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 XIV. Texas Board of Veterinary Medical Examiners Chapter 573. Rules of Professional Conduct Other Provisions 22 TAC sec.573.65 The Texas Board of Veterinary Medical Examiners is proposing an amendment to sec.573.65, concerning Definitions. The amendment includes a definition for animal reproduction as cited in the Veterinary Licensing Act, sec.2A(a), Article 8890, and removal of the definition for pregnancy testing. Ron Allen, Executive Director of the Board, has determined that this amendment will have no fiscal implications for state or local government as a result of enforcing or administering the rule. Mr. Allen also has determined that for each year of the first five years the section is in effect the public benefit will be to clarify what portions of animal reproduction and obstetrics are considered the practice of veterinary medicine and require veterinary involvement. Adequate data is not available to anticipate the economic costs to persons required to comply with the rule as proposed. Comments concerning this amendment must be received by January 23, 1995, and may be addressed to Ron Allen, Executive Director, Texas Board of Veterinary Medical Examiners, 1946 South IH-35, Suite 306, Austin, Texas 78704, (512) 447- 1183, Fax: (512) 442-3443. The amendment is proposed under Texas Civil Statutes, Article 8890, sec.7(a), which provide the Texas Board of Veterinary Medical Examiners with the authority to make, alter, or amend such rules and regulations as may be necessary or desirable to carry into effect the provisions of this Act. This amendment affects sec.2A(a) of the Veterinary Licensing Act, Article 8890, which defines veterinary medicine, and includes veterinary reproduction and obstetrics. sec.573.65. Definitions. The following words and terms shall have the following meanings unless context clearly indicates otherwise. Reproductive activities - (A) The following reproductive activities in animals constitute the practice of veterinary medicine: (i) obtaining, possessing or administering prescription/legend drugs without a valid prescription in an appropriately labeled container dispensed or ordered delivered by a licensed veterinarian; (ii) surgical invasion, including laparoscopy and surgical entry into the lumen of uterus; (iii) palpation to determine state of reproductive health; (iv) making any diagnosis or prognosis of an animal's reproductive health by any examination except gross observation of the animal. (B) The following activities are not considered the practice of veterinary medicine regarding animal reproduction: (i) rectal palpation to determine pregnancy or as is required to perform any of the following procedures; (ii) determining semen quality utilizing the criteria of morphology and motility of spermatozoa; (iii) collection of sperm by use of an artificial vagina or electro- ejaculator; (iv) freezing or thawing of sperm; (v) transcervical introduction of sperm by pipette; (vi) dilation of donor and recipient through use of cervical dilation rod; (vii) collection of embryos in uterine horn through cervix of donor; (viii) loading of embryo into a straw in collection apparatus; (ix) transfer of embryo to recipient; (x) administration of over-the-counter drugs to donor and/or recipient; (xi) sterilization of instruments used in any of the above procedures. [Pregnancy Testing: (Article 8890, sec.2D(11))-Pregnancy testing is the diagnosis of the physical condition of pregnancy by any method other than the gross visual observation of the animal.] 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 December 28, 1994. TRD-9452885 Ron Allen Executive Director Texas Board of Veterinary Medical Examiners Proposed date of adoption: February 8, 1995 For further information, please call: (512) 447-1183 TITLE 25. HEALTH SERVICES Part II. Texas Department of Mental Health and Mental Retardation Chapter 409. Medicaid Programs 25 TAC sec.409.31 Subchapter B. Contract Appeals (Editor's Note: Due to technical problems the following proposals were omitted from the December 30, 1994, issue of the Texas Register. The proposals were filed in conjunction with the Texas Department of Human Services 40 TAC, Part I.) (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 Mental Health and Mental Retardation or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Department of Mental Health and Mental Retardation (TXMHMR) proposes the repeal of sec.sec.409.31 of Chapter 409, Subchapter B, concerning contract appeals. The section would be replaced by new sec.409.031, which is contemporaneously proposed for public comment in this issue of the Texas Register. This action affects the Texas Human Resources Code sec.22.002 and sec.32.001-32.040 and Texas Civil Statutes, Article 4413(502) s16. The proposed repeal would allow for the proposal of a new section which would make the provisions of the subchapter apply to all Medicaid programs administered by the Texas Department of Mental Health and Mental Retardation. Leilani Rose, director, Financial Services, has determined that for the first five-year period the rules would be in effect there would be no additional fiscal cost to state or local government. There will be no significant local economic impact. Ernest McKenney, director, Medicaid Administration, has determined that for each of the first five years the new section is in effect the public benefit anticipated as a result of enforcing the section will be having a single set of guidelines for all Medicaid programs to governing contract appeals. There will be no effect on small businesses. There is no anticipated economic costs to individuals who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Linda Logan, director, Policy Development, Texas Department Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, within 30 days of publication. The repeal is proposed under the Texas Health and Safety Code, Title 7, sec.532.015, which provides the Texas Board of Mental Health and Mental Retardation with rulemaking powers; and under the provisions of Texas Civil Statutes, Article 4413(502) s16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. The repeal implements the Texas Human Resources Code sec.22.002 and sec.32. 001-32.040 and Texas Civil Statutes, Article 4413(502) sec.16. sec.409.31. General Specifications. 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 December 23, 1994. TRD-9452813 Ann Utley Chair, Texas MHMR Board Texas Department of Mental Health Mental Retardation Earliest possible date of adoption: February 3, 1995 For further information, please call: (512) 206-4516 The Texas Department of Mental Health and Mental Retardation (TXMHMR) proposes new sec.409.31 of Chapter 409, Subchapter B, concerning contract appeals. This action affects the Texas Human Resources Code, sec.22. 002 and sec.32.001-32.040 and Texas Civil Statutes, Article 4413(502) sec.16. The proposed new section would make the provisions of the subchapter apply to all Medicaid programs administered by the Texas Department of Mental Health and Mental Retardation. Leilani Rose, director, Financial Services, has determined that for the first five-year period the rules would be in effect there would be no additional fiscal cost to state or local government. There will be no significant local economic impact. Ernest McKenney, director, Medicaid Administration, has determined that for each of the first five years the new section is in effect the public benefit anticipated as a result of enforcing the section will be having a single set of guidelines for all Medicaid programs to governing contract appeals. There will be no effect on small businesses. There is no anticipated economic costs to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Linda Logan, director, Policy Development, Texas Department Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, within 30 days of publication. The new section is proposed under the Texas Health and Safety Code, Title 7, sec.532.015, which provides the Texas Board of Mental Health and Mental Retardation with rulemaking powers; and under the provisions of Texas Civil Statutes, Article 4413(502) sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. The new section implements the Texas Human Resources Code, sec.22.002 and sec.32.001-32.040 and Texas Civil Statutes, Article 4413(502) sec.16. sec.409.031. Application. This subchapter applies to all Medicaid programs administered by the Texas Department of Mental Health and Mental Retardation. 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 December 23, 1994. TRD-9452812 Ann Utley Chair, Texas MHMR Board Texas Department of Mental Health Mental Retardation Earliest possible date of adoption: February 3, 1995 For further information, please call: (512) 206-4516 Subchapter D. Home and Community-based Services 25 TAC sec.409.118 (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 Mental Health and Mental Retardation or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Department of Mental Health and Mental Retardation (TDMHMR) proposes the repeal of sec.409.118 of Chapter 409, Subchapter D, concerning home and community-based services (HCS). A new sec.409.118 has been proposed contemporaneously for public comment in this issue of the Texas Register. The purpose of the repeal is to permit the adoption of cost determination rules that are consistent with rules of the Texas Department of Human Services (TDHS), provide explicit guidelines for auditors, provide specific instructions concerning cost reporting, and provide guidelines in areas such as documentation and allocation methods. Leilani Rose, director, Financial Services Department, has determined that for each year of the first five-year period that the proposed repeal is in effect, there will be no significant fiscal impact on local or state government as a result of the repeal. There is no anticipated local economic impact. Ernest McKenney, director, Medicaid Administration, has determined that the public benefit of repealing the section is that the department may promulgate rules which promote the increased use of federal funds as opposed to state funds and the expansion of the current service array. There will be no significant economic impact on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Written comments on the proposal may be sent to Linda Logan, Director, Policy Development, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, within 30 days of publication. The repeal is proposed under the Health and Safety Code, s532.015(a), which provides the Texas Mental Health and Mental Retardation Board with broad rulemaking authority; and under the provisions of Texas Civil Statutes, Article 4413(502) s16, which provide the Texas Health and Human Services Commission with the authority to administer federal medical assistance funds. The repeal implements Texas Human Resources Code, sec.22.002, sec.sec.32. 001- 32.040, and Texas Civil Statutes, Article 4413(502), sec.16. sec.409.118. Reimbursement Methodology for Home and and Community-based Services (HCS). 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 December 23, 1994. TRD-9452815 Ann Utley Chair, Texas MHMR Board Texas Department of Mental Health Mental Retardation Earliest possible date of adoption: February 3, 1995 For further information, please call: (512) 206-4516 The Texas Department of Mental Health and Mental Retardation (TDMHMR) proposes new sec.409.118 of Chapter 409, Subchapter D, concerning home and community- based services (HCS). Existing sec.409.118 of the subchapter is proposed for repeal contemporaneously in this issue of the Texas Register . The purpose of new sec.409.118 is to establish cost determination rules that are consistent with rules of the Texas Department of Human Services (TDHS), provide explicit guidelines for auditors, provide specific instructions concerning cost reporting, and provide guidelines in areas such as documentation and allocation methods. Similar provisions have been proposed contemporaneously in this issue of the Texas Register by the TDHS for those Medicaid programs for which that agency is the state operating agency. Leilani Rose, director, Financial Services Department, has determined that for each year of the first five-year period the new section is in effect there will be no fiscal implications as a result of implementing the provisions as proposed. There is no anticipated local economic impact. Ernest McKenney, director, Medicaid Administration, has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the sections will be the increased use of federal funds as opposed to state funds and the expansion of the current service array, as well as having a single set of guidelines for all Medicaid programs, whether administered by TDMHMR or the Texas Department of Human Services, to facilitate financial accountability relating to service delivery. There is no anticipated economic cost to persons who are required to comply with the proposed sections. There will be no effect on small businesses. Written comments on the proposal may be sent to Linda Logan, Director, Policy Development, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, within 30 days of publication. The new section proposed under the Health and Safety Code, sec.532.015(a), which provide the Texas Mental Health and Mental Retardation Board with broad rulemaking powers; and under the provisions of Texas Civil Statutes, Article 4413(502) sec.16, which provide the Texas Health and Human Services Commission with the authority to administer federal medical assistance funds. The new section implements Texas Human Resources Code, s22.002, sec.sec.32. 00-1-32.040, and Texas Civil Statutes, Article 4413(502), sec.16. sec.409.118. Reimbursement Methodology for Home and Community-based Services (HCS). (a) General information. (1) TDMHMR reimburses qualified providers for HCB services provided to eligible persons. (2) TDMHMR determines reimbursement in accordance with sec.409.1-409.2, and sec.sec.409.8-409.11 of Chapter 409, Subchapter D of this title (relating to General Reimbursement Methodology for Medical Assistance Programs). These rates are uniform, determined prospectively, cost related, and determined annually. (3) Providers must follow the cost reporting guidelines as specified in sec.409.12 of this title (relating to General Reporting and Documentation Requirements, Methods and Procedures). (A) All contracted providers must submit a cost report if the provider delivered services for at least thirty consecutive days during the provider's fiscal year. If the provider is a new provider, the thirty consecutive days of service begin with the first TDMHMR client served. (B) The provider may be excused from submitting a cost report if circumstances beyond the control of the provider make cost report completion impossible, such as the loss of records due to natural disasters or removal of records from the provider's custody by any governmental entity. Requests to be excused from submitting a cost report must be received by the Rate Analysis Department of TDHS before the due date of the cost report. (b) Reimbursement determination. Providers must follow the cost reporting guidelines as specified in sec.409.12 of this title (relating to General Reporting and Documentation Requirements, Methods and Procedures). (1) Providers are responsible for reporting only allowable costs on the cost report, except where cost report instructions indicate that other costs are to be reported in specific lines or sections. Only allowable cost information is used to determine recommended reimbursements. DHS excludes from reimbursement determination any unallowable expenses included in the cost report and makes the appropriate adjustments to expenses and other information reported by providers. The purpose is to ensure that the data base reflects costs and other information which are necessary for the provision of services and are consistent with federal and state regulations. Individual cost reports may not be included in the data base used for reimbursement determination when there is reasonable doubt as to the accuracy or allowability of a significant part of the information reported; when there is reasonable doubt that a provider entity reflected economic and efficient operation and long term viability, due to low utilization or operation for less than a full fiscal year; or when an auditor determines that reported costs are not verifiable. (2) Reimbursement Determination Process. (A) Total allowable costs for each provider will be determined by analyzing the allowable historical costs reported on the cost report and other pertinent cost survey information. (B) Allowable costs are grouped into cost centers which reflect the operations and service delivery for this program. Specific cost centers can be provided upon request. (C) Each provider's total allowable costs, excluding depreciation and mortgage interest, are projected from the historical cost reporting period to the prospective rate period as described in sec.409.15 of this title (relating to Determination of Inflation Indices). (D) Payroll taxes and employee benefits are allocated to each salary line item on the cost report on a pro rata basis based on the portion of that salary line item to the amount of total salary expense for the appropriate group of staff. Employee benefits will be charged to a specific salary line item if the benefits are reported separately. The allocated payroll taxes are Federal Insurance Contributions Act (FICA) or Social Security, Medicare Contributions, Workers' Compensation Insurance (WCI) and the Federal and State Unemployment (- FUTA/SUTA). (E) An allowable cost per client day of service is calculated for each cost center. The allowable costs per client day of service are arrayed from low to high for each cost center and a median cost per client day of service is selected for each cost center. (F) If a provider's cost per client day of service in any cost center, exceeds two standard deviations above or below the mean cost per client day of service, it will be excluded from the cost array. (G) The median costs per client day of service for each cost center are summed and the total is multiplied by 1.07, resulting in the final reimbursement. (3) The department also adjusts reimbursement if new legislation, regulations, or economic factors affect costs according to sec.409.016 of this title (relating to Adjusting Reimbursement When New Legislation, Regulations, or Economic Factors Affect Costs.) (4) The reimbursement for the HCS program may not exceed the maximum client per day reimbursement in the ICF/MR community-based program according to legislative rider 4(c)(3), special provisions relating only to the Department of Mental Health and Mental Retardation and the Department of Human Services, of the 1986-1987 Appropriations Act. (c) Authority to Determine Reimbursement. The authority to determine reimbursement is specified in sec.409.8 of this title (relating to Introduction to Cost Determination Process). (d) Allowable and Unallowable costs. Providers must follow the guidelines in determining whether a cost is allowable or unallowable as specified in sec.sec.409.9 and 409.10 of this title (relating to General Principals and Definitions of Allowable and Unallowable Costs, Specifications for Allowable and Unallowable Costs). (1) Client room and board expenses are not allowable, except for those related to respite care. (2) The cost of adaptive aids and home modifications are not allowable. Allowable labor costs associated with acquiring adaptive aids and home modifications should be reported in the cost report. Any item purchased for participants in this program and reimbursed through a voucher payment system is unallowable. Refer to sec.409.10(16)(K) of this title (relating to Specifications for Allowable and Unallowable Costs). (3) Financial and compliance audits required by TDMHMR as a condition of the provider's contract with TDMHMR are allowable costs. (e) Reporting Revenue. Revenues must be reported on the cost report in accordance with sec.409.11 of this title (relating to Revenues). (f) Reviews and Field Audits of Cost Reports. The department performs desk reviews or field audits on all contracted providers. The frequency and nature of the field audit are determined by the department to ensure the fiscal integrity of the program. Desk reviews and field audits will be conducted in accordance with sec.409.13 of this title (relating to Basic Objectives and Criteria for Audit and Desk Review of Cost Reports), and providers will be notified of the results of a desk review or an field audit in accordance with sec.409.14 of this title (relating to Notification of Exclusions and Adjustments). Providers may request an informal review and, if necessary, an administrative hearing to dispute an action taken by TDHS under sec.409.17 of this title (relating to Reviews and Administrative Hearings). 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 December 23, 1994. TRD-9452880 Ann Utley Chair, Texas MHMR Board Texas Department of Mental Health Mental Retardation Earliest possible date of adoption: February 3, 1995 For further information, please call: (512) 206-4516 TITLE 30. ENVIRONMENTAL QUALITY Part I. Texas Natural Resource Conservation Commission Chapter 105. Enforcement Rules 30 TAC sec.sec.105.1, 105.3, 105.11, 105.13, 105.15, 105.21, 105. 23, 105.25, 105.31, 105.33, 105.35, 105.41 (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 Natural Resource Conservation Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Natural Resource Conservation Commission (TNRCC or Commission) proposes the repeal of sec.sec.105.1, 105.3, 105.11, 105.13, 105.15, 105.21, 105. 23, 105.25, 105.31, 105.33, 105.35, and 105.41, concerning Enforcement Rules. The TNRCC is repealing the entire Chapter 105 because a new Chapter 337 for TNRCC enforcement rules has concurrently been proposed in the December 2, 1994, issue of the Texas Register (19 TexReg 9464). The new chapter will address the TNRCC's enforcement rules, enforcement case hearings, and mandatory enforcement hearings. Stephen Minick, Strategic Planning and Appropriations Division, has determined that for the first five-year period the repeals are in effect there will be no significant fiscal implications for state or local government as a result of enforcing or administering the repeals. Mr. Minick 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 more efficient and effective enforcement of the environmental laws, rules, and regulations that are within the jurisdiction of the TNRCC. There will be no significant effect on small businesses. There is no known economic cost anticipated to persons who are required to comply with the repeals as proposed. A public hearing on the proposal will be held January 26, 1995 at 10:00 a.m. in Room 365 of TNRCC Building E, located at 12118 North IH-35, Park 35 Technology Center, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, a TNRCC staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing. Oral comments on the repeal of Chapter 105 and on the proposed new Chapter 337 may be presented at the public hearing. Written comments not presented at the hearing may be submitted to the TNRCC central office in Austin through February 13, 1995. Material received by the TNRCC Enforcement Coordination and Litigation Division by 4:00 p.m. on February 13, 1995 will be considered by the Commission prior to any final action on the proposal. Please mail written comments to the attention of Glen Grunberger, TNRCC, Enforcement Coordination and Litigation Division, P.O. Box 13087, Austin, Texas 78711-3087. Copies of the revision are available at the central office of the TNRCC located at 12118 North IH-35, Park 35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For further information, contact Glen Grunberger at (512) 239-3417. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-1459. Requests should be made as far in advance as possible. The repeals are proposed under the Texas Health and Safety Code, Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC with the authority to adopt rules consistent with the policy and purposes of the TCAA. The proposed repeals affect the Health and Safety Code, s382.017. sec.105.1. Definitions. sec.105.3. Delegation of Authority. sec.105.11. Notice of Violation. sec.105.13. Violations That Materially Affect Human Health and Safety. sec.105.15. Violations That Do Not Materially Affect Human Health and Safety. sec.105.21. Initiation of Administrative Proceedings. sec.105.23. Response to Administrative Proceedings. sec.105.25. Compliance Hearing. sec.105.31. Payment of Administrative Penalty. sec.105.33. Disposition of Administrative Penalties. sec.105.35. Public Notice of Penalty Assessments. sec.105.41. Appeal of Compliance Orders. 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 December 20, 1994. TRD-9452859 Mary Ruth Holder Director, Legal Services Division Texas Natural Resource Conservation Commission Proposed date of adoption: March 1, 1995 For further information, please call: (512) 239-1966 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 85. Admission and Placement Placement Planning 37 TAC sec.85.31 The Texas Youth Commission (TYC) proposes an amendment to sec.85.31, concerning home placement. The amendment removes from the requirement that parole officers complete home evaluations, the sections that refer to certain percentages of the caseload. All home evaluations are to be completed within 45 days. John Franks, Director of Fiscal Affairs, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Franks 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 a better system for completing home evaluations. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Gail Graham, Policy and Manuals Coordinator, Texas Youth Commission, 4900 North Lamar Boulevard, P.O. Box 4260, Austin, Texas 78765. The amendment is proposed under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. The proposed rule implements the Human Resource Code, sec.61.034. sec.85.31. Home Placement. (a) (No change.) (b) Rules. (1) When a Home Evaluation is Conducted. (A) (No change.) (B) From the date of admission to TYC the parole officer completes initial home evaluations: [for:] [(i) 85% of caseload within 21 days;] (i)
    [(ii)] [95% of caseload] within 45 days; or (ii)
      [(iii)] makes and documents at least three assertive attempts to conduct the evaluation within that time. (C)-(F) (No change.) (2) Home Evaluation Status. (A) All completed home evaluations are either approved or disapproved as the youth's home placement but may, prior to completion, temporarily be in a pending status. By 45 days after admission to TYC
        [the required documentation is received], each home evaluation carries one of the following designations. (i)-(iii) (No change.) (B) (No change.) (3)-(8) (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 December 27, 1994. TRD-9452854 Steve Robinson Executive Director Texas Youth Commission Earliest possible date of adoption: February 3, 1995 For further information, please call: (512) 483-5244