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 16. ECONOMIC REGULATION 
 Part VIII. Texas Racing Commission 
  Chapter 305. Licenses for Pari-mutuel Racing 
  
  Subchapter B. Individual Licenses 
 
  Specific Licensees 
 
  16 TAC sec.305.42 
 
  The Texas Racing Commission proposes an amendment to sec.305.42, concerning 
owner's licenses. The amendment requires the owner of a race animal to be 
licensed before the owner may enter the animal in a pari-mutuel race in this 
state. The amendment is technical in nature in that it reflects current 
licensing requirements contained in another commission rule. 
 Paula Cochran Carter, General Counsel for the Texas Racing Commission, 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 the section. 
 Ms. Carter also has determined that for each of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that pari-mutuel racing will be of the highest integrity. 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 on or before April 7, 1995, to Paula 
Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, 
Austin, Texas 78711. 
 The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, 
which authorize the commission to adopt rules for conducting racing with 
wagering and for administering the Texas Racing Act and sec.7.02, which 
authorize the commission to adopt rules specifying the qualifications and 
experience for occupational licenses. 
 The proposed amendment implements Texas Civil Statutes, Article 179e. 
 
 
  sec.305.42. Owners. 
 
  (a) Except as otherwise provided by this subsection, the owner of <nl>a<ol> 
[each] horse or greyhound, as listed on the animal's registration paper, must 
obtain an owner's license before the horse or greyhound may be entered in a 
race. <nl>An owner may enter a horse or greyhound in a stakes race without first 
obtaining a license, but must obtain a license before the horse or greyhound may 
start in the stakes race.<ol> [The owner of each horse or greyhound entered in a 
stakes race must obtain an owner's license before the time designated by the 
stewards or racing judges.] A person may not be licensed as an owner if the 
person is not the owner of record of a properly registered race animal which the 
person intends to race in Texas [and which is in the care of a trainer licensed 
by the commission]. 
   
  (b)-(e) (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 February 22, 1995. 
 TRD-9502466 
  Paula Cochran Carter 
 General Counsel 
 Texas Racing Commission 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 794-8461 
         
           
  16 TAC sec.305.44 
 
  The Texas Racing Commission proposes an amendment to sec.305.44, concerning 
trainer's licenses. The amendment requires the trainer of a race animal to be 
licensed before the trainer may enter the animal in a pari-mutuel race in this 
state. The amendment is technical in nature in that it reflects current 
licensing requirements contained in another commission rule. 
 Paula Cochran Carter, General Counsel for the Texas Racing Commission, 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 the section. 
 Ms. Carter also has determined that for each of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that pari-mutuel racing will be of the highest integrity. 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 on or before April 7, 1995, to Paula 
Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, 
Austin, Texas 78711. 
 The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, 
which authorize the commission to adopt rules for conducting racing with 
wagering and for administering the Texas Racing Act and sec.7.02, which 
authorize the commission to adopt rules specifying the qualifications and 
experience for occupational licenses. 
 The proposed amendment implements Texas Civil Statutes, Article 179e. 
 
 
  sec.305.44. Trainer or Assistant Trainer. 
 
  (a) <nl>Except as otherwise provided by this subsection, a trainer must obtain 
a trainer's license before the trainer may enter a horse or greyhound in a race. 
A trainer may enter a horse or greyhound in a stakes race without first 
obtaining a license, but must obtain a license before the horse or greyhound may 
start in the stakes race. <ol> Except as otherwise provided by this section, to 
be licensed by the commission as a trainer, a person must: 
 
  (1)-(3) (No change.) 
     
  (b)-(e) (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 February 22, 1995. 
 TRD-9502467 
  Paula Cochran Carter 
 General Counsel 
 Texas Racing Commission 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 794-8461 
         
                 Chapter 309. Operation of Racetracks 
  
  Subchapter B. Horse Racetracks 
 
  Facilities for Employees 
 
  16 TAC sec.309.184 
 
  The Texas Racing Commission proposes an amendment to sec.309.184, concerning 
keeping pets on the grounds of a pari-mutuel racetrack. The amendment restricts 
to dogs the requirements relating to vaccinations and running at large. 
 Paula Cochran Carter, General Counsel for the Texas Racing Commission, 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 the section. 
 Ms. Carter also has determined that for each of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that pari-mutuel racing will attract high quality trainers and 
horses currently running in other states. 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 on or before April 7, 1995, to Paula 
Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, 
Austin, Texas 78711. 
 The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, 
which authorize the commission to adopt rules for conducting racing with 
wagering and for administering the Texas Racing Act and sec.6.06 which 
authorizes the commission to adopt rules relating to all aspects of the 
operation of pari-mutuel racetracks. 
 The proposed amendment implements Texas Civil Statutes, Article 179e. 
 
 
  sec.309.184. Pets.  If an association permits a licensee to keep a <nl>dog<ol> 
[pet] on association grounds, the association shall ensure that: 
 
  (1) the <nl>dog<ol> [pet] is confined and prevented from going at large on 
association grounds; and 
   
  (2) the <nl>dog<ol> [pet] is annually vaccinated against rabies. 
 
  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 February 22, 1995. 
 TRD-9502468 
  Paula Cochran Carter 
 General Counsel 
 Texas Racing Commission 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 794-8461 
         
               
  Subchapter C. Greyhound Racetracks 
 
  Operations 
 
  16 TAC sec.309.355 
 
  The Texas Racing Commission proposes an amendment to sec.309.355, concerning 
the grading system for greyhounds. The amendment permits a greyhound racetrack 
to conduct up to four mixed grade races each week. 
 Paula Cochran Carter, General Counsel for the Texas Racing Commission, 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 the section. 
 Ms. Carter also has determined that for each 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 racing secretary will have increased flexibility in 
writing races and will be better able to use the greyhounds available on the 
grounds. 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 on or before April 7, 1995, to Paula 
Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, 
Austin, Texas 78711. 
 The amendment is proposed under the Texas Civil Statutes, Article 179e, 
sec.3.02, which authorize the commission to adopt rules for conducting racing 
with wagering and for administering the Texas Racing Act and sec.6.06 which 
authorizes the commission to adopt rules relating to all aspects of the 
operation of pari-mutuel racetracks. 
 The proposed amendment implements Texas Civil Statutes, Article 179e. 
 
 
  sec.309.355. Grading System. 
 
  (a)-(k) (No change.) 
   
  (l) The racing secretary may schedule only <nl>four <ol> [two] mixed grade 
races each week. A mixed grade race must be designated by the letter "T" in the 
racing program. 
   
  (m)-(p) (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 February 22, 1995. 
 TRD-9502469 
  Paula Cochran Carter 
 General Counsel 
 Texas Racing Commission 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 794-8461 
         
                 Chapter 311. Conduct and Duties of Individual Licensees 
  
  Subchapter B. Specific Licensees 
 
  General Provisions 
 
  16 TAC sec.311.159 
 
  The Texas Racing Commission proposes an amendment to sec.311.159, concerning 
conduct in the stable area. The amendment restricts to dogs the requirements 
relating to vaccinations and running at large. 
 Paula Cochran Carter, General Counsel for the Texas Racing Commission, 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 the section. 
 Ms. Carter also has determined that for each of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that pari-mutuel racing will attract high quality trainers and 
horses currently running in other states. 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 on or before April 7, 1995, to Paula 
Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, 
Austin, Texas 78711. 
 The amendment is proposed under the Texas Civil Statutes, Article 179e, 
sec.3.02, which authorize the commission to adopt rules for conducting racing 
with wagering and for administering the Texas Racing Act and sec.6.06 which 
authorizes the commission to adopt rules relating to all aspects of the 
operation of pari-mutuel racetracks. 
 The proposed amendment implements Texas Civil Statutes, Article 179e. 
 
 
  sec.311.159. Conduct In Stable Area. 
 
  (a) (No change.) 
   
  (b) An individual licensee may not possess, keep, or maintain a <nl>dog<ol> 
[pet] in the stable area of an association's grounds unless: 
 
  (1) the <nl>dog<ol> [pet] is confined and prevented from going at large on 
association grounds; and 
   
  (2) the <nl>dog<ol> [pet] is annually vaccinated against rabies. 
     
  (c)-(e)  (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 February 22, 1995. 
 TRD-9502470 
  Paula Cochran Carter 
 General Counsel 
 Texas Racing Commission 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 794-8461 
         
                 Chapter 313. Officials and Rules of Horse Racing 
  
  Subchapter B. Entries, Declarations, and Allowances 
 
  Entries 
 
  16 TAC sec.313.103 
 
  The Texas Racing Commission proposes an amendment to sec.313.103, concerning 
eligibility requirements. The amendment deletes redundant references to 
licensing requirements and clarifies the need for registration papers to be on 
file for eligibility to start in a race. 
 Paula Cochran Carter, General Counsel for the Texas Racing Commission, 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 the section. 
 Ms. Carter also has determined that for each of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that pari-mutuel racing will attract high quality trainers and 
horses currently running in other states. 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 on or before April 7, 1995, to Paula 
Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, 
Austin, Texas 78711. 
 The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, 
which authorize the commission to adopt rules for conducting racing with 
wagering and for administering the Texas Racing Act and sec.6.06 which 
authorizes the commission to adopt rules relating to all aspects of the 
operation of pari-mutuel racetracks. 
 The proposed amendment implements Texas Civil Statutes, Article 179e. 
 
 
  sec.313.103. Eligibility Requirements. 
 
  (a) To be entered in a race, a horse must: 
 
  (1) (No change.) 
   
  [(2) be properly tattooed and the horse's registration certificate showing the 
tattoo number of the horse must be on file with the racing secretary before 
scratch time for the race, unless the stewards authorize the certificate to be 
filed at a later time; 
   
  [(3) be in the care of a licensed trainer and owned by a licensed owner, 
except that the owner and trainer of a horse entered in a stakes race must be 
licensed before the horse may start in that race;] 
   
  <nl>(2)<ol>[(4)] be eligible to enter the race under the conditions of the 
race; 
   
  <nl>(3)<ol>[(5)] be present on association grounds not later than the time 
prescribed by the commission veterinarian; and 
   
  <nl>(4)<ol>[(6)] have two published workouts and be approved by a licensed 
starter for proficiency in the starting gate, if the horse is to start for the 
first time. 
     
  (b)-(g) (No change.) 
   
  <nl>(h) To be eligible to start in a race, a horse must be properly tattooed 
and the horse's registration certificate showing the tattoo number of the horse 
must be on file with the racing secretary before scratch time for the race, 
unless the stewards authorize the certificate to be filed at a later time. 
 
  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 February 22, 1995. 
 TRD-9502471 
  Paula Cochran Carter 
 General Counsel 
 Texas Racing Commission 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 794-8461 
         
             
  Declarations and Scratch Procedure 
 
  16 TAC sec.313.132 
 
  The Texas Racing Commission proposes an amendment to sec.313.132, concerning 
scratch time. The amendment deletes the requirement that a racetrack have a 
scratch time. 
 Paula Cochran Carter, General Counsel for the Texas Racing Commission, 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 the section. 
 Ms. Carter also has determined that for each of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that pari-mutuel racetracks will have sufficient time to prepare 
accurate programs. 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 on or before April 7, 1995, to Paula 
Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, 
Austin, Texas 78711. 
 The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, 
which authorize the commission to adopt rules for conducting racing with 
wagering and for administering the Texas Racing Act and sec.6.06 which 
authorizes the commission to adopt rules relating to all aspects of the 
operation of pari-mutuel racetracks. 
 The proposed amendment implements Texas Civil Statutes, Article 179e. 
 
 
  sec.313.132. Scratch Time. 
 
  (a) An association <nl>may<ol> [shall] designate a "scratch time" for each 
race day. 
   
  (b)-(d) (No change.) 
   
  <nl>(e) An association may elect to have no scratch time and not allow also 
eligibles. All scratches would be off the program with the prior approval of the 
stewards. 
 
  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 February 22, 1995. 
 TRD-9502472 
  Paula Cochran Carter 
 General Counsel 
 Texas Racing Commission 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 794-8461 
         
                 Chapter 319. Veterinary Practices and Drug Testing 
  
  Subchapter B. Treatment of Horses 
 
  16 TAC sec.319.102 
 
  The Texas Racing Commission proposes an amendment to sec.319.102, concerning 
the veterinarian's list. The amendment permits a horse that is on the 
veterinarian's list to be entered into a race provided the horse is scheduled to 
be removed from the list by the day of the race. 
 Paula Cochran Carter, General Counsel for the Texas Racing Commission, 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 the section. 
 Ms. Carter also has determined that for each of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that more horses will be available for racing at racetracks with 
96- or 72-hour entry rules. 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 on or before April 7, 1995, to Paula 
Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, 
Austin, Texas 78711. 
 The amendment is proposed under the Texas Civil Statutes, Article 179e, 
sec.3.02, which authorize the commission to adopt rules for conducting racing 
with wagering and for administering the Texas Racing Act and sec.6.06 which 
authorizes the commission to adopt rules relating to all aspects of the 
operation of pari-mutuel racetracks. 
 The proposed amendment implements Texas Civil Statutes, Article 179e. 
 
 
  sec.319.102. Veterinarian's List. 
 
  (a)-(d) (No change.) 
   
  <nl>(e) A horse on the veterinarian's list may be entered into a race if the 
horse is scheduled to be removed from the list by the day of the race. 
 
  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 February 22, 1995. 
 TRD-9502473 
  Paula Cochran Carter 
 General Counsel 
 Texas Racing Commission 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 794-8461 
         
               Chapter 321. Pari-mutuel Wagering 
  
  Subchapter A. Regulation and Totalisator Operations 
 
  Mutuel Tickets 
 
  16 TAC sec.321.32 
 
  The Texas Racing Commission proposes an amendment to sec.321.32, concerning 
the expiration date of mutuel tickets. The amendment states that a mutuel ticket 
expires on the 60th day after the end of the calendar year in which the ticket 
was purchased. 
 Paula Cochran Carter, General Counsel for the Texas Racing Commission, 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 the section. 
 Ms. Carter also has determined that for each 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 procedure for cashing outstanding tickets and 
forwarding the remainder to the state will be more efficient and effective. 
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 on or before April 7, 1995, to Paula 
Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, 
Austin, Texas 78711. 
 The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, 
which authorize the commission to adopt rules for conducting racing with 
wagering and for administering the Texas Racing Act; and sec.11.01, which 
authorizes the commission to adopt rules regulating pari-mutuel wagering. 
 The proposed amendment implements Texas Civil Statutes, Article 179e. 
 
 
  sec.321.32. Expiration Date. 
 
  (a) A mutuel ticket expires <nl>on the 60th day after the last day of the 
calendar year <ol> [and may not be cashed 60 days after the last day of the race 
meeting] in which the ticket was purchased. 
   
  (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 February 22, 1995. 
 TRD-9502474 
  Paula Cochran Carter 
 General Counsel 
 Texas Racing Commission 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 794-8461 
         
               
  Subchapter C. Simulcast Wagering 
 
  General Provisions 
 
  16 TAC sec.321.204 
 
  The Texas Racing Commission proposes an amendment to sec.321.204, concerning 
approval of wagering on simulcast races. The amendment makes all graded races 
and stakes races with purses of $50,000 or more races of national or historic 
interest for purposes of incoming simulcasts. 
 Paula Cochran Carter, General Counsel for the Texas Racing Commission, 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 the section. 
 Ms. Carter also has determined that for each 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 finest races will be available in this state for pari-
mutuel wagering. 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 on or before April 7, 1995, to Paula 
Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, 
Austin, Texas 78711. 
 The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, 
which authorize the commission to adopt rules for conducting racing with 
wagering and for administering the Texas Racing Act; sec.11.01, which authorizes 
the commission to adopt rules regulating pari-mutuel wagering; and sec.11.011, 
which authorizes the commission to adopt rules to implement simulcasting. 
 The proposed amendment implements Texas Civil Statutes, Article 179e. 
 
 
  sec.321.204. Approval of Wagering on Simulcast Races. 
 
  (a)-(f) (No change.) 
   
  <nl>(g) All graded races and stakes races with a purse of $50,000 or more 
shall be considered of national or historic interest. 
 
  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 February 22, 1995. 
 TRD-9502475 
  Paula Cochran Carter 
 General Counsel 
 Texas Racing Commission 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 794-8461 
         
           
  16 TAC sec.321.207 
 
  The Texas Racing Commission proposes an amendment to sec.321.207, concerning 
the duties of the sending racetrack. The amendment permits a sending racetrack 
to transmit wagering information via a dial-up telephone line rather than a 
dedicated circuit provided the executive secretary has approved. 
 Paula Cochran Carter, General Counsel for the Texas Racing Commission, 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 the section. 
 Ms. Carter also has determined that for each of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that simulcasting may be conducted in situations where a 
dedicated circuit is impractical. 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 on or before April 7, 1995, to Paula 
Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, 
Austin, Texas 78711. 
 The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, 
which authorize the commission to adopt rules for conducting racing with 
wagering and for administering the Texas Racing Act; sec.11.01, which authorizes 
the commission to adopt rules regulating pari-mutuel wagering; and sec.11.011, 
which authorizes the commission to adopt rules to implement simulcasting. 
 The proposed amendment implements Texas Civil Statutes, Article 179e. 
 
 
  sec.321.207. Duties of Sending Racetrack. 
 
  (a)-(f) (No change.) 
   
  <nl>(g) With the prior approval of the executive secretary, a sending 
racetrack may transmit and receive wagering information via a dial-up telephone 
line. 
 
  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 February 22, 1995. 
 TRD-9502476 
  Paula Cochran Carter 
 General Counsel 
 Texas Racing Commission 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 794-8461 
         
           
  16 TAC sec.321.208 
 
  The Texas Racing Commission proposes an amendment to sec.321.208, concerning 
emergency procedures. The amendment permits a racetrack receiving a simulcast 
race to offer advance wagering on the race without receiving audio or video 
signals provided the advance wagering ceases two hours before the race and the 
executive secretary has approved. 
 Paula Cochran Carter, General Counsel for the Texas Racing Commission, 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 the section. 
 Ms. Carter also has determined that for each of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that advance wagering on simulcast races will be facilitated. 
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 on or before April 7, 1995, to Paula 
Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, 
Austin, Texas 78711. 
 The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, 
which authorize the commission to adopt rules for conducting racing with 
wagering and for administering the Texas Racing Act; sec.11.01, which authorizes 
the commission to adopt rules regulating pari-mutuel wagering; and sec.11.011, 
which authorizes the commission to adopt rules to implement simulcasting. 
 The proposed amendment implements Texas Civil Statutes, Article 179e. 
 
 
  sec.321.208. Emergency Procedures. 
 
  (a)-(d) (No change.) 
   
  <nl>(e) With the prior approval of the executive secretary, a receiving 
association may offer advance wagering on simulcast signals without the 
necessity of audio and video signals being received. Advance wagering must cease 
two hours prior to the sending racetrack's first race. 
 
  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 February 22, 1995. 
 TRD-9502477 
  Paula Cochran Carter 
 General Counsel 
 Texas Racing Commission 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 794-8461 
         
             
  Common Pool Wagering 
 
  16 TAC sec.321.276 
 
  The Texas Racing Commission proposes an amendment to sec.321.276, concerning 
manually merging common pools. The amendment permits a manual merge to be 
accomplished if approved by other mutuel officials in the absence of the 
presiding steward or racing judge. 
 Paula Cochran Carter, General Counsel for the Texas Racing Commission, 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 the section. 
 Ms. Carter also has determined that for each of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that manual merges will available more often, there facilitating 
the commingling of pools. 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 on or before April 7, 1995, to Paula 
Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, 
Austin, Texas 78711. 
 The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, 
which authorize the commission to adopt rules for conducting racing with 
wagering and for administering the Texas Racing Act; sec.11.01, which authorizes 
the commission to adopt rules regulating pari-mutuel wagering; and sec.11.011, 
which authorizes the commission to adopt rules to implement simulcasting. 
 The proposed amendment implements Texas Civil Statutes, Article 179e. 
 
 
  sec.321.276. Manual Merge. 
 
  (a) (No change.) 
   
  (b) To merge the pools manually, the receiving location's pari-mutuel 
representative shall notify the sending racetrack via telecopy of the total 
amount in the pool, the total dollars on winning wagers, and the total dollars 
on the losing wagers in the pool. The stewards or racing judges at the sending 
racetrack and the presiding steward or racing judge<nl>, or the highest ranking 
mutuel official if the steward or judge is not on the grounds,<ol> at the 
receiving location shall be notified when the procedure is complete, for 
purposes of declaring the race official. 
 
  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 February 22, 1995. 
 TRD-9502478 
  Paula Cochran Carter 
 General Counsel 
 Texas Racing Commission 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 794-8461 
         
                     
  TITLE 22. EXAMINING BOARDS 
 Part XXI. Texas State Board of Examiners of Psychologists 
  Chapter 463. Applications 
  
  22 TAC sec.463.5 
 
  The Texas State Board of Examiners of Psychologists proposes an amendment to 
sec.463.5, concerning application file requirements. The amendment is being 
proposed in order to clarify the requirements for a certified psychologist, to 
add the requirement for a passport picture for applications for the Oral Exam, 
and to include that applicants for licensure, as well as certification, will 
have their license held in abeyance until final determination if a complaint has 
been filed against them. 
 Rebecca E. Forkner, executive director, has determined that for the first five-
year period the rule is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the rule. 
 Ms. Forkner 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 to make the rules applicable to all applicants and to ensure that 
the requirements are stipulated for all levels of applications so that the rules 
are easier to follow and understand. 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 proposal may be submitted to Janice C. Alvarez, Texas State 
Board of Examiners of Psychologists, 9101 Burnet Road, Suite 212, Austin, Texas 
78758, (512) 835-2036. 
 The amendment is proposed under Texas Civil Statutes, Article 4512c, which 
provide the Texas State Board of Examiners of Psychologists with the authority 
to make all rules, not inconsistent with the Constitution and Laws of this 
State, which are reasonably necessary for the proper performance of its duties 
and regulations of proceedings before it. 
 The proposed amendment does not affect other statutes, articles, or codes. 
 
 
  sec.463.5. Application File Requirements. An application file must be complete 
and contain whatever information or examination results the Board requires. An 
incomplete application remains in the active file for 90 days, at the end of 
which time, if still incomplete, it is void. If certification or licensure is 
sought again, a new application and filing fee must be submitted. An applicant 
cannot have two types of applications for certification or licensure pending 
before the Board. 
 
  (1) A completed application for [certification as a psychologist or] licensure 
as a psychological associate includes: 
 
  (A)-(F) (No change.) 
     
  <nl>(2) A completed application for certification as a psychologist includes: 
 
  <nl>(A) An application and required fee(s). 
   
  <nl>(B) Two current passport pictures of the applicant. 
   
  <nl>(C) Official transcripts sent directly to the Board's office from all 
colleges/universities where post-baccalaureate course work was completed. 
   
  <nl>(D) Three acceptable reference letters from three different psychologists, 
two of whom are licensed. An applicant whose file contains any negative 
reference letters will be asked to provide a written explanation and/or meet 
with the Board prior to final approval of the application file. 
   
  <nl>(E) Supportive documentation and other materials the Board may deem 
necessary, including the names of all jurisdictions where the applicant 
currently holds a certificate or license to practice psychology. 
     
  <nl>(3)<ol>[(2)] A completed application for the Oral Exam includes an 
application <nl>, current passport picture of the applicant<ol> and required 
fee. 
   
  <nl>(4)<ol>[(3)] A completed application for licensure as a psychologist 
includes: 
 
  (A) an application and required fee; 
   
  (B) documentation indicating passage of the Examination for the Professional 
Practice of Psychology, the Board's Jurisprudence Examination, and the Board's 
Oral Exam; 
   
  (C) documentation of two years of supervised experience from a licensed 
psychologist which satisfies the requirements of the Board; 
   
  (D) a written explanation and/or meeting with the Board, prior to final 
approval, if the application file contains any negative reference letters; 
   
  (E) supportive documentation and other materials the Board may deem necessary. 
     
  <nl>(5)<ol>[(4)] A completed application for certification and licensure by 
reciprocity as a psychologist includes: 
 
  (A) an application, required fee and two current passport size pictures of the 
applicant; 
   
  (B) official transcripts sent directly to the Board's office from all 
colleges/universities where post-baccalaureate course work was completed; 
   
  (C) if providing psychological services in Texas before receiving license, 
must be employed in an exempt agency, or must have a provisional license, or 
must be supervised by a licensed psychologist in an acceptable setting which is 
appropriate for the education/experience background of the applicant; 
   
  (D) documentation that applicant is currently licensed and has been in good 
standing in one jurisdiction for the five years immediately preceding filing 
application in Texas; 
   
  (E) proof that applicant is the identical person to whom the original license 
was issued; 
   
  (F) documentation that there is no pending action against the applicant's 
license in any jurisdiction; 
   
  (G) a sworn statement that applicant has never had any professional license 
suspended, revoked, cancelled, or otherwise restricted; 
   
  (H) three professional reference letters from three separate psychologists, 
two of whom are licensed, each of whom must attest without reservation to the 
applicant's professional competence, ethics, and current fitness to practice. An 
applicant whose file contains any negative reference letters will be asked to 
provide a written explanation and/or to meet with the Board prior to final 
approval of the application file; 
   
  (I) if licensed in a foreign country, proof that the requirements of Board 
Rule 463.17 of this title (relating to Foreign Graduates) have been satisfied. 
     
  <nl>(6)<ol>[(5)] For any applicant who has a complaint filed against the 
applicant, any final decision on the application will be held in abeyance until 
the Board has made a final determination on the complaint filed. The applicant 
will be permitted to take all required exams as scheduled but will not be 
certified <nl>or licensed<ol> until approved by 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 February 28, 1995. 
 TRD-9502580 
  Rebecca E. Forkner 
 Executive Director 
 Texas State Board of Examiners of Psychologists 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 835-2036 
         
           
  22 TAC sec.463.6 
 
  The Texas State Board of Examiners of Psychologists proposes an amendment to 
sec.463.6, concerning experience. The amendment is being proposed in order to 
reflect the allowance of interrupted supervised experience for good cause and to 
ensure that experience received from those under an Agreed Board Order shall not 
qualify as supervised experience for licensure purposes regardless of the 
setting. 
 Rebecca E. Forkner, executive director, has determined that for the first five-
year period the rule is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the rule. 
 Ms. Forkner 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 to permit otherwise qualified supervisees to count interrupted 
supervision experience for good cause and will prohibit a supervisee from 
obtaining supervisory experience from a psychologist under an Agreed Board 
Order, thereby ensuring that the general public receive quality psychological 
services at the earliest possible date. 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 proposal may be submitted to Janice C. Alvarez, Texas State 
Board of Examiners of Psychologists, 9101 Burnet Road, Suite 212, Austin, Texas 
78758, (512) 835-2036. 
 The amendment is proposed under Texas Civil Statutes, Article 4512c, which 
provide the Texas State Board of Examiners of Psychologists with the authority 
to make all rules, not inconsistent with the Constitution and Laws of this 
State, which are reasonably necessary for the proper performance of its duties 
and regulations of proceedings before it. 
 The proposed amendment does not affect other statutes, articles, or codes. 
 
 
  sec.463.6. Experience.  Supervision may be obtained only in a full-time or 
half-time setting. 
 
  (1)-(4) (No change.) 
   
  <nl>(5) When supervised experience is interrupted, the Board may waive in 
accordance with established Board policy, upon a showing of good cause by the 
supervisee, the requirement that the supervised experience be completed in 
consecutive months. 
   
  <nl>(6)<ol>[(5)] A rotating internship organized within a doctoral program is 
considered to be one placement. 
   
  <nl>(7)<ol>[(6)] The experience requirement must be obtained after official 
enrollment in a doctoral program. 
   
  <nl>(8)<ol>[(7)] At least one year of experience must be received after the 
doctoral degree is officially conferred. 
   
  <nl>(9)<ol>[(8)] All supervised experience must be received from a 
psychologist licensed at the time supervision is received. 
   
  <nl>(10)<ol>[(9)] The supervising psychologist must be trained in the area of 
supervision provided to the supervisee. 
   
  <nl>(11)<ol>[(10)] No experience which is obtained from a psychologist who is 
related within the second degree of affinity or within the second degree by 
consanguinity to the person may be considered for licensure as a psychologist or 
licensure as a psychological associate. 
   
  <nl>(12)<ol>[(11)] For applications for licensure as a psychologist received 
after August 31, 1995, one year of experience must be an internship certified by 
the Director of Internship Training and must be satisfied by either: 
 
  (A) the successful completion of an internship program accredited by the 
American Psychological Association; 
   
  (B) the successful completion of an organized internship meeting the following 
criteria. 
 
  (i) An organized training program, in contrast to supervised experience or on-
the-job training, is designed to provide the intern with a planned, programmed 
sequence of training experiences. The primary focus and purpose is assuring 
breadth and quality of training. 
   
  (ii) The internship agency had a clearly designated staff psychologist who was 
responsible for the integrity and quality of the training program and who was 
actively licensed/certified by the State Board of Examiners in Psychology and 
present at the training facility for a minimum of 20 hours a week. 
   
  (iii) The internship agency had two or more full-time equivalent psychologists 
on the staff as primary supervisors, at least one of whom was actively licensed 
as a psychologist by the State Board of Examiners in Psychology. 
   
  (iv) Internship supervision was provided by a staff member of the internship 
agency or by an affiliate of that agency who carried clinical responsibility for 
the cases being supervised. At least half of the internship supervision was 
provided by one or more psychologists. 
   
  (v) The internship provided training in a range of assessment and intervention 
activities conducted directly with patients/clients. 
   
  (vi) At least 25% of trainee's time was in direct patient/client contact 
(minimum 375 hours). 
   
  (vii) The internship included a minimum of two hours per week (regardless of 
whether the internship was completed in one year or two) of regularly scheduled 
formal, face-to-face individual supervision. There must also have been at least 
two additional hours per week in learning activities such as: case conferences 
involving a case in which the intern was actively involved; seminars dealing 
with psychology issues; co-therapy with a staff person including discussion; 
group supervision; additional individual supervision. 
   
  (viii) Training was post-clerkship, post-practicum and post-externship level. 
   
  (ix) The internship agency had a minimum of two full-time equivalent interns 
at the internship level of training during applicant's training period. 
   
  (x) The internship level psychology trainees have titles such as "intern", 
"resident", "fellow", or other designation of trainee status. 
   
  (xi) The internship agency had a written statement or brochure which described 
the goals and content of the internship, stated clear expectations for quantity 
and quality of trainee's work and was made available to prospective interns. 
   
  (xii) A year of full-time supervised experience is defined as a minimum of 35 
hours per week employment/experience in not less than 12 consecutive calendar 
months in not more than two placements. A year of half-time supervised 
experience is defined as a minimum of 20 hours per week employment/experience in 
not less than 24 consecutive calendar months in not more than two placements. 
One calendar year from the beginning of ten consecutive calendar months of 
employment/experience in a school district constitutes one year of supervised 
experience. 
   
  (xiii) Consortia may be created if they follow the guidelines of the current 
American psychological Association Committee on Accreditation Handbook; or 
     
  (C) for School Psychologist trainees, the successful completion of an 
organized pre-doctoral internship program in a school district meeting the 
following criteria. 
 
  (i) The internship experience shall be provided at or near the end of the 
formal training period. 
   
  (ii) The internship experience shall occur on a full-time basis over a period 
of one academic year, or on a half-time basis over a period of two consecutive 
academic years. 
   
  (iii) The internship experience shall be consistent with a written plan and 
shall meet the specific training objectives of the program. 
   
  (iv) The internship experience shall occur in a setting appropriate to the 
specific training objectives of the program. 
   
  (v) At least 600 clock hours of the internship experience shall occur in a 
school setting and shall provide a balanced exposure to regular and special 
educational programs. 
   
  (vi) The internship experience shall be provided appropriate recognition 
through the awarding of academic credit. 
   
  (vii) The internship experience shall occur under conditions of appropriate 
supervision. Field-based internship supervisors shall hold a valid credential as 
a school psychologist for that portion of the internship that is in a school 
setting. That portion of the internship which appropriately may be in a non-
school setting shall require supervision by an appropriately credentialed 
psychologist. 
   
  (viii) Field-based internship supervisors shall be responsible for no more 
than two interns at any given time. University internship supervisors shall be 
responsible for no more than 12 interns at any given time. 
   
  (ix) Field based internship supervisors shall provide at least two hours per 
week of direct supervision for each intern. University internship supervisors 
shall maintain an ongoing relationship with field-based internship supervisors 
and shall provide at least one field-based contact per semester with each 
intern. 
   
  (x) The internship placement agency shall provide appropriate support for the 
internship experience which shall include: 
 
  (I) a written contractual agreement specifying the period of appointment and 
the terms of compensation; 
   
  (II) A schedule of appointments consistent with that of agency school 
psychologists (e.g. calendar, participation in in-service meetings, etc.); 
   
  (III) provision for participation in continuing professional development 
activities; 
   
  (IV) expense reimbursement consistent with policies pertaining to agency 
school psychologists; 
   
  (V) an appropriate work environment including adequate supplies, materials, 
secretarial services, and office space; 
   
  (VI) release time for internship supervisors; and 
   
  (VII) a commitment to the internship as a training experience. 
     
  (xi) The internship experience shall be systematically evaluated in a manner 
consistent with the specific training objectives of the program. 
   
  (xii) The internship experience shall be conducted in a manner consistent with 
the current legal-ethical standards of the profession. 
   
  (xiii) The internship agency will have a minimum of two full-time equivalent 
interns at the internship level during the applicant's training period. 
   
  (xiv) The internship agency will have the availability of at least two full-
time equivalent psychologists as primary supervisors, at least one of whom is 
employed full time at the agency and is a school psychologist. 
   
  (xv) Consortia may be created to meet the criteria in this section. 
     
  (D) Individuals enrolled in an Industrial/Organizational doctoral degree 
program are exempt from <nl>this paragraph<ol> [(11)] of this section. 
     
  <nl>(13)<ol>[(12)] All applicants obtaining experience for the purpose of 
certification and licensure must adhere to the Board's supervision guidelines 
currently in effect in Board Rule 465.18 regardless of setting. 
   
  <nl>(14)<ol>[(13)] Persons under supervision for the purpose of meeting the 
criteria guidelines for defining supervised experience in an organized health 
service training program (see sec.469.2 of this title (relating to Criteria for 
Health Service Provider in Psychology)) must adhere to <nl>paragraph (12)(A) or 
(B)<ol> [(11)] of this section, relating to experience. Those individuals who 
have not been trained under <nl>paragraph (12)(A) or (B)<ol> [(11)] of this 
section, are not eligible to represent themselves as Health Service Providers. 
Those trained under <nl>paragraph (12) (C)<ol> [(11)] of this section must 
practice only school psychology. 
   
  <nl>(15)<ol>[(14)] Experience received from a psychologist <nl>while the 
psychologist is practicing subject to <ol> [who is simultaneous under] an Agreed 
<nl>Board <ol> Order or <nl>Board <ol> Order [of the Board] <nl>shall<ol> [does] 
not <nl>, under any circumstances, <ol> qualify <nl>as supervised assistance for 
licensure purposes regardless of the setting in which it was received <ol> [for 
licensure consideration, regardless of setting].  <nl>Psychologists who become 
subject to an Agreed Board Order or Board Order shall<ol> [The psychologist 
must] inform all supervisees of the Agreed <nl>Board<ol> Order or <nl>Board<ol> 
Order and assist <nl>all<ol> [his/her] supervisees in finding appropriate 
alternate supervision. 
 
  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 February 28, 1995. 
 TRD-9502581 
  Rebecca E. Forkner 
 Executive Director 
 Texas State Board of Examiners of Psychologists 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 835-2036 
         
             Chapter 465. Rules of Practice 
  
  22 TAC sec.465.22 
 
  The Texas State Board of Examiners of Psychologists proposes new sec.465. 22, 
concerning psychological records. The new rule is being proposed as the Board is 
replacing its record maintenance requirements with a rule which more accurately 
reflects the Board's requirements and professional standards. 
 Rebecca E. Forkner, executive director, has determined that for the first five-
year period the rule is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the rule. 
 Ms. Forkner 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 to inform certificands/licensees, as well as the consuming public, 
of the time limits required for record maintenance. 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 proposal may be submitted to Janice C. Alvarez, Texas State 
Board of Examiners of Psychologists, 9101 Burnet Road, Suite 212, Austin, Texas 
78758, (512) 835-2036. 
 The amendment is proposed under Texas Civil Statutes, Article 4512c, which 
provide the Texas State Board of Examiners of Psychologists with the authority 
to make all rules, not inconsistent with the Constitution and Laws of this 
State, which are reasonably necessary for the proper performance of its duties 
and regulations of proceedings before it. 
 The proposed amendment does not affect other statutes, articles, or codes. 
 
 
  sec.465.22. Psychological Records. 
 
  (a) General requirements. 
 
  (1) All individuals licensed and/or certified by the Board shall maintain 
accurate, current, and pertinent records of all psychological services rendered. 
   
  (2) All records shall be sufficient to permit planning for continuity in the 
event that another care provider takes over delivery of services to a patient or 
client, for any reason including the death, disability, or retirement of the 
licensee or certificand. 
   
  (3) All records shall be maintained in sufficient detail to permit adequate 
regulatory and administrative review of psychological service delivery. 
   
  (4) Records shall be maintained and stored in a way that permits review and 
duplication. 
   
  (5) All individuals licensed and/or certified by the Board shall adequately 
identify all impressions and tentative conclusions contained in any record. 
   
  (6) All individuals licensed and/or certified by this Board shall inform their 
patient/clients of the nature and extent of their record keeping procedures; 
including but not limited to a statement on the limitations of the 
confidentiality of the records. 
     
  (b) Content of Records. 
 
  (1) For purposes of this Rule, psychological records include any information 
that can be used to document the delivery, progress, or results of any 
psychological services; including, but not limited to: 
 
  (A) identifying data; 
   
  (B) dates of services; 
   
  (C) types of services; 
   
  (D) fees and fee schedules; 
   
  (E) any assessment, plan for intervention, consultation, handwritten notes, 
summary reports and/or testing reports and relevant supporting data; and 
   
  (F) any and all release forms obtained from the client; patient or any third 
party pertaining to the services in question. 
     
  (2) Records may contain information beyond the minimum items enumerated in 
sec.465.2(b)(1) of this title (relating to Rules); however, all such records are 
subject to all requirements imposed by this rule and any other applicable Board 
rule or state or federal law for records relating to psychological services. 
   
  (3) Records include information stored in a computer or computer data base. 
     
  (c) Maintenance and Control of Records. 
 
  (1) All individuals licensed and/or certified by the Board shall maintain a 
system that protects the confidentiality of records. This includes all steps 
necessary to establish and maintain the confidentiality of information arising 
from the individual's own delivery of psychological services, or the services 
provided by others working under the supervision of the individual. 
   
  (2) All individuals licensed and/or certified by the Board shall have ultimate 
responsibility for the content of their records and the records of those under 
their supervision including, where necessary, the design and implementation of 
record keeping procedures, as well as any monitoring necessary to ensure that 
all record keeping procedures are observed. 
   
  (3) All individuals licensed and/or certified by the Board shall take all 
reasonable efforts to protect against the misuse of any record. 
   
  (4) All individuals licensed and/or certified by the Board shall maintain 
control over the records of any individual to whom they provide psychological 
services to the extent necessary to ensure that this Board rule and all 
applicable state and federal laws are observed. 
   
  (5) In situations where it becomes impossible for the licensee and/or 
certificand to maintain control over such records, the licensee and/or 
certificand shall make all necessary arrangements for transfer to another 
individual subject to the requirements of this Board rule. It is the 
responsibility of the licensee and/or certificand to implement a system so that 
former and current client/patient records can be obtained by other mental health 
professionals where appropriate. 
   
  (6) Where an individual licensed and/or certified by the Board is providing 
psychological services as an employee of an agency, all patient or client files 
remain the property of the employing agency upon termination of the employment 
of the individual with the employing agency. 
     
  (d) Access to Records. 
 
  (1) Records shall be organized in a manner that facilitates their use by all 
authorized persons. All record entries shall be legible. All records are to be 
completed in a timely manner. 
   
  (2) Records may be maintained in a variety of media, but their utility, 
confidentiality and durability must be maintained. 
   
  (3) An individual licensed and/or certified by this Board shall release 
information about a patient or client only upon written authorization by the 
patient, client, or appropriate legal guardian; pursuant to a proper court 
order, or as required by applicable state or federal law. 
   
  (4) An individual licensed and/or certified by this Board may impose a 
reasonable fee for review and reproduction of records. However, no individual 
shall withhold records because the client and/or patient has not paid for prior 
services. 
   
  (5) Raw data and protocols belong to the psychologist. Raw data and protocols 
are not a matter of public record. Raw data and protocols shall be made 
available only to another qualified and licensed psychologist and only upon 
receipt of proper written authorization from the patient/client or other 
individual legally authorized to release psychological records on behalf of a 
patient or client. 
   
  (6) Individuals licensed and/or certified by this Board shall cooperate in the 
continuity of care of clients by providing appropriate information to succeeding 
licensed professionals. All such information is subject to the applicable Board 
rules and state and federal laws concerning confidentiality of psychological 
records. 
   
  (7) For any situation in which a psychologist is temporarily or permanently 
removed from the practice of psychology in Texas, it is the responsibility of 
the psychologist to implement a system so that former and current client/patient 
records may be obtained by mental health professionals. 
     
  (e) Retention of Records. 
 
  (1) All individuals licensed and/or certified by this Board shall be aware of 
relevant, federal, state, and local laws and regulations governing record 
retention. Where applicable, state and federal laws and regulations supersede 
the requirements of these rules. 
   
  (2) In the absence of specific other laws and regulations as specified in 
paragraph (1) of this subsection supra, complete records shall be maintained for 
a minimum of ten years after the last contact with the client. If the client is 
a minor, the record period is extended until ten years after the age of 
majority. 
   
  (3) All records, active and inactive, shall be maintained safely, with 
properly limited access, and from which timely retrieval is possible. 
     
  (f) Outdated Records. 
 
  (1) All individuals licensed and/or certified by this Board shall be attentive 
to situations in which record information has become outdated, and may therefore 
be invalid, particularly in circumstances where disclosure might cause adverse 
effects. All such individuals shall ensure that when disclosing such information 
that its outdated nature and limited utility are noted using professional 
judgment and in compliance with all applicable laws. 
   
  (2) Any disposal of records shall be done in an appropriate manner that 
ensures nondisclosure (or preserves confidentiality) of any affected party as 
required by the rules of this Board and all applicable law. 
 
  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 February 22, 1995. 
 TRD-9502313 
  Rebecca E. Forkner 
 Executive Director 
 Texas State Board of Examiners of Psychologists 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 835-2036 
         
                 Part XXVI. Texas Board of Licensure for Professional Medical 
Physicists 
  Chapter 601. Medical Physicists 
  
  The Texas Board of Licensure for Professional Medical Physicists (board) with 
the approval of the Texas Department of Health (department) proposes amendments 
to sec.sec.601.1-601.6, 601.8, 601.10, 601.13-601.17; repeal of sec.601. 7; and 
new sec.601.7, concerning professional and medically physicists. The amendments 
include purpose and scope; definitions; the board's operation; fees; exemptions; 
application procedures; licensure by examination; license issuance and license 
holder requirements; petition for adoption of rules; code of ethics; criminal 
background; violations, complaints, and subsequent actions; and surrender of 
license. The repeal of existing sec.601.7 concerns licensure without 
examination. The new sec.601.7 concern reciprocity which was previously included 
in the section proposed for repeal. 
 The amendments will insure that the wording in the rules is parallel with the 
Act, increase fees, allow an applicant to submit sworn evidence of a degree if a 
transcript is not issued, add an open book examination for all applicants, allow 
the board to disapprove an application if the applicant does not make a passing 
score of 80% on the open book examination, allow the board to disapprove an 
application if an applicant lacks necessary skills and abilities in the 
specialty area requested, and require an applicant with a foreign degree to have 
an evaluation and translation of the degree. The new section will cover an 
administrative procedure for licensure by reciprocity. The section proposed for 
repeal covered reciprocity and licensure without examination, an application 
procedure which expired on August 31, 1994. 
 Bernie Underwood, C.P.A., Chief of Staff Services, Health Care Quality and 
Standards, has determined that for the first five-year period the sections will 
be in effect the fiscal implications for state government are anticipated to be 
negligible. The cost and process of administering the program have not changed; 
however the number of applicants has decreased dramatically since the 
opportunity for licensure without examination ended on September 1, 1994. In 
order to generate revenues to cover the cost of the program, the fees must be 
increased. There will be no fiscal implications for local government as a result 
of enforcing or administering the sections as proposed. 
 Ms. Underwood also has determined that for each year of the first five years 
the sections as proposed are in effect, the public benefits anticipated as a 
result of enforcing the sections as proposed will continue to ensure the 
protection of the health, safety and welfare of the citizens of Texas from the 
harmful effects of excessive radiation and from the public threat if medical 
physics is practiced by incompetent persons. The proposed fee increases will 
assure that fees are set in sufficient amounts to cover the cost of regulation 
and enforcement. The anticipated cost to individuals who are required to comply 
with the sections as proposed will be: an increase of $25 in the fee for each 
additional specialty on the initial application; an increase $50 in the renewal 
fee for the initial specialty; an increase of $25 in the renewal fee for each 
additional specialty; and an increase of $10 in the replacement fee. There is no 
anticipated cost or effect on small businesses. There will be no anticipated 
effect in local employment. 
 Comments on the proposal may be submitted to Jeanette Hilsabeck, Texas Board of 
Licensure for Professional Medical Physicists, 1100 West 49th Street, Austin, 
Texas 78756-3183, (512) 834-6655. Public comments will be accepted for 30 days 
after publication of the sections in the Texas Register. 
   
  22 TAC sec.sec.601.1-601.6, 601.8, 601.10, 601.13-601.17 
 
  The amendments and new section are proposed under the Texas Medical Physics 
Practice Act, Texas Civil Statutes, Article 4512n, sec.11, which require the 
Texas Board of Licensure for Professional Medical Physicists to adopt rules, 
with the approval of the Texas Department of Health, that are reasonably 
necessary for the proper performance of its duties under the Act. 
 These sections implement the Texas Medical Physics Practice Act, Texas Civil 
Statutes, Article 4512n. 
 
 
  sec.601.1. Purpose and Scope. 
 
  (a) Purpose. 
 
  (1) These sections in this chapter are intended to implement the provisions of 
the Texas Medical <nl>Physics Practice<ol> [Physicists] Act (Act), Texas Civil 
Statutes, Article 4512n, concerning the regulation and licensure of medical 
physicists, in that: 
 
  (A)-(B) (No change.) 
     
  (2) (No change.) 
     
  (b) (No change.) 
 
     
  sec.601.2. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise. 
   
     <nl>Examination-The licensure test which consists of an open book 
examination for all specialties on Texas radiation control rules and one of the 
specialty examinations described in  s601.8(d) of this title (relating to 
Licensure by Examination). 
 
   
  sec.601.3. The Board's Operation. 
 
  (a) (No change.) 
   
  (b) Officers. 
 
  (1) Presiding officer. 
 
  (A) (No change.) 
   
  (B) The chair shall officiate at all board meetings at which he or she is in 
attendance and perform all duties prescribed by this chapter or the Texas 
Medical <nl>Physics Practice<ol> [Physicists] Act (Act). 
     
  (2) (No change.) 
     
  (c)-(l) (No change.) 
 
     
  sec.601.4. Fees. The purpose of this section is to set out the fees for 
licensure as a medical physicist prescribed by the Texas Board of Licensure for 
Professional Medical Physicists (board). 
 
  (1) The schedule of fees for licensure as a medical physicist is as follows: 
 
  (A) application processing and initial licensing fee: 
 
  (i) (No change.) 
   
  (ii) additional specialties on initial application-<nl>$50 <ol> [$25] each; 
   
  (iii)-(iv) (No change.) 
     
  (B) renewal fee: 
 
  (i) first specialty- <nl>$125<ol> [$75]; and 
   
  (ii) additional specialties -<nl>$50<ol> [$25] each; 
     
  (C)-(D) (No change.) 
   
  (E) license and/or identification card replacement fee -<nl>$20<ol> [$10]; and 
   
  (F) (No change.) 
     
  (2) The schedule of fees for a temporary license as a medical physicist is as 
follows: 
 
  (A) application processing and initial temporary license fee: 
 
  (i) (No change.) 
   
  (ii) additional specialties on initial application-<nl>$50 <ol> [$25] each; 
and 
   
  (iii) (No change.) 
     
  (B) temporary license renewal fee: 
 
  (i) first specialty- <nl>$125<ol> [$75]; and 
   
  (ii) (No change.) 
     
  (C)-(D) (No change.) 
   
  (E) temporary license replacement fee-<nl>$20 <ol> [$10]. 
     
  (3)-(6) (No change.) 
 
     
  sec.601.5. Exemptions. 
 
  (a) The purpose of this section is to set out who is exempt from the Act and 
who must be licensed under the Texas Medical <nl>Physics Practice<ol> 
[Physicists] Act (Act). 
   
  (b)-(d) (No change.) 
 
     
  sec.601.6. Application Procedures. 
 
  (a)-(b) (No change.) 
   
  (c) Required application materials. 
 
  (1) (No change.) 
   
  (2) Required documentation. Applicants for a license must submit: 
 
  [(A) if applying under sec.601.7(a) or (b) of this title (relating to 
Licensure Without Examination), a notarized copy of a current Texas voter 
registration card or a notarized copy of a current Texas driver's license;] 
   
  <nl>(A)<ol>[(B)] evidence of relevant work experience, including a description 
of the responsibilities and duties performed; 
   
  <nl>(B)<ol>[(C)] an official transcript from a college or university granting 
the applicant's degree or certificate of completion of <nl>a <ol> training 
course <nl>or if a college or university does not issue an official transcript, 
the board may accept another form of official documentation or sworn evidence of 
the degree or successful completion of courses<ol>; 
   
  <nl>(C)<ol>[(D)] a statement of the medical physics specialty for which the 
application is submitted; 
   
  <nl>(D)<ol>[(E)] three current professional references as follows: 
 
  (i) two medical physicists. If the applicant is applying for one specialty, 
both physicists must be practicing in that specialty area. If the applicant is 
applying for two or more specialties, one physicist must be practicing in one of 
those specialties and the other physicist must be practicing in another one of 
the specialties for which the applicant is making application; 
   
  (ii) one licensed physician practicing and certified in at least one of the 
specialties for which the applicant is making application; however, if the 
applicant is applying for a license in the specialty area of medical health 
physics, the physician may be practicing and certified in diagnostic radiology, 
radiation oncology, or nuclear medicine; and 
   
  (iii) if applying for a temporary license, post-secondary academic references 
may be substituted; [and] 
     
  <nl>(E)<ol>[(F)] a fee as prescribed by the board<nl>; and<ol> [.] 
   
  <nl>(F) the successfully completed, current open book examination portion of 
the board's examination. The applicant is responsible for verifying that he or 
she has taken and submitted the most current version of the open book 
examination. 
       
  (d) Consideration of application. This subsection is intended to address the 
applications procedures required by the Texas Medical <nl>Physics Practice<ol> 
[Physicists] Act (Act),  s14(c)-(f) and sec.17(a) and (b). 
 
  (1)-(3) (No change.) 
   
  (4) If an applicant has not completed <nl>a specialty<ol> [an] examination 
accepted by the board under this chapter, the executive secretary, with 
direction from the chair, shall forward a summary of the application and a 
recommendation for action to the appropriate committee of the board for review 
and recommendation. 
 
  (A)-(B) (No change.) 
       
  (e) Disapproved applications. 
 
  (1) The appropriate committee of the board shall propose disapproval and the 
board shall disapprove the application if the person: 
 
  (A) (No change.) 
   
  (B) has failed to pass the <nl>open book portion of the examination with a 
passing score of 80%<ol> [prescribed examination, if applicable]; 
   
  <nl>(C) has failed to pass an accepted specialty examination described in  
s601.8(d) of this title (relating to Licensure By Examination)<ol>; 
   
  <nl>(D)<ol>[(C)] has deliberately presented false information to the board to 
verify the applicant's qualifications; 
   
  <nl>(E)<ol>[(D)] has obtained or renewed a license by means of fraud, 
misrepresentation, or omission of material facts; 
   
  <nl>(F)<ol>[(E)] has made application for or held a license issued by the 
licensing authority of another state, territory, or jurisdiction that was 
denied, suspended, or revoked by that licensing authority; 
   
  <nl>(G)<ol>[(F)] has been convicted of a felony or of a misdemeanor that 
involved moral turpitude or that directly relates to a person's duties and 
responsibilities as a licensed medical physicist; [or] 
   
  <nl>(H)<ol>[(G)] has otherwise violated this Act, a lawful order or rule of 
the board, or the board's code of ethics <nl>; or 
   
  <nl>(I) lacks the necessary skills, abilities and professional ethics to 
engage in the practice of medical physics in the specialty area requested. 
     
  (2) An applicant whose application has been formally denied under paragraph 
(1)<nl>(F)-(H)<ol> [(E)-(G)] of this subsection shall be permitted to reapply 
after a period of not less than one year from the date of the disapproval and 
shall submit with the reapplication <nl>,<ol> proof satisfactory to the 
board<nl>,<ol> of compliance with all rules of the board and the provisions of 
the Act in effect at the time of reapplication. 
 
       
  sec.601.7. Reciprocity.  The board may issue an annual license to a person who 
holds a license to practice medical or radiological physics in another state, 
territory, or jurisdiction that has requirements for the licensing of medical or 
radiological physicists that are substantially the same as the requirements of 
the Texas Medical Physics Practice Act (Act). 
 
   
  sec.601.8. Licensure By Examination. 
 
  (a) Eligibility. To be eligible to take <nl>a specialty<ol> [an] examination 
for an annual license for a professional medical physicist, a person must: 
 
  (1) have an earned master's or doctoral degree from an accredited college or 
university: 
 
  (A)-(B) (No change.) 
   
  (C) not meeting the requirements of subparagraph (A) or (B) of this paragraph, 
but where the board considers and approves the degree as signifying 
<nl>successful<ol> [the] completion of courses acceptable to the board in 
physics, medical physics, biophysics, radiological physics, medical health 
physics, or nuclear engineering; 
     
  (2) (No change.) 
   
  (3) submit a completed application as required by the Texas Medical 
<nl>Physics Practice<ol> [Physicists] Act (Act),  s14. 
     
  (b) (No change.) 
   
  (c) Foreign academic credit. Degrees and course work received at foreign 
universities shall be acceptable only if such course work could be counted as 
transfer credit by accredited universities as reported by the American 
Association of Collegiate Registrars and Admissions Officers. <nl>An applicant 
having a foreign degree(s) must furnish at the applicant's own expense an 
evaluation of the foreign degree(s) from a commercial evaluation service. The 
degree evaluation must be sent directly to the board by the evaluation service. 
An applicant must submit with the application complete certified copies or 
documented proof of the degree(s) awarded (masters or doctorate) and the date it 
was awarded. Documents written in languages other than English shall be 
accompanied by a certified English translation. 
   
  (d) Approved <nl>specialty<ol> examination. 
 
  (1)-(2) (No change.) 
     
  (e)-(h) (No change.) 
 
     
  sec.601.10. License Issuance and License Holder Requirements. 
 
  (a) The Texas Board of Licensure for Professional Medical Physicists (board) 
may issue a license to an eligible applicant if the applicant passes the 
examination, if required, and meets all other license requirements under the 
Texas Medical <nl>Physics Practice<ol> [Physicists] Act (Act) and this chapter. 
   
  (b)-(d) (No change.) 
 
     
  sec.601.13. Petition for Adoption of Rules. 
 
  (a) (No change.) 
   
  (b) Submission of the petition. 
 
  (1)-(3) (No change.) 
   
  (4) The petition shall be mailed or delivered to the Texas [State] Board of 
Licensure for Professional Medical Physicists, 1100 West 49th Street, Austin, 
Texas 78756. 
     
  (c)-(d) (No change.) 
 
     
  sec.601.14. Code of Ethics. 
 
  (a)-(g) (No change.) 
   
  (h) A licensed medical physicist shall report alleged violations of the Texas 
Medical <nl>Physics Practice <ol> [Physicists] Act (Act) or this chapter to the 
Texas Board of Licensure for Professional Medical Physicist's (board) executive 
secretary. 
   
  (i)-(n) (No change.) 
 
     
  sec.601.15. Criminal Background. 
 
  (a)-(b) (No change.) 
   
  (c) The following felonies and misdemeanors directly relate to a license of a 
medical physicist because these criminal offenses indicate an inability or a 
tendency to be unable to properly engage in the practice of medical physics: 
 
  (1) a conviction under the Texas Medical <nl>Physics Practice<ol> [Physicists] 
Act (Act), sec.23; 
   
  (2)-(9) (No change.) 
     
  (d)-(e) (No change.) 
 
     
  sec.601.16. Violations, Complaints, and Subsequent Actions. 
 
  (a) Purpose. The purpose of this section is to establish standards relating 
to: 
 
  (1) offenses which are a Class B misdemeanor under the Texas Medical 
<nl>Physics Practice<ol> [Physicists] Act (Act); 
   
  (2)-(5) (No change.) 
     
  (b)-(i) (No change.) 
 
     
  sec.601.17. Surrender of License. 
 
  (a) (No change.) 
   
  (b) Acceptance by the board. 
 
  (1) (No change.) 
   
  (2) Surrender of a license without acceptance thereof by the board shall not 
deprive the board of jurisdiction over the licensee under the Texas Medical 
<nl>Physics Practice<ol> [Physicists] Act (Act) or this chapter. 
     
  (c)-(d) (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 February 27, 1995. 
 TRD-9502453 
  Susan K. Steeg 
 General Counsel 
 Texas Department of Health 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 458-7236 
         
           
  22 TAC sec.601.7 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Board of 
Licensure for Professional Medical Physicists or in the Texas Register office, 
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) 
   
  The repeal is proposed under the Texas Medical Physics Practice Act, Texas 
Civil Statutes, Article 4512n, sec.11, which require the Texas Board of 
Licensure for Professional Medical Physicists to adopt rules, with the approval 
of the Texas Department of Health, that are reasonably necessary for the proper 
performance of its duties under the Act. 
 The section implements the Texas Medical Physics Practice Act, Texas Civil 
Statutes, Article 4512n. 
 
 
  sec.601.7. Licensure Without Examination. 
 
  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 February 27, 1995. 
 TRD-9502452 
  Susan K. Steeg 
 General Counsel 
 Texas Department of Health 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 458-7236 
         
             Part XXVIII. Executive Council of Physical Therapy and Occupational 
Therapy Examiners 
  Chapter 651. Fees 
  
  22 TAC sec.651.2 
 
  The Executive Council of Physical Therapy and Occupational Therapy Examiners 
proposes new sec.651.2, concerning Physical Therapy Board Fees. This new section 
sets fees for services provided by the Texas State Board of Physical Therapy 
Examiners. 
 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 local or state 
government as a result of enforcing or administering 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 provision of better physical therapy licensing services. There will 
be no effect on small businesses. There is no anticipated economic costs to 
persons who are required to comply with the rule as proposed. 
 Comments on the proposed rule may be submitted to Nina Hurter, Executive 
Council of Physical Therapy and Occupational Therapy Examiners, 3001 South Lamar 
Boulevard, Suite 101, Austin, Texas 78704. 
 The new section is proposed under the Texas Civil Statutes, Article 4512e-1, 
which provide the council with the authority to promulgate rules. 
 Texas Civil Statutes, Article 4512e, is affected by this new section. 
 
 
  sec.651.2. Physical Therapy Board Fees. 
 
  (a) Examination. 
 
  (1) Physical therapist-$185; 
   
  (2)  Physical therapist assistant-$185. 
     
  (b) Application. 
 
  (1)  Physical therapist-$150; 
   
  (2) Physical therapist assistant-$100. 
     
  (c) License. 
 
  (1) Temporary license. 
 
  (A) Physical therapist-$60; 
   
  (B) Physical therapist assistant-$40. 
     
  (2) Provisional. 
 
  (A) Physical therapist-$80; 
   
  (B) Physical therapist assistant-$75. 
       
  (d)  Renewal. 
 
  (1) Physical therapist-$200 (two-year); 
   
  (2)  Physical therapist assistant-$150 (two-year.) 
     
  (e) Duplicate License. 
 
  (1) Physical therapist-$25; 
   
  (2) Physical therapist assistant-$25. 
     
  (f) Transfer. 
 
  (1) Physical therapist-$40; 
   
  (2) Physical therapist assistant-$40. 
     
  (g)  Registration of Facilities. 
 
  (1) First facility-$300; 
   
  (2)  Additional site-$100. 
     
  (h) Renewal of Facility Registration. 
 
  (1) First facility-$300; 
   
  (2) Additional site-$100. 
     
  (i) Duplicate Facility Registration Certificate-$25. 
   
  (j)  Approval of Continuing Education Program for CEU Credit-$40 per program. 
   
  (k) Fees for Applicants Who Fail the Examination-Each time an applicant 
retakes the examination the examination fee must be paid again. 
 
  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 February 28, 1995. 
 TRD-9502526 
  John P. Maline 
 Executive Director 
 Executive Council of Physical Therapy and Occupational Therapy Examiners 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 443-8202 
         
                 
  TITLE 25. HEALTH SERVICES 
 Part I. Texas Department of Health 
  Chapter 1. Texas Board of Health 
  
  Public Health Promotion 
 
  The Texas Department of Health proposes the repeal of existing sec.1.104 and 
proposes new sec.1.104, concerning signs on the prohibition of the sale, or 
provision of tobacco products to a minor under 18 years of age. The new signs 
say that the sale or provision of tobacco products to a minor under 18 years of 
age is prohibited by law, and that upon conviction a maximum fine of up to $500 
may be imposed. The existing signs specify that the maximum fine is $200 for 
violation. This change is necessitated by the legislative change in the 
definition of a Class C misdemeanor. The new sign also provides a toll free hot 
line where individuals can acquire more information. In addition to these 
changes, the new signs have been enlarged and changed in color and design. 
 The proposed new section will comply with the requirements of Health and Safety 
Code, sec.161.082, which requires the board to determine by rule the design and 
size of signs on the prohibition of the sale or provision of tobacco products to 
a minor under 18 years of age, and on request to provide the sign without charge 
to any person who sells cigarette products. 
 Philip Huang, M.D., Bureau Chief, Bureau of Chronic Disease Prevention and 
Control, has determined that for the first five-year period the proposed section 
is in effect there will be fiscal implications as a result of enforcing or 
administering the section. The cost to the department will be approximately 
$10,000 annually, initially for printing of new signs and increased use of the 
toll free number. There will be no cost to local government. There may be a very 
minimal cost to a small business which is a distributor or retailer if it 
decides to make their own signs. 
 Dr. Huang also has determined that for the first five years the section is in 
effect the public benefit anticipated as a result of enforcing the section will 
be that the general public will be more aware of the prohibition in Texas Health 
and Safety Code, sec.161.081, on the sale or provision of tobacco products to a 
minor under 18 years of age and of the criminal penalty for violation of the 
law. There will be no economic costs to individuals who are required to comply 
with the section as proposed. There will be no impact on local employment. 
 Written comments on the proposal may be submitted to Dr. Philip Huang, Texas 
Department of Health, Office of Smoking and Health, 1100 West 49th Street, 
Austin, Texas 78756-3199. Comments will be accepted for 30 days after the 
proposal is published in the Texas Register. 
   
  25 TAC sec.1.104 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of Health or in the Texas Register office, Room 245, James Earl Rudder Building, 
1019 Brazos Street, Austin.) 
   
  The repeal is are proposed under the Health and Safety Code, sec.161.082, 
which provides the Texas Board of Health with authority to adopt rules 
concerning the design and size of signs on the prohibition of the sale or 
provision of tobacco products to a minor under 18 years of age; and sec.12.001, 
which provides the Texas Board of Health with the authority to adopt rules for 
the performance of every duty imposed by law on the Texas Board of Health, the 
Texas Department of Health and the Commissioner of Health. 
 The rule affects Health and Safety Code, Chapter 161, Subchapter H, "Sale of 
Cigarettes or Tobacco Products to Minors." 
 
 
  sec.1.104. Signs Covering the Prohibition of the Sale or Provision of Tobacco 
Products to a Minor Under 18 Years of Age. 
 
  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 February 27, 1995. 
 TRD-9502449 
  Susan K. Steeg 
 General Counsel, Office of the General Counsel 
 Texas Department of Health 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 458-7236 
         
       
  The new section is proposed under the Health and Safety Code, sec.161. 082, 
which provides the Texas Board of Health with authority to adopt rules 
concerning the design and size of signs on the prohibition of the sale or 
provision of tobacco products to a minor under 18 years of age; and sec.12.001, 
which provides the Texas Board of Health with the authority to adopt rules for 
the performance of every duty imposed by law on the Texas Board of Health, the 
Texas Department of Health and the Commissioner of Health. 
 The rule affects Health and Safety Code, Chapter 161, Subchapter H, "Sale of 
Cigarettes or Tobacco Products to Minors." 
 
 
  sec.1.104. Signs Covering the Prohibition of the Sale or Provision of Tobacco 
Products to a Minor Under 18 Years of Age. 
 
  (a) The Health and Safety Code, sec.161.081, requires that each person who 
sells tobacco products at retail or by vending machine shall post a sign in a 
location that is conspicuous to all employees and customers and that is close to 
the place at which the tobacco products may be purchased. Section 161. 081 also 
requires the Board of Health to determine the design and size of the sign. To 
implement this provision, the Board of Health has approved a sign to be placed 
on vending machines and a sign to be placed close to a cash register or check-
out stand. The design and minimum size of each sign are as follows. 
 
  (1) The minimum size of the sign to be posted close to the cash register or 
check-out stand shall be 8 1/2 by 11 inches. The sign shall be printed black on 
goldenrod colored paper or stock. The design of the sign, including wording and 
minimum print size, shall be as shown in the replica published as follows. 
       
  <ol>FIGURE 1: 25 TAC sec.1.104(a)(1) 
 
  (2) The minimum size of the sign to be posted close to the vending machine 
shall be three by seven inches. The sign shall be printed black on goldenrod 
colored paper or stock. The design of the sign, including wording and minimum 
print size, shall be as shown in the replica published as follows. 
     
  <ol>FIGURE 2: 25 TAC sec.1.104(a)(2) 
 
  (b) The department on request shall provide the sign without charge to any 
person who sells tobacco products. The department will provide the sign without 
charge to distributors or wholesale dealers of tobacco products in this state 
for distribution to persons who sell tobacco products. 
   
  (c) Requests for signs shall be made to the Texas Department of Health, 
Literature and Forms Division, Warehouse Facility, 1100 West 49th Street, 
Austin, Texas 78756-3199. A requester shall indicate the warehouse stock number, 
(#4-171 for vending machine signs, #4-171A for vending machine signs in Spanish, 
#4-172 for cash register or check-out area signs, and #4-172A for cash register 
or check-out area signs in Spanish), the number of signs desired, and the person 
and address to whom the signs are to be mailed. 
   
  (d) Retailers and wholesalers may develop their own signs provided they meet 
the minimum size specifications and the designs (including wording and minimum 
print size) for the signs as described in subsection (a) of this section. A 
wholesaler or retailer may submit a sample of its proposed sign for review to 
the department's Office of Smoking and Health, 1100 West 49th Street, Austin, 
Texas, 78756. 
 
  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 February 27, 1995. 
 TRD-9502448 
  Susan K. Steeg 
 General Counsel, Office of the General Counsel 
 Texas Department of Health 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 458-7236 
         
               Chapter 37. Maternal and Child Health Services 
  
  Surveillance and Control of Birth Defects 
 
  25 TAC sec.37.307 
 
  The Texas Department of Health (department) proposes new  s37.307, concerning 
a Scientific Advisory Committee on Birth Defects in Texas. The new section is 
necessary to implement Health and Safety Code, Chapter 87, Birth Defects, 
sec.87.006, which requires the department to establish a scientific advisory 
committee on birth defects in Texas. Section 37.307 defines the committee's 
purposes, composition, meeting procedures and reporting responsibilities. 
 Dr. Mark Canfield, Ph.D. of the Birth Defects Monitoring Division has 
determined that for the first five-year period the proposed section is in effect 
there will be fiscal implications as a result of enforcing the rule. There will 
be a net cost to state government of $50,000. There will be no fiscal 
implications to local government as a result of enforcing this rule. 
 Dr. Canfield 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 the section 
will be that better information and advice will be available to the department, 
the Texas Board of Health and the Texas Legislature on the issues relating to 
birth defects in general and to implementing the birth defects registry in 
particular. 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, and no effect on local employment. 
 Written comments may be submitted to Dr. Mark Canfield, Birth Defects Registry, 
1100 West 49th Street, Austin, Texas 78756 (512) 458-7236. Comments on the 
proposed section will be accepted for 30 days following publication in the Texas 
Register. 
 The new section is proposed under the Texas Health and Safety Code, sec.11. 
016, which allows the board to establish Advisory Committees; and Health and 
Safety Code, sec.12.001, which provides the board with authority to adopt rules 
for the performance of every duty imposed by law upon the board, the department, 
and the commissioner of health. 
 The Health and Safety Code, sec.11.016 is affected by the new section. 
 
 
  sec.37.307. Scientific Advisory Committee on Birth Defects in Texas. 
 
  (a) The committee. The Scientific Advisory Committee on Birth Defects in Texas 
shall be appointed under and governed by this section. 
 
  (1)  The name of the committee shall be the Scientific Advisory Committee on 
Birth Defects in Texas. 
   
  (2) The committee is established under the Health and Safety Code, sec.11.016 
which allows the Texas Board of Health (board) to establish advisory committees. 
     
  (b) Applicable law. The committee is subject to Texas Civil Statutes, Article 
6252-33 relating to state agency advisory committees. 
   
  (c) Purpose. The purpose of the committee is to provide advice to the board in 
the area of implementing an effective birth defects registry and related 
research, referral, and educational activities. 
   
  (d) Tasks. 
 
  (1) The committee shall advise the board concerning rules relating to 
implementing an effective birth defects registry and related research, referral, 
and educational activities. 
   
  (2) The committee shall: 
 
  (A) provide practical and scientific advice to the Texas Department of Health 
(department) in implementing an effective birth defects registry and related 
research through: 
 
  (i)  referral and educational activities; and 
   
  (ii) review and advise the department on all proposed projects and programs 
prior to and during implementation; 
     
  (B) monitor the birth defects registry and related programs; and 
   
  (C) make recommendations to the department or the legislature, as appropriate. 
     
  (3) The committee shall carry out any other tasks given to the committee by 
the board. 
     
  (e) Review and duration. By March 1, 1999, the board will initiate and 
complete review of the committee whether the committee should be continued, 
consolidated with another committee, or abolished. If the committee is not 
continued or consolidated, the committee shall be abolished on that date. 
   
  (f) Composition. The committee shall be composed of 11 members. 
 
  (1) The composition of the committee shall include scientific experts in the 
field of birth defects, genetics, epidemiology, and medicine. 
 
  (A) At least one member shall be from the general public. 
   
  (B) If the board implements a pilot birth defects registry in selected regions 
of the state, membership of the scientific advisory committee must include 
persons who work or live in the areas where the pilot birth defects registry 
activity is implemented. 
     
  (2)  The members of the committee shall be appointed by the commissioner. 
     
  (g) Terms of office. The term of office of each member shall be six years. 
 
  (1) Members shall be appointed for staggered terms so that the terms of a 
substantially equivalent number of members will expire January 1 of each odd-
numbered year. 
   
  (2) If a vacancy occurs, a person shall be appointed to serve the unexpired 
portion of that term. 
     
  (h) Officers. The committee shall elect a presiding officer and an assistant 
presiding officer at its first meeting after August 31st of each year. 
 
  (1) Each officer shall serve until the next regular election of officers. 
   
  (2)  The presiding officer shall preside at all committee meetings at which he 
or she is in attendance, call meetings in accordance with this section, appoint 
subcommittees of the committee as necessary, and cause proper reports to be made 
to the board. The presiding officer may serve as an ex-officio member of any 
subcommittee of the committee. 
   
  (3) The assistant presiding officer shall perform the duties of the presiding 
officer in case of the absence or disability of the presiding officer. In case 
the office of presiding officer becomes vacant, the assistant presiding officer 
will serve until a successor is elected to complete the unexpired portion of the 
term of the office of presiding officer. 
   
  (4) A vacancy which occurs in the offices of presiding officer or assistant 
presiding officer may be filled at the next committee meeting. 
   
  (5) A member shall serve no more than two consecutive terms as presiding 
officer and/or assistant presiding officer. 
   
  (6) The committee may reference its officers by other terms, such as 
chairperson and vice-chairperson. 
     
  (i) Meetings. The committee shall meet only as necessary to conduct committee 
business. 
 
  (1) A meeting may be called by agreement of department staff and either the 
presiding officer or at least three members of the committee. 
   
  (2) Meeting arrangements shall be made by department staff. Department staff 
shall contact committee members to determine availability for a meeting date and 
place. 
   
  (3) Each meeting of the committee shall be announced and conducted in 
accordance with the Open Meetings Act, Texas Government Code, Chapter 551. 
   
  (4) Each member of the committee shall be informed of a committee meeting at 
least five working days before the meeting. 
   
  (5) A simple majority of the members of the committee shall constitute a 
quorum for the purpose of transacting official business. 
   
  (6) The committee is authorized to transact official business only when in a 
legally constituted meeting with quorum present. 
   
  (7) The agenda for each committee meeting shall include an item entitled 
public comment under which any person will be allowed to address the committee 
on matters relating to committee business. The presiding officer may establish 
procedures for public comment, including a time limit on each comment. 
     
  (j) Attendance. Members shall attend committee meetings as scheduled. Members 
shall attend meetings of subcommittees to which the member is assigned. 
 
  (1) A member shall notify the presiding officer or appropriate department 
staff if he or she is unable to attend a scheduled meeting. 
   
  (2) It is grounds for removal from the committee if a member cannot discharge 
the member's duties for a substantial part of the term for which the member is 
appointed because of illness or disability, is absent from more than half of the 
committee and subcommittee meetings during a calendar year, or is absent from at 
least three consecutive committee meetings. 
   
  (3) The validity of an action of the committee is not affected by the fact 
that it is taken when a ground for removal of a member exists. 
   
  (4) The attendance records of the members shall be reported to the board. The 
report shall include attendance at committee and subcommittee meetings. 
     
  (k) Staff. Staff support for the committee shall be provided by the 
department. 
   
  (l) Procedures. Roberts Rules of Order, Newly Revised, shall be the basis of 
parliamentary decisions except where otherwise provided by law or rule. 
 
  (1) Any action taken by the committee must be approved by a majority vote of 
the members present once quorum is established. 
   
  (2) Each member shall have one vote. 
   
  (3) A member may not authorize another individual to represent the member by 
proxy. 
   
  (4) The committee shall make decisions in the discharge of its duties without 
discrimination based on any person's race, creed, gender, religion, national 
origin, age, physical condition, or economic status. 
   
  (5) Minutes of each committee meeting shall be taken by department staff. 
 
  (A) A draft of the minutes approved by the presiding officer shall be provided 
to the board and each member of the committee within 30 days of each meeting. 
   
  (B) After approval by the committee, the minutes shall be signed by the 
presiding officer. 
       
  (m)  Subcommittees. The committee may establish subcommittees as necessary to 
assist the committee in carrying out its duties. 
 
  (1) The presiding officer shall appoint members of the committee to serve on 
subcommittees and to act as subcommittee chairpersons. The presiding officer may 
also appoint nonmembers of the committee to serve on subcommittees. 
   
  (2)  Subcommittees shall meet when called by the subcommittee chairperson or 
when so directed by the committee. 
   
  (3) A subcommittee chairperson shall make regular reports to the advisory 
committee at each committee meeting or in interim written reports as needed. The 
reports shall include an executive summary or minutes of each subcommittee 
meeting. 
     
  (n)  Statement by members. The board, the department, and the committee shall 
not be bound in anyway by any statement or action on the part of any committee 
member except when a statement or action is in pursuit of specific instructions 
from the board, department, or committee. 
   
  (o) Reports to board. The committee shall file an annual written report with 
the board. 
 
  (1) The report shall list the meeting dates of the committee and any 
subcommittees, the attendance records of its members, a brief description of 
actions taken by the committee, a description of how the committee has 
accomplished the tasks given to the committee by the board, the status of any 
rules which were recommended by the committee to the board, anticipated 
activities of the committee for the next year, and any amendments to this 
section requested by the committee. 
   
  (2) The report shall identify the costs related to the committee's existence, 
including the cost of agency staff time spent in support of the committee's 
activities. 
   
  (3) The report shall cover the meetings and activities in the immediate 
preceding 12 months and shall be filed with the board each March. It shall be 
signed by the presiding officer and appropriate department staff. 
     
  (p) Reimbursement for expenses. In accordance with the requirements set forth 
in Texas Civil Statutes, Article 6252-33, a committee member may receive 
reimbursement for the member's expenses incurred for each day the member engages 
in official committee business. 
 
  (1) No compensatory per diem shall be paid to committee members unless 
required by law. 
   
  (2) A committee member who is an employee of a state agency, other than the 
department, may not receive reimbursement for expenses from the department. 
   
  (3) A nonmember of the committee who is appointed to serve on a subcommittee 
may not receive reimbursement for expenses from the department. 
   
  (4) Each member who is to be reimbursed for expenses shall submit to staff the 
member's receipts for expenses and any required official forms no later than 14 
days after each committee meeting. 
   
  (5) Requests for reimbursement of expenses shall be made on official state 
travel vouchers prepared by department staff. 
 
  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 February 28, 1995. 
 TRD-9502608 
  Susan K. Steeg 
 General Counsel 
 Texas Department of Health 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 458-7236 
         
                 Chapter 38. Chronically Ill and Disabled Children's Services 
Program 
  
  25 TAC sec.38.3 
 
  The Texas Department of Health (department) proposes an amendment to sec.38.3 
concerning eligibility for the Chronically Ill and Disabled Children's Services 
Program (CIDC). Currently, applicants who appear to be financially eligible for 
Medicaid and who meet all CIDC requirements are given temporary eligibility for 
60 days. The proposed amendment changes applicants' eligibility from "temporary" 
to "provisional" and reduces the eligibility period from 60 days to 30 days, 
with an additional 30 days of provisional eligibility under unusual 
circumstances. The amendment also allows the department to make CIDC eligibility 
retroactive, based on the date of the CIDC application, if a determination of 
eligibility by Medicaid has been submitted within the specified time period. The 
proposed amendment also requires that a client must seek and provide a Medically 
Needy Program (MNP) eligibility determination along with the initial Medicaid 
determination. The proposed amendment authorizes the department to establish 
criteria by which CIDC may require the family to reapply periodically for the 
MNP and/or the Supplemental Security Income Program (SSI) and to participate, if 
eligible, in those programs in order to maintain CIDC eligibility. 
 Anthony D. Lane, Chief of Staff Services, Health Care Delivery Associateship, 
Texas Department of Health, has determined that for the first five-year period 
the rule is in effect, the fiscal implications resulting from administering this 
rule will result in savings to the State of up to $1.4 million for the first 
year (FY1995) and up to $4.0 million per year for FY1996-1999, depending on 
implementation decisions made by the Board of Health. 
 These potential savings in State general revenue funds were calculated by 
identifying the costs shifted from the Chronically Ill and Disabled Children's 
(CIDC) program to the Medicaid funded Medically Needy Program (MNP) and the 
Early and Periodic Screening, Diagnosis, and Treatment/Comprehensive Care 
Program (EPSDT/CCP). 
 CIDC savings would be offset somewhat by additional costs to the MNP. Most 
services for those CIDC clients participating in MNP would now be paid for by 
the MNP or by the Medicaid Early and Periodic Screening, Diagnosis and Treatment 
(EPSDT) Comprehensive Care Program (CCP). Net savings to the department are 
still expected to occur because the CIDC program pays for services with 100% 
general revenue funds; but MNP and CCP will pay only the Medicaid state general 
revenue portion (about 37%), and the Federal Medical Assistance Percentage 
(FMAP) will pay the remainder. 
 For example, the potential net savings to the department for clients with CIDC 
expenditures over $2,000 per year are calculated as follows: the total FY95 CIDC 
cost decrease of $2.2M, less state funds of $0.8M required by the Medicaid MNP 
(the 37% of $2.2 million which the MNP must now spend in general revenue on 
these clients), equals a total potential savings for the department of $1.4M. 
That $1.4 million (the "federal match") would then be paid with federal funds. 
For FY96 and thereafter the state savings will be $6.5M directly from CIDC, less 
state funds of $2.5M required by Medicaid MNP, equals $4.0M. These savings may 
vary due to the differences in services covered and reimbursement rates utilized 
between the Medicaid programs and the CIDC program and because the range of 
savings is dependent upon the number of clients deemed eligible for coverage by 
the MNP. 
 Among current CIDC clients for whom case expenditures exceed $2,000 per year, 
as many as 686 clients may be eligible for the MNP. Requiring MNP participation 
for those clients who are determined to be eligible for the MNP would generate 
maximum savings to CIDC of $2.2 million in FY1995 (or $1.4 million for the State 
since savings from CIDC are reduced by expenditures in MNP--as published under 
figures in this issue of the Texas Register) and up to $6.5 million per year for 
CIDC in FY1996-1999 (up to $4.0 million for the State). If MNP participation is 
required beginning at a case expenditure level of $5,000 or more per year, up to 
342 current CIDC clients may be eligible, with savings to CIDC of up to $1.7 
million in FY95 and $5.1 million per year in FY96-99. If MNP participation is 
required beginning at an expenditure level of $10,000 or more per case per year, 
185 current clients may be eligible, with anticipated savings to CIDC of up to 
$1.3 million in FY95 and $4.0 million per year in FY96-99. At $20,000 per case 
per year, an estimated 92 clients may be eligible for the MNP, with an 
anticipated savings of up to $0.9 million in FY95 and $2.7 million per year in 
FY96-99. At an expenditure level of greater than $50,000 per case per year, 
required participation of 28 clients in MNP, if eligible, would generate savings 
in the CIDC program of up to $0.5 million in FY95 and $1.4 million per year in 
FY96-99. Finally, if the proposed amendment is implemented by the board at an 
expenditure level of more than $100,000 per case per year, required MNP 
participation by the 11 current CIDC clients affected, if eligible, would result 
in savings to CIDC of up to $0.2 million in FY95 and $0.6 million per year in 
FY96-99. 
 The chart depicts the six levels of potential CIDC and State savings presented 
by the proposed rule change. 
 FIGURE 1: 25 TAC sec.38.3, PREAMBLE 
 Maximum savings to CIDC will be realized when the greatest number of eligible 
clients are required to participate in the MNP; i.e., as many as 686 clients at 
an expenditure level of more than $2,000 per case per year. At each higher 
expenditure level, fewer clients will be affected; and projected savings to the 
CIDC program will decrease. 
 The actual CIDC cost reduction for each client will depend upon the financial 
status of each client's family as determined monthly by the Medically Needy 
Program (MNP), the client's financial status as determined by the Supplemental 
Security Income Program (SSI), and the severity of the client's condition. 
Maximum cost reductions in the CIDC program can be realized only if all cases 
predicted to be eligible are deemed eligible for MNP and/or SSI. 
 There are no anticipated fiscal implications for local governments. 
 Mr. Lane has also 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 to limit the program expenditures to the level appropriated by the 
Legislature. There is no effect on small businesses to comply with the rule as 
proposed. There are no anticipated economic costs to individuals who are 
required to comply with the proposed sections. There is no anticipated impact on 
local employment. 
 Oral and written comments on the proposed amendment may be submitted to Susan 
C. Penfield, M.D., Director, Children's Health Division, Texas Department of 
Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7111, Ext. 3104. 
Public comments will be accepted for 30 days after the publication of the 
section in the Texas Register. 
 The amendment is proposed under Health and Safety Code,  s35.005(a)(1), which 
requires the Board of Health (board) to define medical, financial, and other 
criteria for eligibility to receive services; and under Health and Safety Code, 
sec.12.001(b), which authorizes the board to adopt rules for the performance of 
every duty imposed by law on the board, the department, and the commissioner of 
health. 
 The amendment will affect Health and Safety Code, Chapter 35. 
 
 
  sec.38.3. Eligibility for Client Services. In order for an individual to be 
eligible for the Chronically Ill and Disabled Children's Services (CIDC) 
Program, the individual must meet the medical, financial, and other criteria in 
this section. 
 
  (1)-(2) (No change.) 
   
  (3) Financial criteria. Financial need is established on the basis of 
household income and assets which are legally available to the family. 
 
  (A) Household income. 
 
  (i)-(iv) (No change.) 
   
  (v) Applicants who appear to be financially eligible for Medicaid and meet all 
other CIDC Program requirements will be given <nl>provisional<ol> [temporary] 
eligibility for <nl>30 <ol> [60] days. During that time the applicant must apply 
for Medicaid <nl>, including the Medically Needy Program,<ol> and notify the 
CIDC Program of Medicaid's determination<nl>, <ol>[.]<nl> including the 
Medically Needy Program determination. Once a Medicaid determination has been 
received within the time frame specified by the CIDC Program, CIDC eligibility 
may be made retroactive according to criteria set by CIDC. <ol> If the applicant 
fails to follow through with the Medicaid application, eligibility will 
automatically expire at the end of the <nl>30<ol> [60] days. <nl>Claims for 
services provided within the 30-day period will not be paid if no Medicaid 
determination is received in the time period specified by the program. Claims 
for services provided within the 30-day period will not be paid if no Medicaid 
determination is received in the time period specified by the program. Under 
unusual circumstances, the program may grant a 30-day extension of provisional 
eligibility. 
   
  <nl>(vi)<nl> CIDC may set a level of CIDC expenditure or projected CIDC 
expenditure for an individual client beyond which the client may be required to 
apply periodically for the Medically Needy Program and, if eligible, to 
participate in that program in order to retain CIDC eligibility for further 
financial benefit from CIDC. CIDC may, based upon criteria set by CIDC, require 
a client to apply for the supplemental Security Income Program (SSI); and, if 
eligible, participate in that program in order to retain CIDC eligibility for 
further financial benefit from CIDC. The level of expenditure or expected 
expenditure must be approved by the board. The following annual expenditure 
levels may be used for these requirements: 
         
   FIGURE 2: 25 TAC sec.38.3(3)(A)(vi) 
 
  (B) (No change.) 
   
  (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 February 27, 1995. 
 TRD-9502450 
  Susan K. Steeg 
 General Counsel, Office of the General Counsel 
 Texas Department of Health 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 458-7236 
         
             Chapter 143. Medical Radiologic Technologists 
  
  25 TAC sec.sec.143.2, 143.4, 143.9, 143.11, 143.15 
 
  The Texas Department of Health (department) proposes amendments sec.sec.143.2, 
143.4, 143.11 and 143.15; repeal of existing sec.143.9; and new sec.143.9 
concerning definitions, fees, standards for the approval of curricula and 
instructors for medical radiologic technology, continuing education, and 
alternate eligibility. 
 The definitions will be updated to reflect the changes in the professional 
education accreditation agencies. The fee increases will assure that collections 
will cover the cost of administering and enforcing the program. The amendments 
to the section on continuing education will clarify terminology and allow the 
department to simplify the reporting of continuing education for technologists 
who are currently registered with the American Registry of Radiologic 
Technologists. The amendments to alternate eligibility set out a limit of three 
examination attempts and will limit the eligibility period to three years. The 
repeal allows for the adoption of the new section. The new section includes 
strengthened and clarified requirements for limited medical radiologic 
technology programs and instructors to assure that limited education programs 
and instructors will properly and thoroughly train technologists to perform 
limited medical radiologic procedures competently and safely. 
 Bernie Underwood, C.P.A., chief of staff services, Health Care Quality and 
Standards, has determined that for the first five years the sections will be in 
effect, there will be fiscal implications as a result of enforcing or 
administering the sections. The effect on state government will be an estimated 
additional cost of $19,400 the first year, based upon staff needed to effect the 
changes and to respond to inquiries regarding the changes. The new 
administrative procedures are projected to reduce the costs of enforcement and 
administration of the continuing education functions by $2,800 per year 
beginning with the second year the sections are in effect. Finally, fee 
adjustments are estimated to increase revenues by $59,020 per year, which will 
cover the cost of administering the program. The cost has increased during the 
seven year period since 1988 when the existing fee schedule was adopted. There 
are no fiscal implications for local government as a result of administering the 
sections as proposed. 
 Ms. Underwood also has determined that for each year of the first five years 
the sections as proposed are in effect, the public benefits anticipated as a 
result of the sections as proposed will be to assure that the regulation of 
medical radiologic technologists continues to identify competent technologists 
which should result in the protection of the public from the harmful effects of 
excessive radiation and that fees are set in sufficient amounts to cover the 
cost of regulation and enforcement. There may be economic costs to small and 
large businesses which employ radiologic technologists if the businesses pay the 
certification fees for employees. The cost to businesses which operate limited 
curriculum education programs is expected to be an estimated additional cost of 
$500 per year to meet the minimum standards. The anticipated economic cost to 
individuals who are required to comply with the sections proposed will be the 
fee amendments as set out in sec.143.4 relating to fees. No effect on local 
employment is anticipated. 
 Comments on the proposal may be submitted to Donna Hardin, Program Director, 
Medical Radiologic Technologist Certification Program, Professional Licensing 
and Certification Division, Texas Department of Health, 1100 West 49th Street, 
Austin, Texas 78756-3183, (512) 834-6617. The amendments and new section are 
proposed under the Medical Radiologic Technologist Certification Act, Texas 
Civil Statutes, Article 4512m, sec.2.05(e) which provide the Texas Board of 
Health with the authority to adopt rules necessary to implement the Act and the 
Texas Health and Safety Code  s12.001, which provides the Texas Board of Health 
with the authority to adopt rules for the performance of every duty imposed by 
law on the Texas Board of Health, Texas Department of Health and the 
commissioner of health. 
 The amendments, new section affect the Medical Radiologic Technologist 
Certification Act, Texas Civil Statutes, Article 4512m. 
 
 
  sec.143.2. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise. 
   
   [CAHEA-Committee on Allied Health Education and Accreditation of the American 
Medical Association.] 
   
   [Independent sponsor -An individual or group of individuals that offers or 
intends to offer a course of study in medical radiologic technology provided 
however that the individual or group is not employed in the capacity of 
instructor by a sponsoring institution.] 
   
   <nl>JRCENMT-The Joint Review Committee on Education in Nuclear Medicine 
Technology and its successor organizations. 
   
   <nl>JRCERT-The Joint Review Committee on Education in Radiologic Technology 
and its successor organizations. 
   
   Radiologic procedure -Any procedure or article intended for use in the 
diagnosis of disease or other medical or dental conditions in humans (including 
diagnostic x-rays or nuclear medicine procedures) or the cure, mitigation, 
treatment, or prevention of disease in humans that achieves its intended purpose 
through the emission of <nl>ionizing <ol> radiation. 
 
   
  sec.143.4. Fees. 
 
  (a) (No change.) 
   
  (b) The schedule of fees [for general or limited certification as a medical 
radiologic technologist] is as follows: 
 
  [(1) application processing fee -$20]; 
   
  <nl>(1)<ol>[(2)] certification fee-$75 [$30 (prorated at $2.50 per month);] 
   
  <nl>(2)<ol>[(3)] biennial  <nl>certificate<ol> renewal fee -<nl>$40<ol> [$30]; 
   
  <nl>(3)<ol>[(4)] one to 90-day late renewal fee -$25 (plus all unpaid renewal 
fees when the certificate is renewed within 90 days of expiration); 
   
  <nl>(4)<ol>[(5)] 91-day to one year late renewal fee-$50 (plus all unpaid 
renewal fees when the certificate is renewed more than 90 days after expiration 
but not more than one year after expiration); [and] 
   
  <nl>(5) <ol>[(6)] certificate and/or identification card replacement <nl>or 
duplicate<ol> fee -<nl>$20;<ol> [$10.] 
   
  <nl>(6) general certificate to limited certificate conversion fee-$20; 
     
  [(c) The schedule of fees for a temporary certificate, general or limited, as 
a medical radiologic technologist is as follows:] 
 
  <nl>(7)<ol>[(1)] combination application processing and] temporary certificate 
fee-$25; [and] 
   
  <nl>(8)<ol>[(2)] temporary certificate and/or identification card replacement 
<nl>or duplicate<ol> fee -<nl>$20;<ol> [$10.] 
     
  [(d) The schedule of examination fees is as follows.] 
 
  <nl>(9)<ol>[(1)] The general examination fee <nl>-$25; <ol> [is $25.] 
   
  <nl>(10)  alternate eligibility fee-$150; 
   
  [(2) The limited examinations fees are by category as follows:] 
   
  <nl>(11)<ol>[(A)] dental  <nl>examination fee  -$25 (which shall be paid 
directly to Dental Assisting National Board (DANB)); 
   
  <nl>(12)<ol>[(B)] chiropractic <nl>examination fee  -$25; [and] 
   
  <nl>(13)<ol>[(C)] skull, chest, spine, extremities or podiatric 
<nl>examination fee  -$25 for the first examination and $20 for each additional 
examination taken on the same day<nl>; <ol>[.] 
   
  [(3) If American Registry of Radiologic Technologists (ARRT), Nuclear Medicine 
Technology Certification Board (NMTCB), or American Chiropractic Registry of 
Radiologic Technologists (ARCRT) has approved a person as exam eligible, that 
person shall be considered an examinee of that agency or organization and shall 
not be required to pay an examination fee to the department.] 
   
  <nl>(14)<ol>[(e) The fees for] <nl>upgrade of<ol> [upgrading] a temporary 
certificate to a renewable certificate, limited or general <nl>- $42 (prorated 
at $3.50 per month);<ol> [, will be $30 (prorated at $2.50 per month).] 
   
  <nl>(15)<ol>[(f) The] limited instructor approval fee  <nl>-$50;<ol> [will be 
$15.] 
   
  <nl>(16)<ol>[(g) The] limited curriculum application <nl>fee -$750;<ol> 
[approval fees are as follows:] 
   
  [(1) institutional or independent sponsor-$100 per year per course of study; 
and] 
   
  <nl>(17)<ol>[(2)] site visit <nl>fee-<ol> [(if required)-a fee equal to the 
round trip travel expenses including meals and lodging of the inspection 
committee members, not to exceed] $1,000<nl>;<ol>[.] 
   
  <nl>(18) annual limited instructor renewal fee-$50; 
   
  <nl>(19) annual limited curriculum renewal fee-$250; and 
   
  <nl>(20) program director change fee-$20. 
 
       
  sec.143.9. Standards for the Approval of Curricula and Instructors. 
 
  (a) Purpose. The purpose of this section is to establish the minimum standards 
for approval of curricula, programs, and instructors to train individuals to 
perform radiologic procedures and to qualify for the general or limited 
certificates, or both. All curricula and programs shall primarily provide 
educational and training opportunities for the student(s) rather than primarily 
provide service to the sponsor or its patients or clients. 
   
  (b)  General certificate programs. All curricula and programs to train 
individuals to perform radiologic procedures must be accredited by JRCERT or 
JRCENMT. 
   
  (c) Limited certificate programs. All curricula and programs to train 
individuals to perform limited radiologic procedures must either: 
 
  (1) be accredited by JRCERT to offer a limited curriculum in radiologic 
technology, the Commission on Dental Accreditation of the American Dental 
Association or the Chiropractic Council on Education; or 
   
  (2)  be approved by the department, with the advice of the Program and 
Instructor Approval Committee of the advisory board, and be offered within the 
geographic limits of the State of Texas. 
     
  (d) Application procedures for limited certificate programs. An application 
shall be submitted to the department at least 90 days prior to the proposed 
starting date of the program to be offered. Official application forms are 
available from the department and must be completed and signed by the program 
director who must be an instructor approved under this section. The program 
director shall be an active participant in the application process. 
 
  (1) All official application forms must be notarized and shall be accompanied 
by the application fee in accordance with sec.143.4 of this title (relating to 
Fees). 
   
  (2) An original and five copies of the entire application and supporting 
documentation must be submitted in three-ring binders with all pages clearly 
legible and consecutively numbered. Each application binder must contain a table 
of contents and must be divided with tabs identified to correspond with the 
items listed in this section. If any item is inapplicable, a page shall be 
included behind the tab for that item with a statement explaining the 
inapplicability. 
   
  (3) Narrative materials must be typed, double-spaced, and clearly legible. The 
narrative shall not exceed 100 pages. Exhibits should be representative samples 
of documents, course outlines and syllabi rather than the entire master plan. 
   
  (4) All signatures on the official forms and supporting documentation must be 
originals. Photocopied signatures will not be accepted. 
   
  (5) A notice will be mailed to the applicant informing the applicant of the 
completeness or deficiencies within 21 days of receipt of the application in the 
department. Applications which are received incomplete may cause postponement of 
the proposed program starting date. The time of receipt of the last item 
necessary to complete the application to the date of issuance of written notice 
which provisionally approves, approves or proposes denial of the application is 
120 days. In the event these time periods are exceeded, the applicant has the 
right to request reimbursement of fees, as set out in sec.143.6(f)(2) and (3) of 
this title (relating to Application Requirements and Procedures). 
   
  (6) If the application is amended, revised or supplemented the applicant shall 
submit an original and five copies of a transmittal letter plus an original and 
five copies of the revision or supplement. If information is to be revised, a 
complete new page must be submitted with the changed item or information clearly 
marked on six copies. 
   
  (7) The application shall include: 
 
  (A) the full and correct name of the program; 
   
  (B) the name of the program director who meets the minimum qualifications as 
set out in subsection (i) of this section; 
   
  (C) the anticipated dates of the program; 
   
  (D) the daily hours of the program; 
   
  (E) the location, mailing address, phone and facsimile numbers of the program; 
   
  (F) a list of instructors approved under this section and the names of any 
person(s) responsible for the conduct of the program including management and 
administrative personnel. The list must indicate what courses each instructor 
will teach or instruct and the area(s) of responsibility for non-instructional 
staff; 
   
  (G) a letter from the Radiation Safety Officer (RSO) which includes an 
acknowledgement of the appointment as RSO for the program with information 
concerning the qualifications, the mailing address and daytime phone number of 
the RSO; 
   
  (H) clearly defined and written policies regarding admissions, withdrawals, 
costs, refunds, attendance, disciplinary actions, dismissals, re-entrance, 
academic credit, graduation requirements, due process and appeal mechanisms 
which shall be provided to all prospective students prior to enrollment; 
   
  (I) a letter from a practitioner who is knowledgeable in radiation safety and 
protection which includes an acknowledgement of the appointment as the medical 
advisor. The medical advisor shall work in consultation with the program 
director in developing program goals and objectives and in implementing and 
assuring standards for achievement; 
   
  (J) an agreement that the program will comply with the TRCR including, but not 
limited to, providing personnel monitoring devices for each student upon 
enrollment and through graduation, withdrawal or dismissal. The program director 
is responsible for demonstrating compliance to the department; 
   
  (K) the correct number of students to be enrolled in each cycle of the 
program, and if more than one cycle will be offered concurrently, the maximum 
number of students to be enrolled at any one time; 
   
  (L) the type of curriculum according to the limited categories in accordance 
with sec.143.7(f) of this title (relating to Types of Certificates and Applicant 
Eligibility). Each application must be accompanied by an outline of the 
curriculum and course content which clearly indicates that students must 
complete a structured curriculum in proper sequence according to subsection (f) 
of this section; and 
   
  (M) a letter or other documentation from the Texas Education Agency, 
Proprietary Schools Section (or its successor organization), indicating that the 
proposed program has complied with or been granted exempt status under the Texas 
Proprietary School Act, Texas Education Code, Chapter 32 and 19 Texas 
Administrative Code, Chapter 175. 
       
  (e) Admission requirements. The requirements for admission to the program 
shall include the minimum eligibility requirements for certification in 
accordance with sec.143.7(d) (1-3) of this title. 
   
  (f)  Curricula requirements. Each student must successfully complete a 
curriculum of not less than 16 weeks and not more than 32 weeks which meets or 
exceeds the following requirements: 
 
  (1) at least 132 clock hours of live, inter-active classroom instruction in 
the categories of skull, chest, extremities, spine, dental, or chiropractic. Not 
less than 72 clock hours of classroom instruction is required for the podiatric 
category. The required clock hours of classroom instruction need not be repeated 
if two or more categories of curriculum are completed simultaneously or to add a 
category to a temporary limited or limited certificate provided; however, a 
person who received a limited certificate on the basis of at least one year of 
experience performing radiologic procedures before September 1, 1987, must 
complete the required clock hours of basic theory/classroom instruction in order 
to add a category to the temporary limited or limited certificate. The following 
subject areas and minimum number of hours (in parentheses) must be included in 
all programs and must be directed by an instructor approved under this section. 
A program which exceeds the required curriculum shall comply with 19 Texas 
Administrative Code, Chapter 175. The clock hours and sequencing shall be: 
 
  (A) medical terminology (6); 
   
  (B) medical ethics and law (6); 
   
  (C) radiation protection for the patient, self and others (40); 
   
  (D) radiographic equipment including safety standards, operation and 
maintenance (15); 
   
  (E) image production and evaluation (35); 
   
  (F)  applied human anatomy and radiologic procedures (20); and 
   
  (G)  patient care and management essential to radiologic procedures and 
recognition of emergency patient conditions and initiation of first aid (10); 
and 
     
  (2) a clinical practicum for each category of limited curriculum is required. 
The practicum shall include clinical instruction under the instruction and 
direction of an instructor approved under this section and clinical experience 
under the instruction or direction of a practitioner or MRT in accordance with 
the following chart: 
       
   FIGURE 1: 25 TAC sec.143.9(f)(2) 
 
  (A) the clinical instruction shall be concurrent with the classroom 
instruction and shall not begin before the classroom instruction has begun. 
Classroom instruction and clinical instruction must be completed before the 
clinical experience begins; 
   
  (B) the clinical experience shall commence immediately following the clinical 
instruction and be completed within 180 days of the starting date of the 
clinical experience; 
   
  (C)  for each category, the clinical experience must include a minimum of 15 
radiologic procedures correctly and independently performed. Only one student 
shall receive credit for any one radiologic procedure performed. The 15 skull 
procedures shall include at least one view of the posterior/anterior skull, 
anterior/posterior skull, lateral skull, occipital skull, paranasal sinuses and 
the facial bones. At least two procedures must be of the mandible; and 
   
  (D) written documentation certified by the program director shall be provided 
to each student within 14 days of completion of the clinical practicum. Students 
who successfully complete the clinical practicum may be required to submit such 
documentation to the department if applying for a temporary limited certificate 
with an expected graduation statement, as set out in sec.143.6(c)(2)(B)(ii) of 
this title. 
   
  (g) Clinical facilities. Clinical facilities shall provide students with an 
ample variety and volume of limited radiologic procedures for competency 
achievement. A list of clinical facilities and letters of agreement from 
clinical facilities signed by the program director and the chief executive 
officer(s) of each facility shall be submitted with the application. The 
agreement for each facility shall include: 
 
  (1) a provision limiting the number of students at each facility at any one 
time to the lesser of the number of supervising MRTs or the number of radiation 
producing machines; 
   
  (2) an acknowledgement that the students shall not perform procedures 
utilizing contrast media, mammography, computerized tomography, fluoroscopy, 
nuclear medicine, radiation therapy or other procedures beyond the limited 
curriculum; 
   
  (3) the number and types (name brands, manufacture dates and model numbers) of 
radiologic equipment to be utilized in the limited curriculum; 
   
  (4) a copy of the current registration(s) for the radiologic equipment from 
the Texas Department of Health, Bureau of Radiation Control; 
   
  (5) the number and location(s) of examination rooms available; 
   
  (6) the names of the MRTs who will supervise students; 
   
  (7) the name of the RSO and a notarized copy of the most recent report from a 
licensed medical physicist; and 
   
  (8)  whether or not the clinical facility is accredited by the JCAHO or 
certified to participate in the federal Medicare program, and if required, is 
licensed by the appropriate statutory authority. For example, if the facility is 
an ambulatory surgical center, licensure by the department is required. 
     
  (h) General agreements. In making application to the department, the program 
shall agree in writing to: 
 
  (1) provide a ratio of not more than one student to one full-time MRT engaged 
in the supervision of the students in the clinical environment; 
   
  (2) provide a maximum student-teacher ratio for the classroom instruction of 
25 to 1; 
   
  (3)  prohibit any students from being assigned to any situation where they 
would be required to apply radiation to a human being while not under the 
instruction or direction of a practitioner; 
   
  (4) prohibit intentional exposure to human beings from any source of radiation 
except for medically prescribed diagnostic purposes; 
   
  (5) collect no fees and not operate or advertise the program until the 
department has granted provisional approval; 
   
  (6) provide appropriate facilities, sufficient volume of procedures, and a 
variety of diagnostic radiologic procedures. Facilities, agencies, or 
organizations utilized in the program shall be accredited or certified and 
licensed by the appropriate agencies. Equipment and radioactive materials 
utilized in the program shall be used only in facilities registered or licensed 
by the Texas Department of Health, Bureau of Radiation Control; 
   
  (7) keep an accurate record of each student's attendance and participation, 
evaluation instruments and grades, clinical experience including radiation 
exposure history, and subjects completed for not less than five years from the 
last date of the student's attendance. Such records shall be made available to 
students, graduates, examining boards, regulatory agencies, and other 
appropriate organizations, if requested; 
   
  (8)  issue to each student, upon successful completion of the program, a 
written statement in the form of a diploma or certificate of completion, which 
shall include the program's name, the student's name, the date of completion, 
the categories of instruction, and the signatures of the program director and 
medical advisor; 
   
  (9) permit site visits and complaint investigations by departmental 
representatives to determine compliance and conformance with the provisions of 
this section; 
   
  (10) understand and recognize that the graduates' success rate on the 
prescribed examination for all categories of limited curriculum will be 
monitored by the department and used as a criteria for rescinding approval. The 
department may rescind approval if examination passing rates fall below 75% or 
in accordance with sec.143.14 of this title (relating to Violations and 
Subsequent Actions); and 
   
  (11)  remit to the department appropriate fees for the application, instructor 
approval and site visits in accordance with sec.143.4 of this title. 
     
  (i)  Program approval. 
 
  (1) Provisional approval. After the department determines that the application 
is complete, provisional approval may be granted. The program shall be notified 
in writing by the department. The effective date of the letter of provisional 
approval shall be the date the letter is issued. Provisional approval shall 
expire 120 days after the date the letter is issued or upon full approval of the 
program, whichever occurs first. 
   
  (2) Site visit. 
 
  (A) One or more site visits shall be necessary before full approval may be 
granted. 
   
  (B) Submission of a site visit fee is required in accordance with sec.143.4 of 
this title within 30 days of the initial site visit. 
   
  (C) The program shall be notified in writing of the report of the site visit 
team. 
   
  (D) The program director will be given 30 days to comment in writing on the 
report of the site visit team and to correct factual errors. 
   
  (E) The department may extend the provisional approval for up to 120 days if 
it is determined during the site visit that the program is making sufficient 
progress towards compliance with this section. 
   
  (F) A site visit may be performed by the department at any time to determine 
the program's status. 
     
  (3)  Full approval. After a site visit has been made and if the department 
determines that the program is in compliance with this section and conducts the 
program in accordance with the application submitted, a letter of full approval 
shall be issued. The approval shall be for one year and shall be renewed in 
accordance with subsection (q) of this section. 
   
  (4) Denial of program approval. 
 
  (A) If the application is incomplete or not submitted as set out in this 
section or if the site visit findings indicate that the program is not in 
compliance with this section and/or is not conducted in accordance with the 
application submitted, the department shall propose denial of the application. 
   
  (B) The program shall be notified within 42 days of the status of the 
application, including the deficiencies noted. 
   
  (C) If approval is proposed to be denied, the program director shall be 
notified in writing of the proposed denial and shall be given an opportunity to 
request a formal hearing within ten days of the receipt of the written notice 
from the department. The formal hearing shall be conducted according to the 
department's formal hearing procedures in Chapter 1 of this title (relating to 
Texas Board of Health). If no hearing is requested by the deadline, the right to 
a hearing is waived and the proposed action shall be taken. 
       
  (j) Program director for limited curriculum program. A person who will serve 
as program director in limited curriculum programs shall: 
 
  (1) be approved as a limited instructor under this section; 
   
  (2)  be responsible for the administration of the program and shall be the 
primary contact person when communicating with the department; 
   
  (3) be responsible for the curriculum, the organization and scheduling of 
classes and clinical practicum, the administration, periodic review, continued 
development, and general effectiveness of the program. The program director 
shall be responsible for evaluating and assuring clinical education 
effectiveness through a schedule of regular visits to the clinical facilities. 
These responsibilities shall not be adversely affected by educationally 
unrelated functions; 
   
  (4) be responsible for the maintenance and availability of facilities and 
records; and 
   
  (5) maintain current knowledge of imaging techniques and educational 
methodology through continuing professional development. 
     
  (k) Instructors for limited certificate programs. 
 
  (1) All persons who plan to or who provide instruction and training in the 
limited certificate programs shall: 
 
  (A) submit a completed application form prescribed by the department within 
ten calendar days of employment as a limited curriculum instructor or program 
director; 
   
  (B)  submit with the application form the prescribed application fee in 
accordance with sec.143.4 of this title; and 
   
  (C) document the appropriate instructor qualifications in accordance with 
subsection (l) of this section. 
     
  (2) Guest lecturers who are not employees of the program are not required to 
apply for instructor approval. Guest lecturers shall be licensed or certified in 
the medical field in which they are lecturing. A guest lecturer may not lecture 
for more than 12 clock hours during each cycle of a program. 
   
  (3) Within 21 days of receipt of the application in the department, a notice 
will be mailed to an applicant informing the applicant of the completeness or 
deficiency of the application. The time of receipt of the last item necessary to 
complete the application to the date of issuance of a written notice approving 
or denying the application is 42 days. In the event these time periods are 
exceeded, the applicant has the right to request reimbursement of the fee paid 
as set out in sec.143.6(f)(2) and (3) of this title. 
   
  (4) The department shall issue a letter of approval to a person who has 
complied with this subsection. The approval shall be for one year and shall be 
renewed in accordance with subsection (r) of this section. 
   
  (5) An applicant who is not approved by the department shall be given an 
opportunity to request a formal hearing within 10 days of the applicant's 
receipt of the written notice from the department. The formal hearing shall be 
conducted according to the department's formal hearing procedures in Chapter 1 
of this title. If no hearing is requested by the deadline, the right to a 
hearing is waived and the proposed action shall be taken. 
     
  (l) Instructor qualifications for limited certificate programs. An instructor 
shall: 
 
  (1) have the equivalent of at least two years of full-time experience teaching 
during the seven years immediately preceding application for instructor 
approval. The subjects taught must match the subjects to be taught in the 
limited certificate curriculum. Teaching experience in a program which has not 
been approved by the department or by an accrediting agency as described in 
subsections (b) or (c) of this section will not be considered as qualifying 
experience. The department may consider and determine as acceptable other 
appropriate professional experience, teaching experience or education for which 
college credit was earned by the applicant; 
   
  (2) also be: 
 
  (A) a currently certified MRT who is also currently credentialed as a 
radiographer by the ARRT and who has the equivalent of three years of full-time 
professional experience as a radiographer; 
   
  (B) a currently certified MRT who has the equivalent of five years of full-
time professional experience as a radiographer; or 
   
  (C)  a practitioner who is in good standing with all appropriate regulatory 
agencies including, but not limited to, the department, the BCE, the BDE, the 
BME, or the BPE, the Texas Department of Human Services, the United States 
Department of Health and Human Services, and who has the equivalent of three 
years of full time professional experience as a practitioner; and 
     
  (3)  meet the standards required by the program. 
     
  (m) Amendments or changes. Changes in curriculum, program director, 
instructors, and location of a program shall not be implemented until the 
department has received notification of the proposed changes. The applicant 
shall submit an original and five copies of the proposed changes. The department 
may determine that the proposed changes needs clarification or that the proposed 
change(s) does not comply with this section. 
   
  (n) Additional programs or branches. A new application must be submitted for 
each location. A program which acquires additional classroom facilities for 
instructional services within a one mile radius of the main campus and is 
dependent on the main campus for administration, supervision, fiscal control, or 
student services is exempt from this subsection. 
   
  (o) Change of ownership. 
 
  (1) A person who purchases a program or to whom ownership of a program is 
transferred shall comply with all the requirements for securing an original 
approval. The new owner shall be responsible for all refund liabilities. 
   
  (2) The department shall be notified in writing within 10 days of a change in 
ownership. The notification shall include a copy of the sales contract(s), 
bill(s) of sale, deed(s), and all other instruments necessary to transfer 
ownership. 
     
  (p) Revocation of approval for programs and instructors. 
 
  (1)  Approval of a program or an instructor may be proposed for recision by 
the department, if the program or instructor violates the Act or this Chapter or 
any applicable rule for proprietary schools as set out in 19 Texas 
Administrative Code, Chapter 175, or this section. 
   
  (2) If program approval is proposed to be rescinded, the program director 
shall be notified in writing of the proposed recision and shall be given an 
opportunity to request a formal hearing within 10 days of the receipt of the 
written notice from the department. 
   
  (3) If instructor approval is proposed for recision, the instructor shall be 
notified in writing of the proposed recision and shall be given an opportunity 
to request a formal hearing within 10 days of the receipt of the written notice 
from the department. 
   
  (4) The hearing shall be conducted according to the department's formal 
hearing procedures in Chapter 1 of this title. If no hearing is requested by the 
deadline, the right to hearing is waived and the proposed action shall be taken. 
     
  (q) Renewal of limited curriculum program approval. Program approval shall be 
renewed annually. A complete application for renewal of program approval shall 
consist of the following: 
 
  (1) the renewal fee specified in sec.143.4 of this section; 
   
  (2) the completed renewal application form; and 
   
  (3) any other revisions or evidence of which the program has promised to 
provide or has been notified in writing to provide to the department to bring 
the program's application for approval to a current and accurate status. 
     
  (r) Renewal of limited instructor approval. Instructor approval shall be 
renewed annually. A complete application for renewal of instructor approval 
shall consist of the following: 
 
  (1)  the renewal fee specified in sec.143.4 of this section; 
   
  (2) the completed renewal application form; and 
   
  (3) any other revisions or evidence of which the instructor has promised to 
provide or has been notified in writing to provide to the department to bring 
the instructor's application for approval to a current and accurate status. 
     
  (s) Implementation dates. For programs which are already approved at the time 
of adoption of this section, compliance with subsections (d), (f), (j) and (k) 
shall be achieved by January 1, 1996. For all other subsections compliance must 
be achieved upon the effective date of this section. 
 
     
  sec.143.11. Continuing Education Requirements. 
 
  (a) (No change. ) 
   
  (b) General. Continuing education requirements for recertification shall be 
fulfilled during each biennial renewal period beginning on the first day of the 
month following each MRT's or LMRT's birth month and ending on the last day of 
each MRT's or LMRT's birth month two years hence. 
 
  (1) (No change.) 
   
  (2) An MRT must complete 24 contact hours of continuing education acceptable 
to the department during each biennial renewal period. [A contact hour shall be 
defined as 50 minutes of attendance and participation.] 
   
  (3) An LMRT must complete 12 contact hours of continuing education acceptable 
to the department during each biennial renewal period. [A contact hour shall be 
defined as 50 minutes of attendance and participation.] The continuing education 
activities must be general radiation health and safety topics or <nl>related 
<ol> [germane] to the categories of limited certificate held. 
   
  (4) Each MRT or LMRT shall be notified of the continuing education 
requirements with the first biennial renewal <nl>certificate <ol> [notice] sent 
by the department. 
   
  (5)-(7) (No change.) 
   
  <nl>(8)  An MRT who holds a current and active annual credential card issued 
by the ARRT indicating that the MRT is in good standing and not on probation 
satisfies the continuing education requirement for renewal provided the hours 
accepted by the ARRT meet the requirements set out in subsection (c) of this 
section. The department may review documentation of the continuing education 
activities in accordance with subsection (f)(1) of this section. 
   
  <nl>(9)  A contact hour shall be defined as 50 minutes of attendance and 
participation. One-half contact hour shall be defined as 30 minutes of 
attendance and participation during a 30 minute period. 
   
  <nl>(10)<ol>[(8)]  Persons who hold temporary certificates, either general or 
limited, are not subject to these continuing education requirements. 
     
  (c) (No change.) 
   
  (d) Types of acceptable continuing education. Continuing education shall be 
acceptable if the experience or activity is at least 30 consecutive minutes in 
length and: 
 
  (1) (No change.) 
   
  (2) is offered for continuing education credit by an institution accredited by 
the <nl>JRCERT, JRCENMT, <ol> [Committee on Allied Health Education and 
Accreditation (CAHEA) or] the Commission on Dental Accreditation of the American 
Dental Association or the Council on Chiropractic Education (CCE) and is 
directly or indirectly related to the disciplines of radiologic technology; or 
   
  (3) is an educational activity which meets the following criteria: 
 
  (A) the content <nl>meets the requirements set out in subsection 
       
  (c) of this section<ol> [applies directly or indirectly to the disciplines of 
radiologic technology or is specific to the category of the limited certificate 
held by the LMRT]; and 
 
  (B) (No change.) 
     
  (e)  Additional acceptable activities. The additional activities for which 
continuing education credit will be awarded are as follows: 
 
  (1) (No change.) 
   
  (2) attendance and participation in <nl>tumor conferences,<ol> in] service 
education and training offered or sponsored by Joint Commission on Accreditation 
of Healthcare Organizations (JCAHO)-accredited or Medicare certified hospitals, 
provided the education/training is properly documented and is related to the 
profession of radiologic technology; 
   
  (3)  teaching in a program described in subsection (d) of this section 
<nl>with a limit of<ol> [which shall be limited to] one contact hour of credit 
for each hour of instruction per topic item once during the continuing education 
period for up to a total of five hours. <nl>Credit may be granted in direct, 
indirect or non-ionizing radiation based on the topic<ol>; or 
   
  (4) developing and publishing a manuscript <nl>of at least 1,000 words in 
length<ol> related to radiologic technology  <nl>with a limit of<ol> [which 
shall be limited to] five contact hours of credit during a continuing education 
period. Upon audit by the department the MRT must submit a letter from the 
publisher indicating acceptance of the manuscript for publication or a copy of 
the published work. <nl>The date of publication will determine the continuing 
education period for which credit will be granted. Credit may be granted in 
direct, indirect or non-ionizing radiation based on the topic. 
     
  (f) Reporting of continuing education. Each MRT or LMRT is responsible for and 
shall complete and file with the department at the time of renewal <nl>or to be 
considered for renewal when in an extension,<ol> a continuing education report 
form approved by the department <nl>listing the title, date and number of hours 
<ol> for each activity for which credit is claimed. <nl>In the alternative, a 
technologist may request an exemption as set out in subsection (j) of this 
section or may submit a copy of the technologist's current and active annual 
ARRT credential card indicating that the technologist is in good standing and 
not on probation with a signed statement that the technologist completed during 
the renewal period at least 12 clock hours of continuing education directly 
related to the performance of a procedure utilizing ionizing radiation for 
medical purposes. 
 
  (1)  Following each renewal month <nl>or at other times determined by the 
department<ol>, the department will select a random sample [from the list] of 
technologists [renewing that month] to verify compliance with the continuing 
education requirements. The technologists selected in the random sample shall 
submit within 30 days following notification from the department: 
 
  (A)-(B)  (No change.) 
     
  (2)-(3) (No change.) 
     
  (g) Determination of contact hour credits. The department shall credit 
continuing education experiences and activities as follows. 
 
  (1) (No change.) 
   
  (2)  Activities or experiences as set out in subsection (d)(2) and (3) of this 
section shall be credited on a one-for-one basis with one contact hour credit 
for each contact hour of attendance and participation. <nl>Credit will be 
accepted only in whole hour or half-hour increments. Minutes in excess of whole 
or half-hour increments shall not be aggregated for additional credit. 
     
  (h) Activities unacceptable as continuing education. The department shall not 
grant credit for: 
 
  (1)-(4) (No change.) 
   
  (5)  verifiable independent study activities <nl>as set out in subsection (b) 
(6) of this section <ol> which exceed 50% of the clock hour requirements [as set 
out in subsection (b)(2) and (3) of this section]; 
   
  (6) learning activities indirectly related to radiologic technology <nl>as set 
out in subsection (c)(3) of this section<ol> which exceed 50% of the contact 
hour requirement [as set out in subsection (c)(3) of this section]; 
   
  (7) learning activities which are related to non-ionizing forms of radiation 
<nl>as set out in subsection (c)(2) of this section which exceed <ol> [in excess 
of the] 50% of the contact hour requirements [as set out in subsection (b)(2) 
and (3) of this section]; 
   
  (8) any activities or experiences which do not meet the criteria set out in 
subsection <nl>(b), (c), <ol> (d) or (e) of this section; 
   
  (9)-(11) (No change.) 
     
  (i)  Failure to complete the required continuing education. 
 
  (1)-(3)  (No change.) 
   
  (4) The person may renew late under sec.143.10(f) of this title <nl>after all 
the continuing education requirements have been met. A person who renews late is 
not eligible for a 120-day extension<ol>. 
     
  (j) -(k) (No change.) 
   
  <nl>(l) Record keeping. An MRT or LMRT shall be responsible for keeping, for a 
period of not less than two years, accurate and complete documentation or other 
records of continuing education reported to the department. An MRT or LMRT shall 
submit documentation of attendance and participation in continuing education 
activities upon written request by the department. 
 
     
  sec.143.15. Alternate Eligibility Requirements. 
 
  (a) This section applies to individuals applying for general certification who 
have not met the requirements set out in sec.143.7 of this title (relating to 
Types of Certificates and Applicant Eligibility) but who have completed 
education, training and clinical experience which is equivalent to that of a 
<nl>JRCERT-<ol> [CAHEA-] accredited educational program in radiography. 
   
  (b) An applicant who meets the alternate eligibility requirements is eligible 
to be examined for the general certificate. <nl>An applicant will be allowed 
three attempts to pass the certification examination. The three attempts must be 
made within a three year period of time. When either three unsuccessful attempts 
have been made or three years have expired, the individual is no longer 
considered eligible under this section.<ol> Upon the applicant's successful 
completion of the examination, the department shall issue an approval letter for 
the general certificate. 
   
  <nl>(c) In addition to meeting the minimum eligibility requirements set out in 
sec.143.7(c) (1)-(5) of this title (relating to Types of Certificates and 
Applicant Eligibility), an individual must submit the following items to be 
considered eligible for the general examination: 
 
  <nl>(1) a satisfactorily completed application on the forms prescribed by the 
department; 
   
  <nl>(2)  official transcripts or other certified documents which indicate 
successful completion of coursework specified in subsection <nl>(d)<ol>[(c)] of 
this section which are accompanied by a list which has been typed or legibly 
printed in English identifying each transcript or document, the sponsor or 
sponsoring institution for each course, workshop, symposium or seminar, and the 
inclusive dates of each learning activity; 
   
  <nl>(3)  proof of successful completion, within the eight year period prior to 
application to the department, of supervised clinical practice experience in 
radiologic technology as specified in subsection <nl>(e)<ol>[(d)] of this 
section; [and] 
   
  <nl>(4) a complete resume which has been typed or legibly printed in English 
of all education, training, and work experience in the field of radiologic 
technology giving specific dates, locations, names and qualifications of 
supervisors and instructors; and 
   
  <nl>(5)  certified copies of course catalogs and other documentation as may be 
required by the department to determine an applicant's eligibility under this 
section. Documents printed in a foreign language must be accompanied by an 
English translation. 
     
  <nl>(d)<ol>[(c)] The required coursework must consist of instructor-directed 
learning activities or classroom instruction in the following subject areas for 
not less than the number of clock-hours specified: 
 
  <nl>(1) principles of radiation biology and radiation protection-40 hours; 
   
  <nl>(2) human anatomy and physiology-45 hours; 
   
  <nl>(3) radiographic procedures and principles of radiographic exposure-60 
hours; 
   
  <nl>(4) radiographic film processing-5 hours; and 
   
  <nl>(5) introduction to radiography, medical ethics and law, medical 
terminology, methods of patient care and management essential to radiologic 
procedures, imaging equipment, evaluation of radiographs, radiation physics, 
radiographic pathology, introduction to quality in medical imaging, and an 
introduction to computer literacy as it applies to the medical radiologic 
technologist-150 hours, total. All subjects must be covered. 
     
  <nl>(e)<ol>[(d)] The required supervised clinical experience in medical 
radiologic technology shall consist of at least 2,000 clock-hours. Written 
verification of the experience must be provided on the forms prescribed by the 
department and must be signed by a physician and a supervising radiologic 
technologist who is either an ARRT registered technologist or certified by the 
department as a medical radiologic technologist. The experience must include the 
following: 
 
  <nl>(1) a sufficient and well-balanced variety of radiographic examinations 
and equipment; 
   
  <nl>(2) integration of the clinical experience with the coursework set out in 
subsection <nl>(d)<ol>[(c)] of this section; 
   
  <nl>(3) laboratory practicum for student demonstration and practice of 
essential skills, principles and procedures of image quality, image evaluation, 
quality assurance, and radiation safety and protection; and 
   
  <nl>(4) periodic evaluation of the student or trainee's knowledge, problem 
solving skills, and clinical competencies which shall include, but not be 
limited to, the following areas listed in subparagraphs (A)-(O) of this 
paragraph. Upon completetion of the 2,000 hours of clinical experience the 
student or traineed shall be able to: 
 
  <nl>(A) use oral and written medical communication; 
   
  <nl>(B) demonstrate knowledge of human structure, function and pathology; 
   
  <nl>(C) anticipate and provide basic patient care and comfort; 
   
  <nl>(D) apply principles of body mechanics; 
   
  <nl>(E) perform basic mathematical functions; 
   
  <nl>(F) operate radiographic imaging equipment and accessory devices in a safe 
and appropriate manner; 
   
  <nl>(G) position patients and radiographic imaging equipment to perform 
radiographic examination procedures; 
   
  <nl>(H) modify standard procedures to accommodate for patient condition and 
other variables of medical significance; 
   
  <nl>(I)  process radiographs; 
   
  <nl>(J) determine exposure factors to obtain diagnostic quality radiographs 
with minimum radiation exposure and adapt exposure factors for various patient 
conditions, equipment, accessories, and contrast media to maintain appropriate 
radiographic quality; 
   
  <nl>(K)  practice radiation protection for the patient, self, and others; 
   
  <nl>(L) recognize emergency patient conditions and initiate first aid and 
basic life-support procedures; 
   
  <nl>(M) evaluate radiographic images for appropriate positioning and image 
quality; 
   
  <nl>(N)  evaluate the performance of radiographic equipment, know the safe 
limits of operation, report malfunctions to the proper authority, and 
demonstrate knowledge and skills relating to quality assurance; and 
   
  <nl>(O)  exercise independent judgment and discretion in the technical 
performance of medical radiologic procedures. 
 
  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 February 28, 1995. 
 TRD-9502611 
  Susan K. Steeg 
 General Counsel 
 Texas Department of Health 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 458-7236 
         
                 Chapter 143. Medical Radiologic Technologists 
  
  25 TAC sec.143.9 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of Health or in the Texas Register office, Room 245, James Earl Rudder Building, 
1019 Brazos Street, Austin.) 
   
  The repeal is proposed under the Medical Radiologic Technologist Certification 
Act, Texas Civil Statutes, Article 4512m, sec.2.05(e), which provide the Texas 
Board of Health with the authority to adopt rules necessary to implement the Act 
and the Texas Health and Safety Code, sec.12.001, which provides the Texas Board 
of Health with the authority to adopt rules for the performance of every duty 
imposed by law on the Texas Board of Health, Texas Department of Health and the 
commissioner of health. 
 The repeal affects the Medical Radiologic Technologist Certification Act, Texas 
Civil Statutes, Article 4512m. 
 
 
  sec.143.9. Standards for Approval of Curricula and Instructors. 
 
  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 February 28, 1995. 
 TRD-9502612 
  Susan K. Steeg 
 General Counsel 
 Texas Department of Health 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 458-7236 
         
               
  TITLE 28. INSURANCE 
 Part I. Texas Department of Insurance 
  Chapter 1. General Administration 
  
  Subchapter J. Administrative Penalty Guidelines 
 
  28 TAC sec.sec.1.1101-1.1107 
 
  The Texas Department of Insurance proposes new sec.sec.1.1101-1.1107, 
concerning the recommendation and assessment of monetary administrative 
penalties. The new sections are necessary and essential for a fair, orderly, 
efficient and integral process by which the department considers, recommends and 
assesses the imposition of monetary penalties for violations of law or 
regulation for which payment of a penalty is an appropriate alternative to other 
legal action. The commissioner of insurance has considerable latitude to impose 
sanctions for violations of the Insurance Code or regulations of the department. 
Such sanctions include cancellation, revocation or suspension of licenses, 
permits or certificates of authority; orders to cease and desist from specified 
activities; restitution to individuals or entities harmed by the illegal acts; 
and monetary penalties. As permitted by the Insurance Code, more than one of 
these sanctions may be imposed for a single violation. The commissioner of 
insurance has determined that the best interests of the insurance consuming 
public, the insurers operating in the State, and the State of Texas would be 
served by the promulgation and adoption of penalty guidelines. The penalty 
guidelines in the proposed sections are intended only as guidelines and not as 
setting mandatory penalty amounts, so that the commissioner may consider any 
other matters that justice may require, as provided in the Code. The guidelines 
are intended to provide direction to the department and to the State Office of 
Administrative Hearings within the context of recommended and actual 
administrative penalties. They also are intended to provide notice to licensees 
and the general public about the types of violations the department believes 
warrant imposition of substantial penalties, as well as to create and maintain 
confidence in the integrity of the process by which monetary administrative 
penalties are recommended and assessed. Proposed new sec.1.1101 provides a 
statement of the purpose of the new sections. Proposed new sec.1.1102 sets out 
the scope and applicability of the proposed new sections. Proposed new 
sec.1.1103 sets out the statutory basis for imposition of penalties, explains 
the methodology employed in the development of the guidelines and their general 
application. Proposed new sec.1. 1104 identifies violations by type. Proposed 
new sec.1.1105 sets out aggravating factors in consideration of penalty amounts. 
Proposed new  s1. 1106 sets out mitigating factors in consideration of penalty 
amounts. Proposed new sec.1.1107 sets out other factors to be considered and 
provides for penalties outside the parameters of the guidelines if the interest 
of justice so requires. 
 Mary F. Keller, senior associate commissioner for the legal and compliance 
division, has determined that for the first five-year period the sections are in 
effect there will be no fiscal implications for state or local government as a 
result of enforcing or administering the sections. Ms. Keller also has 
determined that there will be no effect on local employment or the local 
economy. To the extent that the sections are statutorily derived, the 
enforcement and administration of the sections are revenue neutral. Any revenue 
impact associated with the application of the sections is the direct result of 
statutory provisions for the imposition of monetary penalties, not the 
promulgation and adoption of these sections. 
 Ms. Keller 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 the more fair, orderly, efficient and integral regulation 
of insurance licensees through the use of publicly disseminated, easy-to-
understand penalty guidelines utilized in the process of considering, 
recommending and assessing monetary administrative penalties. 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 must be submitted in writing within 30 days after 
publication of the proposal in the Texas Register to the Office of the Chief 
Clerk, P.O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy 
of the comment should be submitted to Mary Keller, Senior Associate 
Commissioner, Legal and Compliance, P.O. Box 149104, MC 110-1A, Austin, Texas 
78714-9104. A request for public hearing on the proposed sections should be 
submitted separately to the Office of the Chief Clerk. 
 The new sections are proposed under authority derived from provisions of the 
Insurance Code, Articles 1.10, 1.10E, and 1.03A. Article 1.10, sec.7(a)(3) 
provides that the commissioner can direct the holder or possessor of an 
authorization to do the business of insurance to pay an administrative penalty 
in accordance with Article 1.10E in lieu of having such authorization revoked or 
canceled. Article 1.10E provides that upon a determination that a violation has 
occurred, the department may issue to the commissioner a report stating the 
facts upon which the determination is based and a recommendation for imposition 
of a penalty including a recommendation on the amount of such penalty. Article 
1.03A authorizes the commissioner of insurance to promulgate and adopt rules and 
regulations for the conduct and execution of duties and functions by the 
department. 
 The proposed new sections affect regulation pursuant to the following statutes: 
Insurance Code, Article 1.10 and the Insurance Code, Article 1.10E. 
 
 
  sec.1.1101. Purpose. 
 
  (a) The purpose of this subchapter is to set guidelines for the determination 
of certain penalties to be assessed against licensees of the Texas Department of 
Insurance. 
   
  (b) The guidelines set out in this subchapter provide direction to both the 
Texas Department of Insurance and the State Office of Administrative Hearings 
for setting recommended and actual monetary administrative penalties. 
   
  (c) The guidelines set out in this subchapter provide notice to both the 
licensees of the Department and the general public about the types of violations 
the Department believes warrant imposition of penalties. 
 
     
  sec.1.1102. Scope and Applicability. 
 
  (a) Generally. The monetary penalty guideline provisions of this subchapter 
apply to all persons licensed by and/or subject to the regulatory authority of 
the Texas Department of Insurance, except as provided in subsection (b) of this 
section. 
   
  (b) Exceptions. The tier grouping provisions of sec.1.1104 of this subchapter 
and/or other monetary penalty guideline provisions of this subchapter do not 
apply to any violation of a cease-and-desist order, or to any activity 
constituting the unauthorized business of insurance, for the reasons specified 
in paragraphs (1) and (2) of this subsection. 
 
  (1) The Insurance Code, Article 1.10A, sec.4(d)(1) sets the amount of penalty 
for violation of a cease-and-desist order at $25,000 per violation. 
   
  (2) The Insurance Code, Article 1.14-1, sec.3(d) sets the penalty for engaging 
in unauthorized insurance at a maximum of $10,000 per act of violation and for 
each day of violation. 
     
  (c) Guidelines are not Limiting Factors. The penalty guidelines set forth in 
this subchapter apply only to monetary penalties, the assessment of which does 
not preclude the additional imposition of any other penalty permitted under 
authority of the Insurance Code. The guidelines are intended to provide an 
integral means by which monetary administrative penalties are considered, 
recommended and assessed. They are not intended to and do not constrain or limit 
the commissioner with respect to penalty amounts, so that the commissioner may 
consider any other matters that justice may require, as provided in the Code. 
 
     
  sec.1.1103. Imposition of Penalty and Amounts. 
 
  (a) Statutory Provisions. The Insurance Code, Article 1.10E, sec.3(a) provides 
that the monetary amount of an administrative penalty may range to a maximum of 
$25,000 per violation. Although the commissioner retains the discretion to 
assess any penalty within such statutory range, the guidelines set out in this 
subchapter relating to penalty assessment will be considered by the commissioner 
in actual assessment of penalty amounts. The guidelines are founded upon the 
statutory requirement that the Department consider the elements, factors and 
characteristics set out in Article 1.10E, sec.3(b), as reproduced in paragraphs 
(1)-(7) of this subsection as follows: 
 
  (1) Seriousness of the Violations; 
   
  (2) Economic Harm Caused by the Violations; 
   
  (3) History of Previous Violations; 
   
  (4) Amount Necessary to Deter Future Violations; 
   
  (5) Efforts to Correct the Violations; 
   
  (6) Whether the Violations were Intentional; and 
   
  (7) Other Matters that Justice May Require. 
     
  (b) Methodology. The methodology employed in constructing the penalty 
guidelines set out in this subchapter is set out in paragraphs (1)-(3) of this 
subsection. 
 
  (1) Tiers. The commissioner, using the statutory guidelines of Article 1.10E, 
primarily the "seriousness of the violations" guideline, has identified certain 
types of violations that warrant maximum penalties, and others that warrant less 
than maximum penalties. Those violations are identified by type and grouped in 
one of three tiers of violations having overlapping ranges for penalty dollar 
amount, as set out in sec.1.1104 of this title (relating to Identification of 
Violations by Type). 
   
  (2) Aggravating and Mitigating Factors. The commissioner also has identified 
certain factors which aggravate or mitigate the seriousness of particular 
violations and which ought to be considered in setting a penalty amount within a 
particular range. These factors are derived from the statutory guidelines 
relating to economic harm caused, history of previous violations, efforts to 
correct the violations, and whether the violations were intentional. Such 
factors are set out in detail in sec.1.1105 of this title (relating to 
Aggravating Factors in Consideration of Penalty Amount) and sec.1.1106 of this 
title (relating to Mitigating Factors in Consideration of Penalty Amount). 
   
  (3) Other factors. Within the guideline parameters, the commissioner also 
reserves the authority granted under law to consider particular characteristics 
of the licensee in determining the amount necessary to deter future violations. 
The commissioner also may consider other matters as justice may require in 
setting penalty amounts within or outside the guideline parameters. 
     
  (c) Application. In applying the monetary administrative penalty guidelines to 
particular instances, the essential procedure is to identify the violation by 
nature and character, the tier with which it is associated, any aggravating 
and/or mitigating factors which should be considered, and any necessary 
licensee-specific characteristics to be considered in determining an amount 
necessary to deter future violations, with a subsequent recommendation to the 
commissioner for official action. 
 
     
  sec.1.1104. Identification of Violations by Type. 
 
  (a) Generally. The violations to which this subchapter applies are generally 
identified by type, and are grouped into three tiers, as set out in subsections 
(b)-(d) of this section. The tiers are set out in descending order of determined 
severity, with overlapping ranges for penalty dollar amount. Tier 1 violations 
are the most serious of the types that are classified for purposes of this 
subchapter, and warrant the assessment of a per-violation penalty between 
$15,000 and $25,000. Tier 2 violations warrant assessment of a mid-range per-
violation penalty between $5,000 and $20,000. Tier 3 violations warrant 
assessment of a low-range per-violation penalty between $1,000 and $7, 500. 
Within each tier, violations are identified by type. For some of the violation 
types, the violations are further defined by illustrations. The inclusion of 
illustrative examples is for purposes of elucidation only. This section does 
not, and is not intended to, identify all possible violation types, nor all 
specific examples of a particular violation type. The absence of any violation 
type or specific instance of a violation from this section shall in no way be 
construed to indicate that such type or instance is not subject to the 
provisions of this subchapter. 
   
  (b) Tier 1 Violations. Violations in Tier 1, warranting a per-violation 
penalty between $15,000 and $25,000, are set out in paragraphs (1)-(6) of this 
subsection. 
 
  (1) Unlawful Discrimination. An example of unlawful discrimination is the use 
of prohibited underwriting guidelines. 
   
  (2) Misrepresentation of policy benefits. An example of this type of violation 
includes misrepresenting the benefits of a health insurance policy. 
   
  (3) Violations involving senior citizens. An example of this type of violation 
includes an activity targeting or primarily affecting senior citizens, such as 
misrepresentations in the sale of Medicare supplement policies. 
   
  (4) Breach of fiduciary duty. An example of this type of violation includes 
the instance of an HMO officer violating the duty imposed by the Insurance Code, 
Article 20A.08. 
   
  (5) Financial transactions by or with officers, directors and/or certain 
shareholders which are prohibited by law. An example of this type of violation 
includes the transacting of activities prohibited under the Insurance Code, 
Article 1.29. 
   
  (6) Representation of an insurance product as something other than insurance. 
An example of this violation includes a representation in the sale of life 
insurance that what is being sold or offered is something other than life 
insurance or that it possesses qualities which it does not have. 
     
  (c) Tier 2 Violations. Violations in Tier 2, warranting a per-violation 
penalty between $5,000 and $20,000, are set out in paragraphs (1)-(12) of this 
subsection. 
 
  (1) General misrepresentations. Examples of this type of violation include the 
failure to make required disclosures and the misrepresentation of a financing 
agreement. 
   
  (2) An unfair claims settlement practice. Examples of this type of violation 
include violations identified in the Insurance Code, Article 21.21-2, or in 28 
TAC sec.21.203 of this title (relating to Prohibited Practices). 
   
  (3) Failure to timely refund money owed to an insured as required by the 
Insurance Code. An example of this type of violation includes the failure by a 
premium finance company to refund money to an insured as required by the 
Insurance Code, Article 24.17(g). 
   
  (4) Failure to obtain prior department approval in writing on any matter for 
which approval would have not been granted had it been sought. An example of 
this type of violation includes the failure to submit a policy form or 
advertising piece prior to use when approval is required and would not have been 
granted had the item been submitted for approval. 
   
  (5) Removal of books and records without prior written approval. 
   
  (6) Failure to obtain required prior written approval for activities requiring 
such approval under the Insurance Code, Article 21.49-1, the Insurance Holding 
Company System Regulatory Act. An example of this type of violation includes the 
payment of a dividend without prior approval. 
   
  (7) Late filing of a tax return. 
   
  (8) Failure to timely provide or upon request to provide information the 
department requires in order to complete reporting required of it. Examples of 
this type of violation include the failure to file unit statistical data reports 
required by Article 5.58; the failure to file premium and loss reports under 
Article 5.01; or the failure to file quarterly liability insurance closed claim 
reports required by Article 1.24B. 
   
  (9) Failure to report. Examples of this type of violation include the failure 
to report changes of address or additional business addresses, or with respect 
to filing requirements that are ongoing, the failure to make a required filing 
before the next filing of that type is due. 
   
  (10) Second or subsequent failure to timely respond in writing to a department 
inquiry. 
   
  (11) Second or subsequent occurrence of late filing. Examples of this type of 
violation include the second or subsequent occurrence of a late filing of an 
annual statement by a licensee required to file such statements, an annual 
operations report by a licensee required to file such reports, or any other 
time-sensitive report. 
   
  (12) Any pattern of activity beyond a first or second violation indicating 
continued, ongoing or repeated commission of any Tier 3 Violations set out in 
subsection (d) of this section. 
     
  (d) Tier 3 Violations. Violations in Tier 3, warranting a per-violation 
penalty between $1,000 and $7,500, are set out in paragraphs (1)-(10) of this 
subsection. 
 
  (1) Failure to obtain prior department approval in writing on any matter for 
which approval would have been granted had it been sought. An example of this 
type of violation includes the failure to submit a policy form or advertising 
piece prior to use when approval is required and would have been granted had the 
item been submitted for approval. 
   
  (2) First failure to respond in writing to a department inquiry. An example of 
this type of violation includes a first failure to respond to a request for 
information pursuant to the Insurance Code, Article 1.24. 
   
  (3) Failure to provide required notice to an insured or beneficiary. An 
example of this type of violation includes the failure to provide required 
notice of judgment, or of termination of policies or agency contracts. 
   
  (4) First occurrence of late filing. Examples of this type of violation 
include the first occurrence of a late filing of an annual statement or other 
time-sensitive report. 
   
  (5) Unlawful payments. Examples of this type of violation include the payment 
of rebates by premium finance companies or unlawful commission splitting by 
agents. 
   
  (6) Failure to maintain an office. An example of this type of violation 
includes the failure of an agent to maintain a physical address in violation of 
Article 21.14. 
   
  (7) Failure of a carrier to use only appointed agents for placement of 
insurance business. 
   
  (8) Failure to provide statutorily or regulatorily required departmental 
notice prior to taking certain actions. An example of this type of violation 
includes the failure to provide notice to the department prior to redemption of 
a statutory deposit required by the Insurance Code. 
   
  (9) Failure or refusal to pay examination fees. 
   
  (10) Failure of any licensee to comply with all license-related requirements 
applicable to such licensee. Examples of this type of violation include the 
failure by a premium finance company to obtain an agreement from a county mutual 
company before funding, as provided in the Insurance Code, Article 24.22; the 
taking of incomplete agreements as addressed in Article 24. 19; the failure of a 
third-party-administrator to comply with requirements for written agreements in 
Article 21.07-6; the failure of an agent or adjuster to complete continuing 
education requirements of the Insurance Code, Articles 21. 07-1, 21.07-3, 21.07-
4 or 21.14. 
 
       
  sec.1.1105. Aggravating Factors in Consideration of Penalty Amount.  The 
factors set out in paragraphs (1)-(6) of this section will be considered in 
connection with assessment of monetary administrative penalties for violations 
identified in this subchapter. 
 
  (1) The violation continues after the Department has provided notice of the 
violation. 
   
  (2) The licensee or other violating entity has a history or an established 
pattern of committing the identified violation or other violations. 
   
  (3) In circumstances indicating restitution, less than full restitution is 
made. 
   
  (4) The violation was intentional or committed with reckless disregard for the 
interests of consumers. 
   
  (5) A large number of consumers have been adversely affected by the violation. 
   
  (6) If the violation is late reporting, the report or other required filing is 
more than 30 calendar days late. 
 
     
  sec.1.1106. Mitigating Factors in Consideration of Penalty Amount.  The 
factors set out in paragraphs (1)-(8) of this section will be considered in 
connection with assessment of monetary administrative penalties for violations 
identified in this subchapter. 
 
  (1) The licensee or other violating entity brings its violation to the 
attention of the Department. 
   
  (2) The licensee or other violating entity ceases the illegal activity 
voluntarily before notice by the Department. 
   
  (3) The licensee or other violating entity ceases the illegal activity 
voluntarily immediately upon notice by the Department. 
   
  (4) In instances indicating restitution, full restitution has been made. 
   
  (5) The violation resulted in no consumer harm. 
   
  (6) The violation resulted in no regulatory harm. 
   
  (7) The violation is unintentional and the licensee or other violating entity 
has instituted policies to prevent the violation from recurring. 
   
  (8) The licensee has no history or established pattern of violations. 
 
     
  sec.1.1107. Other Factors in the Penalty Assessment Process. 
 
  (a) Amount necessary to deter future violations. The commissioner, in 
assessing a penalty in an amount necessary to deter the licensee from committing 
future violations, may consider the licensee's assets and the amount of Texas 
net written premium, in addition to the factors identified in sec.1.1105 of this 
title (relating to Aggravating Factors in Consideration of Penalty Amount) and 
sec.1.1106 of this title (relating to Mitigating Factors in Consideration of 
Penalty Amount). 
   
  (b) Other factors as justice may require. The commissioner also may consider 
any other factors necessary to impose a just penalty and may assess a penalty 
outside the parameters set in these guidelines, if justice so requires. 
 
  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 March 1, 1995. 
 TRD-9502622 
  Alicia M. Fechtel 
 General Counsel and Chief Clerk 
 Texas Department of Insurance 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-6327 
         
                   
  TITLE 37. PUBLIC SAFETY AND CORRECTIONS 
 Part IX. Commission on Jail Standards 
  Chapter 253. Definitions 
  
  37 TAC sec.253.1 
 
  The Commission on Jail Standards proposes an amendment to sec.253.1, 
concerning Definitions to add a definition for Sheriff/Operator and to clarify 
the definition of guard station. 
 Jack E. Crump, 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. 
 Mr. Crump 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 to provide clear definitions of terms used in minimum jail 
standards. 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 Rhonda C. Long, P.O. Box 12985, 
Austin, Texas 78711, (512) 463-5505. 
 The amendment is proposed under the Government Code, Chapter 511, which 
provides the Texas Commission on Jail Standards with the authority to revise, 
amend, or change rules and procedures if necessary. 
 The statute affected by this rule is the Local Government Code, Chapter 351, 
sec.351.002 and sec.351.015. 
 
 
  sec.253.1. Definitions.  The following words and terms, when used in this 
section, shall have the following meanings, unless the context clearly indicates 
otherwise. 
   
   Guard Station-A designated space from which a <nl>corrections officer <ol> 
[guard] performs his/her functions. 
   
  <nl>   Sheriff/Operator-County sheriff, jail administrator, or a person 
authorized to act with their authority. 
 
  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 February 24, 1995. 
 TRD-9502500 
  Jack E. Crump 
 Executive Director 
 Commission on Jail Standards 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-5505 
         
           Chapter 259. New Construction Rules 
  
  The Commission on Jail Standards proposes amendment to  ssec.259.129, 259. 
324, and 259.424, concerning New Construction Rules to change the term medical 
services plan to make it consistent with other sections of standards. 
 Jack E. Crump, executive director, has determined that for the first five-year 
period the sections are in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the sections. 
 Mr. Crump 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 to provide consistent language in standards. 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 Rhonda C. Long, P.O. Box 12985, 
Austin, Texas 78711, (512) 463-5505. 
   
  New Jail Design, Construction and Furnishing Requirements 
 
  37 TAC sec.259.129 
 
  The amendment is proposed under the Government Code, Chapter 511, which 
provides the Texas Commission on Jail Standards with the authority to adopt 
reasonable rules and procedures establishing minimum standards for the 
construction, equipment, maintenance and operation of county jails. 
 The statute affected by this rule is the Local Government Code, Chapter 351, 
sec.351.002 and sec.351.015. 
 
 
  sec.259.129. Medical Space and Equipment. Adequate space for first aid 
equipment shall be provided. Space and equipment for medical examination, 
treatment, and convalescent care shall be provided or provisions contained in 
the <nl>health<ol> [medical] services plan. Adequate, secure storage for medical 
supplies and drugs shall be provided. 
 
  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 February 24, 1995. 
 TRD-9502492 
  Jack E. Crump 
 Executive Director 
 Commission on Jail Standards 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-5505 
         
           
  New Medium-Risk Design, Construction and Furnishing Requirements 
 
  37 TAC sec.259.324 
 
  The amendment is proposed under the Government Code, Chapter 511, which 
provides the Texas Commission on Jail Standards with the authority to adopt 
reasonable rules and procedures establishing minimum standards for the 
construction, equipment, maintenance and operation of county jails. 
 The statute affected by this rule is the Local Government Code, Chapter 351, 
sec.351.002 and sec.351.015. 
 
 
  sec.259.324. Medical Space and Equipment. Adequate space for first aid 
equipment shall be provided. Space and equipment for medical examination, 
treatment, and convalescent care shall be provided or provisions contained in 
the <nl>health<ol> [medical] services plan. Adequate, secure storage for medical 
supplies and drugs shall be provided. 
 
  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 February 24, 1995. 
 TRD-9502493 
  Jack E. Crump 
 Executive Director 
 Commission on Jail Standards 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-5505 
         
           
  New Low-Risk Design, Construction and Furnishing Requirements 
 
  37 TAC sec.259.424 
 
  The amendment is proposed under the Government Code, Chapter 511, which 
provides the Texas Commission on Jail Standards with the authority to adopt 
reasonable rules and procedures establishing minimum standards for the 
construction, equipment, maintenance and operation of county jails. 
 The statute affected by this rule is the Local Government Code, Chapter 351, 
sec.351.002 and sec.351.015. 
 
 
  sec.259.424. Medical Space and Equipment. Adequate space for first aid 
equipment shall be provided. Space and equipment for medical examination, 
treatment, and convalescent care shall be provided or provisions contained in 
the <nl>health<ol> [medical] services plan. Adequate, secure storage for medical 
supplies and drugs shall be provided. 
 
  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 February 24, 1995. 
 TRD-9502494 
  Jack E. Crump 
 Executive Director 
 Commission on Jail Standards 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-5505 
         
           
  Temporary Housing 
 
  37 TAC sec.sec.259.502, 259.518, 259.602, 259.618 
 
  The Commission on Jail Standards proposes amendments to  ssec.259.502, 259. 
518, 259.602, and 259.618, concerning New Construction Rules to change the terms 
medical to health and separation to segregation. 
 Jack E. Crump, executive director, has determined that for the first five-year 
period the sections are in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the sections. 
 Mr. Crump 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 to provide clear, consistent terminology in standards. 
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 Rhonda C. Long, P.O. Box 12985, 
Austin, Texas 78711, (512) 463-5505. 
 The amendments are proposed under the Government Code, Chapter 511, which 
provides the Texas Commission on Jail Standards with the authority to adopt 
reasonable rules and procedures establishing minimum standards for the 
construction, equipment, maintenance and operation of county jails. 
 The statute affected by these rules is the Local Government Code, Chapter 351, 
sec.351.002 and sec.351.015. 
 
 
  sec.259.502. Classification. <ol> Inmates housed in tents shall be classified 
as low-risk as required by Chapter 271 of this title (relating to Classification 
and <nl>Segregation<ol> [Separation] of Inmates) or assigned to the specific 
correctional programs. 
 
   
  sec.259.518. Medical Space and Equipment. Adequate space for first aid 
equipment shall be provided. Space and equipment for medical examination, 
treatment, and convalescent care shall be provided or provisions contained in 
the <nl>health<ol> [medical] services plan. Adequate, secure storage for medical 
supplies and drugs shall be provided. 
 
   
  sec.259.602. Classification and <nl>Segregation [Separation].  Facilities 
shall provide separate cells and day rooms of capacities for inmates to provide 
adequate <nl>segregation<ol> [separation] of different classifications of male 
and female inmates as required by Chapter 271 of this title (relating to 
Classification and  <nl>Segregation<ol> [Separation] of Inmates). Temporary 
buildings may house high, medium and low-risk inmates. 
 
   
  sec.259.618. Medical Space and Equipment. Adequate space for first aid 
equipment shall be provided. Space and equipment for medical examination, 
treatment, and convalescent care shall be provided or provisions contained in 
the <nl>health<ol> [medical] services plan. Adequate, secure storage for medical 
supplies and drugs shall be provided. 
 
  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 February 24, 1995. 
 TRD-9502502 
  Jack E. Crump 
 Executive Director 
 Commission on Jail Standards 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-5505 
         
             Chapter 260. County Correctional Centers 
  
  CCC Design, Construction and Furnishing Requirements 
 
  37 TAC sec.260.125 
 
  The Commission on Jail Standards proposes an amendment to sec.260.125, 
concerning County Correctional Centers to change the term medical services plan 
to make it consistent with other sections of standards. 
 Jack E. Crump, 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. 
 Mr. Crump 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 to provide consistent language in standards. 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 Rhonda C. Long, P.O. Box 12985, 
Austin, Texas 78711, (512) 463-5505. 
 The amendment is proposed under the Government Code, Chapter 511, which 
provides the Texas Commission on Jail Standards with the authority to adopt 
reasonable rules and procedures establishing minimum standards for the 
construction, equipment, maintenance and operation of county jails. 
 The statute affected by this rule is the Local Government Code, Chapter 351, 
sec.351.002 and sec.351.015. 
 
 
  sec.260.125. Medical Space and Equipment. Adequate space for first aid 
equipment shall be provided. Space and equipment for medical examination, 
treatment, and convalescent care shall be provided or provisions contained in 
the <nl>health<ol> [medical] services plan. Adequate, secure storage for medical 
supplies and drugs shall be provided. 
 
  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 February 24, 1995. 
 TRD-9502503 
  Jack E. Crump 
 Executive Director 
 Commission on Jail Standards 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-5505 
         
             Chapter 261. Existing Construction Rules 
  
  The Commission on Jail Standards proposes amendments to  s261.129 and 
sec.261.323, concerning Existing Construction Rules to change the term medical 
services plan to make it consistent with other sections of standards. 
 Jack E. Crump, executive director, has determined that for the first five-year 
period the sections are in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the sections. 
 Mr. Crump 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 to provide consistent language in standards. 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 Rhonda C. Long, P.O. Box 12985, 
Austin, Texas 78711, (512) 463-5505. 
   
  Existing Jail Design, Construction and Furnishing Requirements 
 
  37 TAC sec.261.129 
 
  The amendment is proposed under the Government Code, Chapter 511, which 
provides the Texas Commission on Jail Standards with the authority to adopt 
reasonable rules, and procedures establishing minimum standards for the 
construction, equipment, maintenance and operation of county jails. 
 The statute affected by this rule is the Local Government Code, Chapter 351, 
sec.351.002 and sec.351.015. 
 
 
  sec.261.129. Medical Space and Equipment. Adequate space for first aid 
equipment shall be provided. Space and equipment for medical examination, 
treatment, and convalescent care shall be provided or provisions contained in 
the <nl>health<ol> [medical] services plan. Adequate, secure storage for medical 
supplies and drugs shall be provided. 
 
  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 February 24, 1995. 
 TRD-9502491 
  Jack E. Crump 
 Executive Director 
 Commission on Jail Standards 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-5505 
         
           
  Existing Low-Risk Design, Construction and Furnishing Requirements 
 
  37 TAC sec.261.323 
 
  The amendment is proposed under the Government Code, Chapter 511, which 
provides the Texas Commission on Jail Standards with the authority to adopt 
reasonable rules, and procedures establishing minimum standards for the 
construction, equipment, maintenance and operation of county jails. 
 The statute affected by this rule is the Local Government Code, Chapter 351, 
sec.351.002 and sec.351.015. 
 
 
  sec.261.323. Medical Space and Equipment. Adequate space for first aid 
equipment shall be provided. Space and equipment for medical examination, 
treatment, and convalescent care shall be provided or provisions contained in 
the <nl>health<ol> [medical] services plan. Adequate, secure storage for medical 
supplies and drugs shall be provided. 
 
  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 February 24, 1995. 
 TRD-9502514 
  Jack E. Crump 
 Executive Director 
 Commission on Jail Standards 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-5505 
         
             Chapter 265. Admission 
  
  37 TAC sec.265.2, sec.265.3 
 
  The Commission on Jail Standards proposes amendments to  s265.2 and sec.265.3, 
concerning Admission to change the term jail to facility. 
 Jack E. Crump, executive director, has determined that for the first five-year 
period the sections are in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the sections. 
 Mr. Crump 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 to provide consistent language in standards. 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 Rhonda C. Long, P.O. Box 12985, 
Austin, Texas 78711, (512) 463-5505. 
 The amendments are proposed under the Government Code, Chapter 511, which 
provides the Texas Commission on Jail Standards with the authority to adopt 
reasonable rules and procedures establishing minimum standards for the custody, 
care and treatment of prisoners. 
 The statute affected by these rules is the Local Government Code, Chapter 351, 
sec.351.002 and sec.351.015. 
 
 
  sec.265.2. Search. 
 
  (a) (No change.) 
   
  (b) When <nl>facility<ol> [jail] personnel reasonably believe it to be 
necessary, inmates should undergo a thorough strip search for weapons and 
contraband which may pose a threat to the security or safety of the facility. 
The strip search shall be conducted by corrections officer(s) of the same gender 
in a reasonable and dignified manner and place. 
 
     
  sec.265.3. Observation During Holding. Inmates confined in a holding cell or 
detoxification cell shall be observed by <nl>facility <ol> [jail] personnel at 
intervals not to exceed 30 minutes. 
 
  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 February 24, 1995. 
 TRD-9502504 
  Jack E. Crump 
 Executive Director 
 Commission on Jail Standards 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-5505 
         
           Chapter 269. Records and Procedures 
  
  37 TAC sec.269.3 
 
  The Commission on Jail Standards proposes new sec.269.3, concerning Records 
and Procedures to add a weapons/ammunition procedure for county jail facilities. 
 Jack E. Crump, 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. 
 Mr. Crump 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 to ensure weapons are not introduced into the security perimeter 
of facilities. 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 Rhonda C. Long, P.O. Box 12985, 
Austin, Texas 78711, (512) 463-5505. 
 The new section is proposed under the Government Code, Chapter 511, which 
provides the Texas Commission on Jail Standards with the authority to adopt 
reasonable rules and procedures establishing minimum standards for the custody, 
care and treatment of prisoners. 
 The statute affected by this rule is the Local Government Code, Chapter 351, 
sec.351.002 and sec.351.015. 
 
 
  sec.269.3. Weapons/Ammunition Procedure. Weapons shall not be permitted beyond 
the security perimeter. Ammunition should not be permitted beyond the security 
perimeter. Each facility shall have and implement a written policy available for 
commission review regarding ammunition. 
 
  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 February 24, 1995. 
 TRD-9502505 
  Jack E. Crump 
 Executive Director 
 Commission on Jail Standards 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-5505 
         
           Chapter 277. Clothing, Personal Hygiene, and Bedding 
  
  37 TAC sec.277.1, sec.277.8 
 
  The Commission on Jail Standards proposes amendments to  s277.1 and sec.277.8, 
concerning Clothing, Personal Hygiene, and Bedding to revise the time at which 
inmates are issued facility clothing following admission into county jails. 
 Jack E. Crump, executive director, has determined that for the first five-year 
period the sections are in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the sections. 
 Mr. Crump 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 to establish a reasonable time to issue clothing to newly 
admitted inmates in jails. 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 Rhonda C. Long, P.O. Box 12985, 
Austin, Texas 78711, (512) 463-5505. 
 The amendments are proposed under the Government Code, Chapter 511, which 
provides the Texas Commission on Jail Standards with the authority to adopt 
reasonable rules and procedures establishing minimum standards for the custody, 
care and treatment of prisoners. 
 The statute affected by these rules is the Local Government Code, Chapter 351, 
sec.351.002 and sec.351.015. 
 
 
  sec.277.1. Inmate Clothing. <ol> Standard facility clothing shall be issued to 
all inmates held over <nl>72 <ol> [48] hours. 
 
   
  sec.277.8. Bedding and Linens. A standard issue of bedding and linens to each 
inmate to be detained overnight shall include, but shall not be limited to, the 
following <nl>clean, safe, and serviceable items <ol>: 
 
  (1) one<ol> [clean, safe, serviceable] mattress; 
   
  (2) one<ol> [clean] sheet or [clean] mattress cover; 
   
  (3) one<ol> [clean] towel; 
   
  (4) one<ol> [clean] blanket, or more depending upon climatic conditions. 
 
  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 February 24, 1995. 
 TRD-9502495 
  Jack E. Crump 
 Executive Director 
 Commission on Jail Standards 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-5505 
         
             Chapter 281. Food Service 
  
  37 TAC sec.281.3 
 
  The Commission on Jail Standards proposes an amendment to sec.281.3, 
concerning Food Service to stipulate who can approve written menus. 
 Jack E. Crump, 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. 
 Mr. Crump 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 to provide approved menus in compliance with nationally 
recognized allowances for good nutrition. 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 Rhonda C. Long, P.O. Box 12985, 
Austin, Texas 78711, (512) 463-5505. 
 The amendment is proposed under the Government Code, Chapter 511, which 
provides the Texas Commission on Jail Standards with the authority to adopt 
reasonable rules and procedures establishing minimum standards for the custody, 
care, and treatment of prisoners. 
 The statute affected by this rule is the Local Government Code, Chapter 351, 
sec.351.002 and sec.351.015. 
 
 
  sec.281.3. Balanced Diet. <ol> Except in emergency situations, meals shall be 
served in accordance with a written menu approved and reviewed annually for 
compliance with nationally recognized allowances for basic nutrition by a 
qualified <nl>individual <ol> [dietitian]. 
 
  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 February 24, 1995. 
 TRD-9502496 
  Jack E. Crump 
 Executive Director 
 Commission on Jail Standards 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-5505 
         
           Chapter 291. Services and Activities 
  
  37 TAC sec.291.4 
 
  The Commission on Jail Standards proposes an amendment to sec.291.4, 
concerning Services and Activities to establish equal amount of visitation time 
for pretrial detainees and convicted persons. 
 Jack E. Crump, 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. 
 Mr. Crump 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 to permit an equal amount of inmate access to the public during 
visitation. 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 Rhonda C. Long, P.O. Box 12985, 
Austin, Texas 78711, (512) 463-5505. 
 The amendment is proposed under the Government Code, Chapter 511, which 
provides the Texas Commission on Jail Standards with the authority to adopt 
reasonable rules and procedures establishing minimum standards for the custody, 
care, and treatment of prisoners. 
 The statute affected by this rule is the Local Government Code, Chapter 351, 
sec.351.002 and sec.351.015. 
 
 
  sec.291.4. Inmate Visitation Plan. Each facility shall have and implement a 
written plan, approved by the commission, governing inmate visitation. The plan 
shall: 
 
  (1)-(2) (No change.) 
   
  [(3) provide that pretrial detainees be permitted more generous visitation 
than convicted persons;] 
   
  <nl>(3)<ol>[(4)] provide for reasonable attorney/client visitation; 
   
  <nl>(4)<ol>[(5)] provide procedures for the selection of visitors, including 
inmates' minor children. Accompaniment by parent, guardian, or legal counsel may 
be required; 
   
  <nl>(5)<ol>[(6)] define procedures where contact visitation is permitted; 
   
  <nl>(6)<ol>[(7)] contain procedures for emergency visitation. 
 
  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 February 24, 1995. 
 TRD-9502498 
  Jack E. Crump 
 Executive Director 
 Commission on Jail Standards 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-5505 
         
             Chapter 297. Compliance and Enforcement 
  
  37 TAC sec.297.4 
 
  The Commission on Jail Standards proposes an amendment to sec.297.4, 
concerning Compliance and Enforcement to delete the requirement that the 
signature of the executive director and inspector be on certificates of 
compliance. 
 Jack E. Crump, 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. 
 Mr. Crump 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 to provide a more efficient procedure of providing certificates 
of compliance. 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 Rhonda C. Long, P.O. Box 12985, 
Austin, Texas 78711, (512) 463-5505. 
 The amendment is proposed under the Government Code, Chapter 511, which 
provides the Texas Commission on Jail Standards with the authority to revise, 
amend, or change rules and procedures if necessary. 
 The statute affected by this rule is the Local Government Code, Chapter 351, 
sec.351.002 and sec.351.015. 
 
 
  sec.297.4. Certification.  Upon completion of the regular or special 
commission inspections, those <nl>facilities <ol> [jails] which meet minimum 
jail standards shall be issued a certificate of compliance [signed by the 
executive director and inspector]. The certificate of compliance shall be deemed 
in force until the next regular or special commission inspection of the 
facility. 
 
  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 February 24, 1995. 
 TRD-9502499 
  Jack E. Crump 
 Executive Director 
 Commission on Jail Standards 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-5505 
         
               
  TITLE 43. TRANSPORTATION 
 Part I. Texas Department of Transportation 
  Chapter 7. Bridge Division 
  
  Drainage Facilities 
 
  43 TAC sec.7.31 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of 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.7.31, 
concerning drainage channels. This section is no longer necessary due to the 
simultaneous proposed adoption of the re-enacted subject matter in Chapter 15, 
Transportation Planning and Programming, as new sec.sec.15.50-15.54 concerning 
federal, state and local participation, in an amended form. 
 Robert L. Wilson, Director of the Design Division, has determined that for the 
first five years the repeal is in effect, there will not be fiscal implications 
for state or local government as a result of enforcing or administering the 
repeal. 
 Mr. Wilson has certified that there will be no significant impact on local 
economies or overall employment as a result of enforcing or administering the 
repeal. 
 Mr. Wilson also has determined that for each year of the first five years the 
repeal is in effect, the public benefits anticipated as a result of enforcing 
the repeal will be a more expeditious development of mutually beneficial and 
priority projects by maximizing the available local and state funds. There will 
be no effect on small businesses. There is no anticipated economic cost to 
persons who are required to comply with the repeal 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 repeal. The public hearing will be held 
at 1:30 p.m. on March 22, 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 1:00 p.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 proposal may be submitted to Robert L. Wilson, 
Director, Design Division, 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 April 7, 1995. 
 The repeal 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. 
 The repeal does not affect other statutes, articles, or codes. 
 
 
  sec.7.31. Drainage Channels. 
 
  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 March 1, 1995. 
 TRD-9502563 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-8630 
         
             Chapter 11. Design 
  
  The Texas Department of Transportation proposes the repeal of sec.11.41, 
concerning responsibilities of local governmental units in construction and 
sec.11.71, concerning control of Access on freeway mainlanes. These sections are 
no longer necessary due to the simultaneous proposed adoption of the re-enacted 
subject matter in Chapter 15, Transportation Planning and Programming, as new 
sec.sec.15.50-15.54 concerning federal, state and local participation, in an 
amended form. 
 Robert L. Wilson, Director of the Design Division, has determined that for the 
first five years the repeals are in effect, there will not be fiscal 
implications for state or local government as a result of enforcing or 
administering the repeals. 
 Mr. Wilson 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. Wilson also has determined that for each year of the first five years the 
repeals are in effect, the public benefits anticipated as a result of enforcing 
the repeals will be a more expeditious development of mutually beneficial and 
priority projects by maximizing the available local and state funds. 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 repeal. The public hearing will be held 
at 1:30 p.m. on March 22, 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 1:00 p.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 proposal may be submitted to Robert L. Wilson, 
Director, Design Division, 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 April 7, 1995. 
   
  Local Governmental Units 
 
  43 TAC sec.11.41 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of Transportation or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.) 
   
  The repeal is proposed under Texas Civil Statutes, Article 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. 
 The repeal does not affect other statutes, articles, or codes. 
 
 
  sec.11.41. Responsibilities of Local Governmental Units In Construction. 
 
  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 March 1, 1995. 
 TRD-9502564 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-8630 
         
           
  Freeway Mainlanes 
 
  43 TAC sec.11.71 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of Transportation or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.) 
   
  The repeal is proposed under Texas Civil Statutes, Article 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. 
 The repeal does not affect other statutes, articles, or codes. 
 
 
  sec.11.71. Control of Access on Freeway Mainlanes. 
 
  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 March 1, 1995. 
 TRD-9502565 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-8630 
         
             Chapter 15. Transportation Planning and Programming 
  
  Transportation Planning 
 
  43 TAC sec.15.3 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of 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.15.3, 
concerning federal aid urban system. This section is no longer necessary due to 
the simultaneous proposed adoption of the re-enacted subject matter in Chapter 
15, Transportation Planning and Programming, as new sec.sec.15.50-15.54, 
concerning federal, state and local participation, in an amended form. 
 Robert L. Wilson, Director of the Design Division, has determined that for the 
first five years the repeal is in effect, there will not be fiscal implications 
for state or local government as a result of enforcing or administering the 
repeal. 
 Mr. Wilson has certified that there will be no significant impact on local 
economies or overall employment as a result of enforcing or administering the 
repeal. 
 Mr. Wilson has also determined that for each year of the first five years the 
repeal is in effect, the public benefits anticipated as a result of enforcing 
the repeal will be a more expeditious development of mutually beneficial and 
priority projects by maximizing the available local and state funds. There will 
be no effect on small businesses. There is no anticipated economic cost to 
persons who are required to comply with the repeal 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 repeal. The public hearing will be held 
at 1:30 p.m. on March 22, 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 1:00 p.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 proposal may be submitted to Robert L. Wilson, 
Director, Design Division, 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 April 7, 1995. 
 The repeal 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. 
 The repeal does not affect other statutes, articles, or codes. 
 
 
  sec.15.3. Federal Aid Urban System. 
 
  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 March 1, 1995. 
 TRD-9502566 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-8630 
         
           
  Federal, State, and Local Participation 
 
  43 TAC sec.sec.15.50-15.54, 15.60 
 
  The Texas Department of Transportation proposes new sec. s15.50-15.54, 
concerning federal, state and local participation and sec.15.60, concerning 
state park roads. The new sections replace the existing sec.7.31, concerning 
drainage channels, sec.11.41, concerning responsibilities of local governmental 
units in construction, sec.11.71, concerning control of Access on freeway 
mainlanes, sec.15.3, concerning federal aid urban system, and sec.sec.19.1, 
19.11, 19.21, and 19.31, concerning secondary roads which are simultaneously 
being proposed for repeal. These new sections are necessary to update the 
applicable rules to carry out the provisions of state and federal laws and 
regulations pertaining to funding of construction projects, to define and 
establish participation ratios of governmental units in the development of 
construction projects to be used as the basis of agreement between the 
department and the local unit of government to increase the department's 
assistance to the local unit of government in the development of certain 
projects by increasing state participation in: procurement of right of way on 
existing farm to market roads to expedite the accomplishment of needed safety 
improvements and make consistent participation with that of other state road 
systems for right of way; reconstruction and restoration of urban streets; and 
engineering and construction costs associated with upgrading bridge structures 
off the state highway system for needed safety improvements and to upgrade to 
current design standards. 
 New sec.15.50 describes federal, state and local financing arrangements to 
provide for the construction, maintenance, and operation of the transportation 
system. New sec.15.51 furnishes definitions. New sec.15.52 defines the 
responsibilities of local governments for preliminary engineering and 
construction engineering expenses associated with the development of 
construction projects; establishes the amount of the state, local and federal 
participation in preliminary and construction engineering expenses; and 
specifies the requirement of an agreement between the department and the local 
unit of government when the local unit of government is responsible for 
providing funds for a proposed project. 
 New sec.15.53 describes the conditions under which state, federal, and local 
financing of transportation project construction costs are to be shared in a 
construction project and establishes the amount of the state, local and federal 
participation in construction expenses; specifies that the local unit of 
government shall be responsible for the total cost of non-federal-aid eligible 
construction in federal-aid contracts off the state highway system; specifies 
the requirement of an agreement with the local unit of government outlining 
construction responsibilities; establishes the criteria for the department to 
provide for sidewalk construction on the designated state highway system; 
establishes the criteria for construction of frontage roads and the construction 
costs responsibilities; and describes the responsibilities of the department and 
local unit of government in the construction of a drainage system within the 
state highway right-of-way and their respective costs responsibilities. 
 New sec.15.54 specifies the federal, state and local cost participation ratios 
for the various types of projects on the state highway system in the form of a 
chart which includes increased state participation with local units of 
government in right of way procurement for certain projects on the existing farm 
to market road system with the state bearing 90% of costs, original state 
participation with local units of government for certain reconstruction and 
restoration projects on urban streets with the state bearing 100% of the project 
engineering and construction cost, and enhanced state participation with local 
units of government in the upgrading of bridge structures off the state highway 
system with 10% state funds or one-half of the local units of governments 
current participation in engineering and construction costs. 
 New sec.15.60 defines park roads on the state designated system and establishes 
criteria for development of new park roads on the state designated system; and 
describes the responsibilities of the Department for design, construction and 
maintenance of public roads within a state park. 
 Robert L. Wilson, director of the design division, has determined that there 
will be fiscal implications as a result of enforcing or administering the 
sections. The effect on state government for the first five-year period the 
sections will be in effect is an estimated additional cost of $24 million 
dollars per year for procurement of right of way, reconstruction and restoration 
of urban streets, and upgrading bridge structures. The effect on local 
government for the first five-year period the sections will be in effect is an 
estimated reduction in cost of 4.3 million per year for procurement of right of 
way and upgrading bridge structures. 
 Mr. Wilson has certified that there will be no significant impact on local 
economies or overall employment as a result of enforcing or administering the 
new sections. 
 Mr. Wilson also has determined that for each year of the first five years the 
sections are in effect, the public benefits anticipated as a result of enforcing 
the new sections will be a more expeditious development of mutually beneficial 
and priority projects by maximizing the available local and state funds. There 
will be no effect on small businesses. There is no anticipated economic cost to 
persons who are required to comply with the new 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 new sections. The public hearing will 
be held at 1:30 p.m. on March 22, 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 1:00 p.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 proposal may be submitted to Robert L. Wilson, 
Director, Design Division, 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 April 7, 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. 
 The new sections do not affect other statutes, articles, or codes. 
 
 
  sec.15.50. Purpose.  This undesignated head describes federal, state, and 
local responsibilities for cost participation in the construction of the state 
highway system. 
 
   
  sec.15.51. Definitions.  The following words and terms, when used in this 
undesignated head, shall have the following meanings, unless the context clearly 
indicates otherwise. 
   
   Added capacity -An increase in the carrying capacity of a segment of the 
state highway system, including the addition of new travel lanes (other than 
high occupancy vehicle lanes or auxiliary lanes). 
   
   Congestion Mitigation and Air Quality Improvement Program (CMAQ)-A federal 
program, established and administered in accordance with 23 United States Code 
sec.104 and federal regulations, which provides federal funds for a project in a 
non-attainment area that contributes to the attainment of a natural ambient air 
quality standard or will have certified benefits to air quality. 
   
   Construction engineering cost/expenses-Engineering or project administration 
costs and expenses identified with a construction project after contract 
letting. 
   
   Construction cost -Costs associated with the work required to construct a 
project in accordance with approved plans and specifications, including the 
furnishing of all labor, materials, equipment, and other incidentals necessary 
for the successful completion of the project, and the carrying out of all duties 
and obligations imposed by the plans and specifications. 
   
   Farm and Ranch to Market (FM/RM) System Route-A system of roads designated by 
the commission under Texas Civil Statutes, Articles 6665, 6670, and 6673c. 
   
   Federal funds-Monies provided from federal agencies as match financing for 
expenditure on state and local transportation projects developed and approved in 
accordance with federal law and regulations. 
   
   Interstate Maintenance Program (IM)-A federal program which provides federal 
funding to reconstruct, rehabilitate, or maintain a portion of the Interstate 
Highway System; criteria for eligible projects in this program are set forth in 
federal law and regulations. 
   
   Local funds-Monies provided by local units of government to participate in 
costs associated with project development. 
   
   Local unit of government-Any county, city, or other political subdivision of 
this state that has the authority to finance the construction, maintenance, or 
operation of a segment of the state highway system. 
   
   Matching funds/participation ratio-Those portions of funds required or 
chargeable for the contribution toward a project's cost by a government entity. 
   
   Metropolitan planning organization (MPO)-An organization designated in 
certain urbanized areas to carry out the transportation planning process as 
required by 23 United States Code sec.134. 
   
   National Highway System (NHS)-A part of the National Intermodal 
Transportation System consisting of the National System of Interstate and 
Defense Highways and those principal arterial roads which are essential for 
interstate and regional commerce and travel, national defense, intermodal 
transfer facilities, and international commerce and border crossings as 
designated by the United States Congress by criteria set forth in federal law. 
   
   National System of Interstate and Defense Highways (Interstate Highway 
System) -A system of roads and bridges that constitute a part of the National 
Highway System designated by the United States Congress as essential for 
interstate and regional commerce and travel, national defense, intermodal 
transfer facilities, and international commerce and border crossings. 
   
   New construction 
 
  (I) Activities authorized for the completion of the originally designated 
Interstate Highway System. 
     
   New route-Activities related to an existing roadway or new location not 
previously designated on the state highway system. 
   
   Off-State Highway System Bridge Program-A federally mandated program by which 
federal funds are made available on a discretionary basis to replace or 
rehabilitate bridges under the jurisdiction of a local government and not on the 
state highway system, administered in accordance with criteria set forth under 
federal law and regulations and state law, safety standards, design standards, 
and construction standards. 
   
   Off-state highway system routes-Those routes not designated on the state 
highway system which are the responsibility of local units of government. 
   
   Off-State Highway System Safety Program-A federally mandated program by which 
federal funds are made available to local units of government for safety 
improvements in accordance with criteria set forth under federal law and 
regulations. 
   
   On-State Highway System Bridge Program-A federally mandated program by which 
federal funds are made available on a discretionary basis to replace or 
rehabilitate the state's bridges in accordance with criteria set forth under 
federal law and regulations. 
   
   On-State Highway System Safety Program-A federally mandated program by which 
federal funds are made available to states for safety improvements in accordance 
with criteria set forth under federal law and regulations. 
   
   Principal Arterial Street System (PASS) Program -A commission approved 
program to improve urban arterial streets designated on this system to relieve 
major traffic corridors and enhance total system operations in urban areas over 
200,000 in population. 
   
   Preliminary engineering cost/expenses-Those engineering or project 
administration costs or expenses identified prior to the construction of a 
project. 
   
   Reconstruction-The primary activities involving the rebuilding of a segment 
of the state highway system along existing routes as well as those associated 
with the acquisition of rights of way where necessary to upgrade to current 
standards. 
   
   Rehabilitation-The primary activities to restore, or re-establish in good 
condition, a segment of the state highway system (not including the construction 
of additional travel lanes, other than high occupancy vehicle lanes or auxiliary 
lanes). 
   
   Right of way costs-Costs attributable to the purchase of land or an interest 
in land (including access rights to abutting properties and usually including 
eligible utility relocation/adjustment costs). 
   
   Right of way procurement-That process identified with the acquisition of real 
property, access rights, mineral rights, and easements permitted in accordance 
with state law for the construction of approved projects. 
   
   State funds-Those monies received by the state, other than federal funds, to 
be expended for the improvement of the state highway system. 
   
   State highway system-The system of highways in the state included in a 
comprehensive plan prepared by the department's executive director under the 
direction and with the approval of the commission in accordance with Texas Civil 
Statutes, Article 6674b. 
   
   State highway system routes-Those state numbered routes designated as a part 
of the state highway system. 
   
   State Park Road Program-A state program by which state funds are utilized to 
construct roads to public parks administered by the Texas Parks and Wildlife 
Department or other qualified state agencies. 
   
   Surface Transportation Program (STP)-A federal-aid program where states may 
obligate federal match funds to projects related to certain public roads, in 
accordance with the criteria established in federal law and federal regulations. 
   
   Transportation Enhancement Program-A federally mandated program identified in 
sec. s11.200 et seq of this title (relating to Statewide Transportation 
Enhancement Program), providing federal funding for activities that enhance the 
intermodal transportation systems and facilities within the state for the 
enjoyment of the users of those systems. 
   
   Transportation Improvement Program (TIP)-A transportation program 
cooperatively developed with metropolitan planning organizations which includes 
improvement projects proposed for federal funding in accordance with the 
criteria set forth in federal law and federal regulations. 
   
   Urban Road System -A commission designated system of routes that consist of 
the continuation of Farm to Market Roads in urban areas over 200,000 in 
population. 
   
   United States (US) System Route-Those routes designated on the state highway 
system as U.S. highways subject to eligibility for federal-aid funds as set 
forth in federal law and regulations. 
   
   Urban Streets Program-A state program of projects on certain urban streets 
developed and constructed in accordance with state law, and safety, design, and 
construction standards. 
   
   Urbanized area -As defined in 23 United States Code sec.101, an area with a 
population of 50,000 or more designated by the United States Bureau of Census, 
within boundaries to be fixed by responsible state and local officials in 
cooperation with each other, and subject to the approval of the United States 
Secretary of Transportation. 
   
   Utility relocation/adjustment costs-Costs of work related to the adjustment, 
relocation, and removal of utility facilities on a segment of the state highway 
system accomplished in accordance with sec.21.21 of this title (relating to 
State Participation in Relocation, Adjustment, and/or Removal) and sec. s21.31-
21.55 of this title (relating to Utility Accommodation). 
 
   
  sec.15.52. Preliminary and Construction Engineering Expenses. 
 
  (a) Purpose. This section defines the responsibility of local governments for 
preliminary engineering and construction engineering expenses associated with 
the development of projects for the construction and reconstruction of a segment 
of the state highway system. 
   
  (b) Funding. Preliminary and construction engineering expenses may be funded 
by the commission at the entire expense of the state, with local participation, 
and/or with federal participation, as shown in Appendix A of sec.15.54 of this 
title (relating to Construction Cost Participation), and in accordance with 
criteria set forth by federal law and regulations. 
   
  (c) Agreement. If the local unit of government is responsible for providing 
funds for a proposed project, an agreement between the department and the local 
unit of government shall be executed with the following provisions. 
 
  (1) The local unit of government, if owner of the site, will permit the 
department or its contracted consultant and the department's contractor access 
to perform all engineering, surveying, and construction activities required to 
execute the work. 
   
  (2) The local unit of government will provide all necessary right of way and 
utility adjustments, whether publicly or privately owned, in accordance with 
Appendix A of sec.15.54 of this title (relation to Construction Cost 
Participation). Existing utilities will be adjusted with respect to location and 
type of installation in accordance with the requirements of the department as 
specified in sec.21.21 of this title (relating to State Participation in 
Relocation, Adjustment, and/or Removal) and sec.sec.21.31-21.55 of this title 
(relating to Utility Accommodation). 
   
  (3) The local unit of government will pay its part of the actual construction 
cost of the project, including preliminary engineering and construction 
engineering as shown in Appendix A of sec.15.54 of this title (relation to 
Construction Cost Participation), plus that portion of the cost of the project 
not reimbursable by the Federal Highway Administration. This amount shall 
include compensation to the state for work performed under this agreement based 
upon direct labor, equipment, material, and other direct expenditures, and 
indirect costs at the rates in effect for the fiscal years during which the work 
is accomplished. The indirect cost rate will be based on the department's 
indirect cost recovery plan. 
   
  (4) Following execution of the agreement, the local unit of government will 
pay its obligatory portion of the estimated cost of preliminary engineering for 
the construction project plus the estimated indirect costs to the department for 
performance of that service. Prior to the department's scheduled date for the 
contract letting, the local unit of government will remit to the department an 
amount equal to the remainder of the local unit of government's obligatory 
participation in the project including indirect costs on that remaining 
participation. If, at any time during plan development or construction of the 
project, it is found that the amount received is insufficient to pay the local 
unit of government's obligation, then the department shall immediately notify 
the local unit of government which shall promptly transmit the required amount 
to the department. After the project is completed, the actual cost will be 
determined by the department, based on its standard accounting procedures, and 
any excess funds paid by the local unit of government shall be returned. 
   
  (5) If, after execution of the agreement, the local unit of government elects 
to terminate the project, the local unit of government shall be responsible for 
those expenses incurred by the state which are attributable to the project. 
   
  (6) As part of preliminary and construction engineering, the department will 
prepare or provide for the construction plans, advertise for bids, and let the 
construction contract, or otherwise provide for the construction, and will 
supervise the construction as required by the plans. It is mutually agreed that 
as the project is developed to the construction stage, both parties shall 
approve the plans by signature. 
   
  (7) In the event the terms of the agreement are in conflict with the 
provisions of any other existing agreements between the local unit of government 
and the department, the latest agreement shall take precedence over the other 
agreements. 
   
  (8) Upon completion of the project, maintenance of the facility shall be as 
outlined in an approved maintenance agreement. 
   
  (9) The local unit of government must acknowledge that while not an agent, 
servant, nor employee of the state, it is responsible for its own acts and deeds 
and for those of its agents or employees during the performance of the work 
authorized in the contract. 
 
       
  sec.15.53. Construction. 
 
  (a) Purpose. This section describes the conditions under which state, federal, 
and local financing of transportation project construction costs are to be 
shared in implementing improvements to the state highway system. As described in 
Appendix A of  s15.54 of this title (relating to Construction Cost 
Participation), construction costs may be funded by the commission at the entire 
expense of the state, with local participation, and/or with federal 
participation, and in accordance with criteria set forth by federal law and 
regulations. 
   
  (b) Funding. The local unit of government shall be responsible for providing 
matching funds as identified in Appendix A of  s15.54 of this title (relating to 
Construction Cost Participation), and for the total cost of all non federal-aid 
construction included in federal-aid contracts off the state highway system. 
   
  (c) Agreement. The department will enter into an agreement with the local unit 
of government outlining construction responsibilities when the local unit of 
government is responsible for a portion of the funding. 
   
  (d) Local obligations. The local unit of government usually discharges its 
obligations through inclusion of such work in the state's contract with 
participation in costs established by agreement . 
   
  (e) Sidewalks. The department will also provide for sidewalk construction on 
the designated state highway system routes: 
 
  (1) when replacing existing sidewalk; 
   
  (2) where highway construction severs an existing sidewalk system, the state 
will make connections within highway right of way to restore sidewalk system 
continuity; 
   
  (3) all sidewalk construction will be accomplished accordance with the 
requirements of the Americans with Disabilities Act; and 
   
  (4) where pedestrian traffic is causing or is expected to cause a safety 
conflict, sidewalks may be provided by the state. 
     
  (f) Control of access on freeway mainlanes. 
 
  (1) For facilities with full control of access, such as interstate highways or 
freeways developed by commission designation pursuant to Texas Civil Statutes, 
Articles 6674w et seq, access to the main travel lanes is fully controlled 
through designation, purchase of access rights, or provision of frontage roads. 
   
  (2) The department includes frontage roads in the planning stage of highways 
with full access control when: 
 
  (A) it is necessary to unlandlock the remainder of a parcel of land which has 
a value equal to or nearly equal to the cost of the frontage road; 
   
  (B) the appraised damages, resulting from the absence of frontage roads at the 
time of planning, would exceed the cost of the frontage roads; or 
   
  (C) it is necessary to restore circulation of local traffic due to local roads 
or streets being severed or seriously impaired by the construction of the 
controlled access highway, and an economic analysis shows the benefits derived 
more than offset the costs of constructing and maintaining the frontage roads. 
     
  (3) In those instances where requests for additional frontage roads are 
received during or subsequent to the planning stage or after the freeway has 
been constructed, they may be considered and placed in order of priority of 
highway needs. 
 
  (A) When right of way and utility adjustment costs are shared with a local 
government on a standard participation basis applicable to the highway 
designation, the department may assume 100% responsibility for additional 
frontage road construction: 
 
  (i) on relatively short sections of frontage roads where through lane traffic 
is experiencing high accident rates due to local access and where such 
construction can be expected to substantially improve safety; or 
   
  (ii) in heavily traveled urban corridors where gaps occur in the existing 
frontage systems and closing these frontage road gaps will restore system 
continuity and provide a cost- effective method of enhancing traffic operations 
in the corridor. 
     
  (B) The department may assist a requesting local government in the 
construction of additional frontage roads: 
 
  (i) where a usable section of frontage road that will be of benefit to the 
traveling public is to be developed (usable section being defined as an addition 
or extension from a cross road separation to cross road separation or connecting 
to a public roadway or major traffic generator); 
   
  (ii) where such frontage road construction is judged to not adversely impact 
existing traffic operations or safety; 
   
  (iii) where the department is responsible for design and construction of the 
added frontage roads; or 
   
  (iv) except as provided in subparagraph (E) of this paragraph, when the 
requesting local government furnishes 100% of needed right of way and utility 
adjustment costs and 50% of the cost of construction, including preliminary and 
construction engineering. 
     
  (C) The department may approve additional frontage road construction, which is 
100% funded by the requesting local government, as follows: 
 
  (i) if the frontage road construction primarily provides new or improved 
access to abutting property and does not necessarily provide a usable section as 
defined in subparagraph (B)(i) of this paragraph (this type of additions would 
provide limited benefits to the general traveling public); and 
   
  (ii) except as provided in subparagraph (E) of this paragraph, where the 
department is responsible for design and construction and the requesting local 
government is responsible for 100% construction, right of way and utility 
adjustment costs including preliminary and construction engineering. 
     
  (D) Where right of way costs are 100% the responsibility of the requesting 
local unit of government, the costs of relocation assistance benefits will also 
be 100% the responsibility of the local unit of government; however, the 
department shall handle all relocation actions exclusive of monetary payments to 
insure compliance with departmental policies and procedures. 
   
  (E) The department may waive any one or more of the cost conditions stated in 
subparagraphs (B)(iv) and (C)(ii) of this paragraph, provided that the waiver is 
first approved by written order of the commission. In approving a waiver, the 
commission will base its decision on consideration of the population level, 
bonded indebtedness, tax base, and tax rate of the local government involved. 
     
  (4) For additional frontage roads requested subsequent to the planning stage 
or after the freeway has been constructed, control of access as originally 
conceived for the facility may be modified to allow access to the proposed 
frontage road only to the extent as may be permitted by safety considerations 
and in keeping with departmental policies and procedures. The sale or disposal 
of access rights shall be accomplished in accordance with sec.sec.21.101-21.104 
of this title (relating to Disposal of Real Estate Interests) . 
   
  (5) Access driveway facilities shall be for securing access to abutting 
property. Costs and provision thereof shall be in accordance with the criteria 
and responsibilities established in sec.sec.11.51-11.53 of this title (relating 
to Access Driveways to State Highways). 
     
  (g) Drainage Construction Costs. 
 
  (1) In general, it shall be the duty and responsibility of the department to 
construct, at its expense, a drainage system within state highway right of way, 
including outfalls, to accommodate the storm water which originates within and 
reaches state highway right of way from naturally contributing drainage areas. 
   
  (2) Where a drainage channel, manmade, natural, or a combination of both, is 
in existence prior to the acquisition of highway right of way, including right 
of way for widening the highway, it shall be the duty and responsibility of the 
department to provide for the construction of the necessary structures and/or 
channels to adjust or relocate the existing drainage channel in such a manner 
that the operation of the drainage channel will not be injured. The construction 
expense required shall be considered a construction item. The acquisition of any 
land required to accomplish this work shall be considered a right of way item. 
   
  (3) Where an existing highway crosses an existing drainage channel, and a 
political unit or subdivision with statutory responsibility for drainage 
develops a drainage channel to improve its operation, both upstream and 
downstream from the highway, and after the department establishes that the 
drainage plan is logical and beneficial to the state highway system, and there 
is no storm water being diverted to the highway location from an area which, 
prior to the drainage plan, did not contribute to the channel upstream of the 
highway, and after construction on the drainage channel has begun or there is 
sufficient evidence to insure that the drainage plan will be implemented, the 
department, at its expense, shall adjust the structure and/or channels within 
the existing highway right of way as necessary to accommodate the approved 
drainage plan. 
   
  (4) Where a state highway is in existence, and there is a desire of others to 
cross the existing highway at a place where there is not an existing crossing 
for drainage, then those desiring to cross the highway must provide for the 
entire cost of the construction and maintenance of the facility which will serve 
their purpose while at the same time adequately serving the highway traffic. The 
design, construction, operation, and maintenance procedures for the facility 
within state highway right of way must be acceptable to the department. 
   
  (5) In the event the local unit of government involved expresses a desire to 
join the department in the drainage system in order to divert drainage into the 
system, the local unit of government shall pay for the entire cost of collecting 
and carrying the diverted water to the state's system and shall contribute its 
proportional share of the cost of the system and outfall based on the cubic feet 
per second of additional water diverted to it when compared to the total cubic 
feet per second of water to be carried by the system. The local unit of 
government requesting the drainage diversion shall indemnify the state against 
damages or claims for damages resulting from such diversion. 
     
  (h) Continuous and safety lighting systems and traffic signals. For the 
installation, maintenance, and operation of continuous and safety lighting 
systems and traffic signals, the local unit of government shall be responsible 
for providing matching funds as identified in Appendix A of sec.15.54 of this 
title (relating to Construction Cost Participation). Such installation, 
maintenance, and operation shall be accomplished in accordance with sec.25.5 of 
this title (relating to Installation, Operation, and Maintenance of Traffic 
Signals) and sec.25.11 of this title (relating to Continuous and Safety Lighting 
Systems). 
 
     
  sec.15.54. Construction Cost Participation. From available funds to the 
department, federal, state, and local cost participation for the various 
designations and categories of highways will be as described in Appendix A. 
   
  <ol>Figure 1: 43 TAC sec.15.54 
 
   
  sec.15.60. State Park Roads. 
 
  (a) Definition. The following words and terms, when used in this section, 
shall have the following meanings, unless the context clearly indicates 
otherwise. 
 
  (1) Commission-Texas Transportation Commission. 
   
  (2) Department-Texas Department of Transportation. 
   
  (3) State park-A park administered by the Texas Parks and Wildlife Department 
of other qualified state agency, and with title in the name of the State of 
Texas. 
   
  (4) State park road-A public road within a state park, or a segment of the 
state highway system, designated by the commission as a state park road, which 
is located in or adjacent to a state park. 
     
  (b) Upon request by a state agency or county government, the department may 
construct and maintain a designated park road connecting a state park to a 
segment of the state highway system if: 
 
  (1) estimated traffic patterns justify the connection of such a facility; 
   
  (2) all necessary right-of-way is furnished at no cost to the department; and 
   
  (3) funds are available form a commission designated program. 
     
  (c) In accordance with Section 1.02, House Bill 9, 72nd legislature, First 
Called Session, for public roads located within a state park, the department 
will: 
 
  (1) coordinate with appropriate state agencies having jurisdiction over state 
park properties for the design, construction, and maintenance of subject roads; 
   
  (2) provide through memoranda of agreement with appropriate state agencies for 
the respective responsibilities in developing and completing state park road 
projects in accordance with state law; and 
   
  (3) identify in such memoranda of agreement the costs/expenses associated with 
the respective activities of the parties involved and amend the agreement as 
appropriate on a five year basis unless the appropriate state agency with 
jurisdiction over the state park does not desire to extend the terms of the 
agreement. 
 
  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 March 1, 1995. 
 TRD-9502567 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-8630 
         
                 Chapter 19. Secondary Roads Division 
  
  The Texas Department of Transportation proposes the repeal of sec.sec.19.1, 
19.11, 19.21, and 19.31, concerning secondary roads. These sections are no 
longer necessary due to the simultaneous proposed adoption of the re-enacted 
subject matter in Chapter 15, Transportation Planning and Programming, as new 
sec. s15.50-15.54, concerning federal, state and local participation, and 
sec.15. 60, concerning state park roads, in an amended form. 
 Robert L. Wilson, director of the design division, has determined that for the 
first five years the repeals are in effect, there will not be fiscal 
implications for state or local government as a result of enforcing or 
administering the repeals. 
 Mr. Wilson 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. Wilson also has determined that for each year of the first five years the 
repeals are in effect, the public benefits anticipated as a result of enforcing 
the repeals will be a more expeditious development of mutually beneficial and 
priority projects by maximizing the available local and state funds. 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 repeal. The public hearing will be held 
at 1:30 p.m. on March 22, 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 1:00 p.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 proposal may be submitted to Robert L. Wilson, 
Director, Design Division, 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 April 7, 1995. 
   
  Farm and Ranch to Market Roads 
 
  43 TAC sec.19.1 
 
  (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 repeal 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. 
 The repeal does not affect other statutes, articles, or codes. 
 
 
  sec.19.1. Route Approval. 
 
  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 March 1, 1995. 
 TRD-9502568 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-8630 
         
           
  Park Roads 
 
  43 TAC sec.19.11 
 
  (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 repeal 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. 
 The repeal does not affect other statutes, articles, or codes. 
 
 
  sec.19.11. Construction. 
 
  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 March 1, 1995. 
 TRD-9502569 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-8630 
         
           
  Recreational Roads 
 
  43 TAC sec.19.21 
 
  (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 repeal 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. 
 The repeal does not affect other statutes, articles, or codes. 
 
 
  sec.19.21. Construction. 
 
  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 March 1, 1995. 
 TRD-9502570 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-8630 
         
           
  Off System Road Program 
 
  43 TAC sec.19.31 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of Transportation or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.) 
   
  The repeal is proposed under Texas Civil Statutes, Article 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. 
 The repeal does not affect other statutes, articles, or codes. 
 
 
  sec.19.31. Off System Projects. 
 
  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 March 1, 1995. 
 TRD-9502571 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: April 7, 1995 
 For further information, please call: (512) 463-8630