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 22. EXAMINING BOARDS 
 Part VI. Texas State Board of Registration for Professional Engineers 
  Chapter 131. Practice and Procedure 
  
  Education 
 
  22 TAC sec.131.92 
 
  The Texas State Board of Registration for Professional Engineers proposes an 
amendment to sec.131.92, concerning foreign degrees. Paragraph (2) of subsection 
(a) is amended to delete recognition of engineering degrees accredited by the 
Accreditation Board of Engineering and Technology (ABET) counterpart 
organizations in Australia, Ireland, New Zealand, and the United Kingdom because 
of the difficulty the Board has experienced obtaining information regarding the 
equivalency of these degrees to a United States education. 
 Charles E. Nemir, P.E., Executive Director, has determined that for the first 
five-year period the rule is in effect there will be no fiscal implications for 
state or local government as a result of enforcing or administering the rule. 
 Mr. Nemir also has determined that for each year of the first five years the 
rule is in effect the public benefit anticipated as a result of enforcing the 
rule will be the assurance that only qualified persons are licensed to practice 
engineering. There will be no effect on small businesses. There are no 
anticipated economic costs to persons who are required to comply with the rule 
as proposed. 
 Comments on the proposal may be submitted to Charles E. Nemir, P.E., Executive 
Director, Texas State Board of Registration for Professional Engineers, P.O. 
Drawer 18329, Austin, Texas 78760. 
 The amendment is proposed under Texas Civil Statutes, Article 3271a, sec.8(a) , 
which provides the board with the authority to make and enforce all rules and 
regulations necessary for the performance of its duties. 
 Texas Civil Statutes, Article 3271a, sec.12 is affected by this proposed 
amendment. 
 
 
  sec.131.92. Foreign Degrees. 
 
  (a) An individual who has completed his undergraduate engineering education 
and received the equivalent of a baccalaureate degree from an institution other 
than one located in the United States and its possessions must apply under the 
Texas Engineering Practice Act (the Act), sec.12(a)(2), except as follows. 
 
  (1) (No change.) 
   
  (2) Applicants having degrees accredited by the  <nl>Canadian Accreditation 
Board that are published in the ABET annual report <ol> [ABET counterpart 
organizations in Australia, Canada, Ireland, New Zealand and the United Kingdom] 
may apply under the Act, sec.12(a)(1). [Verification from the ABET counterpart 
organizations (such as an Engineering Council) in the foreign country where the 
engineering degrees were awarded must be submitted with the application for 
registration. The verification must include the statement that such engineering 
degrees were suitable for registration purposes as a professional or chartered 
engineer in that country at the time the degrees were awarded.] 
   
  (3) (No change.) 
     
  (b) (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 November 29, 1994. 
 TRD-9451555 
  Charles E. Nemir, P.E. 
 Executive Director 
 Texas State Board of Registration for Professional Engineers 
    Proposed date of adoption: January 11, 1995 
 For further information, please call: (512) 440-7723 
         
             
  Professional Conduct and Ethics 
 
  22 TAC sec.131.152 
 
  The Texas State Board of Registration for Professional Engineers proposes an 
amendment to sec.131.152, concerning independent professional judgment. 
Subsections (f) and (g) are amended to clarify the applicability of the rule as 
it relates to engineers involved in public service. 
 Charles E. Nemir, P.E., Executive Director, has determined that for the first 
five-year period the rule is in effect there will be no fiscal implications for 
state or local government as a result of enforcing or administering the rule. 
 Mr. Nemir also has determined that for each year of the first five years the 
rule is in effect the public benefit anticipated as a result of enforcing the 
rule will be clarification of the rule governing an engineer's involvement in 
public service. There will be no effect on small businesses. There are no 
anticipated economic costs to persons who are required to comply with the rule 
as proposed. 
 Comments on the proposal may be submitted to Charles E. Nemir, P.E., Executive 
Director, Texas State Board of Registration for Professional Engineers, P.O. 
Drawer 18329, Austin, Texas 78760. 
 The amendment is proposed under Texas Civil Statutes, Article 3271a, sec.8(a) , 
which provides the board with the authority to make and enforce all rules and 
regulations necessary for the performance of its duties. 
 Texas Civil Statutes, Article 3271a, sec.22 is affected by this proposed 
amendment. 
 
 
  sec.131.152. Independent Professional Judgment. 
 
  (a)-(e) (No change.) 
   
  (f) The engineer shall not solicit or accept, directly or indirectly, any 
engineering contract or employment from a governmental body, agency or 
department in which a <nl>person in the engineer's<ol> [principal or officer of 
his] organization serves as a member or employee <nl>in a position to influence 
the award of the contract<ol>. 
   
  (g)  <nl>Registrants may actively participate in elective and appointive 
public service in keeping with each registrant's personal conviction.<ol> When 
in <nl>such<ol> public service as a member or employee of a governmental body, 
agency, or department, the engineer shall not participate, directly or 
indirectly, in <nl>deliberations<ol> [consideration] or actions with respect to 
services offered or provided by him, his associates, or his organization to such 
governmental body, agency, or department. 
   
  (h)-(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 November 29, 1994. 
 TRD-9451556 
  Charles E. Nemir, P.E. 
 Executive Director 
 Texas State Board of Registration for Professional Engineers 
    Proposed date of adoption: January 11, 1995 
 For further information, please call: (512) 440-7723 
         
                 Part IX. Texas State Board of Medical Examiners 
  Chapter 161. General Provisions 
  
  22 TAC sec.161.1 
 
  The Texas State Board of Medical Examiners proposes an amendment to sec.161.1, 
concerning the responsibilities of the Examination Committee and the Reciprocity 
Committee of the board. The proposed amendments will clarify the 
responsibilities of each committee and allow overlapping between the committees. 
 Tim Weitz, General Counsel, has determined there will be no fiscal implications 
as a result of enforcing or administering the section. 
 Tim Weitz also has determined that for each year of the first five years the 
section as proposed is in effect the public benefits anticipated as a result of 
enforcing the section as proposed will be to allow either committee to act on 
licensure cases which will streamline the licensure process. 
 There will be no anticipated economic cost to persons who are required to 
comply with the section as proposed. 
 Comments on the proposal may be submitted to Pat Wood, Texas State Board of 
Medical Examiners, P.O. Box 149134, Austin, Texas 78714-9134. A public hearing 
will be held at a later time. 
 The amendment is proposed under Texas Civil Statutes, Article 4495b, which 
provides the Texas State Board of Medical Examiners with the authority to make 
rules, regulations and bylaws not inconsistent with this act as may be necessary 
for the governing of its own proceedings, the performance of its duties, the 
regulation of the practice of medicine in this state, and the enforcement of 
this act. 
 Article 4495b, sec.2.09 is affected by this amendment. 
 
 
  sec.161.1. Meetings. 
 
  (a)-(f) (No change.) 
   
  (g) The following are standing and permanent committees of the board, as 
established by the board in accordance with the Medical Practice Act. The 
responsibilities and authority of these committees include those duties and 
powers as set forth below and such other responsibilities and authority which 
the board may from time to time delegate to these committees. 
 
  (1)-(2) (No change.) 
   
  (3) Examination Committee: 
 
  (A)-(B) (No change.) 
   
  (C) <nl>review applications for licensure, make a determination of eligibility 
and report to the board its recommendations as provided by the Medical Practice 
Act<ol> [be responsible for determining and making appropriate recommendations 
to the board regarding the eligibility of each candidate for examination by 
FLEX, USMLE, or medical jurisprudence]; 
   
  (D)-(G) (No change.) 
     
  (4) Reciprocity Committee: 
 
  (A) <nl>review applications for licensure, make a determination of eligibility 
and report to the board its recommendations as provided by the Medical Practice 
Act<ol> [receive and review applications for reciprocal endorsement for 
licensure with other states or Canadian provinces, as provided for in the 
Medical Practice Act and the rules established by this board for reciprocal 
agreements]; 
   
  (B)-(D) (No change.) 
     
  (5)-(12) (No change.) 
     
  (h)-(l) (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 November 29, 1994. 
 TRD-9451592 
  Bruce A. Levy, M.D., J.D. 
 Executive Director 
 Texas State Board of Medical Examiners 
    Earliest possible date of adoption: January 6, 1995 
 For further information, please call: (512) 834-7728 
         
             Chapter 166. Physician Registration 
  
  22 TAC sec.166.2 
 
  The Texas State Board of Medical Examiners proposes an amendment to sec.166.2, 
concerning continuing medical education. The proposed amendments will clarify 
the penalties for failure to comply with the requirement of obtaining at least 
24 hours of continuing medical education each year as a prerequisite to 
physician annual registration. 
 Tim Weitz, General Counsel, has determined there will be fiscal implications as 
a result of enforcing or administering the section; however, administrative 
penalties levied for noncompliance of this provision should offset the cost of 
investigation. 
 Tim Weitz also has determined that for each year of the first five years the 
section as proposed is in effect the public benefits anticipated as a result of 
enforcing the section as proposed will be to ensure that only those physicians 
who have complied with the continuing medical education requirements will be re-
registered each year, and thereby improve the quality of medical care rendered 
in Texas. 
 There will be anticipated economic cost to some persons who are required to 
comply with the section as proposed; however, the exact cost cannot be 
determined at this time. 
 Comments on the proposal may be submitted to Pat Wood, P.O. Box 149134, Austin, 
Texas 78714-9134. A public hearing will be held at a later time. 
 The amendment is proposed under Texas Civil Statutes, Article 4495b, which 
provides the Texas State Board of Medical Examiners with the authority to make 
rules, regulations and bylaws not inconsistent with this act as may be necessary 
for the governing of its own proceedings, the performance of its duties, the 
regulation of the practice of medicine in this state, and the enforcement of 
this Act. 
 Article 4495b, sec.3.025 is affected by this amendment. 
 
 
  sec.166.2. Continuing Medical Education. 
 
  (a)-(i) (No change.) 
   
  (j) Physicians in residency/fellowship training  <nl>or who have completed 
such training within six months prior to their renewal application<ol> will 
satisfy the requirements of subsection (a)(1) and (2) of this section by their 
residency or fellowship program. 
   
  <nl>(k) Unless exempted under the terms of this section, a licensee's failure 
to obtain and report the 24 hours of Continuing Medical Education (CME) as 
required and provided for in this section shall be a basis for disciplinary 
action by the board pursuant to sections 3.08(4), 3.08(5), 4.01, and 4.12 of the 
Act. A licensee who is disciplined by the board for such a violation may be 
subject to the full range of actions authorized by the Act, including suspension 
or revocation of the physician's medical license, but in no event shall such 
action be less than an administrative penalty of $100. 
   
  <nl>(l) A false report or statement to the board by a licensee regarding 
Continuing Medical Education (CME) hours reportedly obtained shall be a basis 
for disciplinary action by the board pursuant to sections 3.08(4), 3.08(5), 
4.01, and 4.12 of the Act. A licensee who is disciplined by the board for such a 
violation may be subject to the full range of actions authorized by the Act, 
including suspension or revocation of the physician's medical license, but in no 
event shall such action be less than an administrative penalty of $100 and a 
public reprimand. 
   
  <nl>(m) Unless exempted under the terms of this section, the license of a 
physician who has failed to obtain and report the 24 hours of Continuing Medical 
Education (CME) as required and provided for in this section shall not be 
renewed until such time as the required CME hours are obtained and reported. 
   
  <nl>(n) Administrative penalties for failure to timely obtain and report 
required CME hours may be determined by the Disciplinary Process Review 
Committee of the board as provided for in Section 187.39 of this title (relating 
to Administrative Penalties). 
   
  <nl>(o) Disciplinary actions, including an administrative penalty, for failure 
to obtain and report the required 24 hours of Continuing Medical Education (CME) 
for renewal of a license shall be in addition to any other applicable penalties 
for late registration or renewal as set forth in Section 175.2 of this title 
(relating to Penalties). 
   
  <nl>(p) Continuing Medical Education (CME) hours obtained after the date for 
license renewal, shall not be credited to meet the CME requirements for the 
following year even though obtained after the license expiration date. 
   
  <nl>(q)<ol>[(k)] Compliance with subsection (a) of this section will be 
required by January 1, 1995; all other provisions are effective upon final 
adoption of these rules. 
 
  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 November 29, 1994. 
 TRD-9451593 
  Bruce A. Levy, M.D., J.D. 
 Executive Director 
 Texas State Board of Medical Examiners 
    Earliest possible date of adoption: January 6, 1995 
 For further information, please call: (512) 834-7728 
         
             Chapter 173. Applications 
  
  22 TAC sec.173.1 
 
  The Texas State Board of Medical Examiners proposes an amendment to sec.173.1, 
concerning applications. The proposed amendment will delete titles of 
applications no longer being used by the board and add new titles to update the 
existing rules. 
 Tim Weitz, General Counsel, has determined there will be no fiscal implications 
as a result of enforcing or administering the section. 
 Tim Weitz also has determined that for each year of the first five years the 
section as proposed is in effect the public benefits anticipated as a result of 
enforcing the section as proposed will be clarification of the applications used 
by the Texas State Board of Medical Examiners. 
 There will be no anticipated economic cost to persons who are required to 
comply with the section as proposed. 
 Comments on the proposal may be submitted to Pat Wood, P.O. Box 149134, Austin, 
Texas 78714-9134. A public hearing will be held at a later time. 
 The amendment is proposed under Texas Civil Statutes, Article 4495b, which 
provide the Texas State board of Medical Examiners with the authority to make 
rules, regulations and bylaws not inconsistent with this act as may be necessary 
for the governing of its own proceedings, the performance of its duties, the 
regulation of the practice of medicine in this state, and the enforcement of 
this act. 
 Article 4495b, sec.2.09 is affected by this amendment. 
 
 
  sec.173.1. Applications. 
 
  (a) All information required on applications used by this board will conform 
to the Medical Practice Act and rules promulgated by this board. The board 
hereby adopts by reference the following forms: 
 
  (1)-(5) (No change.) 
   
  (6) <nl>licensure application for physician assistant<ol> [application for 
physician to supervise physician's assistant]; 
   
  (7)-(9) (No change.) 
   
  (10) <nl>licensure application for acupuncturist<ol> [application for 
physician to supervise acupuncturist]; 
   
  (11) (No change.) 
   
  <nl>(12) application for radiologic technologist permit; 
   
  <nl>(13) notice of intent to supervise a physician assistant; 
   
  <nl>(14) notice of intent to practice as a physician assistant; 
   
  <nl>(15) application for approval as a nonprofit health corporation; 
   
  <nl>(16) application for annual renewal of a physician assistant's license; 
   
  <nl>(17) application for annual renewal of an acupuncturist's license; and 
   
  <nl>(18) application for a physician assistant temporary license. 
     
  (b) These forms may be examined and copies may be obtained at the offices of 
the Texas State Board of Medical Examiners, <nl>1812 Centre Creek Drive, Suite 
300,<ol> [1101 Camino La Costa, Suite 201,] Austin, Texas. 
 
  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 November 29, 1994. 
 TRD-9451594 
  Bruce A. Levy, M.D., J.D. 
 Executive Director 
 Texas State Board of Medical Examiners 
    Earliest possible date of adoption: January 6, 1995 
 For further information, please call: (512) 834-7728 
         
             Chapter 175. Schedule of Fees and Penalties 
  
  22 TAC sec.175.1, sec.175.2 
 
  The Texas State Board of Medical Examiners proposes amendments to sec.175. 1 
and sec.175.2, concerning fees and penalties. The proposed amendments will 
update the board's fees for processing applications for various permits and 
licenses and penalties for late annual registration of acupuncturists and 
physician assistants. 
 Tim Weitz, General Counsel, has determined there will be fiscal implications as 
a result of enforcing or administering the section which will be offset by the 
fees charged. 
 Tim Weitz also has determined that for each year of the first five years the 
section as proposed is in effect the public benefits anticipated as a result of 
enforcing the section as proposed will be to clarify the fees charged for 
various permits and licenses. 
 The anticipated economic cost to persons who are required to comply with the 
section as proposed will vary according to the type of permit, license, or 
penalty. 
 Comments on the proposal may be submitted to Pat Wood, P.O. Box 149134, Austin, 
Texas 78714-9134. A public hearing will be held at a later time. 
 The amendments are proposed under Texas Civil Statutes, Article 4495b, which 
provide the Texas State board of Medical Examiners with the authority to make 
rules, regulations and bylaws not inconsistent with this act as may be necessary 
for the governing of its own proceedings, the performance of its duties, the 
regulation of the practice of medicine in this state, and the enforcement of 
this act. 
 Article 4495b, sec.2.09 is affected by these amendments. 
 
 
  sec.175.1. Fees. The board shall charge the following fees: 
 
  (1) <nl>physician<ol> annual registration-$300; 
   
  (2)-(11) (No change.) 
   
  (12) <nl>processing an application for licensure as a physician assistant-
$200<ol> [permit to supervise physician assistant -$50]; 
   
  (13) <nl>processing an application for licensure as an acupuncturist -$300<ol> 
[permit to supervise acupuncturist-$50]; 
   
  (14) (No change.) 
   
  (15) physician assistant <nl>annual renewal <ol> [registration-$75 per annum]-
<nl>$150<ol>; 
   
  (16) (No change.) 
   
  (17) faculty temporary license-$92 per annum <nl>;<ol>[.] 
   
  <nl>(18) processing an application for a temporary license for a physician 
assistant -$50; 
   
  <nl>(19) acupuncturist annual renewal-$250; 
   
  <nl>(20) processing an application for certification as a non-profit health 
organization-$2,500; 
   
  <nl>(21) processing an application for annual recertification as a non-profit 
health organization -$500. 
 
     
  sec.175.2. Penalties.  The board shall charge the following penalties: 
 
  (1) (No change.) 
   
  (2) renewal of physician's license expired for longer than 90 days but less 
than one year-$800<nl>; <ol>[.] 
   
  <nl>(3) renewal of physician assistant's license expired for 90 days or less-
$50; 
   
  <nl>(4) renewal of physician assistant's license expired for longer than 90 
days but less than one year-$100; 
   
  <nl>(5) renewal of acupuncturist's license expired for 90 days or less-$50; 
   
  <nl>(6) renewal of acupuncturist's license expired for longer than 90 days but 
less than one year-$100. 
 
  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 November 29, 1994. 
 TRD-9451595 
  Bruce A. Levy, M.D., J.D. 
 Executive Director 
 Texas State Board of Medical Examiners 
    Earliest possible date of adoption: January 6, 1995 
 For further information, please call: (512) 834-7728 
         
             Chapter 183. Acupuncturists 
  
  22 TAC sec.183.4, sec.183.19 
 
  The Texas State Board of Medical Examiners proposes an amendment to sec.183.4 
and new sec.183.19, concerning the practice of acupuncture. The proposed 
amendment to sec.183.4 will clarify that an acupuncture school approved by 
National Accreditation Commission for Schools and Colleges of Acupuncture and 
Oriental Medicine (NACSCAOM) may refer to itself as a college as long as it 
maintains NACSCAOM accreditation. The amendment will also change the requirement 
of at least 48 semester hours of preacupuncture training to 60 semester hours of 
preacupuncture training. New sec.183.19 will clarify the professional titles a 
licensed acupuncturist may use. 
 Tim Weitz, General Counsel, has determined there will be no fiscal implications 
as a result of enforcing or administering the section. 
 Tim Weitz also has determined that for each year of the first five years the 
section as proposed is in effect the public benefits anticipated as a result of 
enforcing the section as proposed will be clarification of existing board rules. 
 There will be no anticipated economic cost to persons who are required to 
comply with the section as proposed. 
 Comments on the proposal may be submitted to Pat Wood, P.O. Box 149134, Austin, 
Texas 78714-9134. A public hearing will be held at a later time. 
 The amendment and new section are proposed under Texas Civil Statutes, Article 
4495b, which provides the Texas State Board of Medical Examiners with the 
authority to make rules, regulations and bylaws not inconsistent with this act 
as may be necessary for the governing of its own proceedings, the performance of 
its duties, the regulation of the practice of medicine in this state, and the 
enforcement of this Act. 
 Article 4495b, Subchapter F is affected by the amendment and new section. 
 
 
  sec.183.4. Licensure. 
 
  (a) Licensure by examination from an acceptable, approved school of 
acupuncture. An applicant must present satisfactory proof to the acupuncture 
board that the applicant: 
 
  (1)-(2) (No change.) 
   
  (3) <nl>has successfully completed 60 semester hours of general academic 
college level courses, other than in acupuncture school, that are not remedial 
and would be acceptable at the time they were completed for credit on an 
academic degree at a two or four year institution of higher education within the 
United States accredited by an agency recognized by the Higher Education 
Coordinating Board or its equivalent in other states as a regional accrediting 
body. Substantially equivalent coursework completed as a part of a degree 
program in Oriental medicine granted by a school located outside the United 
States may be accepted by the board on a case-by-case evaluation; <ol> [has 
completed 48 semester hours of college courses other than in acupuncture school 
that would be acceptable, at the time they were completed, to the University of 
Texas at Austin for credit on a bachelor of arts or bachelor of science degree]; 
   
  (4)-(6) (No change.) 
     
  (b) Licensure by examination from an acceptable, unapproved school of 
acupuncture. An applicant must present satisfactory proof to the acupuncture 
board that the applicant: 
 
  (1)-(2) (No change.) 
   
  (3) <nl>has successfully completed 60 semester hours of general academic 
college level courses, other than in acupuncture school, that are not remedial 
and would be acceptable at the time they were completed for credit on an 
academic degree at a two or four year institution of higher education within the 
United States accredited by an agency recognized by the Higher Education 
Coordinating Board or its equivalent in other states as a regional accrediting 
body. Substantially equivalent coursework completed as a part of a degree 
program in Oriental medicine granted by a school located outside the United 
States may be accepted by the board on a case-by-case evaluation; <ol> [has 
completed 48 semester hours of college courses other than in acupuncture school 
that would be acceptable, at the time they were completed, to the University of 
Texas at Austin for credit on a bachelor of art or bachelor of science degree]; 
   
  (4)-(6) (No change.) 
     
  (c) Licensure by endorsement for graduates of acceptable approved and 
unapproved schools of acupuncture. An applicant, to be eligible for licensure by 
endorsement, must present satisfactory proof to the acupuncture board that the 
applicant: 
 
  (1)-(2) (No change.) 
   
  (3) <nl>has successfully completed 60 semester hours of general academic 
college level courses, other than in acupuncture school, that are not remedial 
and would be acceptable at the time they were completed for credit on an 
academic degree at a two or four year institution of higher education within the 
United States accredited by an agency recognized by the Higher Education 
Coordinating Board or its equivalent in other states as a regional accrediting 
body. Substantially equivalent coursework completed as a part of a degree 
program in Oriental medicine granted by a school located outside the United 
States may be accepted by the board on a case-by-case evaluation; <ol> [has 
completed 48 semester hours of college courses other than in acupuncture school 
that would be acceptable, at the time they were completed, to the University of 
Texas at Austin for credit on a bachelor of art or bachelor of science degree]; 
   
  (4)-(7) (No change.) 
     
  (d) Licensure by endorsement for graduates of unapproved foreign acupuncture 
schools. An applicant, to be eligible for licensure by endorsement, must: 
 
  (1)-(2) (No change.) 
   
  (3) <nl>has successfully completed 60 semester hours of general academic 
college level courses, other than in acupuncture school, that are not remedial 
and would be acceptable at the time they were completed for credit on an 
academic degree at a two or four year institution of higher education within the 
United States accredited by an agency recognized by the Higher Education 
Coordinating Board or its equivalent in other states as a regional accrediting 
body. Substantially equivalent coursework completed as a part of a degree 
program in Oriental medicine granted by a school located outside the United 
States may be accepted by the board on a case-by-case evaluation; <ol> [have 
completed 48 semester hours of college courses other than in acupuncture school, 
which courses would be acceptable, at the time of completion, to The University 
of Texas at Austin for credit on a bachelor of arts degree or a bachelor of 
science degree]; 
   
  (4)-(11) (No change.) 
     
  (e)-(h) (No change.) 
   
  <nl>(i) Approved Schools. A NACSCAOM approved acupuncture school may use the 
word college as a means of representation to the public as long as it maintains 
NACSCAOM accreditation. An approved school may not represent itself as a 
university. 
 
     
  sec.183.19. Use of Professional Titles. 
 
  (a) A licensee shall use the title "Licensed Acupuncturist," "Lic. Ac., " or 
"L. Ac.," alongside his/her name on any advertising or other materials visible 
to the public which pertain to the licensee's practice of acupuncture. Only 
persons licensed as an acupuncturist may use these titles. 
   
  (b) If a licensee uses any additional title or designation, it shall be the 
responsibility of the licensee to comply with the provisions of the Healing Art 
Identification Act, Texas Civil Statutes, Article 4590e. 
 
  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 November 29, 1994. 
 TRD-9451599 
  Bruce A. Levy, M.D., J.D. 
 Executive Director 
 Texas State Board of Medical Examiners 
    Earliest possible date of adoption: January 6, 1995 
 For further information, please call: (512) 834-7728 
         
             Chapter 185. Physician Assistants 
  
  22 TAC sec.sec.185.16, 185.18, 185.19, 185.23 
 
  The Texas State Board of Medical Examiners proposes amendments to sec.sec.185. 
16, 185.18, 185.19, and 185.23, concerning physician assistants. The proposed 
amendments will clarify the board rules regarding supervising physicians, 
grounds for denial of licensure and for disciplinary action, and notification 
regarding investigations. 
 Tim Weitz, General Counsel, has determined there will be no fiscal implications 
as a result of enforcing or administering the sections. 
 Tim Weitz also has determined that for each year of the first five years the 
sections as proposed are in effect the public benefits anticipated as a result 
of enforcing the sections as proposed will be to clarify existing rules, clarify 
the discretion of the Physician Assistant Advisory Council, and streamline the 
administrative process. 
 There will be no anticipated economic cost to persons who are required to 
comply with the sections as proposed. 
 Comments on the proposal may be submitted to Pat Wood, P.O. Box 149134, Austin, 
Texas 78714-9134. A public hearing will be held at a later time. 
 The amendments are proposed under Texas Civil Statutes, Article 4495b, which 
provide the Texas State Board of Medical Examiners with the authority to make 
rules, regulations and bylaws not inconsistent with this act as may be necessary 
for the governing of its own proceedings, the performance of its duties, the 
regulation of the practice of medicine in this state, and the enforcement of 
this Act. 
 Article 4495b-1 is affected by these amendments. 
 
 
  sec.185.16. Supervising Physician. <ol> To be authorized to supervise a 
physician assistant, a physician must: 
 
  (1) be currently licensed as a physician in this state by the board<nl>. The 
license must be unrestricted and active<ol>; 
   
  (2)-(4) (No change.) 
 
     
  sec.185.18. Exceptions.  Upon written application to the council with the 
approval of the board, the council may grant exceptions to its rules if such 
exceptions are <nl>compelling and<ol> in the best interest of the public. 
 
   
  sec.185.19. Grounds for Denial of Licensure and for Disciplinary Action.  The 
council may refuse to issue a license to any person and may, following notice of 
hearing and a hearing as provided for in the Administrative Procedure Act, take 
disciplinary action against any physician assistant who: 
 
  (1)-(7) (No change.) 
   
  (8) represents that the person is a physician; [or] 
   
  (9) has acted in an unprofessional or dishonorable manner which is likely to 
deceive, defraud, or injure any member of the public<nl>; or<ol> [.] 
   
  <nl>(10) professional failure to practice as a physician assistant in an 
acceptable manner consistent with public health and welfare. 
 
     
  sec.185.23. Investigations. 
 
  (a)-(g) (No change.) 
   
  <nl>(h) If a written complaint is filed with the council that the council has 
the authority to resolve, the council, at least as frequently as quarterly and 
until final disposition of the complaint, shall notify the parties to the 
complaint of the status of the complaint unless the notice would jeopardize an 
investigation. 
 
  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 November 29, 1994. 
 TRD-9451600 
  Bruce A. Levy, M.D., J.D. 
 Executive Director 
 Texas State Board of Medical Examiners 
    Earliest possible date of adoption: January 6, 1995 
 For further information, please call: (512) 834-7728 
         
             Chapter 187. Procedure 
  
  Subchapter D. Posthearing 
 
  22 TAC sec.187.39 
 
  The Texas State Board of Medical Examiners proposes an amendment to 
sec.187.39, concerning administrative penalties. The proposed amendment will set 
forth the penalty for failure to comply with the provisions of the board rules 
related to continuing medical education and complaint procedure notification. 
 Tim Weitz, General Counsel, has determined there will be fiscal implications as 
a result of enforcing or administering the section. The cost of implementation 
should be offset by the penalty fees collected and the more streamlined process 
for resolving relatively minor violations of the law. 
 Tim Weitz also has determined that for each year of the first five years the 
section as proposed is in effect the public benefits anticipated as a result of 
enforcing the section as proposed will be to expedite proper disciplinary action 
against those licensees who have not complied with statute and board rule, and 
minimize costs for the resolution of relatively minor violations of the law. 
 There will be economic cost to individuals who are assessed an administrative 
penalty of no more than $5,000 per violation. 
 Comments on the proposal may be submitted to Pat Wood, P.O. Box 149134, Austin, 
Texas 78714-9134. A public hearing will be held at a later time. 
 The amendment is proposed under Texas Civil Statutes, Article 4495b, which 
provide the Texas State Board of Medical Examiners with the authority to make 
rules, regulations and bylaws not inconsistent with this act as may be necessary 
for the governing of its own proceedings, the performance of its duties, the 
regulation of the practice of medicine in this state, and the enforcement of 
this Act. 
 Article 4495b, sec.4.125. 
 
 
  sec.187.39. Administrative Penalties. 
 
  (a)-(e) (No change.) 
   
  (f) Pursuant to the Medical Practice Act, sec.4.125 and subsection 4. 02(h), 
the board staff, with the approval of the Disciplinary Process Review Committee, 
may submit a proposed agreed order to a person licensed or regulated under the 
Medical Practice Act to resolve allegations of failure to release medical 
records as required by the Medical Practice Act, sec.5.08, or board rule, 
overcharging or overtreating as prohibited by the Medical Practice Act, 
sec.3.08(4)(G), the corporate practice of medicine as prohibited by the Medical 
Practice Act, sec.3.08(15), <nl>failure to comply with the complaint procedure 
notification requirements of the Medical Practice Act, sec.2.09(s)(2), and board 
rules, failure to timely obtain and report Continuing Medical Education (CME) 
hours required by board rule,<ol> or failure to timely comply with the 
provisions of a board order, so long as the person who is the subject of the 
allegations has not been previously disciplined by the board except in the case 
of an administrative penalty for untimely compliance with a board order, and so 
long as the administrative penalty is consistent with the following guidelines. 
 
  (1)-(3) (No change.) 
   
  <nl>(4) The failure to comply with the complaint procedure notification 
requirements shall be grounds for imposition of an administrative penalty of no 
less than $100 and no more than $5,000 for each separate violation. 
   
  <nl>(5) The failure to timely obtain and report Continuing Medical Education 
(CME) required by board rule shall be grounds for imposition of an 
administrative penalty of no less then $100 and no more than $5,000 for each 
separate violation. 
   
  <nl>(6)<ol>[(4)] Failure to timely comply with the terms, conditions, or 
requirements of a board order shall be grounds for imposition of an 
administrative penalty of no less than $100 and no more than $5,000 for each 
separate violation. 
     
  (g)-(l) (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 November 29, 1994. 
 TRD-9451615 
  Bruce A. Levy, M.D., J.D. 
 Executive Director 
 Texas State Board of Medical Examiners 
    Earliest possible date of adoption: January 6, 1995 
 For further information, please call: (512) 834-7728 
         
                   
  TITLE 28. INSURANCE 
 Part I. Texas Department of Insurance 
  Chapter 1. General Administration 
  
  Subchapter C. Maintenance Taxes and Fees 
 
  28 TAC sec.1.414 
 
  The Texas Department of Insurance will consider at a public hearing under 
Docket Number 2133 the proposed amended sec.1.414, concerning assessment of 
maintenance taxes and fees for payment in 1995. The public hearing will be held 
on January 9, 1995, at 9:00 a.m. in Room 100 of the Texas Department of 
Insurance Building located at 333 Guadalupe Street, Austin, Texas. The section 
is proposed to amend the method of assessment and to record the rates of 
assessment for maintenance taxes and fees for 1995 on the basis of gross premium 
receipts for calendar year 1994 or on some other designated basis. Section 1.414 
set rates of assessment and applies those rate to life, accident, and health 
insurance; motor vehicle insurance; casualty insurance, and fidelity, guaranty 
and surety bonds; fire insurance and allied lines, including inland marine; 
workers' compensation insurance; title insurance; health maintenance 
organizations; third party administrators; and corporations issuing prepaid 
legal services contracts. 
 Carroll Fuchs, Director of Accounting for the Department of Insurance, has 
determined that for the first five-year period the proposed section is in 
effect, there will be no fiscal implications for local government as a result of 
enforcing or administering the proposed amended section, and there will be no 
effect on local employment or local economy. The anticipated fiscal impact on 
state government is estimated income of $49,837,879 to the state's general 
revenue fund. 
 Mr. Fuchs also has determined that for each year of the first five years the 
proposed amended section is in effect, the public benefit anticipated as a 
result of enforcing the section will be facilitation in the collection of 
maintenance tax and fee assessments. Based on a cost-per-hour of labor basis, 
the cost of compliance for small businesses affected by the proposed section 
should be the same as the cost of compliance for large businesses. Actual 
reasonable costs for processing and administration may vary among persons 
required to comply with this proposed section, but should not exceed 5% of the 
amount assessed. 
 Comments on the proposal must be submitted in writing within 30 days after 
publication of the proposed section in the Texas Register to D. J. Powers, 
General Counsel and Chief Clerk, Mail Code #113-1C, Texas Department of 
Insurance, P.O. Box 149104, Austin, Texas 78714-9104. An additional copy of the 
comments should be submitted to Carroll Fuchs, Director of Accounting, Mail Code 
#108-3A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-
9104. 
 The amendment is proposed under the Insurance Code, Articles 4.17, 5.12, 5. 24, 
5.49, 5.68, 9.46, 21.07-6 sec.21, 23.08A, and 1.03A, and the Texas Health 
Maintenance Organization Act, article 20A.33, which provide authorization for 
the Texas Department of Insurance to assess maintenance taxes and fees for the 
lines of insurance and related activities specified in amended sec.1.414. 
Article 4.17 establishes a maintenance tax based on insurance premiums for life, 
accident, and health coverage and the gross considerations for annuity and 
endowment contracts. Article 5.12 establishes a maintenance tax based on 
insurance premiums for motor vehicle coverage. Article 5.24 establishes a 
maintenance tax based on insurance premiums for casualty insurance and fidelity, 
guaranty and surety bonds coverage. Article 5.49 establishes a maintenance tax 
based on insurance premiums for fire and allied lines coverage, including inland 
marine. Article 5.68 establishes a maintenance tax based on insurance premiums 
for workers' compensation coverage. Article 9.46 establishes a maintenance fee 
based on insurance premiums for title coverage. Article 21.07-6, sec.21 
establishes a maintenance tax based on the gross amount of administrative or 
service fees for third party administrators. Article 23. 08A establishes a 
maintenance tax based on gross revenue of corporations issuing prepaid legal 
service contracts. The Texas Health Maintenance Organization Act, sec.33 
(codified at the Insurance Code, Article 20A.33), establishes an annual tax 
based on the gross amounts of revenues collected for the issuance of health 
maintenance certificates or contracts. Article 1.03A authorizes the Commissioner 
of Insurance to adopt rules and regulations for the conduct and execution of the 
duties and functions of the Department as authorized by statute. 
 The following articles of the Insurance Code are affected by this rule: 
Articles 4.17, 5.12, 5.24, 5.49, 5.68, 9.46, 21.07-6 sec.21, 21.46, 21.54, and 
23.08A, and the Texas Health Maintenance Organization Act, sec.33 (codified at 
Article 20A.33). 
 
 
  sec.1.414. Assessment of Maintenance <nl>Taxes and Fees, 1995 [Tax, 1994]. 
 
  (a) The following rates for maintenance taxes <nl>and fees<ol> are assessed on 
gross premiums of insurers for [the] calendar year <nl>1994<ol> [1993] for the 
lines of insurance <nl>specified<ol> [as delineated] in this [section] <nl>as 
follows<ol>: 
 
  (1) for motor vehicle insurance, pursuant to the Insurance Code, Article 5.12, 
the rate is <nl>.068<ol> [.069] of 1.0%; 
   
  (2) for casualty insurance, and fidelity, guaranty and surety bonds, pursuant 
to the Insurance Code, Article 5.24, the rate is <nl>.319<ol> [.295] of 1.0%; 
   
  (3) for fire insurance and allied lines, including inland marine, pursuant to 
the Insurance Code, Article 5.49, the rate is <nl>.656<ol> [.606] of 1.0%; 
   
  (4) for workers' compensation insurance, pursuant to the Insurance Code, 
Article 5.68, the rate is <nl>.120 <ol> of [.386] 1.0%; 
   
  (5) for title insurance, pursuant to the Insurance Code, Article 9.46, the 
rate is <nl>.171<ol> [.187] of 1.0%. 
     
  (b) The rate for the maintenance tax to be assessed on gross premiums for 
[the] calendar year <nl>1994 <ol> [1993] for life, health, and accident 
insurance, pursuant to the Insurance Code, Article 4.17, is .040 [.040] of 1. 
0%. 
   
  (c) [The following rates] <nl>Rates<ol> for maintenance taxes are assessed for 
[the] calendar year <nl>1994<ol> [1993] for the <nl>following<ol> 
entities:[specified:] 
 
  (1) [For health maintenance organizations pursuant]  <nl>Pursuant<ol> to the 
Texas Health Maintenance Organization Act, sec.33 (codified at the Insurance 
Code, Article 20A.33), the rate is <nl>$.61<ol> [$.62] per enrollee for single 
service health maintenance organizations and <nl>$1.22<ol> [$1.23] per enrollee 
for multi-service health maintenance organizations; 
   
  (2) [For third party administrators pursuant] <nl>Pursuant <ol> to the 
Insurance Code, Article 21. 07-6 sec.21, the rate is <nl>.235<ol> [.222] of 1.0% 
of the correctly reported gross amount of administrative or service fees for 
third party administrators; and 
   
  (3) [For corporations issuing prepaid legal service contracts, pursuant] 
<nl>Pursuant<ol> to the Insurance Code, Article 23.08, the rate is  <nl>1.0<ol> 
[1.0%] of correctly reported gross revenues  <nl>for corporations issuing 
prepaid legal service contracts<ol>. 
     
  (d) The taxes assessed under subsections (a), (b), and (c) of this section 
shall be payable and due to the Comptroller of Public Accounts, Austin, Texas 
78774-0100 on March 1,  <nl>1995<ol> [1994]. 
 
  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 November 30, 1994. 
 TRD-9451639 
  D. J. Powers 
 Chief Clerk and General Counsel 
 Texas Department of Insurance 
    Earliest possible date of adoption: January 6, 1995 
 For further information, please call: (512) 463-6327 
         
           
  28 TAC sec.1.415 
 
  The Texas Department of Insurance will consider at a public hearing under 
Docket Number 2134 the proposed amended sec.1.415, concerning assessment of a 
maintenance tax surcharge which will be used to service the bond debt for the 
Texas Workers' Compensation Insurance Fund. The public hearing will be held on 
January 9, 1995, at 9:00 a.m. in Room 100 of the Texas Department of Insurance 
Building located at 333 Guadalupe Street, Austin, Texas. The section is proposed 
to amend the method of assessment and to change the rate of assessment for taxes 
due in 1995 on the basis of gross premium receipts for calendar year 1994. The 
Texas Workers' Compensation Commission annually establishes and certifies to the 
comptroller of public accounts the rate of assessment for the maintenance taxes 
which are authorized to pay the cost of administering the Texas Workers' 
Compensation Act. The Commissioner of Insurance may increase the Texas Workers' 
Compensation Commission tax rate to a rate sufficient to pay all debt service on 
the bonds issued on behalf of the Texas Workers' Compensation Insurance Fund, 
subject to the maximum rate established by Texas Civil Statutes, Article 8308-
2.22. The proposed section amends the rate of assessment which applies to 
workers' compensation insurance companies. Timely and accurate payment of 
maintenance taxes is necessary for support of regulatory functions. 
 Carroll Fuchs, Director of Accounting for the Department, has determined that 
for the first five-year period the proposed section is in effect, there will be 
no fiscal implications for local government as a result of enforcing or 
administering the section, and there will be no effect on local employment or 
the local economy. The anticipated fiscal impact on state government is 
estimated income of $18,744,703 generated from the maintenance tax surcharge 
which will be used to pay bond debt service for $300 million in bonds issued in 
1991 by the Texas Public Finance Authority on behalf of the Texas Workers' 
Compensation Insurance Fund. 
 Mr. Fuchs also has determined that for each year of the first five years the 
proposed amended section is in effect, the public benefit anticipated as a 
result of enforcing the section will be the facilitation in the collection of a 
maintenance tax surcharge assessment for the Texas Workers' Compensation 
Insurance Fund. Based on a cost-per-hour of labor basis, the cost of compliance 
for small businesses affected by the proposed section should be the same as the 
cost of compliance for large businesses. Actual reasonable costs for processing 
and administration may vary among persons required to comply with this proposed 
section, but should not exceed 5.0% of the amount assessed. 
 Comments on the proposal must be submitted in writing within 30 days after 
publication of the proposed section in the Texas Register to D. J. Powers, 
General Counsel and Chief Clerk, Mail Code #113-1C, Texas Department of 
Insurance, P.O. Box 149104, Austin, Texas 78714-9104. An additional copy of the 
comments should be submitted to Carroll Fuchs, Director of Accounting, Mail Code 
#108-3A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-
9104. 
 The amendment is proposed under the Insurance Code, Articles 5.76-3, 5.76-5, 
5.68 and 1.03A and Texas Civil Statutes, Articles 8308-2.22, 8308-2.23 and 8308-
11.09. The Insurance Code, Article 5.76-3 establishes the Texas Workers' 
Compensation Insurance Fund. Article 5.76-5 establishes the maintenance tax 
surcharge. Article 5.68 establishes the maintenance tax based on premiums for 
workers' compensation coverage. Article 1.03A authorizes the Commissioner of 
Insurance to adopt rules and regulations for the conduct and execution of the 
duties and functions of the Department as authorized by statute. Texas Civil 
Statutes, Articles 8308-2.22, 8308-2.23, and 8308-11.09 establish the 
maintenance tax for workers' compensation insurance companies. 
 The following Texas statutes are affected by this rule: Insurance Code, 
Articles 5.12, 5.55C, 5.68, 5.76-3, 5.76-5, 21.46, and 21.54 and Texas Civil 
Statutes, Articles 8308-2.22, 8308-2.23, and 8308-11.09. 
 
 
  sec.1.415. Maintenance Tax Surcharge for the Texas Workers' Compensation 
Insurance Fund, <nl>1995 [1994]. 
 
  (a) The maintenance tax surcharge is levied against each insurance company 
writing workers' compensation insurance in this state at the rate of 
<nl>.54%<ol> [1.2083%] of the correctly reported gross workers' compensation 
insurance premiums for the calendar year <nl>1994 <ol> [1993] to cover debt 
service for bonds issued on behalf of the Texas Workers' Compensation Insurance 
Fund. 
   
  (b) The maintenance tax surcharge shall be payable and due to the Comptroller 
of Public Accounts, Austin, Texas 78774-0100 on March 1, <nl>1995<ol> [1994]. 
 
  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 November 30, 1994. 
 TRD-9451640 
  D. J. Powers 
 Chief Clerk and General Counsel 
 Texas Department of Insurance 
    Earliest possible date of adoption: January 6, 1995 
 For further information, please call: (512) 463-6327 
         
             
  Subchapter H. Annual Reports, Examination, and Assessments 
 
  28 TAC sec.1.718 
 
  The Texas Department of Insurance will consider at a public hearing under 
Docket Number 2136 the proposed amended sec.1.718 concerning the general 
administrative expense assessment of insurance premium finance companies for 
calendar year 1994. The public hearing will be held on January 9, 1995, at 9: 00 
a.m. in Room 100 of the Texas Department of Insurance Building located at 333 
Guadalupe Street, Austin, Texas. This section is amended to provide a rate of 
assessment sufficient to meet the expenses of performing the department's 
statutory responsibilities for examining, investigation, and regulating 
insurance premium finance companies. Under sec.25.718, the department will levy 
a rate of assessment to cover fiscal year 1995's general administrative expense 
and will collect from each insurance premium finance company on the basis of a 
percentage of total loan dollar volume for the 1994 calendar year. 
 Carroll Fuchs, Director of Accounting for the Department, has determined that 
for the first five-year period the proposed section will be in effect, the 
fiscal impact equivalent on state government will be income estimated at 
$378,132 to the state's general revenue fund. There is no fiscal implication for 
local government or employment or the local economy as a result of enforcing or 
administering the proposed amended section. 
 Mr. Fuchs also has determined that for each year of the first five years the 
proposed amended section is in effect, the public benefit anticipated as a 
result of enforcing the section is the facilitation in the collection of an 
assessment to cover the general administrative expense connected to the 
regulation of insurance premium finance companies. The cost to persons required 
to comply with this section is equivalent between small businesses and large 
businesses on a basis of cost per dollar of loan volume. The minimum cost for 
compliance based on assessment under the section is $250. Cost of administration 
or processing of such assessments may vary from company to company, depending on 
individual procedures, but the reasonable cost of administration and processing 
should be no greater than 5.0% of the assessment. 
 Comments on the proposal to be considered by the Commissioner of Insurance must 
be submitted in writing within 30 days after publication of the proposed section 
in the Texas Register to D. J. Powers, General Counsel and Chief Clerk, Mail 
Code #113-1C, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 
78714-9104. An additional copy of the comments should be submitted to Carroll 
Fuchs, Director of Accounting, Mail Code #108-3A, Texas Department of Insurance, 
P.O. Box 149104, Austin, Texas 78714-9104. 
 The amendment is proposed under the Insurance Code, Articles 24.06(c), 24. 09, 
and 1.03A. Article 24.06(c) provides that each insurance premium finance company 
licensed by the Department shall pay an amount assessed by the Department to 
cover the direct and indirect cost of examinations and investigations and a 
proportionate share of general administrative expense attributable to regulation 
of insurance premium finance companies. Article 24. 09 authorizes the Department 
to adopt and enforce rules necessary to carry out provisions of the Insurance 
Code concerning the regulation of insurance premium finance companies. Article 
1.03A provides the Commissioner of Insurance with authority to adopt rules and 
regulations for the conduct and execution of the duties and functions of the 
Department. 
 The following articles of the Insurance Code are affected by this rule: 
Articles 24.05, 24.06, 24.08, 24.09, and 24.10. 
 
 
  sec.1.718. General Administrative Expense Assessment for Calendar Year 
<nl>1994 [1993.] <ol> On or before April 1, <nl>1995<ol> [1994], each insurance 
premium finance company holding a license issued during <nl>1994 <ol> [1993] by 
the Texas Department of Insurance pursuant to the Insurance Code, Chapter 24, 
shall pay an assessment made by the <nl>Department<ol> [department] to cover the 
general administrative expenses attributable to the regulation of insurance 
premium finance companies. Payment shall be made to the Texas Department of 
Insurance, Examinations Division, Mail Code <nl>#305-2E<ol> [#303-3A], 333 
Guadalupe Street, Austin, Texas 78701. The assessment to cover general 
administrative expenses shall be computed and paid as follows: 
 
  (1) The amount of the assessment shall be computed as <nl>.01638 <ol>[. 0150] 
of 1.0% of the total loan dollar volume of the company for the calendar year 
<nl>1994<ol> [1993]; or, 
   
  (2) (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 November 30, 1994. 
 TRD-9451642 
  D. J. Powers 
 Chief Clerk and General Counsel 
 Texas Department of Insurance 
    Earliest possible date of adoption: January 6, 1995 
 For further information, please call: (512) 463-6327 
         
               Chapter 7. Corporate and Financial Regulation 
  
  Subchapter J. Examination Expenses and Assessments 
 
  28 TAC sec.7.1012 
 
  The Texas Department of Insurance will consider at a public hearing under 
Docket Number 2135 the proposed amended sec.7.1012, concerning assessments to 
cover the expenses of examining insurance companies. The public hearing will be 
held on January 9, 1995 at 9:00 a.m. in Room 100 of the Texas Department of 
Insurance Building located at 333 Guadalupe Street, Austin, Texas. Assessments 
will be levied against and collected from each domestic insurance company based 
on admitted assets and gross premium receipts for the 1994 calendar year, and 
from each foreign insurance company examined during the 1995 calendar year based 
on a percentage of the gross salary paid to an examiner for each month or part 
of a month during which the examination is made. The assessments made under 
authority of this proposed amended section will be additional to, and not in 
lieu of, any other charge which may be made under law, including the Insurance 
Code, Article 1.16. 
 Carroll Fuchs, Director of Accounting for the Department, has determined that 
for the first five-year period the section is in effect, there will be no fiscal 
implications for local government as a result of enforcing or administering the 
section, and there will be no effect on local employment or the local economy. 
The anticipated fiscal impact on state government is estimated income of 
$10,327,328 to the state's general revenue fund. 
 Mr. Fuchs also has determined that for each year of the first five years the 
rule as proposed is in effect the public benefit anticipated as a result of 
enforcing the section will be the adoption of assessment rates to defray the 
expenses of examinations and administration of the laws related to examinations 
during the 1995 calendar year. Mr. Fuchs has determined that the direct economic 
cost to persons who are required to comply with the proposed section will vary, 
depending on the amount of assessment against each company. In the case of 
domestic companies, this is dependent on rates applied to 1994 admitted assets 
and gross premium receipts. In the case of foreign insurers, it will depend on 
whether the company is examined by Texas examiners, on the salary and expenses 
of the examiners, and on the time it takes for the examination. There will be no 
difference in rates of assessments between small and large businesses, except 
that a minimum charge of $25.00 is proposed to be assessed for domestic 
companies in this proposal. Based on a cost-per-hour of labor basis, the cost of 
compliance for small businesses affected by the proposed section should be the 
same as the cost of compliance for large businesses. Actual reasonable costs for 
processing and administration may vary among persons required to comply with 
this proposed section, but should not exceed 5.0% of the amount assessed. 
 Comments on the proposal must be submitted in writing within 30 days after 
publication of the proposed section in the  Texas Register to D. J. Powers, 
General Counsel and Chief Clerk, Mail Code #113-1C, Texas Department of 
Insurance, P.O. Box 149104, Austin, Texas 78714-9104. An additional copy of the 
comment should be submitted to Carroll Fuchs, Director of Accounting, Mail Code 
#108-3A, Texas Department of Insurance, P.O. Box 149014, Austin, Texas 78714-
9104. 
 The amendment is proposed under the Insurance Code, Articles 1.16 and 1.03A. 
The Insurance Code, Article 1.16(a) and (b) authorizes the Commissioner of 
Insurance to make assessments necessary to cover the expenses of examining 
insurance companies and to comply with the provisions of the Insurance Code, 
Articles 1.16, 1.17, and 1.18, in such amounts as the Commissioner certifies to 
be just and reasonable. In addition, Article 1.16(c) provides that expenses 
incurred in the examination of foreign insurers by Texas examiners shall be 
collected by the Commissioner by assessment. Article 1.03A authorizes the 
Commissioner of Insurance to adopt rules and regulations for the conduct and 
execution of the duties and functions of the department as authorized by 
statute. 
 The following articles of the Insurance Code are affected by this rule: 
Articles 1.16, 1.17, 1.17A, 1.18, 1.19, 1.28, 4.10 and 4.11. 
 
 
  sec.7.1012. Domestic and Foreign Insurance Company Examination Assessments, 
<nl>1995 [1994.] 
 
  (a) Foreign insurance companies examined during the  <nl>1995<ol> [1994] 
calendar year shall pay for examination expenses according to the overhead rate 
of assessment specified in this subsection in addition to all other payments 
required by law including, but not limited to, the Insurance Code, Article 1.16. 
Each foreign insurance company examined shall pay <nl>34<ol>% [34%] of the gross 
salary paid to each examiner for each month or partial month of the examination 
in order to cover the examiner's longevity pay; state contributions to 
retirement, social security, and the state paid portion of insurance premiums; 
and vacation and sick leave accruals. The overhead assessment will be levied 
with each month's billing. 
   
  (b) Domestic insurance companies shall pay according to this subsection and 
rates of assessment herein for examination expensed as provided in the Insurance 
Code, Article 1.16. 
 
  (1) The actual salaries and expenses of the examiners allocable to such 
examination shall be paid. The annual salary of each examiner is to be divided 
by the total number of working days in a year, and the company is to be assessed 
the part of the annual salary attributable to each working day the examiner 
examines the company during <nl>1995<ol> [1994]. The expenses assessed shall be 
those actually incurred by the examiner to the extent permitted by law. 
   
  (2) An overhead assessment to cover administrative departmental expenses 
attributable to examination of companies, which shall be paid and computed as 
follows: 
 
  (A) <nl>.00642<ol> [0.00703] of 1.0% of the admitted assets of the company as 
of December 31,  <nl>1994<ol> [1993], upon the corporations or associations to 
be examined taking into consideration the annual admitted assets that are not 
attributable to 90% of pension plan contracts as defined in the Internal Revenue 
Code of 1986, sec.818(a) (26 United States Code, sec.818(a)); and 
   
  (B) <nl>.01626<ol> [0.01642] of 1.0% of the gross premium receipts of the 
company for the year <nl>1994<ol> [1993], upon the corporations or associations 
to be examined taking into consideration the annual premium receipts that are 
not attributable to 90% of pension plan contracts as defined in the Internal 
Revenue Code of 1986, sec.818(a) (26 United States Code, sec.181(a)). 
     
  (3)-(5) (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 November 30, 1994. 
 TRD-9451641 
  D. J. Powers 
 Chief Clerk and General Counsel 
 Texas Department of Insurance 
    Earliest possible date of adoption: January 6, 1995 
 For further information, please call: (512) 463-6327 
         
                     
  TITLE 30. ENVIRONMENTAL QUALITY 
 Part I. Texas Natural Resource Conservation Commission 
  Chapter 330. Municipal Solid Waste 
  
  Subchapter Q. Memoranda of Understanding and Joint Rules with Other Agencies 
 
  30 TAC sec.330.735 
 
  The Texas Natural Resource Conservation Commission (the commission) proposes 
new sec.330.735, concerning a Memorandum of Understanding (MOU) between the 
commission and the Texas Department of Health (herinafter agencies) . The MOU 
concerns the jurisdictions and responsiblities of the respective agencies with 
regard to the treatment, storage, processing, and/or disposal of special wastes 
from health care-related facilities. The commission (successor agency to the 
Texas Water Commission) and the Texas Department of Health have completed 
discussions to interpret their respective jurisdictions and understanding 
regarding the treatment, handling, storage, processing and/or disposal of 
special wastes from health care-related facilities. The agencies discussed their 
respective rules concerning special waste from health care-related facilities, 
and concluded that clarification of their jurisdiction and understanding 
concerning special waste from health care-related facilities was necessary to 
avoid duplication of efforts by the agencies, to inform the general public and 
affected industries, and to promote efficient administration. Treatment 
processes for special waste from health care-related facilities are being 
steadily developed so that such waste may be appropriately treated and disposed 
of without harming public health and safety. Therefore, the agencies agreed to 
interpret their respective jurisdictions and understanding regarding special 
wastes from health care-related facilities in an MOU. 
 Stephen Minick, Division of Budget and Planning, has determined that, for the 
first five years this section as proposed is in effect, there will be no fiscal 
implications as a result of enforcement and administration of the section. No 
net fiscal effects on state or local government are anticipated. 
 Mr. Minick also has determined that, for the first five years this section as 
proposed is in effect, the public benefit anticipated as a result of 
administration of and compliance with the section will be more efficient 
administration of the programs for the management of wastes from health care 
facilities, reductions in potential duplication of effort and clarification of 
regulatory requirements for affected entities. There will be no effect on small 
businesses. There are no anticipated economic costs for any person required to 
comply with this section as proposed. 
 Comments on the proposal may be submitted to Dr. Patricia Riley, Industrial and 
Hazardous Waste, Waste Evaluation Section, Texas Natural Resource Conservation 
Commission, Building F, 12015 North Interstate 35, Austin, Texas 78753. Comments 
will be accepted for 30 days after the date of publication in the Texas 
Register. 
 The new section is proposed under the Texas Health and Safety Code, Chapter 
361, which provides the commission all powers necessary and convenient under the 
chapter to carry out its responsibilities concerning the regulation and 
management of municipal solid waste. 
 The new section affects Health and Safety Code, Chapter 361. 
 
 
  sec.330.735. Memorandum of Understanding between the Texas Natural Resource 
Conservation Commission and the Texas Department of Health concerning Special 
Wastes from Health Care-Related Facilities. 
 
  (a) Authority concerning special wastes from health care-related facilities. 
Texas Natural Resource Conservation Commission (TNRCC) and the Texas Department 
of Health (TDH), hereinafter "agencies," agree that pursuant to Water Code, 
sec.5.012; Health and Safety Code, Chapter 361; and Health and Safety Code, 
sec.sec.12.001, 12.032, 81.081-81.092, 142.012, 241.026, 243.009, 244.009, 
245.009, 245.010, 694.001, and 773.050, both agencies possess authority 
regarding special waste from health care-related facilities. The agencies also 
agree that special expertise resides in each agency related to its area of 
authority and responsibility. The Texas Natural Resource Conservation Commission 
possesses authority over the treatment, handling, storage, processing and/or 
disposal of these wastes, including enforcement authority. The Texas Department 
of Health possesses authority over the approval of methods for the treatment of 
special waste from health care-related facilities, identifying entities that are 
subject to its approval provisions and the orderly application of its approval 
provisions to the covered entities. 
   
  (b) Understanding concerning special waste from health care-related 
facilities. 
 
  (1) The Texas Natural Resource Conservation Commission will: 
 
  (A) keep the Texas Department of Health informed of any need to amend the 
Texas Natural Resource Conservation Commission rules related to special waste 
from health care-related facilities, and, if needed, will work closely with the 
Texas Department of Health to revise its rules; 
   
  (B) inform the Texas Department of Health of all treatment technologies, 
equipment or processes that fail to meet the Department of Health's Performance 
Stands; 
   
  (C) notify the Texas Department of Health concerning formal enforcement 
actions that involve treatment technologies, equipment or processes; 
   
  (D) allow the Texas Department of Health's approved methods for the treatment 
of special waste from health care-related facilities to be used to process said 
waste in Municipal Solid Waste Type V facilities; 
   
  (E) allow special waste from health care-related facilities that have been 
treated by a Texas Department of Health approved process to be disposed of at 
Municipal Solid Waste Type I facilities; and 
   
  (F) apply the Texas Department of Health's standards for special waste from 
health care-related facilities. 
     
  (2) The Texas Department of Health will: 
 
  (A) keep the Texas Natural Resource Conservation Commission informed of any 
need to amend the Texas Department of Health Rules for Special Waste from Health 
Care-Related Facilities, and, if needed, will work closely with the Texas 
Natural Resource Conservation Commission to revise its rules; 
   
  (B) provide the Texas Natural Resource Conservation Commission with a listing 
of the approved alternative treatment technologies by manufacturer, model 
identification, and other specifics as needed; 
   
  (C) upon request, provide the Texas Natural Resource Conservation Commission 
with documentation provided by the manufacturers of commercially-available 
technologies, equipment, or processes approved for the treatment of special 
waste from health care-related facilities; and 
   
  (D) provide the Texas Natural Resource Conservation Commission with a listing 
of the waste categories that may be treated with each approved alternative 
technology. 
       
  (c) Disclaimer. This Memorandum of Understanding is being entered into by the 
the Texas Natural Resource Conservation Commission and the Texas Department of 
Health, and is not intended to affect the jurisdiction of any other governmental 
entities. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt. 
 Issued in Austin, Texas, on November 29, 1994. 
 TRD-9451609 
  Mary Ruth Holder 
 Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Earliest possible date of adoption: January 6, 1995 
 For further information, please call: (512) 239-6087 
         
                   
  TITLE 31. NATURAL RESOURCES AND CONSERVATION 
 Part II. Texas Parks and Wildlife Department 
  Chapter 59. Parks 
  
  Caprock Canyons State Park Auodad Sheep Management Proclamation 
 
  31 TAC sec.sec.59.271-59.279 
 
  (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 Parks 
and Wildlife Department or in the Texas Register office, Room 245, James Earl 
Rudder Building, 1019 Brazos Street, Austin.) 
   
  The Texas Parks and Wildlife Department proposes the repeal of sec.sec.59. 
271-59.279, concerning Caprock Canyons State Park Auodad Sheep Management 
Proclamation. The Parks and Wildlife Commission adopted amended sec.sec.65.190-
65. 194 published in the March 24, 1994, of the Texas Register  (19 TexReg 
3942), which included Caprock Canyons State Park in those areas regulated under 
the Public Hunting Lands Proclamation. Inclusion of Caprock Canyons State Park 
in the Public Hunting Lands Proclamation negates the need for a separate 
proclamation regarding Caprock Canyons State Park. 
 Robin Riechers, staff economist, has determined that for the first five-year 
period the repeals are in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the repeals. 
 Mr. Riechers also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of enforcing 
the repeals as proposed will permit appropriate take of fisheries and wildlife 
resources consistent to maintain viable populations. It is anticipated there 
will be no further fiscal implications to persons who are required to comply 
with the repeals as proposed. 
 The department has not filed a local impact statement with the Texas Employment 
Commission as required by the Administrative Procedure Act, sec.2001. 022, as 
this agency has determined that the repeals as proposed will not impact local 
economies. 
 Comments on the proposal may be submitted to Herb Kothmann, Public Hunting 
Lands Program Leader, Texas Parks and Wildlife Department, 4200 Smith School 
Road, Austin, Texas, 78744, (512) 389-4971 or 1-800-792-1112, extension 4971. 
 The repeals are proposed under Parks and Wildlife Code, Chapter 61, Uniform 
Wildlife Regulatory Act (Wildlife Conservation Act of 1983), which provides the 
Parks and Wildlife Commission with authority to establish wildlife resource 
regulations for this state. 
 The Parks and Wildlife Code, sec.61.052 is affected by the proposed repeals. 
 
 
  sec.59.271. Application. 
 
   
  sec.59.272. Definitions. 
 
   
  sec.59.273. Means and Methods. 
 
   
  sec.59.274. Hunting from Vehicle. 
 
   
  sec.59.275. Hunting Permits. 
 
   
  sec.59.276. Checking Game. 
 
   
  sec.59.277. Open Season and Bag Limit. 
 
   
  sec.59.278. General Provisions. 
 
   
  sec.59.279. Penalties. 
 
  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 November 28, 1994. 
 TRD-9451482 
  Paul M. Shinkawa 
 Acting Legal Counsel 
 Texas Parks and Wildlife Department 
    Earliest possible date of adoption: January 6, 1995 
 For further information, please call: 1-800-792-1112, Ext. 4433 or (512) 389-
4433 
         
                 
  TITLE 37. PUBLIC SAFETY AND CORRECTIONS 
 Part I. Texas Department of Public Safety 
  Chapter 23. Vehicle Inspection 
  
  Parameter Vehicle Emission Inspection and Maintenance Program 
 
  37 TAC sec.23.91, sec.23.92 
 
  (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 
Department of Public Safety or in the Texas Register office, Room 245, James 
Earl Rudder Building, 1019 Brazos Street, Austin.) 
   
  The Texas Department of Public Safety proposes the repeal of sec.23.91 and 
sec.23.92 concerning Parameter Vehicle Emission Inspection and Maintenance 
Program. The department is proposing repeal of these sections due to the Texas 
Natural Resource Conservation Commission (TNRCC) assuming responsibility for 
administering vehicle emissions inspections. 
 Tom Haas, Chief of Finance, has determined that for the first five years the 
repeals are in effect there will be no fiscal implications for state or local 
governments as a result of enforcing or administering the sections. This 
function has not been eliminated. It has been transferred to a different state 
agency. Therefore, there will be no statewide fiscal implications. 
 Mr. Haas also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of enforcing 
the repeals will be to make the public aware that the parameter vehicle emission 
inspection and maintenance program will no longer be administered by the Texas 
Department of Public Safety. There is no anticipated economic cost to persons 
who are required to comply with the proposed sections. 
 Comments on the proposal may be submitted to John C. West, Jr., Chief of Legal 
Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0001, 
(512) 465-2890. 
 The repeals are proposed pursuant to Texas Civil Statutes, Article 6701d, 
sec.142(c)(1) and (h) and Texas Government Code, sec.411.006(4) which provides 
the Texas Department of Public Safety with the authority to adopt rules 
necessary for the administration and enforcement of Article XV of this Act. The 
Director, subject to commission approval, shall adopt rules considered necessary 
for the control of the department. 
 Texas Civil Statutes, Article 6701d, sec.142(c)(1) and (h) and Texas Government 
Code, sec.411.006(4) are affected by the proposed repeal. 
 
 
  sec.23.91. Parameter Vehicle Emission Inspection and Maintenance Program. 
 
   
  sec.23.92. Vehicle Idle Emissions Inspection and Maintenance Program. 
 
  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 November 23, 1994. 
 TRD-9451565 
  James R. Wilson 
 Director 
 Texas Department of Public Safety 
    Earliest possible date of adoption: January 6, 1995 
 For further information, please call: (512) 465-2890