ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 1. ADMINISTRATION Part XII. Advisory Commission on State Emergency Communications Chapter 251. Regional Plans-Standards 1 TAC sec.251.2 The Advisory Commission on State Emergency Communications (ACSEC) adopts the repeal of sec.251.2, regarding guidelines to govern amendments to approved regional plans and establish a process for modifying plans, without changes to the proposed text as published in the August 23, 1994, issue of the Texas Register (19 TexReg 6631). This section is being repealed to allow for the adoption of a new section that will consolidate policies associated with amending 9-1-1 Regional Plans. No comments were received regarding adoption of the repeal. The repeal is adopted under the Health and Safety Code, Chapter 771, sec.sec.771.055, 771.056, 771.057, and 771.072, which provides the ACSEC with the authority for developing and amending a regional plan for the establishment and operations of 9-1-1 service in accordance with Commission standards and procedures. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 8, 1995. TRD-9501618 Mary A. Boyd Executive Director Advisory Commission on State Emergency Communications Effective date: March 1, 1995 Proposal publication date: August 23, 1994 For further information, please call: (512) 305-6911 1 TAC sec.251.3 The Advisory Commission on State Emergency Communications (ACSEC) adopts the repeal of sec.251.3, regarding Guidelines for Addressing Funds, without changes to the proposed text as published in the August 12, 1994, issue of the Texas Register (19 TexReg 6323). This section is being repealed to allow for the adoption of a new section that will clarify provisions for the use and distribution of funds for statewide addressing projects. The policy and guidelines for sec.251.3 are for use in emergency communications, regional planning, and funding for statewide addressing projects. Section 251.3 specifies the types of funds available for distribution, parties eligible for such funds, procedural requirements, and the approval process associated with requests for funds. No comments were received regarding adoption of the repeal. The repeal is adopted under the Health and Safety Code, Chapter 771, sec.sec.771.055, 771.056, 771.057, and 771.072, which authorizes ACSEC with the authority to develop and amend a regional plan for the establishment and operation of 9-1-1 services throughout a 9-1-1 region that meets the standards established by the commission according to the procedures determined by the commission. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 8, 1995. TRD-9501620 Mary A. Boyd Executive Director Advisory Commission on State Emergency Communications Effective date: March 1, 1995 Proposal publication date: August 12, 1994 For further information, please call: (512) 305-6911 The Advisory Commission on State Emergency Communications (ACSEC) adopts new sec.251.3, in accordance with the Texas Health and Safety Code, Chapter 771, concerning Guidelines for Addressing Projects, with changes to the proposed text as published in the October 25, 1994, issue of the Texas Register (19 TexReg 8519). The ACSEC has adopted a policy regarding rural addressing and the use of state addressing funds. These guidelines address the use and distribution of Addressing Pool Funds, 9-1-1 Funds, and other related funds. Street addresses are essential to E9-1-1 systems utilizing the Automatic Location Identifier feature which displays locations of 9-1-1 callers. The rule is justified because it provides guidelines for the use and distribution of Addressing Pool Funds, 9-1-1 Funds, and other related funds for statewide addressing projects. The addressing of streets is essential to E9-1-1 systems utilizing the Automatic Location Identifier feature because it displays locations of 9-1-1 callers on the computer screens of emergency communications equipment. Comments were received from the Houston-Galveston Area Council, Concho Valley Council of Governments, and Robertson County with regard to what constitutes project completion and the submission of time consuming comprehensive activity reports before each reimbursement can be processed. ACSEC agrees and clarifies by deleting language that speaks to reimbursement of budgeted funds for addressing projects that are half completed. The new section is adopted under Health and Safety Code, Chapter 771, sec.sec.771.051, 771.056, and 771.057, which provides the Advisory Commission on State Emergency Communications with the authority to develop and amend a regional plan for the operation of 9-1-1 services throughout the region that meets standards set by the commission. sec.251.3. Guidelines for Addressing Funds. (a) Policy. The Advisory Commission on State Emergency Communications has adopted a policy regarding rural addressing and the use of state addressing funds. These guidelines address the use and distribution of Addressing Pool Funds, 9-1-1 Funds, and other related funds. Street addresses are essential to E9-1-1 systems utilizing the Automatic Location Identifier feature which displays locations of 9-1-1 callers. (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Addressing Activities-The work associated with the inventory of a county for the purposes of rural addressing, conversion of box and route numbers to street addresses, correction of existing address errors, assignment of direction or grid locations, notification to residents of new addresses, resolution of address assignment problems, and installation of new street signs. (2) Addressing Completion-A county addressing project, based upon the inventory, has corrected address errors, notified all affected residents of address changes by the county addressing authority, provided all new or changed addresses to telephone companies and the post office, and established a maintenance method. (3) Addressing Pool Funds-Funds directed to statewide addressing use including but not limited to federal or state grants, contributions, donations, and telephone rate case distributions but excluding Service Fee, either restricted or unrestricted in use. (4) Cost-Estimate Worksheet-A form which is used to list and calculate the costs and funds needed for addressing activities in a county. (5) Donations-Funds or activities provided by a third party as approved on the cost-estimate worksheet. (6) Emergency Communications District-A public agency or group of public agencies acting jointly that provided 9-1-1 service before September 1, 1987, or that had voted or contracted before that date to provide that service; or a district created under Health and Safety Code, Chapter 772, Subchapter B, C, or D. (7) Geographic Information System (GIS)-A system necessary to map emergency service number (ESN) boundaries and reflect annexations and other feature changes; to list emergency service provider translations for ESNs, to provide and maintain master street address guide (MSAG) format, validate and resolve database discrepancies; to project new addresses and block ranges as an initial assignment or correction; for ongoing issuance of new addresses; and for locator maps for emergency services providers. (8) In-kind-Equivalent services for costs which otherwise would have been accrued, provided by local government, volunteers, or a third party in lieu of direct cash contributions as approved on the cost-estimate worksheet. (9) Local Funds-Funds provided by local government from general revenue, equivalent to in-kind services, and other local sources for addressing. (10) Match-Non-Addressing Pool or 9-1-1 Funds which may include cash, value of in-kind services, and third-party donations as approved on the cost-estimate worksheet. Examples include cash, labor, office space, and street sign machines. (11) Regional Plan-Each regional planning commission shall develop and plan for the establishment and operation of 9-1-1 service throughout the region that the regional planning commission serves. The service must meet the standards established by the Advisory Commission. (12) Regional Planning Commission-A commission established under Local Government Code, Chapter 391, also referred to as a regional council of governments (COG). (13) Restricted Funds-Addressing Pool Funds for which the contributing agency has required certain conditions to be met in distributing funds for addressing. (14) Road Mile Count-County road miles based upon most current data from the Texas Department of Transportation. (15) Unaddressed County-A county in Texas which has not completely notified residents of new addresses under a county addressing process. (16) Unaddressed Housing Count-The calculated number of housing units in a county based upon rural population data from the most recent U.S. Census reports. (17) Unaddressed Land Parcel Count-The estimated number of county land parcels which have no address as calculated by counties to be addressed. (18) Unrestricted Funds-Addressing Pool Funds for which the contributing agency does not require conditions to be met in distributing funds for addressing. (19) Total Addressing Costs-The approved adjusted gross total costs for an addressing project as identified by the cost-estimate worksheet. (20) 9-1-1 Funds-Funds assessed and disbursed in accordance with the Texas Health and Safety Code, Chapter 771. (c) Policy and Procedures. The Commission authorizes and allocates addressing funds to include Addressing Pool Funds and 9-1-1 Funds. Addressing Pool Funds may include funds not actually provided ACSEC, but placed under its control by a third party specifically for the purposes of this program. (1) Any unaddressed county who is implementing or operating 9-1-1 service, or a COG or emergency communication district applying on behalf of such a county are considered eligible. (2) Unrestricted Addressing Pool Funds will be allocated by adding all counties' numbers of road mileage, unaddressed housing units, and unaddressed land parcels. The total of those numbers will be compared against each county's individual total and a proportionate share of funds will be allocated to each county. The Commission may establish a minimum amount of Addressing Pool Funds to be allocated to each eligible county in order to ensure adequate minimum funding to support addressing activities. (3) Restricted Addressing Pool Funds will be allocated in accordance with those restrictions placed upon their distribution by the contributing agency. (4) As available, restricted Addressing Pool Funds will be allocated first to eligible applicants, followed by unrestricted Addressing Pool Funds and 9-1-1 Funds in order. (5) For the purposes of this rule, the Addressing Pool Funds and 9-1-1 Funds may be used only for costs associated with eligible addressing activities. (6) A county must provide one dollar of local funds for every three dollars (25% match) allocated or authorized under this fund. (7) Under no circumstances will funds be allocated or approved under this program that exceed total net funds needed as calculated by the cost-estimate worksheet. (8) In accordance with this policy, eligible counties or emergency communications districts which have already started addressing activities and incurred costs may request reimbursement of those documented addressing expenditures, if costs were incurred since January 1, 1991. (9) Funds under this program must be requested by a deadline to be established by the Commission. Funds may be awarded by the Commission following this established date on a case-by-case basis. (10) Where 9-1-1 funds are applied to the cost of addressing, addressing component costs may be capped by the Commission through the cost estimate worksheet. (d) Requesting Addressing Pool Funds and 9-1-1 Funds. A regional plan amendment from a COG or a request from an emergency communications district is required as a means of requesting funds under this program. (1) A regional plan amendment or request for funds from a COG must contain the following: (A) a current addressing project narrative; (B) a completed cost-estimate worksheet including identification of the required local match; (C) an approved projected COG financial cash flow if 9-1-1 Funds are requested; (D) if necessary, a request to amend the COG administrative budget for additional staff whether through hiring or through personnel contract services; and (E) a county commissioners court order in support of the addressing request where a COG is performing addressing on behalf of the county. (2) A request for funds from Emergency Communications Districts must contain the following information: (A) an addressing project narrative; (B) a completed cost-estimate worksheet including identification of the required local match; and (C) a county commissioners court order in support of the addressing request where a District is performing addressing on behalf of the county. (3) Regional plan amendments and requests for funds under this program should be submitted by the COG or the emergency communications district to the Commission five weeks prior to the scheduled Commission meeting at which the amendment or request will be considered. (4) Funds shall be reimbursed based upon addressing progress in a county. Full reimbursement shall only be made when all addressing activities are completed. (e) Reporting. Addressing funds will be allocated to COGs and emergency communication districts on a reimbursement basis. A performance and financial report is to be submitted to the Commission in accordance with established Commission policy. The performance report shall include phases of addressing activities for progress and reimbursement reporting purposes. Where a COG or an emergency communication district is the primary contractor but a county is providing services under this program, said reports shall be provided to the Commission prior to COG or emergency communications district reimbursement of related county expenses. Counties, emergency communications districts, and COGs are required to follow local government statutes as they apply to competitive proposals for purchase of services and equipment. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 30, 1995. TRD-9501189 Mary A. Boyd Executive Director Advisory Commission on State Emergency Communications Effective date: March 1, 1995 Proposal publication date: October 25, 1994 For further information, please call: (512) 305-6911 27> Chapter 252. Administration 1 TAC sec.252.2 The Advisory Commission on State Emergency Communications (ACSEC) adopts the repeal of sec.252.2, concerning authorizing the planning, implementation, and financing of 9-1-1 state emergency communications, without changes to the proposed text as published in the August 23, 1994, issue of the Texas Register (19 TexReg 6631). This section is being repealed to allow for the adoption of a new section that will consolidate policies associated with amending 9-1-1 Regional Plans. No comments were received regarding adoption of the repeal. The repeal is adopted under the Health and Safety Code, Chapter 771, Subchapters C and D, which provide ACSEC with the authority for the planning, implementation, and financing of 9-1-1 state emergency communications, and the use of 9-1-1 revenue. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 8, 1995. TRD-9501619 Mary A. Boyd Executive Director Advisory Commission on State Emergency Communications Effective date: March 1, 1995 Proposal publication date: August 23, 1994 For further information, please call: (512) 305-6911 TITLE 4. AGRICULTURE Part III. Texas Feed and Fertilizer Control Service Chapter 61. Feed Labeling 4 TAC sec.61.21, sec.61.22 The Feed and Fertilizer Control Service/Office of the Texas State Chemist adopts amendments to sec.61.21, and sec.61.22 concerning Labeling of Commercial Feed, with changes to the proposed text as published in the November 8, 1994, issue of the Texas Register (19 TexReg 8901). Section 61.21(a) to (e) is adopted without changes, subsection (f) has been added to conform to the AAFCO Model Feed Bill under Texas Register format. Section 61.22(1) and (4) are adopted with changes, paragraphs (2), (3), (5), (6), (7) and (8) are adopted without changes. The sections adopted without change represent a clarification of present trademark policy and the creation of a new paragraph on net weights, sec.61. 22(8), creates no new rule but simply moves an existing portion of the rule to a different section. The comments received dealt with sec.61.22(1) and (4). Respondents opposed adoption of sec.61.22(1)(A) and (B), sec.61.22(4)(A) and (E) because they did not conform to the AAFCO Model Bill. Additionally, the Texas Grain and Feed Industry requested the State Chemist to hold an open meeting-the request was withdrawn on January 17, 1995. No comments were received in favor of the adopted amendments. The American Feed Industry Association (AFIA) and the Texas Grain & Feed Association (TGFA) commented against adoption of the amendments. The Service has held open meetings to receive comments on the proposed revision of labels. Specific dates were August 16, 1994, (Q&A) and November 10, 1994. Neither respondent opposed the new labeling initiative per se, rather each believed that the particulars of the AAFCO labeling proposal were not sufficiently defined by reference and that to adopt by reference might violate the Administrative Procedures Act. The Service notes that the feed rules by long standing custom adopt by reference, e.g., sec.61.1 and sec.61.41. A hearing is necessary to adopt by reference, but two such hearings were held about these rules. However, since the Service does agree that confusion could arise if the rules were not clearly specified and publication of the labeling regulations in detail relieves a registrant of the necessity of securing the rules from AAFCO, the Service will adopt the appropriate sections from the AAFCO labeling initiative by amendment. The amendments are proposed under Texas Agriculture Code, Chapter 141, sec.141.004 which provides the Feed and Fertilizer Control Service with the authority to adopt rules relating to the distribution of commercial feeds. sec.61.21. General Label Restrictions. (a)-(b) (No change.) (c) A trademark or trade name may form part of the labeling of a commercial feed provided that: (1) (No change.) (2) the display of the trademark or trade name is no more conspicuous than the display of the name of the registrant or guarantor of the product or other required information, i.e., its style, size and color of print makes it no more likely to be read than the accompanying/surrounding word(s), statement(s) or other required information. (d)-(e) (No change.) (f) The labeling of animal feeds and intended use must be consistent with the intended purpose of the product. sec.61.22. Labeling of Commercial Feed. Commercial feed shall be labeled with the information prescribed in the Texas Commercial Feed Control Act (Act) and this chapter on the principal display panel of the product with the following general format, unless otherwise specifically provided. (1) Purpose Statement. (A) A statement of purpose shall contain the specific species and animal class(es) for which the feed is intended. The purpose statement may be excluded from the label if the product name includes a description of the species and animal class(es) for which the product is intended. (B) The manufacturer shall have flexibility in describing in more specific and common language the defined animal class, specie and purpose while being consistent with the category of animal class defined in this subparagraph which may include, but is not limited to including, the weight range(s), sex or ages of the animal(s) for which the feed is manufactured. (i) Poultry. (I) Layers-chickens that are grown to produce eggs for food, i.e., table eggs: (-a-)Starting/ Growing -from day of hatch to approximately ten weeks of age; (-b-) Finisher-from approximately ten weeks of age to time first egg is produced. (Approximately 20 weeks of age.) (-c-) Laying-from time first egg is laid throughout the time of egg production; (-d-)Breeders- chickens that produce fertile eggs for hatch replacement layers to produce eggs for food, table eggs, from time first egg is laid throughout their productive cycle. (II) Broilers-chickens that are grown for human food: (-a-)Starting/ Growing-from day of hatch to approximately five weeks of age; (-b-) Finisher-from approximately five weeks of age to market (42 to 52 days); (-c-) Breeders-hybrid strains of chickens whose offspring are grown for human food, (broilers), any age and either sex. (III) Broilers, Breeders-chickens whose offspring are grown for human food (broilers): (-a-) Starting /Growing-from day of hatch until approximately ten weeks of age; (-b-) Finishing-from approximately ten weeks of age to time first egg is produced, approximately 20 weeks of age; (-c-) Laying-fertile egg producing chickens (broilers/roasters) from day of first egg throughout the time fertile eggs are produced. (IV) Turkeys. (-a-) Starting /Growing-turkeys that are grown for human food from day of hatch to approximately 13 weeks of age (males); (-b-) Finisher-turkeys that are grown for human food, females from approximately 17 weeks of age; males from 16 weeks of age to 20 weeks of age, (or desired market weight); (-c-) Laying-female turkeys that are producing eggs; from time first egg is produced, throughout the time they are producing eggs; (-d-) Breeder-turkeys that are grown to produce fertile eggs, from day of hatch to time first egg is produced (approximately 30 weeks of age), both sexes. (V) Ducks. (-a-) Starter-0 to 3 weeks of age; (-b-) Grower-3 to 6 weeks of age; (-c-) Finisher-6 weeks to market; (-d-) Breeder Developer-8 to 19 weeks of age; (-e-) Breeder-22 weeks to end of lay. (VI) Geese. (-a-) Starter-0 to 4 weeks of age; (-b-) Grower-4 to 8 weeks of age; (-c-) Finisher-8 weeks to market; (-d-) Breeder Developer-10 to 22 weeks of age; (-e-) Breeder-22 weeks to end of lay. (ii) Swine. (I) Pre-Starter-2 to 11 pounds; (II) Starter-11 to 44 pounds; (III) Grower-44 to 110 pounds; (IV) Finisher-110 to 242 pounds (market); (V) Gilts, Sows and Adult Boars; (VI) Lactating Gilts and Sows; (iii) Beef Cattle; (I) Birth to Weaning; (II) Weaned Animals on Pasture; (III) Feedlot Animals; (iv) Dairy Cattle; (I) Veal Milk Replacer-milk replacer to be fed for veal production; (II) Herd Milk Replacer-milk replacer to be fed for herd replacement; (III) Starter-approximately three days to three months; (IV) Growing Heifers, Bulls, and Dairy Beef; (-a-) Grower 1-3 months to 12 months of age; (-b-) Grower 2-more than 12 months of age; (V) Lactating Dairy Cattle; (VI) Non-Lactating Dairy Cattle; (v) Fish (Species shall be declared in lieu of class); (I) Trout; (II) Catfish; (III) Species other than trout or catfish; (vi) Rabbit; (I) Grower-4 to 12 weeks of age; (II) Breeder-12 weeks of age and over; (vii) Equine. (I) Foal; (II) Mare; (III) Breeding; (IV) Maintenance; (viii) Goat and Sheep; (I) Starter; (II) Grower; (III) Finisher; (IV) Breeder; (V) Lactating. (2)-(3) (No change.) (4) Guaranteed analysis of the feed: (A) The guaranteed analysis of the feed shall include the following items in the following order, unless exempted in accordance with subparagraph (E) of this paragraph. (i)-(iv) (No change.) (v) The guarantees for minerals shall be expressed as follows. (I) Commercial feeds containing calcium, phosphorus and/or salt shall include a guaranteed analysis of the following minerals in the following order: (-a-) minimum and maximum percentage of calcium (Ca); (-b-) minimum percentage of phosphorus (P); (-c-) minimum and maximum percentages of salt (NaCl), when required; and (-d-) such other minerals as may be required by subclause (IV) of this clause; (II)-(IV) (No change.) (vi) The guarantees for vitamins shall be expressed as follows. (I) If made, guarantees for minimum vitamin content of commercial feeds and feed supplements shall be stated on the label in milligrams per pound of feed, except that: (-a-) vitamin A, other than precursors of vitamin A, shall be stated in international units per pound; (-b-) vitamin D [sub]3, in products offered for poultry feeding, shall be stated in international chick units per pound; (-c-) vitamin D, for other uses, shall be stated in terms of international units per pound; (-d-) vitamin E shall be stated in international units per pound; (-e-)-(-f-) (No change.) (II) (No change.) (vii) The analysis shall include the minimum percentage total sugars as invert on products being sold for their molasses content or products containing more than 16% sugars. (viii) (No change.) (ix) Microorganisms need not be guaranteed when the commercial feed is intended for a purpose other than to furnish these substances and no other specific label claims are made. When guaranteed, the units shall be colony forming units (CFU) per gram if directions for use are in grams or in CFU per pound when directions for use are in pounds. A parenthetical statement following the guarantee shall list each species in order of predominance. (x) Other required and voluntary guarantees should follow in a general format such that the units of measure used to express guarantees (percentage, parts per million, international units, etc.) are listed in a sequence which provides a consistent grouping of the units of measure. (B)-(D) (No change.) (E) Exemptions are as follows. (i)-(iv) (No change.) (v) A mineral guarantee is not required; (I) when the feed or feed ingredient is intended for non-food producing animals and contains less than 6. 5% total minerals, and (II) when the feed or feed ingredient is not represented nor does it serve as a principle source of that mineral to the animal. (vi) Complete feeds and supplements which declare an animal class and conform to the specific guaranteed analysis listed in subclauses (I) to (X). (I) Poultry. (-a-) Chickens and Turkeys-all classes: (-1-) Minimum percentage of crude protein; (-2-) Minimum percentage of lysine; (-3-) Minimum percentage of methionine; (-4-) Minimum percentage of crude fat; (-5-) Maximum percentage of crude fiber; (-6-) Minimum and maximum percentage of calcium; (-7-) Minimum percentage of phosphorus; (-8-) Minimum and maximum percentage of salt (if added); (-9-) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee. (-b-) Ducks and Geese-all classes: (-1-) Minimum percentage of crude protein; (-2-) Minimum percentage of crude fat; (-3-) Maximum percentage of crude fiber; (-4-) Minimum and maximum percentage of calcium; (-5-) Minimum percentage of phosphorus; (-6-) Minimum and maximum percentage of salt (if added); (-7-) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee. (II) Swine-all animal classes. (-a-) Minimum percentage of crude protein; (-b-) Minimum percentage of lysine; (-c-) Minimum percentage of crude fat; (-d-) Maximum percentage of crude fiber; (-e-) Minimum and maximum percentage of calcium; (-f-) Minimum percentage of phosphorus; (-g-) Minimum and maximum percentage of salt (if added); (-h-) Minimum and maximum percentage of total sodium shall be; guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; (-i-) Minimum selenium in parts per million (ppm); (-j-) Minimum zinc in parts per million (ppm). (III) Beef Cattle. (-a-) Complete Feeds and Supplements-all animal classes; (-1-) Minimum percentage of crude protein; (-2-) Maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) when added; (-3-) Minimum percentage of crude fat; (-4-) Maximum percentage of crude fiber; (-5-) Minimum and maximum percentage of calcium; (-6-) Minimum percentage of phosphorus; (-7-) Minimum and maximum percentage of salt (if added); (-8-) Minimum and maximum percentage of total sodium shall be; guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; (-9-) Minimum percentage of potassium; (-10-) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added); (-b-) Mineral Feeds (if added): (-1-) Minimum and maximum percentage of calcium; (-2-) Minimum percentage of phosphorus; (-3-) Minimum and maximum percentage of salt; (-4-) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; (-5-) Minimum percentage of magnesium; (-6-) Minimum percentage of potassium; (-7-) Minimum copper in parts per million (ppm); (-8-) Minimum selenium in parts per million (ppm); (-9-) Minimum zinc in parts per million (ppm); (-10-) Minimum vitamin A, other than precursors of vitamin A, in international units per pound; (IV) Dairy Cattle. (-a-) Complete Feeds and Supplements; (-1-) Minimum percentage of crude protein; (-2-) Maximum percentage of non-protein nitrogen (NPN) when added; (-3-) Minimum percentage of crude fat; (-4-) Maximum percentage of crude fiber; (-5-) Maximum percentage of acid detergent fiber (ADF); (-6-) Minimum and maximum percentage of calcium; (-7-) Minimum percentage of phosphorus; (-8-) Minimum selenium in parts per million (ppm); (-9-) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added); (-b-) Dairy Mixing and Pasture Mineral with Vitamins (if added) (-1-) Minimum and maximum percentage of calcium; (-2-) Minimum percentage of phosphorus; (-3-) Minimum and maximum percentage of salt; (-4-) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; (-5-) Minimum percentage of magnesium; (-6-) Minimum percentage of potassium; (-7-) Minimum selenium in parts per million (ppm); (-8-) Minimum vitamin A, other than precursors of vitamin A, in international units per pound; (V) Veal & Herd Replacement Milk Replacer. (-a-) Minimum percentage of crude protein; (-b-) Minimum percentage of crude fat; (-c-) Maximum percentage of crude fiber; (-d-) Minimum and maximum percentage of calcium; (-e-) Minimum percentage of phosphorus; (-f-) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added). (VI) Fish Complete Feeds and Supplements. (-a-) Minimum percentage of crude protein; (-b-) Minimum percentage of crude fat; (-c-) Maximum percentage of crude fiber; (-d-) Minimum percentage of phosphorus. (VII) Rabbit Complete Feeds and Supplements (all animal classes). (-a-) Minimum percentage of crude protein; (-b-) Minimum percentage of crude fat; (-c-) Minimum and maximum percentage of crude fiber; (-d-) Minimum and maximum percentage of calcium; (-e-) Minimum percentage of phosphorus; (-f-) Minimum and maximum percentage of salt (if added); (-g-) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; (-h-) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added). (VIII) Equine Complete Feeds and Supplements (all animal classes). (-a-) Minimum percentage of crude protein; (-b-) Minimum percentage of crude fat; (-c-) Maximum percentage of crude fiber; (-d-) Minimum and maximum percentage of calcium; (-e-) Minimum percentage of phosphorus; (-f-) Minimum copper in parts per million (ppm); (-g-) Minimum selenium in parts per million (ppm); (-h-) Minimum zinc in parts per million (ppm); (-i-) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added). (IX) Goat and Sheep Complete Feeds and Supplements (all animal classes). (-a-) Minimum percentage of crude protein; (-b-) Maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) when added; (-c-) Minimum percentage of crude fat; (-d-) Maximum percentage of crude fiber; (-e-) Minimum and maximum percentage of calcium; (-f-) Minimum percentage of phosphorus; (-g-) Minimum and maximum percentage of salt (if added); (-h-) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; (-i-) Minimum and maximum copper in parts per million (ppm) (if added, or if total copper exceeds 20 ppm); (-j-) Minimum selenium in parts per million (ppm); (-k-) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added); (X) All Animal Classes and Species-Grain Mixtures with or without Molasses. (-a-) Minimum percentage of crude protein; (-b-) Minimum percentage of crude fat; (-c-) Maximum percentage of crude fiber. (5) (No change.) (6) Directions for use and cautionary statements. (A)-(B) (No change.) (C) Feeds containing urea or other non-protein nitrogen products. (i) All mixed feeds containing urea or other non-protein nitrogen products except those which comply with clause (iv) of this subparagraph shall have included on their label: (I) the parenthetical statement: "(For Ruminants Only)" printed directly below the brand or product name for the feed; (II) the statement "Warning: (or "Caution:") Use as Directed" followed by adequate directions for the safe use of the feed if the equivalent protein from non-protein nitrogen in the feed exceeds one-third of the total crude protein, or more than 8.75% of the equivalent protein is from non-protein nitrogen; and (III) a separate maximum guarantee for non-protein nitrogen originating from the addition of a mineral. (ii) All directions for use required by the subparagraph shall be printed in a size of type such that the directions will be read and understood by ordinary persons under customary conditions of purchase and use. (iii) This subparagraph shall apply to all invoiced, labeled customer-formula and registered brand labeled feeds. (iv) Feeds, such as medicated feeds, which are required to be labeled with adequate feeding directions and cautionary statements irrespective of the provisions of this subparagraph, shall not be required to bear duplicate feeding directions or cautionary statements on their labels if such statements as are otherwise required are sufficient to ensure the safe and effective use of the product due to the presence of non-protein nitrogen. (D) (No change.) (7) (No change.) (8) Net Weight. (A) Net weight must be expressed both in English and in SI units. (i) when the net weight is expressed in pounds, the corresponding SI units shall be in kilograms and vice-versa; (ii) when the net weight is expressed in ounces, the corresponding SI units shall be in grams; (iii) any fractional number which arises expressing the net weight in both systems shall be limited to two decimal places and the number rounded down. (B) Measurement. (i) Packages, dry and liquid bulk shall be determined directly from scales or for bulk liquids only as calculated from volume and specific gravity/density. (ii) Conformance to weight guarantee shall be judged solely by use of certified scale defined in accordance with Texas Department of Agriculture standards. (iii) Dip-sticks, uncertified/uncalibrated meters or sight gauges shall not be used to estimate volume. Scales not certified in accordance with the Texas Department of Agriculture standards shall not be used for net weights. (iv) Net weights shall meet both the English and SI statements on the label. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in College Station, Texas, on February 7, 1995. TRD-9501569 Dr. George W. Latimer, Jr. State Chemist Texas Feed and Fertilizer Control Service Effective date: February 28, 1995 Proposal publication date: November 15, 1994 For further information, please call: (512) 845-1121 Chapter 63. Pet Food 4 TAC sec.sec.63.1-63.4, 63.6-63.9, 63.20 The Office of the Texas State Chemist/Texas Feed and Fertilizer Control Service adopts amendments to sec.sec.63.1-63.4 and 63.7 and new sec.sec.63.6, 63.8, 63. 9, and 63.20 dealing with the regulation of pet foods. Section 63.2 and sec.63. 9 are adopted with changes to the proposed text as published in the November 15, 1994, issue of the Texas Register (19 TexReg 8902). Sections 63.1, 63.3, 63.4, 63.6-63.8, and 63.20 are adopted without changes and will not be republished. These rules are being amended to conform to the requirement of sec.141.004 TAC that requires that "to the extent practicable, rules that define and establish commercial feed must be in harmony with the Official Standards of the Association of American Feed Control Officials." The section serves to codify existing and desired practices of labeling and producing quality pet foods. The following is a summary of the comments: Section 63.2(o)(1) should not read "a claim that the pet food meets or exceeds the requirements ...." but rather "a claim that the pet food meets the requirements ....". The Office agrees and the final text incorporates that change. A comment received on sec.63.6 was that although "the intent is okay, for continuity, this section should be incorporated into sec.63.2(q)." Section 63.6 deals with directions for use on the label rather than format and layout. Such a distinction has proved useful in previous rules and will be maintained here. Comments "for" proposed amendments and new language were received from the Ralston Purina Company although the firm made several editorial suggestions. There were no comments against the proposed changes. In reviewing the rules as published in the Texas Register, the Service noted two editorial problems. A phrase in the submitted text of sec.63. 9(a)(3)(A) was inadvertently repeated and in sec.63.2(b) a phrase was inadvertently omitted. The amended text is published. The amendments and new sections are adopted under Texas Agriculture Code, Chapter 141, sec.141.004, which provides Texas Feed and Fertilizer Control Service with the authority to adopt rules relating to the distribution of commercial feeds. sec.63.2. Label Format and Labeling. (a) The quantity statement and product name must be shown on the principal display panel. All other required information may be placed elsewhere on the label but shall be sufficiently conspicuous as to render it easily read by the average purchaser under ordinary conditions of purchase and sale. (b) The quantity statement shall be made in conformity with the United States Fair Packaging and Labeling Act, 15 United States Code, sec.sec.1451, et seq, and the regulations promulgated thereunder and if not in units of net weight, the manufacturer shall have: (1) elsewhere on the label a statement allowing net weight to be calculated, e.g., 1 tablet weighs 0.5 gram, 1 fluid ounce weighs 1.5 ounce; or (2) have provided FFCS with an appropriate conversion statement on registration. (c) The information which is required to appear in the "Guaranteed Analysis" shall be listed in the following order: (1) crude protein (minimum percentage); (2) crude fat (minimum percentage); (3) crude fiber (maximum percentage); (4) moisture (maximum percentage); (5) (No change.) (d)-(k) (No change.) (l) The label of a pet food shall not contain an unqualified representation or claim, directly or indirectly, that the pet food therein contained or a recommended feeding thereof, is or meets the requisites of a complete, perfect, scientific, or balanced ration for dogs or cats unless such product or feeding: (1) contains ingredients in quantities sufficient to meet the nutrient requirements for all life stages established by the AAFCO Dog or Cat Food Nutrient Profiles, as the case may be, or some other FFCS-recognized authority on animal nutrition such as the Committee on Animal Nutrition of the National Research Council to the extent that the product's ingredients provide nutrients in amounts which substantially deviate from those nutrient requirements estimated by such a recognized authority on animal nutrition, or in the event that no estimation has been made by a recognized authority on animal nutrition of the requirements of animals for one or more stages of said animals' lives, the product's represented capabilities in this regard must have been demonstrated by adequate testing; or (2) contains a combination of ingredients which when fed to a normal animal as the only source of nourishment in accordance with the testing procedures established by AAFCO, meets the criteria of such testing procedures for all life stages. (m) Labels for products which are compounded for or which are suitable for only a limited purpose (i.e., a product designed for the feeding of puppies) may contain representations that said pet food product or recommended feeding thereof, is or meets the requisites of a complete, perfect, scientific, or balanced ration for dogs or cats only: (1) (No change.) (2) such qualified representations may appear on pet food labels only if: (A) the pet food contains ingredients in quantities sufficient to meet the nutrient requirements established by the AAFCO Dog or Cat Food Nutrient Profiles, as the case may be, or some other FFCS-recognized authority on animal nutrition, such as the Committee on Animal Nutrition of the National Research Council for such limited or qualified purpose; or (B) (No change.) (n) Except as specified by sec.63.3(a) of this title (relating to Brand and Product Names), the name of any ingredient which appears on the label other than in the product name shall not be given undue emphasis so as to create the impression that such an ingredient is present in the product in a larger amount than is the fact, the aforementioned ingredient shall constitute at least 3.0% of the total ingredients (exclusive of water for processing) when preceded by the designation "with" or like term, the name shall be in the same size, style and color print, and if the names of more than one such ingredient are shown, they shall appear in the order of their respective predominance by weight in the product. (o) The label of a dog or cat food, other than one prominently identified as a snack or treat as part of the designation required upon the principal display panel under subsection (k) of this section, shall bear, on either the principal display panel or the information panel, in type of a size reasonably related to the largest type on the panel, a statement of the nutritional adequacy or purpose of the product. Such statement shall consist of one of the following: (1) a claim that the pet food meets the requirements of one or more of the recognized categories of nutritional adequacy: gestation, lactation, growth, maintenance, and complete for all life stages as those categories are set forth in subsections (l) and (m) of this section. The claim shall be stated as one of the following: (A) (Name of Product) is formulated to meet the nutritional levels established by the AAFCO Dog (or Cat) Food Nutrient Profiles for. (Blank is to be completed by using the stage or stages of the pet's life, such as gestation, lactation, growth, maintenance, or the words "All Life Stages.") (B) Animal Feeding tests using AAFCO procedures substantiates that (name of product) provides complete and balanced nutrition for. (Blank is to be completed by using the stage or stages of the pet's life tested, such as gestation, lactation, growth, maintenance or the words "All Life Stages.") (2) (No change.) (3) the statement: "Use only as directed by your veterinarian," if it is a pet food product intended for use by, or under the supervision or direction of, a veterinarian and shall make a statement in accordance with paragraph (1) or (4) of this subsection; (4) (No change.) (p) The use of claims on pet food labels stating improvement or newness shall be sufficiently substantiated by the manufacturer and limited to six months production. The use of claims stating preference or comparative attribute claims shall be sufficiently substantiated by the manufacturer and limited to one year production after which the claim must be removed or resubstantiated. (q) Dog and cat foods labeled as complete and balanced for any or all life's stages as provided in subsection (o)(1) of this section except those pet foods labeled in accordance with subsection (o)(3) of this section shall list feeding directions on the product label. These directions shall be expressed in common terms and shall appear prominently on the label. Feeding directions shall, at a minimum state "Feed (weight/unit of product) per (weight unit) of dog (or cat)." sec.63.9. Statement of Caloric Content. The label of a dog or cat food may bear a statement of caloric content, provided: (1) The statement shall be separate and distinct from the "Guaranteed Analysis" and shall appear under the heading "Caloric Content"; and (2) The statement shall be measured in terms of metabolizable energy (ME) on as fed basis and must be expressed as "kilocalories per kilogram" ("kcal/kg") of product, and may also be expressed as kilocalories per familiar household measure (e.g., cans, cups, pounds); and (3) An affidavit shall accompany the request for label review or registration, substantiating that the caloric content was determined: (A) by calculation using the following "Modified Atwater" formula: ME (kcal/kg) = 10 (3.5 x CP) + (8.5 x CF) + (3.5 x NFE) where CP = % crude protein as fed CF = % crude fat as fed NFE = % nitrogen-free extract (carbohydrate) as fed and the percentages of CP and CF are the arithmetic averages from proximate analyses of at least four production batches of the product, and the NFE is calculated as the difference between 100 and the sum of CP, CF, and the percentages of crude fiber, moisture and ash (determined in the same manner as CP and CF). The results of all the analyses used in the calculation must accompany the affidavit, and the claim on the label or other labeling must be followed parenthetically by the word "calculated"; (B) in accordance with a testing procedure established by the Association of American Feed Control Officials. The summary data used in the determination of calorie content must accompany the affidavit. The value stated on the label shall not exceed or understate the value determined in accordance with paragraph (3)(A) of this section by more than 15%; and (4) Comparative claims shall not be false, misleading or given undue emphasis and must be based on the same methodology for both products. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in College Station, Texas, on February 7, 1995. TRD-9501570 Dr. George W. Latimer, Jr. State Chemist Texas Feed and Fertilizer Control Service Effective date: February 28, 1995 Proposal publication date: November 15, 1994 For further information, please call: (512) 845-1121 TITLE 22. EXAMINING BOARDS Part XIX. Polygraph Examiners Board Chapter 391. Polygraph Examiners Internship 22 TAC sec.391.3 The Polygraph Examiners Board adopts an amendment to sec.391.3, concerning the internship training schedule. Section 391.3 is adopted with changes to the proposed text as published in the December 30, 1994, issue of the Texas Register (19 TexReg 10413). The amendment is adopted so that the polygraph industry will be more closely regulated in areas that the Board determines to be critical. The rule is adopted with changes because sec.391.3(13)(J) was filed as Texas Department of Public Safety Basic Polygraph School and the correct name is Texas Department of Public Safety Law Enforcement Polygraph School. This section will function by insuring that only qualified polygraph schools will be approved by the Board. No comments were received regarding adoption of the amendment. sec.391.3. Internship Training Schedule. The following internship schedule has been approved and adopted by the board as a minimum type and number of hours of any internship training program to be utilized in a course of supervised instruction of not less than 32 hours per week: (1)-(12) (No change.) (13) Approved polygraph schools include the following: (A) Backster School of Lie Detection. (B) DOD Polygraph Institute. (C) National Training Center of Polygraph Science. (D) Virginia School of Polygraph. (E) Maryland Institute of Criminal Justice. (F) American Institute of Polygraph Technology and Applied Psychology. (G) Argenbright International Institute of Polygraph. (H) Arizona School of Polygraph Science. (I) Coastal Institute of Forensic Science. (J) Texas Department of Public Safety Law Enforcement Polygraph School. (K) Any other polygraph school or institution the board may approve from time to time. (14)-(16) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 7, 1995. TRD-9501574 Bryan M. Perot Executive Officer Polygraph Examiners Board Effective date: February 28, 1995 Proposal publication date: December 30, 1994 For further information, please call: (512) 465-2058 TITLE 25. HEALTH SERVICES Part VIII. Interagency Council on Early Childhood Intervention Services Chapter 621. Early Childhood Intervention Case Management Services for Infants and Toddlers with Developmental Disabilities 25 TAC sec.sec.621.121-621.140 The Interagency Council on Early Childhood Intervention Services adopts new sec.sec.621.121-621.140, without changes to the proposed text published in the December 23, 1994, issue of the Texas Register (19 TexReg 10193). Justification for the new sections is more efficient program administration. The new sections will function by transferring authority for case management services to the Interagency Council on Early Childhood Intervention Services. The council received no comments regarding the adoption of the proposed rules. The new sections are adopted under the Human Resources Code, sec.sec.73.003, which authorizes the Interagency Council on Early Childhood Intervention Services to administer public programs for children with developmental delays and under Texas Civil Statutes, Article 4413(502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. The new sections implement the Human Resources Code, sec. sec.73.001-73.021. Case Management Services for Infants and Toddlers with Developmental Disabilities. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 8, 1995. TRD-9501621 Nancy Murphy Section Manager, Media and Policy Services Interagency Council on Early Childhood Intervention Services Effective date: March 1, 1995 Proposal publication date: December 23, 1994 For further information, please call: (512) 450-3765 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Department Chapter 59. Parks Caprock Canyons State Park Aoudad Sheep Management Proclamation 31 TAC sec.sec.59.271-59.279 The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing held January 19, 1995, adopted the repeal of sec.sec.59.271-59.279, concerning Caprock Canyons State Park Aoudad Sheep Management Proclamation, without changes to the proposed text as published in the December 6, 1994, issue of the Texas Register (19 TexReg 9592). In an earlier rulemaking the Parks and Wildlife Commission adopted amendments to sec.sec.65.190-65.194, published in the March 24, 1994, issue of the Texas Register (19 TexReg 3942), which included Caprock Canyons State Park in the areas regulated under the Public Hunting Lands Proclamation. The inclusion of Caprock Canyons State Park in the Public Hunting Lands Proclamation negates the need for a separate proclamation regarding Caprock Canyons State Park. The repeal of sec.sec.59.271-59.279 will function by removing redundancies from 31 TAC. No comments were received regarding adoption of the repeals. The repeals are adopted under Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983), which provides the Parks and Wildlife Commission with authority to establish wildlife resource regulations for this state. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 7, 1995. TRD-9501584 Paul M. Shinkawa Acting General Counsel Texas Parks and Wildlife Department Effective date: February 28, 1995 Proposal publication date: December 6, 1994 For further information, please call: (512) 389-4642 Chapter 69. Resource Protection Memorandum of Understanding 31 TAC sec.69.73 The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing held January 19, 1995, adopted new sec.69.73, concerning natural resource damages for oil spills in coastal waters, without changes to the proposed text as published in the December 16, 1994, issue of the Texas Register (19 TexReg 9957). The new rule is adopted pursuant to the Oil Spill Prevention and Response Act (OSPRA), Texas Natural Resources Code, Chapter 40, which directs the state trustees (Texas Parks and Wildlife Department, Texas Natural Resource Conservation Commission, and Texas General Land Office) to adopt administrative procedures and protocols for the assessment of natural resource damages as a result of an unauthorized discharge of oil to coastal waters. New sec.69.73 adopts by reference 31 TAC sec.sec.20.1-20.4, 20.10, 20.20-20.23, 20. 30-20.36, and 20.40-20.44, adopted by GLO on October 4, 1994 (19 TexReg 7917). Senate Bill 1049 (SB 1049), (73rd Legislature, 1993) amending OSPRA, became law in June, 1993. This law instructed the Texas state trustees for natural resources to develop procedures and protocols through negotiated rulemaking with all other interested parties. The new section functions by outlining procedures that the trustees may use in assessing damages to natural resources caused by oil spills in coastal waters. No comments were received regarding adoption of the new section. The new section is adopted under authority of Natural Resources Code, sec.40. 107(c), which provides the Texas Parks and Wildlife Department with the authority to adopt procedures and protocols to assess natural resource damages. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 7, 1995. TRD-9501583 Paul M. Shinkawa Acting General Counsel Texas Parks and Wildlife Department Effective date: February 28, 1995 Proposal publication date: December 16, 1994 For further information, please call: (512) 389-4642 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety Chapter 16. Commercial Driver's License Sanctions and Disqualifications 37 TAC sec.sec.16.95-16.97, 16.102 The Texas Department of Public Safety, adopts amendments to sec.sec.16.95-16. 97 and new sec.16.102, concerning sanctions and disqualifications, without changes to the proposed text as published in the December 30, 1994, issue of the Texas Register (19 TexReg 10491). The justification for the amendments and new section is enhanced public safety on public highways. Various procedures exist for disqualification under Commercial Driver's License (CDL), depending on the violation alleged. The amendments to sec.sec.16. 95- 16.97 clarify which procedures will be used for disqualifications. New sec.16.102 implements Texas Civil Statutes, Article 6687b-2, sec.27(e). Under this provision, the procedure for notice and disqualification arising from a refusal to give a specimen is that specified in Texas Civil Statutes, Article 67011-5. For a person who submits a specimen that discloses an alcohol concentration of 0.04 or more, the procedure for notice and disqualification is that specified in Texas Civil Statutes, Article 6687b-1. The substantive issues and the period of disqualification are as provided by statute. No comments were received regarding adoption of the amendments and new section. The amendments and new section are proposed pursuant to Texas Civil Statutes, Article 6687b-2, sec.29, and Texas Government Code, sec.411.006(4), which provides the Texas Department of Public Safety with the authority to adopt rules and regulations necessary to carry out the provisions of the Texas Commercial Driver's License Act and the Federal Commercial Motor Vehicle Safety Act of 1986. The director shall adopt rules, subject to commission approval, considered necessary for the control of the department. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 1, 1995. TRD-9501546 James R. Wilson Director, Texas Department of Public Safety Texas Department of Public Safety Effective date: February 28, 1995 Proposal publication date: December 30, 1994 For further information, please call: (512) 465-2890 Part XI. Texas Juvenile Probation Commission Chapter 345. Community Corrections Assistance Program 37 TAC sec.345.2 The Texas Juvenile Probation Commission adopts an amendment to sec.345.2, concerning the setting of commitment performance targets for each juvenile board, without changes to the proposed text as published in the August 9, 1994, issue of the Texas Register (19 TexReg 6187). The section will ensure that a greater number of juvenile age children are immediately impacted by the allocation of the Community Corrections Funds. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Human Resources Code, sec.141.001 and sec.141.032, which provides the commission the authority to improve the effectiveness of juvenile services, provide alternatives to commitment of juveniles by providing financial aid to juvenile boards to establish and improve probation services, and adopt rules for these purposes. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 3, 1995. TRD-9501445 Bernard Licarione, Ph.D. Executive Director Texas Juvenile Probation Commission Effective date: February 24, 1995 Proposal publication date: August 9, 1994 For further information, please call: (512) 443-2001 Part XIII. Texas Commission on Fire Protection Chapter 531. Fire Alarm Rules 37 TAC sec.sec.531.7, 531.10, 531.11, 531.13, 531.14, 531.16, 531. 18-531.23 The Texas Commission on Fire Protection adopts the repeal of sec.sec.531.7, 531.10, 531.11, 531.13, 531.14, 531.16, 531.18-531.23, concerning regulation of the business of inspecting, planning, certifying, leasing, selling, servicing, testing, installing, monitoring, and maintaining fire alarm or fire detection devices and systems, without changes to the proposed repeals as published in the December 9, 1994, issue of the Texas Register (19 TexReg 9725). The repeals are necessary to enable the Commission to adopt new provisions and renumber the previous sec.531.18 and successive rules accordingly, and to provide for more efficient regulation of businesses, with a resulting improvement in the quality of protection afforded property and lives by fire alarm equipment. No comments were received regarding adoption of the repeals. The repeals are adopted pursuant to the authority set out in Article 5.43-2, the Texas Insurance Code, sec.sec.4, 4A, and 6 and the Government Code, sec.417. 004, which provide that the Commission may adopt rules necessary to its administration through the state fire marshal for the protection and preservation of life and property in controlling the requirements for planning, certifying, leasing, selling, servicing, installing, monitoring, or maintaining of fire alarms or fire detection devices or systems. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on February 6, 1995. TRD-9501531 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: February 27, 1995 Proposal publication date: December 9, 1994 For further information, please call: (512) 918-7184 37 TAC sec.sec.531.7, 531.10, 531.11, 531.13, 531.14, 531.16, 531.18-531.24 The Texas Commission on Fire Protection adopts new sec. sec.531.7, 531.10, 531. 11, 531.13, 531.14, 531.16, and 531.18-531.24, without changes to the proposed text as published in the December 9, 1994, issue of the Texas Register (19 TexReg 9725). The new sections are necessary to update current installation state standards to the most recently adopted nationally recognized NFPA Standards, to establish standards for the monitoring of fire alarm systems, and to clarify existing rules regarding the responsibilities of licensees. The new sec.531.7 updates NFPA Standard 12A to 1992 and NFPA Standards 12, 70, 72, and 90A to 1993; and adopts UL 827 (1989), Standard for Central Stations for watchmen, fire alarm, and supervisory services; and deletes NFPA Standards 71, 72E, 72G, 72H and 74; it also reflects the addition of the reference to NFPA 72, 1993, National Fire Alarm Code. The new sec.531.10 adds subsection (h)(4); requiring the employment of a technician licensee at each central station monitoring location; subsection (h)(5), requiring a registered firm's subcontracting of monitoring services to another registered firm to notify customers of who is actually performing services; and subsection (h)(6) regarding duties of a registered firm reporting alarm or supervisory signals to emergency services. The new sec.531.11 adds the word monitoring to subsections (1), (3), and (4), requiring a license to engage in the monitoring of fire alarm systems. The new sec.531.13 changes the reference in subsection (5)(A) from NFPA 71 to NFPA 72, to reflect new national standards for the monitoring of fire alarm systems. The new sec.531.14 makes the initial licensing examination and reexamination fees non-refundable and non- transferable. The new sec.531.16 reflects the deletion, in subsection (b)(2) of the words inspection, or servicing; it also adds a new subsection (b)(3) regarding maintenance and servicing of fire detection and alarm devices to specify what is to be performed by or under direct on-site supervision of a licensed fire alarm technician or a fire alarm planning superintendent; it also renumbers the remaining subsections accordingly. sec.531.18 is a new section requiring inspections to be performed and documented by a licensed fire alarm technician or planner at certain times. The new sec.531.19 renumbers the previous sec.531.18 and also reflects a change to subsection (c) that states "at least one alarm system plan copy must bear the name, original signature, and business phone number of the licensed fire alarm planning superintendent or a Texas registered professional engineer"; it also reflects the deletion of the words "and the" after completion date; it also adds a new subsection (e) that states "fire alarm plans, manuals, and documents shall not be stored inside fire alarm panels". The new sec.531.20 renumbers the previous sec.531.19 and also reflects the deletion of reference to designation by the property owner; it also adds language that states on new installations, "installation labels shall not be used in conjunction with yellow, green, or red labels", and further states "if the installation is deficient in any respect that might otherwise require a yellow or red service tag, the installation is considered incomplete and no installation label should be affixed prior to correction of all deficiencies." Additionally, subsection (c) reflects the deletion of the words "designated by the property owner"; and a new subsection (e)(7) to provide for the last date of sensitivity testing, if known; subsection (f) is revised to reflect this additional language to the actual label. Subsection (g) is changed to reflect that if a system does not comply with standards adopted at the time the system was installed, or has a fault condition, or is impaired from normal operation, that the owner or his representative must be notified by the registered firm. This subsection is further changed to reflect that the registered firm must send a copy of the notice to the local authority having jurisdiction; it also changes the referenced rule numbers accordingly. The new sec.531.21 renumbers the previous sec.531.20 and reflects changes to subsection (a) that state "if a system does not comply with standards adopted at the time the system was installed, a completed yellow label must be attached to the outside of the control panel or, if there is no panel, in a permanently visible location." The reference to a location designated by the property owner is deleted. Subsection (d)(1) is changed to delete AND/OR HAS A FAULT CONDITION; subsection (d)(6) is changed to delete and/or fault; subsection (f) reflects the change to the actual label deleting AND/OR HAS A FAULT CONDITION. A new subsection (g) is added that states "a contractor is to comply with provisions of sec.531.20(g)." The new sec.531.22 renumbers the previous sec.531.21 and also reflects changes to subsection (a) that state "if system is inoperable or has a fault condition or is impaired from normal operation, a completed red label must be attached to the outside of the control panel or, if there is no panel in a permanently visible location." The references to a location designated by the property owner and system replacement are deleted. Subsection (e)(1) is changed to reflect removal of the word INOPERABLE and the addition of HAS A FAULT CONDITION OR IS IMPAIRED FROM NORMAL OPERATION. Additionally, subsection (g) reflects the change to the actual label removing the word INOPERABLE and adding HAS A FAULT CONDITION OR IS IMPAIRED FROM NORMAL OPERATION. The new sec.531.23 renumbers the previous sec.531.22 and adopts the previous text without change. The new sec.531.24 renumbers the previous sec.531.23 and adopts the previous text without change. No comments were received regarding adoption of the new sections. The new sections are adopted by the Texas Commission on Fire Protection pursuant to the authority set out in Article 5.43-2, the Texas Insurance Code, sec.sec.4, 4A, and 6 and the Government Code, sec.417.004, which provide that the Commission may adopt rules necessary to its administration through the state fire marshal for the protection and preservation of life and property in controlling the requirements for planning, certifying, leasing, selling, servicing, installing, monitoring, or maintaining of fire alarms or fire detection devices or systems. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on February 6, 1995. TRD-9501532 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: February 27, 1995 Proposal publication date: December 9, 1994 For further information, please call: (512) 918-7184