PROPOSED RULES Before an agency may permanently adopt a new or amended section or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before action is taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive action, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 1. ADMINISTRATION Part V. General Services Commission Chapter 125. Travel and Transportation Division Travel Management Services 1 TAC sec.sec.125.3, 125.11, 125.19, 125.21 The General Services Commission proposes amendments to ssec.125.3, 125.11, 125.19, and 125.21, concerning the State Travel Management Program. The proposed amendments add a definition of a traveler, clarify when negotiated rate services are used, incorporate that an exception condition must be included on a payment voucher if a travel services contract is not used, describe the action the comptroller will take on payment vouchers which do not comply with the commission's rules, and remove the 90-day limitation for a state agency to request an exemption from the commission. The amendments also reorder subsections in sec.125.19 to provide for more logical continuity. The proposed amendments also change the reporting requirement for state agencies from use of the commission's travel agent contracts to use of the commission's charge card contract. Michael Powers, director, Inter-Agency Services Division, has determined that for the first five-year period, the amendments to change the reporting requirement for state agencies will be a reduction in administrative costs associated with the collecting and reporting travel data for state agencies who will no longer be required to report this information to the commission. However, the amount of the reduced costs cannot be determined. There are no fiscal implications for local governments. Mr. Powers also has determined that there is no anticipated economic impact on the public. Comments on the proposal may be submitted to Judith M. Porras, General Counsel, General Services Commission, P.O. Box 13047, Austin, Texas 78711-3047. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register. The amendments are proposed under Texas Civil Statutes, Article 601b, sec.14. 01, which provide the General Services Commission with authority to promulgate rules necessary to implement the provisions of Texas Civil Statutes, Article 601b, Article 14. The following statute is affected by these rules: Texas Civil Statutes, Article 601b. sec.125.3. Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. Traveler-a person who under sec.125.1 of this chapter is eligible to use the contract services or rates. sec.125.11. Negotiated
    [Discount] Rate Services. (a) Discount rates for travel and transportation services for official
      state [employees] business
        are provided by contracts between the commission and selected travel vendors. (b) (No change.) (c) Discount rates established under this portion of the program may be used [by state employees] for personal business only at the discretion of providing travel vendors. (d)-(f) (No change.) sec.125.19. Participation by State Agencies. (a)-(b) (No change.) (c) To begin participating in the travel agency and charge card contracts, a state agency must send the commission a travel service requisition. [An individual travel service requisition is required to request meeting planning services for each separate group or meeting.] Travel service requisitions are not required to use discount rates. (d)-(e) (No change.) (f) The contracts for travel services must be used as required by sec.sec.125.1-125.21 of this title (relating to travel management services) unless the conditions listed below exist. The existence of the condition must be indicated on or with the payment voucher as specified by the comptroller of public accounts.
          State agencies shall establish procedures to comply with this subsection and submit them to the commission for approval within 90 days after the effective date of this sec.125.19. Travel agent contracts are not affected by the conditions listed in paragraphs (5)
            [(4)]-(12). (1) The state
              traveler is already in travel status which renders the use of a contract travel agent impractical or unnecessary or airline reservations are not required
                . (2)-(3) (No change.) (4) A contract travel vendor's services are not available in a location that will reasonably allow the business requirements of a state
                  traveler to be fulfilled. (5)-(6) (No change.) (7) A contract [airline] vendor
                    offers a fare or rate
                      lower by any amount than the contract fare or rate
                        . (8)-(9) (No change.) (10) Use of contract travel vendors [may] is perceived by the state traveler to
                          present a security,
                            [or] safety, or health
                              risk to the state
                                traveler. (11) (No change.) (12) Promotional air fares used by two or more state
                                  travelers on a companion basis resulting in an average air fare for each state
                                    traveler lower than the individual contract fare. (g)
                                      [(h)] A state agency required to use the travel services contracts may not purchase or reimburse a person for the purchase of commercial airline or rental car transportation in an amount exceeding the contract rate established by the commission unless a condition identified in subsection (f) [(3), (4), (5), (9), (10), (11), or (12)] of this section exists. The existence of the condition must be indicated on or with the payment voucher as specified by the comptroller of public accounts. (h)
                                        [(i)] Contract rates will be communicated by the commission on an annual basis to state agencies and the comptroller of public accounts. (i) When a voucher or other payment document submitted to the comptroller of public accounts is for travel services where a contract negotiated by the commission must have been used for some or all of the travel and it does not show that the contract was properly used or an exception condition listed in subsection (f) of this section has not been properly claimed, the comptroller will handle the document as specified in paragraphs (1) and (2) of this subsection. (1) Pre-payment audits by the comptroller. (A) Except as provided in subparagraph (B) of this paragraph, the comptroller may not refuse to process a voucher or payment document solely because it involves the non-use of a travel services contract negotiated by the commission. The comptroller shall report the voucher or document to the commission. (B) The comptroller may not process a voucher or payment document that requests payment or reimbursement of commercial airline or rental car transportation to the extent the amount of that payment or reimbursement would exceed the amount of the commission's contracted rate. The comptroller shall report the voucher or document to the commission. (2) Post-payment audits by the comptroller. (A) Except as provided in subparagraph (B) of this paragraph, the comptroller may not require a state agency to obtain a refund of a payment or reimbursement made under a voucher or payment document that shows the non-use of a travel services contract negotiated by the commission. The comptroller shall report the voucher or document to the commission. (B) The comptroller may take the actions authorized by Government Code, sec.403.071 concerning a voucher or payment document that shows a payment or reimbursement of commercial airline or rental car transportation in an amount that exceeds the commission's contracted rate. The comptroller shall also report the voucher or document to the commission. (j)
                                          [(g)] A state agency may submit a written request for exemption from the required use of one or more travel contracts. [An exemption request must be submitted within 90 days after the effective date of this sec.125.19 or within 90 days after the effective date of a new travel contract.] The commission will approve an exemption if it determines that such an exemption would provide an economic or service benefit to the state, taking into account any affect on the commission's contracts and ability to obtain favorable contracts in the future. An exemption expires when the related contract is terminated or replaced. sec.125.21. Reporting Requirements for State Agencies. (a) A state agency that does not at a minimum charge all air fares on the state's charge card contract
                                            [use the commission's travel agent contracts] shall submit travel data for monitoring and analysis of state travel costs and for use in rate negotiations with travel vendors. The travel data will be reported in the form and manner requested by the division to identify airline, hotel, and rental car use and expenses. (b)-(c) (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 January 25, 1995. TRD-9501095 Judith Monaco Porras General Counsel General Services Commission Earliest possible date of adoption: March 6, 1995 For further information, please call: (512) 463-3960 Part XIII. Texas Incentive and Productivity Commission Chapter 273. State Employee Incentive Program 1 TAC sec.273.9 The Texas Incentive and Productivity Commission proposes an amendment to sec.273.9, concerning employee eligibility in the State Employee Incentive Program. Section 273.9(b) amends employee eligibility requirements to clarify that employees who are temporarily members of a process improvement team are not ineligible solely on that basis to participate in the suggestion program. Subsections (c)-(e) are re-ordered accordingly. M. Elaine Powell, Executive Director, has determined that there will neither be fiscal implications nor economic implications to the state or local governments as a result of enforcing or administering the section. Ms. Powell also has determined that for each year of the first five years the sections as proposed the public benefit anticipated as a result of enforcing the rule will be the facilitated participation in the cost saving program. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to M. Elaine Powell, Executive Director, Texas Incentive and Productivity Commission, P.O. Box 12482, Austin, Texas 78711. The amendment is proposed under Government Code Chapter 2108, sec.2108.004, which provides the Texas Incentive and Productivity Commission with the authority to promulgate rules for the State Employee Incentive Program. No other statute or code is affected by this amendment. sec.273.9. Eligibility. (a) (No change.) (b) An employee who is temporarily assigned by his or her agency to a team that is established for the purpose of developing process improvements in that agency is not considered ineligible under subsection (a) (1) and (5) of this section solely because of participation on the team. (c)
                                              [(b)] Suggestion Eligibility. A suggestion is ineligible for consideration under this Program if it: (1) does not describe a method to achieve the desired savings or benefit; (2) proposes ideas under consideration for implementation (in and outside of the Program) on the date that the suggestion is submitted to the agency; (3) relates only to personnel matters or grievances, including employee classification or compensation; (4) proposes a correction for a condition that resulted because applicable established procedures were not properly followed; (5) proposes implementation of a policy or procedure that has already been adopted by the employee's agency, except as described in subsection (c)
                                                [(b)] of this section; or (6) violates the intent of the Program. (d)
                                                  [(c)] Agency implementation prior to submission of suggestion to the Program. If an agency adopts a policy or procedure as a result of an employee suggestion before the suggestion is submitted to the agency coordinator, the Commission may grant a bonus or issue a certificate of appreciation to the employee or employees who made the suggestion if the agency coordinator confirms that: (1) the employee or employees who receive the award are eligible as described in subsection (a) of this section; (2) the suggestion is otherwise eligible under subsection (b) of this section; (3) the employee or employees proposed a reasonable method of implementation and described the type of benefits or savings foreseen to the agency before agency implementation; and (4) the agency adopted the policy or procedure as a result of the suggestion. (e)
                                                    [(d)] Award Eligibility Period. (1) A suggestion is eligible for a cash award if the following actions occur within two years of the date the Commission receives the suggestion: (A) the Commission approves the suggestion; (B) a target agency implements the suggestion; and (C) the target agency transfers the savings/revenue resulting from the suggestion. (2) The following exceptions apply to the award eligibility period: (A) If a suggestion requires legislative change, then the period shall be four years. (B) The Commission may grant a two-year extension to an employee whose suggestion has been approved if the employee makes such a request in writing before the award eligibility period expires. (C) A suggestion is not eligible for an award if it duplicates a suggestion that was previously received by the Commission and that has not been closed. (f)
                                                      [(e)] Closing of suggestion files. (1) The file on a suggestion shall be closed at the expiration of the applicable award eligibility period, including any valid extensions. (2) Once a suggestion file has been closed, the same suggestion may be submitted as a new suggestion subject to all eligibility requirements and the evaluation process described in this section and sec.273.7 of this title (relating to Agency's Role). (3) If the Commission believes circumstances warrant, the Commission may open a suggestion file that has been closed and establish a new award eligibility period for that suggestion. 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 January 30, 1995. TRD-9501195 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Earliest possible date of adoption: March 6, 1995 For further information, please call: (512) 475-2393 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 9. Liquefied Petroleum Gas Division The Railroad Commission of Texas proposes amendments to s9.239, relating to Appliance Connectors, and sec.9.958, relating to Piping Support. Section 9.239 defines requirements for appliance connectors and piping for liquefied petroleum gas appliances. Section 9.958 describes requirements for support of aboveground piping. The proposed amendments would exempt certain agricultural and industrial structures from particular requirements relating to length of appliance connectors and minimum spacing of piping support in agricultural structures only. Other proposed nonsubstantive amendments include some changes in wording or punctuation to provide clearer language. Thomas D. Petru, Director, Liquefied Petroleum Gas Division, has determined that for each year of the first five years the sections as proposed will be in effect, there will be no fiscal implications for state and local governments as a result of enforcing or administering the sections. Mr. Petru also has determined that the public benefit anticipated as a result of enforcing the sections will be more practical requirements for the agricultural industry. There is no anticipated economic cost to small businesses or to individuals; the proposed changes may result in a reduction in cost since agricultural businesses will be exempt from certain requirements. Comments on the proposals may be submitted to Thomas D. Petru, Director, Liquefied Petroleum Gas Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967. Comments will be accepted for 30 days after publication in the Texas Register. Subchapter D. LP-Gas Appliances and Appurtenant Equipment 16 TAC sec.9.239 The amendment is proposed under the Texas Natural Resources Code, sec.113. 051, which authorizes the commission to adopt rules relating to any and all aspects or phases of the LP-gas industry that will protect or tend to protect the health, welfare, and safety of the general public. The following is the statute, article, or code affected by the proposed new section: Texas Natural Resources Code, sec.113.051. sec.9.239. Appliance Connectors. (a) Appliance
                                                        [Maximum length of appliance] connectors shall be no more than
                                                          six feet in length
                                                            . If an appliance is to be installed more than six feet from existing piping, additional piping shall be installed in accordance with Division VII. (b) Flexible
                                                              [A flexible] or semiflexible appliance connectors
                                                                [connector] shall be
                                                                  [consist of approved copper tubing, type "K" or "L", corrugated copper or brass connectors, flexible-LP-gas hose of 125 psi working pressure, or greater,] equipped with approved end fittings and shall consist of:
                                                                    [.] (1) type "K" or "L" copper tubing; (2) corrugated connectors of copper, brass, or material of greater strength; or (3) flexible LP-gas hose of 125 psi working pressure or greater. (c) Appliances
                                                                      [All appliances] of 200,000 BTU input or less shall be connected to supply piping with an approved flexible or semiflexible connector. (d) Appliance
                                                                        [All appliance] connectors shall be attached by means of a threaded fitting or a listed quick disconnect device. Slip-on type connectors are prohibited. (e) (No change.) (f) Agricultural structures, such as greenhouses or broiler houses, or industrial structures not inhabited by humans may have appliance connectors more than six feet in length provided that: (1) the hose used shall be marked as acceptable for LP-gas service; (2) the hose shall comply with sec.9.174(a)-(e) of this title (relating to Hose Specifications); (3) the length of the hose used shall be only that which is sufficient to serve the purpose for which it is intended; and (4) manufactured hose connections, such as quick-connect or threaded fittings, shall be used. 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 January 25, 1995. TRD-9501134 Mary Ross McDonald Assistant Director, Legal Division Gas Utilities/LP Gas Railroad Commission of Texas Earliest possible date of adoption: March 6, 1995 For further information, please call: (512) 463-6949 Subchapter L. LP-Gas Piping and Piping Systems 16 TAC sec.9.958 The amendment is proposed under the Texas Natural Resources Code, sec.113. 051, which authorizes the commission to adopt rules relating to any and all aspects or phases of the LP-gas industry that will protect or tend to protect the health, welfare, and safety of the general public. The following is the statute, article, or code affected by the proposed new section: Texas Natural Resources Code, sec.113.051. sec.9.958. Piping Support. (a) Horizontal
                                                                          [All horizontal] runs of aboveground piping shall be supported by means of pipe hangers in accordance with the following [table]: (1) Pipe that is 1/2 inch or less in size shall have hangers spaced every six feet or less; (2) Pipe that is 3/4 to 1 inch in size shall have hangers spaced every eight feet or less, except as noted in subsection (b) of this section; and (3) Pipe that is 1-1/4 inch or greater in size shall have hangers spaced every ten feet or less. [SIZE OF PIPE -SPACING OF HANGERS [1/2 inch and less -six feet [3/4 to 1 inch -eight feet [1 1/4 inch and larger -ten feet] (b) The requirement in subsection (a) of this section regarding 3/4 to 1 inch pipe shall not apply to agricultural structures not inhabited by humans, such as greenhouses and broiler houses, provided that: (1) such piping is supported by ceiling trusses no more than ten feet apart; and (2) pipe joints and fittings are supported by the trusses. (c)
                                                                            [(b)] Other pipe shall be supported in such a manner as to ensure that strain shall not be placed on the fittings. 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 January 25, 1995. TRD-9501135 Mary Ross McDonald Assistant Director, Legal Division Gas Utilities/LP Gas Railroad Commission of Texas Earliest possible date of adoption: March 6, 1995 For further information, please call: (512) 463-6949 TITLE 22. EXAMINING BOARDS Part XI. Board of Nurse Examiners Chapter 217. Licensure and Practice 22 TAC sec.217.20 The Board of Nurse Examiners proposes new sec.217.20, concerning Minimum Procedural Standards During Peer Review. The Board's Nursing Practice Advisory Committee was charged in the summer of 1994 with developing rules defining minimum due process rights of the R.N. in peer review. A subcommittee consisting of one member of the advisory committee, attorneys representing the Board of Nurse Examiners, Texas Nurses' Association, Texas Hospital Association, and a private R.N. attorney met and edited the committee's recommended draft rules. On January 4, 1995, the Advisory Committee then met, reviewed and recommended a draft for the Board's consideration. This proposed new rule defines the minimum due process rights of the R.N. within the Board's scope of authority. Louise Waddill, Ph.D., R.N., executive director, has determined that there may be fiscal implications as a result of enforcing or administering the rule; however, it will be difficult to project because current implementation of peer review is not uniform among those who are required to comply with peer review. There may be an effect on local government and/or business as some health care facilities could be either private or government operated and therefore, defining minimum due process rights could decrease costs for facilities that already provide an elaborate trial like peer review and elect to scale back to conform to this rule. Cost could be increased for facilities that now provide practitioners subject to peer review with less than the discovery, notice and participation required by these minimum due process rights. Ms. Waddill also has determined that for each year of the first five years the rule as proposed will be in effect the public is not affected. Comments on the proposed new section may be submitted to Louise Waddill, Executive Director, Board of Nurse Examiners, Box 140466, Austin, Texas 78714. The new section is proposed under the Nursing Practice Act (Texas Civil Statutes, Article 4514), sec.1, which provides the Board of Nurse Examiners with the authority and power to make and enforce all rules and regulations necessary for the performance of its duties and conducting of proceedings before it. Articles 4525a and 4525b are affected by this rule. sec.217.20. Minimum Procedural Standards During Peer Review. (a) Article 4525b sec.1(2) states, "Peer review means the evaluation of professional nursing services, the qualifications of professional nurses, the quality of patient care rendered by professional nurses, the merits of complaints concerning professional nurses and professional nursing care, and determinations or recommendations regarding complaints". The peer review process is one of fact finding, analysis and study of events by registered nurses in a climate of collegial problem solving focused on obtaining all relevant information about an event. Once a decision is made that a nurse is subject to peer review, the Nursing Practice Act (NPA), Article 4525b, sec.1A(4) provides that the nurse is entitled to minimum due process. The purpose of this rule is to define minimum due process, to provide guidance to facilities in developing peer review plans, to assure that nurses have knowledge of the plan, and to provide guidance to the peer review committee in its fact finding process. (b) The minimum due process required by the NPA is met if: (1) the nurse is given written notice that his/her practice is being evaluated, that the peer review committee will meet on a specified date not more than 30 calendar days from date of notice, and a copy of the peer review plan, policies and procedures; (2) the notice includes: (A) a description of the event(s) to be evaluated in sufficient detail to inform the nurse of the incident, circumstances and conduct (error or omission) , and should include date(s), time(s), location(s), and individual(s) involved. (Patient/client shall be identified by initials or number); (B) name, address, telephone number of contact person to receive nurse's response; (3) the nurse is provided the opportunity to review, in person or by attorney, at least 15 calendar days prior to appearing before the committee, documents concerning the event under review; (4) the nurse is provided the opportunity to appear before the commit tee, make a verbal statement, ask questions and respond to questions of the committee and provide a written statement regarding the event under review; (5) there is timely resolution of the committee's evaluation no more than 14 calendar days from the committee meeting stated in the notice; (6) the nurse is given written notice of the findings of the committee when the review has been completed; and (7) the nurse is given reasonable opportunity to provide written rebuttal to the committee's findings which shall become a permanent part of the findings. (c) The peer review process is not a hearing or substitute for a legal procedure; therefore, court procedures and rules and the presence of attorneys are not required. Although legal representation is not required, should the Peer Review Committee have an attorney as a member or in a representative capacity, the nurse is entitled to legal representation and parity of participation by counsel. "Parity of participation by counsel" means that the nurse's attorney is able to participate in the peer review process to the same extent and level as the facility's attorney; e.g., if the facility's attorney can question witnesses, the nurse's attorney must have the same right. (d) Peer review plans shall contain written procedures to maintain confidentially of information presented to and/or considered by the peer review committee which is not subject to disclosure except as provided by the Nursing Practice Act, Article 4525b, sec.3. Disclosure/discussion by a nurse with the nurse's attorney is proper because the attorney is bound to the same confidentiality requirements as the nurse. 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 January 30, 1995. TRD-9501191 Louise Waddill, Ph.D., R.N. Executive Director Board of Nurse Examiners Proposed date of adoption: March 15, 1995 For further information, please call: (512) 835-8675 Part XII. Board of Vocational Nurse Examiners Chapter 231. Administration General Provisions 22 TAC sec.231.1 The Board of Vocational Nurse Examiners proposes an amendment to sec.231.1, relating to definitions. The amendment is proposed to define the term "licensee" and "active license". Marjorie A. Bronk, executive director, 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. Mrs. Bronk 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 definition of licensee and active license. 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 Marjorie A. Bronk, R.N., M.S.H. P., Executive Director, Board of Vocational Nurse Examiners, 9101 Burnet Road, Suite 105, Austin, Texas 78758, (512) 835-2071. The amendment is proposed under Texas Civil Statutes, Article 4528c, sec.5(g) , which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law. No other statute, article or code will be affected by this proposal. sec.231.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Active License -A license is considered active only if the licensee has utilized their nursing knowledge, skills and/or abilities within the immediate past five years preceding renewal and met all other requirements for current licensure. Licensee-An individual whose license to practice vocational nursing is current and in force, and has not been suspended or revoked by disciplinary action of the board. 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 January 26, 1995. TRD-9501116 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Earliest possible date of adoption: March 6, 1995 For further information, please call: (512) 836-2071 Part XIV. Texas Optometry Board Chapter 279. Interpretations 22 TAC sec.279.15 The Texas Optometry Board proposes new sec.279.15, concerning definitions of contagious or infectious diseases in the practice of optometry. This rule is required in order to fully implement House Bill 1479, 73rd Legislature, and will inform licensees regarding the practice of optometry with contagious or infectious diseases being present. Lois Ewald, executive director, has determined that there will be no fiscal implications as a result of enforcing or administering the rule. During the first five-year period the proposed section is in effect there will be no fiscal implications for state government as a result of implementing and administering this section. There will be no effect on local government and no cost for businesses for the first five-year period the rule will be in effect. Mrs. Ewald also has determined that for each year of the first five years the rule as proposed will be in effect the public benefit anticipated as a result of enforcing the rule will be clear and defined rules regarding the transmittal of contagious or infectious diseases thereby protecting the safety and health of the patient. Comments on the proposal may be submitted to Lois Ewald, Executive Director, Texas Optometry Board, 9101 Burnet Road, Suite 214, Austin, Texas 78758, (512) 835-1938. The new section is proposed under Texas Civil Statutes, Article 4552, sec.2. 14, which provide the Texas Optometry Board with the authority to promulgate procedural and substantive rules. The new section will affect Texas Civil Statutes, Article 4552 (Texas Optometry Act), sec.5.08. sec.279.15. Board Interpretation Number Fifteen. The Texas Optometry Act requires that no licensed optometrist or therapeutic optometrist practice optometry or therapeutic optometry while knowingly suffering from a contagious or infectious disease, if the disease is one that could reasonably be transmitted in the normal performance of optometry or therapeutic optometry. For purposes of interpretation, a "contagious or infectious disease" is defined as a "disease capable of being transmitted from one person to another by contact or close proximity." Infectious agents transmitted from one person to another by contact or close proximity would include bacteria and viruses. (1) Infectious agents which may be transmitted by direct contact or by respiratory route include: chicken pox, common cold, infectious mononucleosis, influenza, mycoplasma pneumonia, measles, meningococcal disease, mumps, pertussis, rubella and tuberculosis. (2) Diseases that could be transmitted by direct contact include: chlamydia trachomatous infections, herpes simplex viruses, staphylococcal infections, streptococcal infections, and bacterial and viral conjunctivitis. 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 January 24, 1995. TRD-9501054 Lois Ewald Executive Director Texas Optometry Board Earliest possible date of adoption: March 6, 1995 For further information, please call: (512) 835-1938 Part XVI. Texas State Board of Physical Therapy Examiners Chapter 329. Licensing Procedure 22 TAC sec.329.3, sec.329.5 The Texas Board of Physical Therapy Examiners proposes amendments to sec.329.3, concerning the issuance of temporary licenses for examination candidates and sec.329.5, concerning Licensing Procedures for Foreign-Trained Applicants. Section 329.3 is amended to clarify what is necessary for an applicant who wishes to become a physical therapist or physical therapist assistant to obtain a temporary license. Section 329.5 allows foreign-trained applicants to obtain credit for general education courses through the College Level Examination Program or Advanced Placement, and requires foreign-trained applicants to be licensed to practice physical therapy in the country in which they received their training and education. John Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the rule is in effect there will be no effect on state or local government as a result of enforcing the rule. Mr. Maline 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 ability to issue temporary licenses to qualified applicants who wish to become physical therapists and physical therapist assistants. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendment as proposed. Comments on the proposed amendments may be submitted to Gerard Swain, PT Coordinator, Texas Board of Physical Therapy Examiners, 3001 South Lamar Boulevard, Suite 101, Austin, Texas 78704. The amendments are proposed under the Physical Therapy Practice Act, Texas Civil Statutes, Article 4512e, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. Texas Civil Statutes, Article 4512e is affected by these amendments. sec.329.3. Temporary Licensure for Examination Candidates. (a) (No change.) (b) Temporary Licensure for Examination Candidates. A candidate is eligible for temporary license when the following has been received and the application has been approved for a temporary license by the coordinator
                                                                              [executive director]: all documentation required by sec.329.1 of this title (relating to General Licensing Procedure) with the exception of the scores; all documentation required by sec.329.2 of this title (relating to Licensure by Examination), all documentation required by section 329.5 of this title (relating to Licensing Procedures for Foreign-Trained Students), a copy of the notarized affidavit of temporary license supervision, and all required fees. A candidate who has taken the examination in Texas or another state is not eligible for a temporary license. (c)-(e) (No change.) sec.329.5. Licensing Procedures for Foreign-Trained Applicants. (a)-(f) (No change.) (g) Guidelines for board-approved education credentialing agencies. (1) The credentialing agency will review all of an applicant's post-secondary professional education credentials earned outside of the United States. The agency will evaluate allowable transfer credit for the 13th year based on recommendations of the National Council on the Evaluation of Educational Credentials or on current published reference materials. The applicant must have completed 60 semester hours credit or the equivalent in general education courses including courses in biological, social and physical sciences from an accredited institution of higher learning. This requirement may by met by credits earned at U.S. colleges or universities, [but not] by College Level Examination Program (CLEP) credits, or Advanced Placement (AP) according to standards of the American Council on Education. The number of credits earned by CLEP or AP may not exceed 12 semester credits. (2) (No change.) (3) Licensing Procedures for Foreign-Trained Applicants. The credentialing agency must attest that the applicant is licensed/registered/authorized to practice in the country in which the education and training were accomplished if the country has a licensure/registration/authorization system in place. Otherwise, the applicant must be eligible for unrestricted practice in that country. (4)-(9) (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 January 26, 1995. TRD-9501100 John P. Maline Executive Director Texas State Board of Physical Therapy Examiners Earliest possible date of adoption: March 6, 1995 For further information, please call: (512) 443-8202 Chapter 341. License Renewal 22 TAC sec.341.3 The Texas Board of Physical Therapy Examiners proposes an amendment to sec.341.3, concerning Qualifying Continuing Education Units. The amendment will establish guidelines for those who provide continuing education programs for physical therapists and physical therapist assistants. The guidelines will establish a process to assess a licensee's participation and performance in continuing education programs. John Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the rule is in effect there will be no effect to state or local government as a result of enforcing the rule. Mr. Maline 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 greater assurance that physical therapists and physical therapist assistants are offered qualified continuing education programs. These guidelines should ensure a basis for the continuing competency of licensees. There will be no effect on small business. There is no anticipated economic cost to persons who are required to comply with the rule as proposed. Comments on the proposed rule may be submitted to Gerard Swain, PT Coordinator, Texas Board of Physical Therapy Examiners, 3001 South Lamar Boulevard, Suite 101, Austin, Texas 78704. The amendment is proposed under the Physical Therapy Practice Act, Texas Civil Statutes, Article 4512e, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. Texas Civil Statutes, Article 4512e is affected by this amendment. sec.341.3. Qualifying Continuing Education Units (CEUs). (a) One CEU is defined as ten contact hours of an accredited course or program. [Program content must be of clinical application, clinical management, behavioral science, or science.] (b) Program content and CEUs accreditation must be approved by the board or a board-approved organization. Programs must meet the following criteria. (1) Program content must be easily recognizable as pertinent to the physical therapy profession and in the areas of clinical application, clinical management, behavioral science, or science. The content must be identified by instructional level, i.e. basic, intermediate, advanced. (2) Program objectives must be clearly written to identify the knowledge and skills the participants should acquire during the course. (3) Programs must be presented by a licensed health care provider, or by a person with appropriate credentials and/or specialized training in the field. (4) The instructional methods related to the objectives must be identified. (5) The procedures used to assess a licensee's participation and attainment of the program objectives must be submitted to the board. (6) The participants must evaluate the program. A summary of these evaluations must be available to the board upon request. (7) Records of each participant who attains the program objectives must be maintained for three years. (c)-(f) (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 January 26, 1995. TRD-9501099 John P. Maline Executive Director Texas State Board of Physical Therapy Examiners Earliest possible date of adoption: March 6, 1995 For further information, please call: (512) 443-8202 22 TAC sec.341.21 The Texas Board of Physical Therapy Examiners proposes new sec.341.21, concerning report of malpractice claims or actions or disciplinary actions. This new section will require physical therapists and physical therapist assistants, who practice in other states but maintain a license in Texas, to submit to the board documentation relating to disciplinary actions and malpractice judgments or settlements that have taken place in that state. John Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the rule is in effect there will be no effect on state or local government as a result of enforcing the rule. Mr. Maline 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 ability to obtain information relating to the professional activity of licensees. This information will give the board the opportunity to take appropriate action when necessary. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed. Comments on the proposed rule may be submitted to Gerard Swain, PT Coordinator, Texas Board of Physical Therapy Examiners, 3001 South Lamar Boulevard, Suite 101, Austin, Texas 78704. The new section is proposed under the Physical Therapy Practice Act, Texas Civil Statutes, Article 4512e, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. Texas Civil Statutes, Article 4512e is affected by this new section. sec.341.21. Report of Malpractice Claims or Actions or Disciplinary Actions. Each licensee shall submit a copy of any judgment or settlement in a malpractice claim or any disciplinary action taken by another licensing authority in another state to the board within 30 days after such occurrences. 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 January 26, 1995. TRD-9501101 John P. Maline Executive Director Texas State Board of Physical Therapy Examiners Earliest possible date of adoption: March 6, 1995 For further information, please call: (512) 443-8202 Chapter 343. Contested Case Procedure 22 TAC sec.sec.343.35, 343.36, 343.42, 343.48, 343.49, 343.56 The Texas Board of Physical Therapy Examiners proposes new sec.343.35, concerning Complaint Investigation and Disposition, sec.343.36, concerning Filing and Receipt of Complaints, s343.42, concerning Commencement of Disciplinary Proceedings, sec.343.48, sec.343.49, concerning Disposal of Complaints, and sec.343.56, concerning Monitoring of Licensees. These new sections will outline the process the agency will use to prioritize investigations and require the staff to establish a timeline for completing an investigation. Section 343.56 explains that licensees who are required to perform certain acts as a result of disciplinary action will be monitored by the board to insure that the required acts are completed. John Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the rules are bin effect there will be no effect to state or local government as a result of enforcing the rules. Mr. Maline also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be protection from violators of the Physical Therapy Practice Act and rules. There will be no effect to small business. There is no anticipated economic cost to persons who are required to comply with the rule as proposed. Comments on the proposed rule may be submitted to Gerard Swain, PT Coordinator, Texas Board of Physical Therapy Examiners, 3001 South Lamar Boulevard, Suite 101, Austin, Texas 78704. The new sections are proposed under the Physical Therapy Practice Act, Texas Civil Statutes, Article 4512e, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. Texas Civil Statutes, Article 4512e is affected by these new sections. sec.343.35. Complaint Investigation and Disposition. (a) Complaints shall be assigned a priority status in the following categories: (1) those indicating that credible evidence exists showing a violation of the Physical Therapy Practice Act involving actual deception, fraud or injury to clients or the public or a high probability of immediate deception, fraud, or injury to clients or the public; (2) those indicating that credible evidence exists showing a violation of the Physical Therapy Practice Act involving a high probability of potential deception, fraud, or injury to clients or the public; (3) those indicating that credible evidence exists showing a violation of the Physical Therapy Practice Act involving a potential for deception, fraud, or injury to clients or the public; (4) all other complaints. (b) Not later than the 30th day after a complaint is received, the staff shall place a timeline for completion, not to exceed one year, in the investigative file and notify all parties to the complaint. Any change in the timeline must be noted in the file and all parties notified of the change not later than seven days after the change was made. For purposes of this rule, completion of an investigation in a disciplinary matter occurs when: (1) staff determines there is insufficient evidence to demonstrate a violation of the act, board rules, or a board order; or (2) staff determines there is sufficient evidence to demonstrate a violation of the act, board rules, or board order and drafts proposed formal charges. (c) The staff shall provide summary data of complaints extending beyond the complaint timeline to the coordinator and the executive director who will then notify the board. (d) The board shall keep an information file on each complaint submitted to the board. The file will be kept current and include a record of all persons contacted in relation to the complaint, notes about the findings throughout the complaint process, and other relevant information. (e) The Investigation Committee may determine when and if a private investigator is needed for processing of a complaint. sec.343.36. Filing and Receipt of Complaints. (a) Complaints may be received in writing on a form prescribed by the board. Complainants shall be invited to explain their allegations. The staff will provide reasonable assistance to a person who wishes to file a complaint. (b) When a complaint is received, the board, 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 undercover investigation. (c) Prior to commencing disciplinary proceedings, the staff shall serve the respondent with written notice in accordance with the Texas Government Code, sec.2001.54(c). (1) Such notice shall contain a statement of the facts or conduct alleged to warrant an adverse licensure action. The notice shall invite the respondent to show compliance with all requirements of the law for retention of the license. (2) The respondent shall have not less than ten days to respond in writing. sec.343.42. Commencement of Disciplinary Proceedings. (a) If a complaint is not resolved informally, the staff may commence disciplinary proceedings by filing written charges. (b) The charges shall contain the following information: (1) the name of the respondent; (2) a statement of the conduct alleged to be in violation of the act or of a rule, regulation, or order of the board; and (3) a reference to the section of the act or to the board rule, regulation, or order which respondent is alleged to have violated. sec.343.48. Dismissal of Complaint. (a) Complaints may be dismissed for the following reasons: (1) no evidence available; (2) respondent has left the state; (3) insufficient evidence; (4) other reasons which the Investigation Committee believe are justification for dismission. (b) Upon the decision of the Investigation Committee to dismiss a complaint, the person who filed the complaint is provided a letter explaining why the complaint has been dismissed. (c) At least four times a year the board is provided with a list of the complaints that were dismissed and the reasons for the dismissals. sec.343.49. Disposal of Complaints. At least annually, the board will advise the executive council of complaints which have been disposed. sec.343.56. Monitoring of Licensees. A licensee who is ordered by the board to perform certain acts will be monitored by the board to ensure that the required acts are completed per the order of the board. 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 January 26, 1995. TRD-9501102 John P. Maline Executive Director Texas State Board of Physical Therapy Examiners Earliest possible date of adoption: March 6, 1995 For further information, please call: (512) 443-8202 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 3. Memorandums of Understanding with Other State Agencies 25 TAC sec.3.22 The Texas Department of Health (TDH) proposes new sec.3.22, concerning a memorandum of understanding (MOU) between the TDH, the Texas Department of Mental Health and Mental Retardation (TXMHMR), and the Texas Department of Human Services (TDHS) regarding a uniform assessment tool for assessing decision- making capacity of patients. The new section would enact the provisions of Health and Safety Code, sec.533.044, which requires the TDH, TXMHMR, and TDHS to adopt by rule a MOU that requires the use of a uniform assessment tool to assess whether an elderly person, a person with mental retardation, or a person with a developmental disability who is receiving services in a facility operated or regulated by the TDH, TXMHMR, or TDHS needs a guardian of the person or estate, or both, or other decision-making assistance provided by law. The MOU in subsection (a) specifies the assessment tool to be utilized, the facilities that must use the assessment tool, and the circumstances under which the facilities must use the assessment tool. The uniform assessment tool is incorporated in subsection (b). Bernie Underwood, Chief of Staff Services, Health Care Quality and Standards, has determined that for the first five-year period the new section will be in effect there will be no substantial cost to state or local government as a result of administering the section as proposed. Mr. Underwood also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the section is consistent with state law, and there will be a mechanism available to identify consumers who require assistance, either through guardianship or other means, in making certain types of decisions about their personal care and treatment, daily living and safety, or finances and property. There will be a cost to hospitals required to comply with the section as proposed for reproducing the assessment tool and salary of staff to administer the assessment tool. Reproduction is estimated to be $7.00 per copy and staff cost is estimated to be from $48 to $57,000 annually, depending on the number of patients to whom the assessment tool must be applied. This patient population is variable among hospitals. There will be no effect on small businesses other than that to hospitals as previously discussed. There will be no anticipated costs to persons required to comply with the section as proposed. There is no anticipated impact on local employment. Written comments on the proposal may be submitted to John M. Evans, Jr., R. N., M.H.A., Acting Hospital Licensing Director, Health Care Quality and Standards Associateship, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199, (512) 834-6648. Comments will be accepted for a period of 30 days after publication of this proposal in the Texas Register . In addition, a joint public hearing will be held by the Texas Department of Human Services, Texas Department of Mental Health Mental Retardation, and the Texas Department of Health regarding the proposed MOU and assessment tool at 1:00 p.m., on Tuesday, February 28, 1995, at the Texas Department of Human Services, Classroom 1, Second Floor, West Tower, John H. Winters Building, 701 West 51st Street, Austin, Texas. Individuals requiring an interpreter for the hearing impaired should contact the TDMHMR Office of Policy Development at (512) 206-4516 within 24 hours prior to the hearing. The new section is proposed under the Health and Safety Code (HSC), sec.12. 001, which provides the Texas Board of Health (board) with the authority to adopt rules for the performance of every duty imposed by law upon the board, the Texas Department of Health (TDH), and the commissioner of health. Section 4 of Senate Bill 236 enacts sec.533.044 of the HSC. This law required TDH, the Texas Department of Human Services, and the Texas Department of Mental Health and Mental Retardation to adopt a joint memorandum of understanding which requires the assessment of decision-making capacity for persons with mental retardation, developmental disability, and elderly persons. Health and Safety Code, Chapters 13, 241, and 577 is affected by this proposed new section. sec.3.22. Memorandum of Understanding (MOU) Between the Texas Department of Health, Texas Department of Mental Health and Mental Retardation, and the Texas Department of Human Services Regarding A Uniform Assessment Tool to Assess Decision-making Capacity of Patients. (a) MOU. In compliance with Health and Safety Code, s533.044, the Texas Department of Health (TDH), the Texas Department of Mental Health and Mental Retardation (TXMHMR), and the Texas Department of Human Services (TDHS) have entered into a memorandum of understanding (MOU) requiring the use of a uniform assessment tool to assess the decision-making capacity of patients. The MOU is as follows.
                                                                                Figure 1: 25 TAC sec.3.22(a) (b) Uniform Assessment Tool. In compliance with the MOU, the document titled "Capacity Assessment" developed by the Advisory Committee to Develop a Tool to Assess Decision-making Capacity for Persons with Mental Retardation and Developmental Disability, and Elderly Persons is as follows.
                                                                                  Figure 2: 25 TAC sec.3.22(b) 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 January 27, 1995. TRD-9501176 Susan K. Steeg General Counsel Texas Department of Health Earliest possible date of adoption: March 6, 1995 For further information, please call: (512) 458-7236 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part II. Texas Youth Commission Chapter 87. Treatment Basic Care Services 37 TAC sec.87.73 The Texas Youth Commission (TYC) proposes an amendment to sec.87.73, concerning clothing. The amendment will allow for youth in certain TYC programs to wear uniforms. 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 more efficient system for providing clothing for TYC youth. 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, 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.87.73. Clothing. (a) Policy. (1) The Texas Youth Commission (TYC) provides adequate and appropriate clothing to its youth. Clothes issued by TYC are a youth's personal property unless issued for special use. (2) With specific written justification, individual TYC programs may require all youth in the program to wear uniform clothing. (b) Rules. (1) Clothes shall be appropriate to the season. (2) Youth may be allowed to
                                                                                    purchase their own clothing. (3)-(5) (No change.) [(6) Clothing to meet minimum standards is readily available. [(7) Clothing purchased by the agency will reflect present fashion trends as much as possible.] (6)
                                                                                      [(8)] As needed, TYC issues clothing for temporary use in special events, such as sports, camping and protective clothing for work in food services or on facility grounds. (7)
                                                                                        [(9)] Except when uniform clothing has been justified, clothing purchased by the agency will reflect present fashion trends as much as possible.
                                                                                          TYC provides or ensures that each youth is issued clothing to meet the minimum standard established herein. Minimum clothing requirements are: (A) Boys: (i) pants, jeans or casual three each; (ii) shirts, knit or sport shirt three each; (iii) shoes, school one pair; (iv) shoes, tennis one pair; (v) briefs five pair; (vi) socks five pair; (vii) T-shirts five each; (viii) jacket, denim/nylon one each; (ix) robe one each; (x) pajamas (optional) one each. (B) Girls: (i) slacks/jeans three each; (ii) blouses three each; (iii) dress outfit (dress or skirt/blouse) one each; (iv) shoes, school one pair; (v) shoes, tennis one pair; (vi) panties five pair; (vii) bras three each; (viii) panty hose two pair; (ix) socks, knee high or footlet four pair; (x) pajamas or gown one each; (xi) robe one each; (xii) jacket, heavy sweater one each; (xiii) half-slip one each. 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 January 25, 1994. TRD-9501035 Steve Robinson Executive Director Texas Youth Commission Earliest possible date of adoption: March 6, 1995 For further information, please call: (512) 483-5244 TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 17. Vehicle Titles and Registration Certificate of Title 43 TAC sec.sec.17.1-17.6 (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 Transportation or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Department of Transportation proposes the repeal of sec.sec.17.1-17. 6, concerning certificates of title for camper trailers, double wide mobile homes, trailers and semi-trailers, machinery plated vehicles, and permit plated vehicles. Sections 17.1-17.6 are no longer necessary due to the simultaneous proposed adoption of new sec.sec.17.1-17.3, concerning motor vehicle certificates of title. In order to efficiently and effectively issue motor vehicle certificates of title, the subject matter is being consolidated. Jerry L. Dike, Director of Vehicle Titles and Registration Division, 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 repealed sections. Mr. Dike has certified that there will be no significant impact on local economies or overall employment as a result of enforcing or administering the repeals. Mr. Dike 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 a more effective and uniform approach to the issuance of motor vehicle certificates of title. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed. Pursuant to the Administrative Procedure Act, the Government Code, Chapter 2001, the Texas Department of Transportation will conduct a public hearing to receive comments concerning the proposed repeals. The public hearing will be held at 9:00 a.m. on February 14, 1995, in Room 101, Building 200, 200 East Riverside Drive, Austin, Texas, and will be conducted in accordance with the procedures specified in 43 TAC sec.1.5. Those desiring to make comments or presentations may register starting at 8:30 a.m. Any interested person may appear and offer comments, either orally or in writing, however, questioning of those making presentations will be reserved exclusively to the presiding officer as may be necessary to ensure a complete record. While any person with pertinent comments will be granted an opportunity to present them during the course of the hearing, the presiding officer reserves the right to restrict testimony in terms of time and repetitive content. Organizations, associations, or groups are encouraged to present their commonly held views and identical or similar comments through a representative member where possible. Comments on the proposed text should include appropriate citations to sections, subsections, paragraphs, etc., for proper reference. Any suggestions or request for alternative language or other revisions in the proposed text should be submitted in written form. Presentations must remain pertinent to the issue being discussed. A person may not assign a portion of his or her time to another speaker. A person who disrupts a public hearing must leave the hearing room if ordered to do so by the presiding officer. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or braille, are requested to contact Eloise Lundgren, Director of the Public Information Office, at 125 East 11th Street, Austin, Texas 78701-2383, (512) 463-8588 at least two work days prior to the meeting so that appropriate arrangements can be made. Written comments on the proposed repeals may be submitted to Jerry L. Dike, Director of Vehicle Titles and Registration, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for receipt of comments will be 5:00 p.m. on March 6, 1995. The repeals are proposed under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically Texas Civil Statutes, Articles 6687-1, et seq, which authorize the department to promulgate rules necessary to carry out the provisions of laws governing the issuance of motor vehicle certificates of title. Texas Civil Statutes, Articles 6687-1, et seq, is affected by these repeals. sec.17.1. Camper Trailers. sec.17.2. Double Wide Mobile Homes. sec.17.3. Trailers and Semi-Trailers: Carrying Capacity. sec.17.4. Initial Applications: Where Filed. sec.17.5. Machinery Plated Vehicles. sec.17.6. Permit Plated Vehicles. 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 January 26, 1995. TRD-9501104 Diane L. Northam Legal Executive Assistant Texas Department of Transportation Earliest possible date of adoption: March 6, 1995 For further information, please call: (512) 463-8630 Subchapter A. Motor Vehicle Certificates of Title 43 TAC sec.sec.17.1-17.3 The Texas Department of Transportation proposes new sec. s17.1-17.3, concerning Motor Vehicle Certificates of Title. The new sections replace the existing sec.sec.17.1-17.6 which are simultaneously being proposed for repeal. The new sections are necessary to efficiently and effectively issue motor vehicle certificates of title. New sec.17.1 and sec.17.2 describe the purpose and scope, and definitions. New sec.17.3 provides for initial application for certificates of title; evidence of motor vehicle ownership; certificate of title issuance; replacement of lost or destroyed certificates of title; and suspension, revocation, or refusal to issue certificates of title. Jerry L. Dike, Director of Vehicle Titles and Registration Division, has determined that for the first five-year period the new sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Dike has certified that there will be no significant impact on local economies or overall employment as a result of enforcing or administering the sections. Mr. Dike also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections as proposed will be a more effective and uniform approach to the issuance of motor vehicle certificates of title. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Pursuant to the Administrative Procedure Act, the Government Code, Chapter 2001, the Texas Department of Transportation will conduct a public hearing to receive comments concerning the proposed sections. The public hearing will be held at 9:00 a.m., on February 14, 1995, in Room 101, Building 200, 200 East Riverside Drive, Austin, Texas, and will be conducted in accordance with the procedures specified in 43 TAC sec.1.5. Those desiring to make comments or presentations may register beginning at 8:30 a.m. Any interested person may appear and offer comments, either orally or in writing, however, questioning of those making presentations will be reserved exclusively to the presiding officer as may be necessary to ensure a complete record. While any person with pertinent comments will be granted an opportunity to present them during the course of the hearing, the presiding officer reserves the right to restrict testimony in terms of time and repetitive content. Organizations, associations, or groups are encouraged to present their commonly held views and identical or similar comments through a representative member where possible. Comments on the proposed text should include appropriate citations to sections, subsections, paragraphs, etc., for proper reference. Any suggestions or request for alternative language or other revisions in the proposed text should be submitted in written form. Presentations must remain pertinent to the issue being discussed. A person may not assign a portion of his or her time to another speaker. A person who disrupts a public hearing must leave the hearing room if ordered to do so by the presiding officer. Persons with disabilities who plan to attend the hearing and who may need auxiliary aids or services, such as interpreters for persons who are deaf or hearing impaired, readers, large print or braille, are requested to contact Eloise Lundgren, Director of the Public Information Office, at 125 East 11th Street, Austin, Texas 78701-2383, (512) 463-8588 at least two work days prior to the hearing so that appropriate arrangements can be made. Written comments on the proposal may be submitted to Jerry L. Dike, Director of Vehicle Titles and Registration, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for receipt of comments will be 5:00 p.m. on March 6, 1995. The new sections are proposed under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically Texas Civil Statutes, Articles 6687-1, et seq, which authorize the department to promulgate rules necessary to carry out the provisions of laws governing the issuance of motor vehicle certificates of title. Texas Civil Statutes, Articles 6687-1, et seq, is affected by the new sections. sec.17.1. Purpose and Scope. The Certificate of Title Act, Texas Civil Statutes, Article 6687-1, charges the department with the responsibility of issuing certificates of title for motor vehicles, unless such motor vehicles are otherwise exempted by law. In order for the department to efficiently and effectively issue motor vehicle certificates of titles, maintain records, and collect the applicable fees consistent with the Certificate of Title Act, and to ensure proper application by motor vehicle owners in accordance with statutory provisions, the sections under this subchapter prescribe the policies and procedures for the application and issuance of motor vehicle certificates of titles. sec.17.2. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Bond release letter-Written notification from the United States Department of Transportation authorizing United States Customs to release the bond posted for an imported motor vehicle to ensure compliance with federal motor vehicle safety standards. Certificate of title-A written instrument which may be issued solely by and under the authority of the department, which reflects the purchase, sale, vehicle, license plate and lien information disclosed on the certificate of title application as specified in this subchapter or as may be required by the department. Certificate of title application-A form prescribed by the division director that reflects the information required by the department to create a motor vehicle title record. Date of sale -The date of the transfer of possession of a specific vehicle from a seller to a purchaser. Department-The Texas Department of Transportation. Distributor-A person engaged in the business of selling to a dealer motor vehicles bought from a manufacturer. Division director -The director of the department's Vehicle Titles and Registration Division. Federal motor vehicle safety standards-Motor vehicle safety requirements promulgated by the United States Department of Transportation, National Highway Traffic Safety Administration, set forth in Title 19, Code of Federal Regulations. First sale-A bargain, sale, transfer, or delivery with intent to pass an interest therein, other than a lien, and accompanied by registration, of a motor vehicle which has not been previously registered in this state or elsewhere. House moving dolly-An apparatus consisting of metal beams and axles used to move houses. House moving dollies, by nature of their construction and use, actually form a large semi-trailer. House trailer-A vehicle without automotive power designed for human habitation and for carrying persons and property upon its own structure and for being drawn by a motor vehicle, not to include manufactured housing. Identification certificate -A form issued by an inspector of an authorized safety inspection station on a vehicle previously registered or titled in another state or country in accordance with Texas Civil Statutes, Article 6701d, sec.142A. Implements of husbandry-Farm implements, machinery and tools used in tilling the soil, including self-propelled machinery specifically designed or especially adapted for applying plant food materials or agricultural chemicals. This term does not include implements that are not designed or adapted for the sole purpose of transporting the farm materials or chemicals, or any passenger car or truck. Importer-A person, except a manufacturer, who brings any used motor vehicle into this state for the purpose of sale within this state. Lien-A security interest, as defined in Business and Commerce Code, sec.1.201(37), of whatsoever kind or character whereby an interest, other than an absolute title, is sought to be held or given in a motor vehicle, and a lien created or given by constitution or statute in a motor vehicle. Manufacturer-A person regularly engaged in the business of manufacturing or assembling new motor vehicles, either within this state or elsewhere. Manufacturer's certificate of origin-A form prescribed by the department showing the original transfer of a new motor vehicle from the manufacturer to the original purchaser, whether importer, distributor, dealer, or owner, and when presented with an application for certificate of title show thereon, on appropriate forms to be prescribed by the department, each subsequent transfer between distributor and dealer, dealer and dealer, and dealer and owner. Moped-A motor driven cycle whose attainable speed is not more than 30 miles per hour and that is equipped with a motor that produces not more than two-brake horsepower. If an internal combustion engine is used, the piston displacement may not exceed 50 cubic centimeters and the power drive system may not require the operator to shift gears. Motor vehicle-Every kind of motor driven or propelled vehicle required to be registered under the laws of the state, including trailers, house trailers, and semitrailers, and shall also include motorcycles, motor-driven cycles, mopeds, and four-wheel all-terrain vehicles designed by the manufacturer for off-highway use, whether or not the vehicle is required to be registered under Texas Civil Statutes, Article 6675a-1. The term motor vehicle does not include manufactured housing, motorcycles, motor-driven cycles, and mopeds, designed for and used exclusively on golf courses. Motor vehicle importation form-An importer's declaration form prescribed by the United States Department of Transportation and certified by United States Customs that relates to an imported motor vehicle's compliance with federal motor vehicle safety standards. Negotiable title -A title that may be used to transfer an interest or ownership in a motor vehicle, or to establish a new lien. Non-negotiable title -A title that may be used only as evidence of title and may not be used to transfer any interest or ownership in a motor vehicle, or to establish a new lien. New motor vehicle -A motor vehicle which has never been the subject of a first sale either within this state or elsewhere. Non United States standard motor vehicle-A motor vehicle not manufactured in compliance with federal motor vehicle safety standards. Owner-A person, firm, association, or corporation other than a manufacturer, importer, distributor, or dealer claiming title to, or having a right to operate pursuant to a lien on a motor vehicle after the first sale, except the Federal Government and its agencies, and the State of Texas and a governmental subdivision or agency thereof not required by law to register motor vehicles owned or used thereby in this State. Safety certification label-A label placed on a motor vehicle by a manufacturer certifying that the motor vehicle complies with all federal motor vehicle safety standards. Semitrailer-A vehicle of the trailer type having a gross weight in excess of four thousand (4,000) pounds so designed or used in conjunction with a motor vehicle that some part of its own weight and that of its load rests upon or is carried by another vehicle. Statement of fact-A written declaration executed by the seller or involved party of a motor vehicle that clarifies an error made on evidence of ownership which supports the application for certificate of title. Subsequent sale -A bargain, sale, transfer, or delivery, with intent to pass an interest therein, other than a lien, of a motor vehicle which has been registered with this state or elsewhere, save and except when such vehicle is not required under law to be registered in this State. Token trailer fee-A registration fee paid for certain semitrailers, meeting the qualifications delineated in Texas Civil Statutes, Article 66751-6-1/2, and used in combination with truck tractors or commercial motor vehicles whose registration is based upon a combined gross weight. Trailer-Every vehicle having a gross unloaded weight in excess of four thousand (4,000) pounds and designed or used to carry its load wholly on its own structure and to be drawn by a motor vehicle. Used motor vehicle -A motor vehicle that has been the subject of a first sale whether within this state or elsewhere. Vehicle identification number-A number assigned by the manufacturer of a motor vehicle or the department that describes the motor vehicle for purposes of identification. sec.17.3. Motor Vehicle Certificates of Title. (a) Certificates of Title. Unless otherwise exempted by law or this chapter, the owner of any vehicle that is required to be registered in accordance with Texas Civil Statutes, Article 6675a-1, shall be required to apply for a Texas Certificate of Title in accordance with the Certificate of Title Act, Texas Civil Statutes, Article 6687-1. (1) Motorcycles, motor-driven cycles, and mopeds. (A) The title requirements of a motorcycle are the same requirements prescribed for any motor vehicle. (B) A motorcycle, motor-driven cycle, or a moped designed for or used exclusively on golf courses is not classified as a motor vehicle and, therefore, title cannot be issued until such time as the unit is registered. (C) A vehicle which meets the criteria for a moped and has been certified as a moped by the Department of Public Safety, must be registered and titled as a moped; otherwise, if the vehicle does not appear on the list of certified mopeds published by that agency, the vehicle will be treated as a motorcycle for title and registration purposes. (D) A motor installed on a bicycle must be certified by the Department of Public Safety before the vehicle may be classified as a moped. (2) Farm vehicles. (A) The term motor vehicle does not apply to implements of husbandry and may not be titled. (B) Farm tractors owned by agencies exempt from registration fees in accordance with Texas Civil Statutes, Article 6675a-5b, and farm tractors used as road tractors to mow rights-of-way or used to move commodities over the highway for hire are required to be registered and titled. (3) Exemptions from title. Vehicles registered with the following distinguishing license plates may not be titled under the Certificate of Title Act: (A) vehicles eligible for machinery license plates in accordance with Texas Civil Statutes, Article 6675a-2; (B) vehicles eligible for farm trailer license plates in accordance with Texas Civil Statutes, Article 6675a-6a; and (C) vehicles eligible for permit license plates in accordance with Texas Civil Statutes, Article 6675a-6b, Article 6675a-6c, and Article 6675a-6d. (4) Trailers, semitrailers, and house trailers. Owners of trailers, semitrailers, and house trailers must apply for and receive a Texas Certificate of Title for any stand alone (full) trailer, including homemade full trailers, having an empty weight in excess of 4,000 pounds or any semitrailer having a gross weight in excess of 4,000 pounds. House trailer-type vehicles must meet the criteria outlined in subsection (c) of this section in order to be titled. (A) In the absence of a manufacturer's rated carrying capacity for trailers and semitrailers, the rated carrying capacity shall not be less than one-third of its empty weight. (B) Mobile office trailers, mobile oil field laboratories, and mobile oil field bunkhouses are not designed as a dwelling, but classified as commercial semitrailers, and must be registered and titled as such if operated upon the public streets and highways. (C) House trailer-type vehicles and camper trailers must meet the following criteria in order to be titled. (i) A house trailer-type vehicle designed for living quarters and which is eight body feet or more in width or 40 body feet or more in length (not including the hitch), is classified as a mobile home and is titled under the Texas Manufactured Housing Standards Act, Texas Civil Statutes, Article 5221f, administered by the Department of Licensing and Regulation. (ii) A house trailer-type vehicle which is less than eight feet in width and less than 40 feet in length is classified as a travel trailer and must be registered and titled. (iii) A camper trailer must be titled as a house trailer and must be registered with travel trailer license plates. (b) Initial application for Certificate of Title. (1) Place of application. When motor vehicle ownership is transferred, except as provided by sec.17.74(c) of this title (relating to Dealers and Manufacturers Vehicle License Plates), a certificate of title application must be filed with the county tax assessor-collector in the county in which the applicant resides, or the county in which the motor vehicle was purchased or encumbered, within 20 working days of the date of sale. (2) Information to be included on application. An applicant for an initial certificate of title shall file an application on a form prescribed by the department. The form shall at a minimum require the: (A) motor vehicle description which includes, but is not limited to, the motor vehicle's: (i) year; (ii) make; (iii) model; (iv) identification number; (v) body style; (vi) exterior vehicle color; (vii) manufacturer's rated carrying capacity in tons for commercial motor vehicles; and (viii) empty weight; (B) license plate number, if the motor vehicle is subject to registration under Texas Civil Statutes, Article 6675a-1; (C) odometer reading and brand, or the word "exempt" if the motor vehicle is exempt from federal and state odometer disclosure requirements; (D) previous owner's name and city and state of residence; (E) name and complete address of the applicant; (F) name and mailing address of any lienholder and the date of lien, if applicable; (G) signature of the seller of the motor vehicle or the seller's authorized agent and the date the certificate of title application was signed; and (H) the signature of the applicant or the applicant's authorized agent and the date the certificate of title application was signed. (3) Serial Number. If no serial number is die-stamped by the manufacturer upon a motor vehicle, house trailer, trailer, semi-trailer, or an item of equipment required to be titled, or if the serial number assigned and die-stamped by the manufacturer has been lost, removed or obliterated, the department will, upon proper application, presentation of evidence of ownership, and presentation of a law enforcement physical inspection, assign a serial number to the motor vehicle, trailer or equipment; the manufacturer's serial number or the assigned serial number will be used by the department as the major identification of the motor vehicle, trailer or equipment in the issuance of a certificate of title. (4) Accompanying documentation. The certificate of title application shall be supported by, at a minimum, the following documents: (A) evidence of vehicle ownership, as described in subsection (c) of this section; (B) odometer disclosure statement properly executed by the seller of the motor vehicle and acknowledged by the purchaser, if applicable; (C) the identification certificate required by Texas Civil Statutes, Article 6701d, and Texas Civil Statutes, Article 6687-1, sec.30(a), if the vehicle was last registered in another state or country; and (D) release of any liens or, if not released, the liens shall be carried forward on the new certificate of title application pursuant to the following limitations. (i) An out-of-state lien recorded on out-of-state evidence as described in subsection (c) of this section cannot be carried forward to a Texas title when there is a transfer of ownership, unless a release of lien or authorization from the lienholder is attached. (ii) A lien recorded on out-of-state evidence as described in subsection (c) of this section is not required to be released when there is no transfer of ownership from an out-of-state title and the same lienholder is being recorded on the Texas application as is recorded on the out-of-state title. (c) Evidence of motor vehicle ownership. Evidence of motor vehicle ownership properly assigned to the applicant shall accompany the certificate of title application. Evidence shall include, but is not limited to, the following documents. (1) New motor vehicles. A manufacturer's certificate of origin assigned by the manufacturer or the manufacturer's representative or distributor to the original purchaser shall be required for a new motor vehicle that is sold or offered for sale. (A) The manufacturer's certificate or origin shall be in the form prescribed by the division director and shall contain, at a minimum, the following information: (i) motor vehicle description which includes, but is not limited to, the motor vehicle's year, make, model, identification number, body style, exterior vehicle color, and empty weight; (ii) the manufacturer's rated carrying capacity in tons when the manufacturer's certificate of origin is invoiced to a Texas dealer as defined in sec.17.60 of this title (relating to Dealers and Manufacturers Vehicle License Plates), and is issued for commercial motor vehicles as that term is defined in Texas Civil Statutes, Article 6675a-1; and (iii) a statement identifying a motor vehicle designed by the manufacturer for off-highway use only. (B) When a motor vehicle manufactured in another country is sold directly to a non-manufacturer's representative or distributor, the manufacturer's certificate of origin shall be assigned to the purchaser by the importer. (2) Used motor vehicles. A certificate of title issued by the department, a certificate of title issued by another state if the motor vehicle was last registered and titled in another state, or other evidence of ownership shall be relinquished in support of the certificate of title application for any used motor vehicle. A letter of Title and Registration verification is required from a vehicle owner coming from a state that no longer titles vehicles after a certain period of time. (3) Imported motor vehicles. An application for certificate of title for a motor vehicle last registered or titled in a foreign country shall be supported by, but is not limited to, the following documents: (A) the motor vehicle registration certificate or other verification issued by a foreign country which reflects the name of the applicant as the motor vehicle owner, or reflects that such evidence of ownership has been legally assigned to the applicant; and (B) proof of compliance with United States Department of Transportation regulations for all 1968 and subsequent year model motor vehicles and for all 1969 and subsequent year model motorcycles which shall include, but is not limited to, the following documents: (i) the original bond release letter with all attachments advising that the motor vehicle meets federal motor vehicle safety requirements or a letter issued by the United States Department of Transportation, National Highway Traffic Safety Administration, verifying the issuance of the original bond release letter; (ii) a legible copy of the motor vehicle importation form validated with an original United States Customs stamp, date, and signature as filed with the United States Department of Transportation confirming the exemption from the bond release letter required in clause (i) of this subparagraph, or a copy thereof certified by United States Customs; (iii) a verification of motor vehicle inspection by United States Customs certified on United States Customs letterhead and signed by a United States Customs agent verifying that the motor vehicle complies with United States Department of Transportation regulations; (iv) a written confirmation that a physical inspection of the safety certification label has been made by the department and that the motor vehicle meets United States motor vehicle safety standards; (v) the original bond release letter, or verification thereof, or written confirmation from the previous state verifying that a bond release letter issued by the United States Department of Transportation was relinquished to that jurisdiction, if the non United States standard motor vehicle was last titled or registered in another state for one year or less; or (vi) verification from the vehicle manufacturer on their letterhead stationary. (4) Alterations to documentation. An alteration to a registration receipt, certificate of title, manufacturer's certificate, or other evidence of ownership shall constitute valid reason for the rejection of any transaction to which such altered evidence is attached. The department may accept certain types of alterations provided that they are corrected in accordance with the following procedures. (A) Altered lien information on any surrendered evidence of ownership requires a release from the original lienholder or a statement from the proper authority of that state in which the lien originated verifying the correct lien information. (B) A strikeover on any document which leaves any doubt as the legibility of any digit in a number will not be accepted. (C) A correct manufacturer's certificate of origin will be required if the documents shows an: (i) incomplete or altered vehicle identification number; (ii) alteration or strikeover of the vehicle's year model; (iii) alteration or strikeover to the body style, or omitted body style on the manufacturer's certificate of origin; or (iv) alteration or strikeover to the manufacturer's rated carrying capacity. (D) A Statement of Fact may be requested to explain errors, corrections, or conditions from which doubt does or could arise concerning the legality of any instrument. A Statement of Fact will be required in all cases: (i) where the date of sale on an assignment has been erased or altered in any manner; or (ii) of alteration or erasure on a Dealer's Reassignment of Title. (d) Certificate of title issuance. Upon receiving a completed application for certificate of title, along with the applicable fees, the department or its designated agent will process and issue a certificate of title. (1) Negotiable titles. The department will issue and mail or deliver negotiable titles, marked "Original," to the applicant or, in the event that there is a lien disclosed in the application, to the first lienholder. (2) Non-negotiable titles. The department will issue non-negotiable titles, which may be used only as evidence of title and may not be used to transfer any interest or ownership in a motor vehicle, or to establish a new lien: (A) in the event that there is a lien disclosed in the application a duplicate certificate of title marked "Duplicate Original," will be mailed or delivered to the address of the applicant as disclosed upon the application; (B) in the event that the owner of a vehicle last registered or titled in another state (and subject to registration in this state) cannot or does not wish to relinquish the negotiable out-of-state evidence of ownership to obtain a negotiable Texas title, a duplicate certificate of title marked "Registration Purposes Only" will be mailed or delivered to the address of the applicant as disclosed upon the application (in instances where the title or registration receipt is assigned to the applicant, an application for "Registration Purposes Only" will not be processed). (e) Replacement of certificate of title. The owner or lien holder of a lost or destroyed certificate of title may obtain a certified copy of that title upon proper application with the department. (1) Certified Copy. A certificate of title will be marked "Certified Copy" until such time that ownership of the vehicle is transferred, when the words "Certified Copy" will be eliminated from the new certificate of title. (2) Recovery of lost title. In the event that the "Duplicate Original" or "Original" certificate of title is recovered, the owner shall relinquish the certified copy to the department for cancellation and the words "Certified Copy" will be eliminated from certificates issued thereafter by the department as a result of transfer of ownership. (f) Suspension, revocation, or refusal to issue Certificates of Title. (1) Grounds for title suspension, revocation, or refusal to issue. The department will refuse issuance of a certificate of title, or having issued a certificate of title, suspend or revoke the certificate of title if the: (A) application contains any false or fraudulent statement; (B) applicant has failed to furnish required information requested by the department; (C) applicant is not entitled to the issuance of a certificate of title under the Certificate of Title Act, Texas Civil Statutes, Article 6687-1; (D) department has reasonable ground to believe that the vehicle is a stolen or converted vehicle, or that the issuance of a certificate of title would constitute a fraud against the rightful owner or a mortgagee; (E) registration of the vehicle stands suspended or revoked; or (F) required fee has not been paid. (2) Contested case procedure. Any person who has an interest in a motor vehicle to which the department has refused to issue a certificate of title or has suspended or revoked the certificate of title may contest such decisions in accordance with the with the Certificate of Title Act, Texas Civil Statutes, Article 6687-1, sec.39, in the following manner: (A) Hearing. Any person who has an interest in a motor vehicle to which the department has refused to issue a certificate of title or has suspended or revoked the certificate of title may apply to the designated agent of the county in which they reside for a hearing. At the hearing the applicant and the department may submit evidence, and a ruling of the designated agent will bind both parties. An applicant wishing to appeal the ruling of the designated agent may do so to the county court of the county in which the applicant resides. (B) Alternative to hearing. In lieu of a hearing, any person who has an interest in a motor vehicle to which the department has refused to issue a certificate of title or has suspended or revoked a certificate of title may file a bond with the department, in an amount equal to one and one-half times the value of the vehicle as determined by the department, and in a form prescribed by the department. Upon the filing of the bond, the department may issue a certificate of title. The bond shall expire three years after the date it becomes effective and shall be returned to the person posting bond, upon expiration, unless the department has been notified of the pendency of an action to recover on the bond. 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 January 26, 1995. TRD-9501105 Diane L. Northam Legal Executive Assistant Texas Department of Transportation Earliest possible date of adoption: March 6, 1995 For further information, please call: (512) 463-8630 The Texas Department of Transportation proposes an amendment to sec.17.21, concerning definitions; new sec.17.36, concerning water well drilling equipment to reflect the merger of the Texas Water Well Drillers Board with the Texas Natural Resource Conservation Commission reenacting sec.17.24, in an amended form, which is being simultaneously repealed; new sec.17.37, concerning equipment and vehicles within road construction projects, reenacting sec.17.57; and new sec.17.38, concerning water well drilling vehicles reenacting sec.17.58, which is also simultaneously proposed for repeal. The department also proposes new sec.17.24, concerning disabled person license plates and identification placards; new sec.17.28, concerning special category license plates, symbols and tabs; and new sec.17.30, concerning commercial vehicle registration. These new sections replace sec.sec.17.28-17.31, 17.36, 17.37, and 17.39-17.48 concerning: personalized license plates: exceptions; personalized license plates: surrender of current plates; personalized license plates: transfers; personalized license plates: cancellation; conventional vehicle defined; weight certificates; commercial vehicles; empty weight; rated carrying capacity; gross weight; fixed weight criteria; additional weight; combination registration; house moving dollies; ready mix concrete trucks; travel trailers, mobile homes; and alteration of house trailers which are being simultaneously proposed for repeal. In order to efficiently and effectively issue disabled person license plates and identification placards, and special category license plates, symbols and tabs; register commercial motor vehicles; and maintain records and collect applicable fees, the subject matter is being consolidated. Jerry L. Dike, Director of Vehicle Titles and Registration Division, has determined that for each year of the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Dike has certified that there will be no significant impact on local economies or overall employment as a result of enforcing or administering the proposed sections. Mr. Dike also has determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of enforcing the sections as proposed will be a more effective and uniform approach to the issuance of disabled person license plates and identification placards; special category license plates, symbols and tabs; and commercial vehicle registration. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Pursuant to the Administrative Procedure Act, the Government Code, Chapter 2001, the Texas Department of Transportation will conduct a public hearing to receive comments concerning the proposed amendment and new sections. The public hearing will be held at 9:00 a.m. on February 14, 1995, in Room 101, Building 200, 200 East Riverside Drive, Austin, Texas, and will be conducted in accordance with the procedures specified in 43 TAC sec.1.5. Those desiring to make comments or presentations may register starting at 8:30 a.m. Any interested person may appear and offer comments, either orally or in writing, however, questioning of those making presentations will be reserved exclusively to the presiding officer as may be necessary to ensure a complete record. While any person with pertinent comments will be granted an opportunity to present them during the course of the hearing, the presiding officer reserves the right to restrict testimony in terms of time and repetitive content. Organizations, associations, or groups are encouraged to present their commonly held views and identical or similar comments through a representative member where possible. Comments on the proposed text should include appropriate citations to sections, subsections, paragraphs, etc., for proper reference. Any suggestions or request for alternative language or other revisions in the proposed text should be submitted in written form. Presentations must remain pertinent to the issue being discussed. A person may not assign a portion of his or her time to another speaker. A person who disrupts a public hearing must leave the hearing room if ordered to do so by the presiding officer. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or braille, are requested to contact Eloise Lundgren, Director of the Public Information Office, at 125 East 11th Street, Austin, Texas 78701-2383, (512) 463-8588 at least two work days prior to the meeting so that appropriate arrangements can be made. Written comments on the proposed amendment and new sections may be submitted to Jerry L. Dike, Director of Vehicle Titles and Registration, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for receipt of comments will be 5:00 p.m. on March 6, 1995. Motor Vehicle Registration 43 TAC sec.17.21 The amendment is proposed under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically Texas Civil Statutes, Articles 6675a-1, et seq, which authorize the department to promulgate rules necessary to carry out the provisions of laws governing the issuance of disabled person license plates and identification placards; special category license plates, symbols and tabs; and commercial vehicle registration. Texas Civil Statutes, Articles 6675a-1, et seq, is affected by the amendment. sec.17.21. Definitions. The following words and terms, when used in this undesignated head, shall have the following meanings, unless the context clearly indicates otherwise. Axle load-The total load transmitted to the road by all wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart, extending across the full width of the vehicle. Bus (motor)-A motor propelled vehicle used in transporting persons upon the public highways of this State for compensation or hire exclusively within the limits of incorporated cities and/or towns or suburban additions to such cities and/or towns. Bus (street or suburban)-A vehicle, except a motor bus or passenger car, used in transporting persons for compensation (or hire) exclusively with the limits of cities and towns or suburban additions to such cities or towns. Character-A numeric or alpha symbol displayed on a license plate. Disabled person -A person who has mobility problems that substantially impair the person's ability to ambulate or who is legally blind. International symbol of access-The symbol adopted by Rehabilitation International in 1969 at its Eleventh World Congress of Rehabilitation of the Disabled. Legally blind-Having not more than 20/200 of visual acuity in the better eye with correcting lenses, or visual acuity greater than 20/200 but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees. Light truck-As defined in Texas Civil Statutes, Article 6701d, s2(h), any truck with a manufacturer's rated carrying capacity not to exceed 2,000 pounds, including those trucks commonly known as pickup trucks, panel delivery trucks, and carryall trucks. Net carrying capacity-150 pounds multiplied by the seating capacity as determined by the manufacturer's rated seating capacity, exclusive of the driver's or operator's seat or in the case of a vehicle that is not rated by the manufacturer, an allowance of one passenger for each 16 inches, exclusive of the driver's or operator's seat. Nonprofit organization -An unincorporated association or society or a corporation that is incorporated or holds a certificate of authority under the Texas Non-Profit Corporation Act, as amended (Texas Civil Statutes, Articles 1396-1.01 et seq). Owner-In accordance with Texas Civil Statutes, Article 6675a-1(l), any person who holds the legal title of a vehicle or who has the legal right of possession thereof, or the legal right of control of said vehicle. Passenger car-In accordance with Texas Civil Statutes, Article 6675a- 1(j), any motor vehicle other than a motorcycle, golf cart, or a bus, designed or used primarily for the transportation of persons. Special category license plate-A special design license plate issued by the department under statutory authority. Special category license plate fee-Statutorily or department required fee payable upon submission of an application for a special category license plate, symbol, or tab, and collected in addition to statutory motor vehicle registration fees. Tandem axle group-Two or more axles spaced 40 inches or more apart from center to center having at least one common point of weight suspension. Tow truck-A motor vehicle or mechanical device adapted or used to tow, winch, or otherwise move disabled motor vehicles. Vehicle classification -The grouping of vehicles in categories for the purpose of registration, based upon design, carrying capacity, or use. 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 January 26, 1995. TRD-9501106 Diane L. Northam Legal Executive Assistant Texas Department of Transportation Earliest possible date of adoption: March 6, 1995 For further information, please call: (512) 463-8630 The Texas Department of Transportation proposes the repeal of sec.sec.17. 28- 17.31, 17.36, 17.37, and 17.39-17.48, concerning personalized license plates: exceptions; personalized license plates: surrender of current plates; personalized license plates: transfers; personalized license plates: cancellation; conventional vehicle defined; weight certificates; commercial vehicles; empty weight; rated carrying capacity; gross weight; fixed weight criteria; additional weight; combination registration; house moving dollies; ready mix concrete trucks; travel trailers, mobile homes; and alteration of house trailers. The sections are no longer necessary due to the consolidation of the subject matter in amendment to sec.17.21 concerning definitions; new sec.17.24 concerning disabled person license plates and identification placards; new sec.17.28 concerning special category license plates, symbols and tabs; and new sec.17.30 concerning commercial vehicle registration which are being simultaneously proposed for adoption. In order to efficiently and effectively issue disabled person license plates and identification placards, and special category license plates, symbols and tabs; register commercial motor vehicles; and maintain records and collect applicable fees, the subject matter is being consolidated. The department also proposes for repeal: sec.17.24 concerning water well drilling equipment, which is being renumbered and reenacted in an amended form as new sec.17.36, to reflect the merger of the Texas Water Well Drillers Board with the Texas Natural Resource Conservation Commission; sec.17.57 concerning equipment and vehicles within road construction projects, which is being renumbered and reenacted as new sec.17.37; and s17.58, concerning water well drilling vehicles, which is being renumbered and reenacted as new sec.17.38. Jerry L. Dike, Director of Vehicle Titles and Registration Division, has determined that each year of the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Dike has certified that there will be no significant impact on local economies or overall employment as a result of enforcing or administering the proposed sections. Mr. Dike also has determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of enforcing the sections will be a more effective and uniform approach to the issuance of disabled person license plates and identification placards; special category license plates, symbols and tabs; and commercial vehicle registration. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Pursuant to the Administrative Procedure Act, the Government Code, Chapter 2001, the Texas Department of Transportation will conduct a public hearing to receive comments concerning the proposed sections. The public hearing will be held at 9:00 a.m. on February 14, 1995, in Room 101, Building 200, 200 East Riverside Drive, Austin, Texas, and will be conducted in accordance with the procedures specified in 43 TAC sec.1.5. Those desiring to make comments or presentations may register starting at 8:30 a.m. Any interested person may appear and offer comments, either orally or in writing, however, questioning of those making presentations will be reserved exclusively to the presiding officer as may be necessary to ensure a complete record. While any person with pertinent comments will be granted an opportunity to present them during the course of the hearing, the presiding officer reserves the right to restrict testimony in terms of time and repetitive content. Organizations, associations, or groups are encouraged to present their commonly held views and identical or similar comments through a representative member where possible. Comments on the proposed text should include appropriate citations to sections, subsections, paragraphs, etc., for proper reference. Any suggestions or request for alternative language or other revisions in the proposed text should be submitted in written form. Presentations must remain pertinent to the issue being discussed. A person may not assign a portion of his or her time to another speaker. A person who disrupts a public hearing must leave the hearing room if ordered to do so by the presiding officer. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or braille, are requested to contact Eloise Lundgren, Director of the Public Information Office, at 125 East 11th Street, Austin, Texas 78701-2383, (512) 463-8588 at least two work days prior to the meeting so that appropriate arrangements can be made. Written comments on the proposed sections may be submitted to Jerry L. Dike, Director of Vehicle Titles and Registration, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for receipt of comments will be 5:00 p.m. on March 6, 1995. Motor Vehicle Registration 43 TAC sec.sec.17.24, 17.28-17.31, 17.36, 17.37, 17.39-17.48 (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 Transportation or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically Texas Civil Statutes, Articles 6675a-1, et seq, which authorize the department to promulgate rules necessary to carry out the provisions of laws governing the issuance of disabled person license plates and identification placards; special category license plates, symbols and tabs; and commercial vehicle registration. Texas Civil Statutes, Articles 6675a-1, et seq is affected by the repeals. sec.17.24. Water Well Drilling Equipment. sec.17.28. Personalized License Plates: Exceptions. sec.17.29. Personalized License Plates: Surrender of Current Plates. sec.17.30. Personalized License Plates: Transfers. sec.17.31. Personalized License Plates: Cancellation. sec.17.36. Conventional Vehicle Defined. sec.17.37. Weight Certificates. sec.17.39. Commercial Vehicles: Empty Weight. sec.17.40. Rated Carrying Capacity. sec.17.41. Gross Weight. sec.17.42. Fixed Weight Criteria. sec.17.43. Additional Weight. sec.17.44. Combination Registration. sec.17.45. House Moving Dollies. sec.17.46. Ready Mix Concrete Trucks. sec.17.47. Travel Trailers; Mobile Homes. sec.17.48. Alteration of House Trailers. 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 January 26, 1995. TRD-9501108 Diane L. Northam Legal Executive Assistant Texas Department of Transportation Earliest possible date of adoption: March 6, 1995 For further information, please call: (512) 463-8630 43 TAC sec.sec.17.24, 17.28, 17.30, 17.36-17.38 The new sections are proposed under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically Texas Civil Statutes, Articles 6675a-1, et seq, which authorize the department to promulgate rules necessary to carry out the provisions of laws governing the issuance of disabled person license plates and identification placards; special category license plates, symbols and tabs; and commercial vehicle registration. Texas Civil Statutes, Articles 6675a-1, et seq, is affected by the new sections. sec.17.24. Disabled Person License Plates and Identification Placards. (a) Purpose. Texas Civil Statutes, Article 6675a-5e.1, charge the department with the responsibility for issuing specially-designed license plates and identification placards for permanently and temporarily disabled persons. In order for the department to efficiently and effectively perform these duties, this section prescribes the policies and procedures for the application, issuance, and renewal of disabled person license plates and placards. (b) Issuance. (1) Disabled person license plates. (A) Vehicle. The department will issue specially designed license plates to permanently disabled persons or their transporters in lieu of regular passenger license plates, if the passenger vehicle, motorcycle, or light commercial vehicle: (i) has a manufacturer's rated carrying capacity of one ton or less; (ii) is used for non-commercial purposes; and (iii) is regularly operated by, or for the transportation of permanently disabled persons. (B) Identifying insignia. Disabled person license plates will include the international symbol of access. The department will issue disabled person insignia on those special category license plates that can accommodate the identifying insignia, and which are issued in accordance with sec.17.28 of this title (relating to Special Category License Plates, Symbols and Tabs). (C) License plate number. Disabled person license plates will bear a license plate number assigned by the department, or a personalized license plate number issued in accordance with sec.17.28 of this title (relating to Special Category License Plates, Symbols and Tabs). (2) Windshield identification placards. The department will issue removable windshield identification placards to temporarily or permanently disabled persons, and the transporters of permanently disabled persons. (A) Location. A person who has been issued a windshield identification placard shall suspend the placard from a vehicle's rearview mirror when the vehicle is parked in a disabled person parking space, or display the placard on the center portion of the dashboard if such vehicle does not have a rearview mirror. (B) Identifying insignia. Windshield identification placards will include the following information: (i) the international symbol of access; (ii) an identification number; (iii) the seal or other identification of the department; and (iv) date of expiration. (c) Initial application. (1) Place of application. The following persons may file an application for disabled person license plates or identification placards with the county tax assessor-collector in the county in which the applicant resides: (A) the owner of a registered vehicle that is regularly operated by or for the transportation of a disabled person; and (B) a disabled person who is not a vehicle owner. (2) Application form. Such application must be made on a form prescribed by the director and shall, at a minimum, require the name, address, and signature of the disabled person, excepting those organizations described in paragraph (4) of this subsection. (3) Accompanying documentation. Unless otherwise exempted by law or this section, an initial application for disabled person license plates and an identification placard must be accompanied by evidence that the operator or regularly transported person is disabled. Such evidence of disability includes, but is not limited to: (A) a disability statement, as it appears on the application for disabled person license plates or identification placards, which has been correctly completed by a licensed physician, or by a licensed optometrist if the applicant is legally blind; (B) certification from the Texas Rehabilitation Commission or the Texas Commission for the Blind on the letterhead of the agency; (C) certification from the Texas Handicap Association for its members; or (D) a sworn affidavit executed by an amputee of a limb, hand, or foot, or a disabled person confined to a wheelchair, and the county tax assessor-collector, or his or her designee, attesting to the applicant's disability. (4) Additional requirements. Applications for disabled person license plates and identification placards shall be accompanied by any fees or additional documentation as required by law. (5) Exemptions from accompanying documentation. The department will issue disabled person identification placards to an organization that regularly transports disabled persons in vehicles it owns or controls if such organization is prohibited by law from disclosing the identities of their clients. In such cases, the application may be made in the name of the organization. In addition, accompanying documentation described in paragraph (2) of this subsection will not be required. Such organizations shall present an "Exempt" Texas Vehicle Registration Receipt issued in accordance with sec.17. 30 of this title (relating to Motor Vehicle Registration) for each disabled person identification placard requested. (6) Limitations. (A) The department may issue the following number of disabled license plates and placards to applicants who are permanently disabled: (i) one set of disabled person license plates and one permanently disabled person identification placard; or (ii) no more than two permanently disabled person identification placards. (B) The department will issue no more than two temporarily disabled person identification placards to those with temporary disabilities. Disabled person license plates are not available to those with temporary disabilities. (d) Renewal. (1) License plates. Disabled person license plates are valid for a period of 12 months from the date of issuance, and are renewable as specified in sec.17. 30(d) of this title (relating to Motor Vehicle Registration). (2) Identification placards. Permanently disabled person identification placards are valid for a period of five years from the month of issuance. (A) Place of renewal application. The applicant shall apply to the tax assessor-collector of the county in which the owner resides for disabled person identification placard renewal, prior to the expiration of the identification placard. (B) Accompanying documentation. In order to renew a permanently disabled person identification placard, an applicant shall present a copy of the previous identification placard application or, if such previous application is not available, the applicant shall reapply as described in subsection (c) of this section. (3) Temporarily disabled person identification placards. Temporarily disabled person identification placards are valid for six months from the month of issuance or until the termination of the applicant's disability, whichever occurs first. (A) Termination of disability. If a person's disability ends prior to the expiration of the identification placard, the placard shall be destroyed. (B) Renewal. If a person's temporary disability extends for more than the six- month period for which the placard was issued, such person must reapply for a new identification placard as described in subsection (c) of this section. (e) Replacement. (1) License plates. If disabled person license plates are lost, stolen, or mutilated, the own