposed rules. 
 Mr. Rutter also has determined that for each year of the first five years that 
the rules are in effect the benefit to the public will be enhanced accessibility 
to public records and clarification of the cost of copies of public records. 
There will be a cost to persons required to comply with the rules as proposed. 
The agency is unable to determine the costs involved because such costs will 
depend on the unknown type and number of open records requests made by small or 
large businesses and/or individuals. These cost will be incurred only by small 
or large businesses and/or individuals that request copies of public records 
from the Texas High-Speed Rail Authority. 
 Written comments on the proposed rules may be submitted to Allan Rutter, Deputy 
Executive Director, Texas High-Speed Rail Authority, 823 Congress Avenue, Suite 
1502, Austin, Texas 78701. 
 The new section are proposed under the authority of the Texas Civil Statutes, 
6674v.2, sec.17(a)(2), which authorize the Texas High-Speed Rail Authority to 
adopt rules necessary to implement the Act, including rules to govern the 
operation of the authority. The new sections are also proposed under the 
Government Code, sec.403.011(2), which requires agencies to adopt rules setting 
forth the charges they will make for copies of public information. 
 The new section implements Chapter 428, Acts, 73rd Legislature, 1993. 
 
 
  sec.81.181. Definitions.  The following words and terms, when used in this 
section, shall have the following meanings, unless the context clearly indicates 
otherwise. 
   
   Computer Resource Charge-The computer resource charge is a utilization charge 
for computers based on the amortized cost of acquisition, lease, operation, and 
maintenance of computer resources, which might include, but is not limited to, 
some or all of the following: central processing units (CPUs), servers, disk 
drives, local area networks (LANs), printers, tape drives, other peripheral 
devices, communications devices, software, and system utilities. The charge made 
to recover the computer utilization cost is the actual time the computer takes 
to execute a particular program times the applicable rate. The CPU charge is not 
meant to apply to programming or printing time; rather, it is solely to recover 
costs associated with the actual time required by the computer to execute a 
program. This time frame most frequently will be a matter of seconds. If 
programming is required to comply with a particular request, the appropriate 
charge that may be recovered for programming time. No charge should be made for 
computer printout time. 
   
   Fax charge-The charge for a fax transmitted. 
   
   Full Cost-The sum of all direct costs plus a proportional share of overhead, 
or indirect costs. Full cost will be determined in accordance with generally 
accepted methodologies, such as the methodology adopted by the Council on 
Competitive Government. 
   
   Microfiche and microfilm charge-The charge is the total of the costs of 
making the copy of the fiche or film. 
   
   Miscellaneous supplies charge-The actual cost of miscellaneous supplies, such 
as labels, boxes, and other supplies used to produce the requested information. 
   
   Nonstandard-size copy -A copy of public information that is made available to 
a requestor in any format other than a standard-size paper copy. Microfiche, 
microfilm, diskettes, magnetic tapes,CDROM, and nonstandard-size paper copies 
are examples of nonstandard-size paper copies. 
   
   Overhead Charge -An Overhead Charge includes such costs as depreciation of 
capital assets, rent, maintenance and repair, utilities and administrative 
overhead. An overhead charge will not be made for requests for copies of 50 
pages or less of readily available information in standard-size form. 
   
   Personnel Charge -A personnel charge is a charge to recover the cost for 
personnel time spent to take requests, locate documents, and reproduce requested 
information. A personnel charge should not be billed in connection with 
complying with requests that are for 50 or fewer pages of readily available 
information in standard-size form. Personnel time does not include any time 
spent by an attorney, legal assistant, or any other person who reviews the 
requested information to determine whether the Texas High Speed Rail Authority 
will raise any exceptions to disclosure of the requested information under 
Subchapter C of the Open Records Act; or to research or prepare a request for a 
ruling by the Attorney General's Office pursuant to subchapter G of the Open 
Records Act. 
   
   Postal and shipping charges-Any related postal or shipping expenses which are 
necessary to transmit the reproduced information to the requesting party. 
   
   Programming time charge-A charge for the time required of a programmer to 
enter data in order to execute an existing program or to create a new program so 
that requested information may be accessed. Any charge for programming time 
should be prorated. Only programming services should be charged at this hourly 
rate. 
   
   Readily available information-Information that already exists in printed 
form, or information that is stored electronically and is ready to be printed or 
copies without requiring any programming, or information that already exists on 
microfiche or microfilm. Information that requires a substantial amount of time 
to locate or prepare for release is not readily available information. In 
determining whether to charge for providing copies of public records, the Texas 
High Speed Rail Authority will take into account not only whether the 
information is in fact readily available but also whether, in the exercise of 
efficient recordkeeping, it could and should have been readily available. 
   
   Remote document retrieval charge-A charge to recover the costs for document 
retrieval. Where a charge is made for documentation retrieval, no additional 
personnel charge should be factored in for time spent locating documents. The 
charge for document retrieval will be waived if the request is for 50 pages or 
fewer of readily available information in standard-size form. 
   
   Sales tax-Sales tax should not be added on charges for public information. 
   
   Standard-size copy -A printed impression on one side of a piece of paper that 
measures up to 8 1/2 by 14 inches. Each side of a piece of paper on which an 
impression is made is counted as a single-copy. A piece of paper that is printed 
on both sides is counted as two copies. 
 
   
  sec.81.182. The Texas High Speed Rail Authority Charge Schedule.  The 
following are the charges for copies of public information that have been 
adopted by the Texas High Speed Rail Authority: 
 
  (1) Standard-size paper copy: $ .10 per page; 
   
  (2) Nonstandard-size copy: 
 
  (A) Diskette: $1.00 each; 
   
  (B) Magnetic tape: $10 each; 
   
  (C) VHS video cassette: $2.50 each; 
   
  (D) Audio cassette: $1.00 each; 
   
  (E) Paper copy: $.50 each; 
   
  (F) Other: Actual cost; 
     
  (3) Personnel charge: $15 per hour; 
   
  (4) Overhead charge: 20% of personnel charge; 
   
  (5) Microfiche or microfilm charge: 
 
  (A) Paper copy: $.10 per page; 
   
  (B) Fiche or film copy: Actual cost; 
     
  (6) Remote document retrieval charge: Actual cost; 
   
  (7) Computer resource charge: 
 
  (A) Mainframe: $17.50 per minute; 
   
  (B) Midsize: $3.00 per minute; 
   
  (C) Client/Server: $1.00 per minute; 
   
  (D) PC or LAN: $.50 per minute; 
     
  (8) Programming time charge: $26 per hour; 
   
  (9) Miscellaneous supplies: Actual cost; 
   
  (10) Postage and shipping charge: Actual cost; 
   
  (11) Fax charge: 
 
  (A) local: $.10 per page; 
   
  (B) long distance, same area code: $.50 per page; 
   
  (C) long distance, different area code: $ 1.00 per page; 
     
  (12) Other costs: Actual cost. 
 
     
  sec.81.183. Access to Information Where Copies Are Not Requested. 
 
  (a) Access to information in standard-size form. The Texas High Speed Rail 
Authority will not charge for making available for inspection information 
maintained in standard-size form. Access charges are permitted only where the 
Texas High Speed Rail Authority is asked to provide copies of information that 
is not readily available or that is for more than 50 pages of readily available 
information in standard-size form. 
   
  (b) Access to information in other than standard-size form. In response to 
requests for access, for purposes of inspection only, to information that is 
maintained in other than standard-size form, the Texas High Speed Rail Authority 
may charge the requesting party the cost of preparing and making available such 
information, unless the information is readily available. Preparation might 
involve retrieval of information from a database, and deletion of confidential 
information. In such a case, the Texas High Speed Rail Authority may recover the 
cost of personnel. 
 
     
  sec.81.184. Format for Copies of Public Information. <ol> To the extent 
possible, the Texas High Speed Rail Authority will attempt to accommodate a 
requesting party by providing information in the format requested. 
 
   
  sec.81.185. Estimates, Deposits, and Waivers of Public Information Charges. 
 
  (a) A party requesting copies of public information will not always be aware 
of the amount of time and cost that may be involved in complying with a 
particular request. Where a particular request will involve considerable time 
and resources to process, the Texas High Speed Rail Authority will advise the 
requesting party of what may be involved and to provide an estimate of date of 
completion and the charges that may result. A deposit may be required in the 
amount of the estimated charges if such charges exceed $100. All efforts should 
be made to process requests as efficiently as possible so that requested 
information will be provided at the lowest possible charge. Full disclosure will 
be made to the requesting party as to how any charges were calculated. 
   
  (b) The Texas High Speed Rail Authority shall furnish public records without 
charge or at a reduced charge if it determines that waiver or reduction of the 
fees is in the public interest. 
   
  (c) The Texas High Speed Rail Authority will reevaluate and update annually 
the charges recommended in this section. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 29, 1994. 
 TRD-9447280 
  Allan Rutter 
 Deputy Executive Director 
 Texas High-Speed Rail Authority 
    Earliest possible date of adoption: October 7, 1994 
 For further information, please call: (512) 478-5484