ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 1. ADMINISTRATION Part V. General Services Commission Chapter 115. Building and Property Services Division State Owned Property 1 TAC sec.sec.115.1-115.7, 115.9-115.13 The General Services Commission adopts the repeal of sec. sec.115.1-115.7 and sec.sec.115.9-115.13, concerning administration of state owned real property, without changes to the proposed text as published in the October 7, 1994, issue of the Texas Register (19 TexReg 7967). The repeals are necessary in order to adopt new sec.sec.115.1-115.8 which provide updated streamlined definitions, guidelines and operating procedures to insure efficient administration of real property on the commission's inventory. The repeals delete obsolete and burdensome language. No Comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 601b, sec.4.01, which provides the General Services Commission with the authority to promulgate rules necessary to accomplish the purpose of Article 4. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 5, 1995. TRD-9504169 Judith Monaco Porras General Counsel General Services Commission Effective date: April 27, 1995 Proposal publication date: October 4, 1994 For further information, please call: (512) 463-3960 1 TAC sec.sec.115.1-115.8 The General Services Commission adopts new sec.sec.115.1-115.8, concerning administration of real property on the commission's inventory, without changes to the proposed text as published in the October 7, 1994, issue of the Texas Register (19 TexReg 7967). The General Services Commission adopts the new sections to state procedures for maintenance, repairs, and modification of office buildings and rules for monuments in the State Cemetery. The new sections provide updated streamlined guidelines to insure efficient operations of the buildings on the Commission's inventory. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 601b, sec.4. 01, which provides the General Services Commission with the authority to promulgate rules necessary to accomplish the purpose of Article 4. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 5, 1995. TRD-9504170 Judith Monaco Porras General Counsel General Services Commission Effective date: April 27, 1995 Proposal publication date: October 7, 1994 For further information, please call: (512) 463-3960 TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 5. Quarantines Pink Bollworm Quarantine 4 TAC sec.5.179 The Texas Department of Agriculture (the department) adopts an amendment to sec.5.179, concerning authorized planting and stalk destruction dates, without changes to the proposed text as published in the January 24, 1995, issue of the Texas Register (20 TexReg 319). The amendment is made in order to allow the department to issue penalties for failure to request an extension. Currently, where fields have standing cotton and farm owners/operators are unable to comply with the stalk destruction deadline due to adverse weather or other good cause, the fields are in violation of the stalk destruction deadline unless extensions have been granted. The amendment will allow the department to assess a penalty, under these circumstances only, for failure to apply for an extension, without also penalizing the farm owner and/or operator for failure to destroy the cotton by the required deadline. In addition, the amendment will allow the department to use pest management committee member recommendations in determining whether to grant extension requests. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Agriculture Code, sec.74.054, which provides the Texas Department of Agriculture with the authority to adopt rules necessary for the control and eradication of the pink bollworm; and the Code, sec.12.020, which provides for administrative penalties for violations of Chapter 74 or rules adopted thereunder. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 6, 1995. TRD-9504181 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: April 27, 1995 Proposal publication date: January 24, 1995 For further information, please call: (512) 463-7583 Chapter 6. Boll Weevil Control 4 TAC sec.6.4 The Texas Department of Agriculture (the department) adopts an amendment to sec.6.4, concerning authorized planting dates, cotton destruction dates, and prescribed methods of destruction, without changes to the proposed text as published in the January 24, 1995, issue of the Texas Register (20 TexReg 319). The amendment is made in order to allow the department to issue penalties for failure to request an extension. Currently, where fields have standing cotton and farm owners/operators are unable to comply with the stalk destruction deadline due to adverse weather or other good cause, the fields are in violation of the stalk destruction deadline unless extensions have been granted. The amendment will allow the department to assess a penalty, under these circumstances only, for failure to apply for an extension, without also penalizing the farm owner and/or operator for failure to destroy the cotton by the required deadline. In addition, the amendment will allow the department to use pest management committee member recommendations in determining whether to grant extension requests. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Agriculture Code, sec.74.006, which provides the Texas Department of Agriculture with the authority to adopt rules necessary for the control and eradication of the Boll Weevil; and the Code, sec.12.020, which provides for administrative penalties for violations of Chapter 74 or rules adopted thereunder. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 6, 1995. TRD-9504180 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: April 27, 1995 Proposal publication date: January 24, 1995 For further information, please call: (512) 463-7583 TITLE 7. BANKING AND SECURITIES Part IV. Texas Savings and Loan Department Chapter 77. Loans, Investments, Savings, and Deposits 7 TAC sec.77.71 The Texas Savings and Loan Department adopts an amendment to sec.77.71, concerning Loans, Investments, Savings, and Deposits, without changes to the proposed text as published in the December 20, 1994, issue of the Texas Register (19 TexReg 10061). The amended rule would make membership in the Federal Home Loan Bank (FHLBank) and the Federal Reserve Systems voluntary for state savings banks. Authority for FHLBank and Federal Reserve membership is specifically set forth in sec.7.15(7) of the Texas Savings Bank Act. Previously, sec.77.71(f) of the Rules and Regulations Applicable to Texas Savings Banks required membership in the FHLBank System but did not address Federal Reserve membership or the authority to invest in Federal Reserve stock. In June, 1993, the Office of Thrift Supervision amended its regulations to make membership in the FHLBank System voluntary effective April 19, 1995 (12 CFR sec.563.49, 58 FedReg 14510, March 18, 1993). Under this amendment, membership in the FHLBank System becomes voluntary for all state chartered savings associations under the jurisdiction of the Office of Thrift Supervision. Current Texas savings and loan laws and regulations do not require mandatory membership, thus membership for Texas state chartered savings and loans will be voluntary by operation of law beginning on April 19, 1995. The amendment is proposed for savings banks to ensure that membership requirements are consistent for Texas state chartered savings and loans and savings banks. State chartered savings associations withdrawing from FHLBank membership will be subject to the current statutory prohibition on reentry into the FHLBank system for ten years. De novo savings banks would be authorized to join the FHLBank and Federal Reserve systems but would not be required to do so. Such membership would be a management decision. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 342-114, which provide the Finance Commission of Texas with the authority to promulgate general rules and regulations not inconsistent with the constitution and statutes of the state and, from time to time, to amend same. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 7, 1995. TRD-9504246 James L. Pledger Commissioner Texas Savings and Loan Department Effective date: April 28, 1995 Proposal publication date: December 20, 1994 For further information, please call: (512) 475-1350 TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 89. Adaptations for Special Populations Subchapter G. Special Education Clarification of Provisions in Federal Regulations and State Law 19 TAC sec.89.246 The Texas Education Agency (TEA) adopts the repeal of sec.89.246, concerning the memorandum of understanding (MOU) on transition planning for students enrolled in special education, without changes to the proposed text as published in the February 21, 1995, issue of the Texas Register (20 TexReg 1251). The MOU facilitates coordination of services among state agencies involved in helping students with disabilities make the transition from educational to adult services. The repeal will allow the State Board of Education (SBOE) to adopt an improved MOU. New sec.89.246 will incorporate new federal requirements and clarify the goals of, and responsibilities for, the transition planning process. New sec.89.246 is adopted in a separate submission. No comments were received regarding adoption of the repeal. The repeal is adopted under the following: 20 United States Code, sec.sec.1400 et seq, which requires the state education agency to assure that all children with disabilities have a free, appropriate public education available to them; 34 Code of Federal Regulations, sec.300.600, which requires the state education agency to carry out the provisions of the Individuals with Disabilities Education Act (IDEA); and the Texas Education Code, sec.21.510, which requires the Central Education Agency and certain other state agencies, to develop, mutually agree to, and by rule adopt an MOU that establishes the respective responsibility of each agency for providing services necessary to prepare students enrolled in special education programs for a successful transition to life outside the public school system. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504295 Criss Cloudt Executive Associate Commissioner, Policy Planning and Information Management Texas Education Agency Effective date: May 1, 1995 Proposal publication date: February 21, 1995 For further information, please call: (512) 463-9701 The Texas Education Agency (TEA) adopts new sec.89.246, concerning the memorandum of understanding (MOU) on transition planning for students receiving special education services, with changes to the proposed text as published in the February 21, 1995, issue of the Texas Register (20 TexReg 1251). The MOU facilitates coordination of services among state agencies involved in helping students with disabilities make the transition from educational to adult services. The new rule is necessary to provide students and families opportunities in a continuum of services as students prepare to leave secondary education and enter postsecondary education and work situations. In subsection (a)(3), language was added clarifying compliance issues to meet all federal requirements in the Individuals with Disabilities Education Act (IDEA), Part B, regarding transition. In subsection (d)(2)(A), language was added clarifying requirements regarding advance notice of a transition planning meeting. The new rule incorporates new federal requirements and clarifies the goals of, and responsibilities for, the transition planning process. The repeal of current sec.89.246 is adopted in a separate submission. The following comments were received by TEA regarding adoption of the new rule. The U.S. Department of Education Office of Special Education Programs requested that language be added to the MOU clarifying state education agency compliance issues to meet all federal requirements in the Individuals with Disabilities Education Act (IDEA), Part B, regarding transition. Language was added to subsection (d)(2)(a) to satisfy the request. A task force of school district representatives from the Region 4 Education Service Center (ESC) expressed concerns about issues such as the following: compliance, definitions of new terms, the responsibility of transition planning for students who are incarcerated, reducing the length of the 30-day notice requirement, and clarification of other signatory agency responsibilities. Many of the concerns expressed by the task force address issues related to specific language in the federal regulations (for example, representation at individual transition planning meetings) or to issues that will be clarified through training (for example, data on the functional level of students). All of the concerns have been previously discussed by the rule drafting team, and many have been addressed by adding new language in the provisions of the MOU relating to compliance and the 30-day notice requirement. One member of the public requested information specifying the mechanics for receiving information from other signatory agencies regarding students who are on a long-term care caseload. The individual also requested clarification of the provisions in the MOU concerning local information sharing. A letter was written to the individual explaining that he may request the information he needs from each of the signatory agencies. The letter included an invitation to the individual to participate in the training that will be provided under the MOU. The following comments were received by the Texas Department of Mental Health and Mental Retardation (TDMHMR) and shared with TEA. Gulf Bend Industries expressed concerns about issues such as the anticipated cost of sending staff to transition and review meetings and the lack of cooperation from school districts. Gulf Bend Industries also noted agreement with the idea of the new MOU. The TDMHMR will address Gulf Bend Industries' concerns about cost. The group's concerns about the lack of cooperation from school districts will be addressed during training provided by ESC staff. Life Management Center for MH/MR Services requested clarification of the phrase "other steps" in the provisions of the MOU relating to individual transition planning with individual students. The group also requested clarification regarding specific language in the MOU that describes the responsibilities of TDMHMR. The TDMHMR will address these concerns. The Texas United Regional Networks expressed concerns about whether the student and family will be represented at the individual transition planning meeting and whether training will be provided. Both issues are addressed in detail in the new MOU. Subsection (d)(3)(A) details student and family involvement in the individual transition planning meeting, and subsection (e)(2)(C) details the responsibilities of each signatory agency regarding training. The Richmond State School requested information regarding which agency is responsible for initiating and coordinating local collaborative planning groups and the amount of information local schools districts share with adult service providers. In an effort to enable local communities to design their own planning groups, the responsibility for initiating and coordinating local collaborative planning groups was not designated. Information sharing is a responsibility of the local education agency and is verified by TEA monitoring. Information sharing will be stressed during training. The Heart of Texas Region Mental Health Mental Retardation Center expressed concerns about whether too much of the burden of the individual transition planning process was being placed on the student and parent. The center also expressed the following concerns: that students and families do not know when an individual transition plan is needed and how to receive services; that adult services agencies only become involved when requested and after eligibility has been determined; and that students and parents do not receive sufficient education regarding the transition process. The proposed new MOU addresses the center's concerns in the following ways. Students are empowered to have vision and to make choices for their lives. The local education agency is responsible for making arrangements for the transition meeting, which includes the student, parents, school personnel, agency staff, and others involved in the process. Also, students and parents are offered information relating to the transition process no later than when the child is 14 and younger, if the materials are so requested. The new rule is adopted under the following: 20 United States Code, sec.sec.1400 et seq, which requires the state education agency to assure that all children with disabilities have a free, appropriate public education available to them; 34 Code of Federal Regulations, sec.300.600, which requires the state education agency to carry out the provisions of the IDEA; and the Texas Education Code, sec.21.510, which requires the Central Education Agency and certain other state agencies, to develop, mutually agree to, and by rule adopt an MOU that establishes the respective responsibility of each agency for providing services necessary to prepare students enrolled in special education programs for a successful transition to life outside the public school system. sec.89.246. Memorandum of Understanding on Transition Planning for Students Receiving Special Education Services. (a) Purpose. (1) Under the Texas Education Code, sec.21.510, Transition Planning, the purpose of this memorandum of understanding (MOU) is to establish "the respective responsibility of each agency for the provision of the services necessary to prepare students enrolled in special education programs for a successful transition to life outside the public school system." The MOU is established among the following state agencies: (A) Texas Commission for the Blind; (B) Texas Department of Human Services; (C) Texas Department of Mental Health and Mental Retardation; (D) Texas Education Agency; (E) Texas Employment Commission; (F) Texas Rehabilitation Commission; and (G) Texas Department of Protective and Regulatory Services. (2) This MOU also describes implementation of the transition requirements contained in the Individuals with Disabilities Education Act (IDEA), Public Law 101-476, as amended, and the Rehabilitation Act of 1973, as amended through the 1992 amendments, Public Law 102-569. (3) This MOU assures compliance by the Texas Education Agency in its role and responsibility for assuring the provision of transition services to all students with disabilities beginning no later than age 16, and younger when appropriate. The other signatory agencies assure compliance with the law within the limits of existing resources and services. All agencies acknowledge that current resources and funding levels are not adequate to meet the needs of students receiving special education services who are moving from school to adult life in Texas. To realize the direction of this MOU, agencies and concerned citizens must actively pursue federal, state, and local resources. (b) Preamble. (1) This MOU is intended to result in the development of a human services system in Texas that, in a comprehensive array of coordinated services, offers all citizens with disabilities choices and opportunities to achieve maximum independence and integration in the community. This goal is based on the following beliefs. (A) All people shall have opportunities to choose where to live, work, and play. (B) All people shall have opportunities to make informed choices and control their lives. (C) All people have values, preferences, abilities, responsibilities, and limitations. (D) All people shall have opportunities to access and participate in their communities. (E) People will continue to be influenced by change. (2) Students and parents shall be equipped with the knowledge and skills needed to empower them to plan for their futures and to make effective use of personal and public resources in achieving independence. (3) The MOU is recognized at the local, regional, and state level as: (A) documentation of the agencies' commitment to effecting long-term systemic change that will require extensive interagency collaboration and sharing of resources; (B) a document that authorizes and promotes maximum collaborative participation by local agencies in providing effective transition services for students receiving special education services; and (C) an acknowledgment of the need for parents, consumers, and advocates to support implementation of the MOU and support the agencies in acquiring the resources needed to assist students in becoming successful adults. (c) Individual transition planning with individual students. (1) The individual transition planning process shall be collaborative and based on long-range goals. It shall focus on the student's vision for his or her future to include empowerment and inclusion in the community. (2) Individual transition planning shall be based on current information regarding the student's knowledge, skills, capabilities, interests, and preferences. (3) The individual transition plan shall be a separate document from the individual education plan and focus on considerations that will have the greatest impact on successful independence and integration in the community. Individual transition planning components shall include: (A) identifying the student's expectations after exiting public school, including post-secondary education, integrated employment, vocational training, continuing and adult education, adult services, independent living, community participation, recreation and leisure, as well as other important life considerations; (B) identifying a network of support, such as family, friends, coworkers, agencies, and community resources available to the public, that are needed to achieve the student's desired goals; (C) identifying when and how support services shall be provided; (D) identifying needed transition services that are a coordinated set of activities, including instruction, community experiences, the development of employment and other post-school adult living objectives, and if appropriate, acquisition of daily living skills and functional vocational evaluation; (E) identifying time lines, with projected beginning and ending dates, for all activities leading toward attaining goals; and (F) identifying the needed transition services to facilitate the transition to the home community and to the receiving school district for students who are incarcerated, in addition to the other required components. (4) Individual transition planning shall begin no later than age 16 for each student receiving special education services. Younger students, particularly those who have severe disabilities, are at risk of dropping out of school, or whose needs require early collaboration, shall also receive individual transition planning if recommended by the admission, review, and dismissal (ARD) committee. A signatory agency may request an ARD committee meeting to consider transition planning for a student younger than age 16. (5) A student's progress shall be reviewed and necessary revisions or additions shall be made on each individual transition plan at least annually. (6) Transition planning shall be initiated by the school district. (7) Transition planning and annual reviews of the individual transition plan shall include the following participants: the student; parent/guardian or surrogate; at least one representative from special education; and one additional representative from general education, special education, or vocational education. Other participants may include representatives from community resources that are available to the public and agencies that can assist the student to achieve identified goals. All participants may invite other interested individuals to the meeting. (8) The participants in an individual transition planning meeting shall be determined annually, based on the individual student's needs and plans for the future, and not solely on disability. (9) If an agency that was invited to send a representative to a meeting does not do so, the school district shall take other steps to obtain the participation of the agency in the planning of any transition services outlined in subsection (D) of this section. (10) The relationship of the individual transition plan to the ARD committee process and the individual education plan shall be as follows. (A) The individual transition plan shall be developed apart from and before the individual education plan. To minimize scheduling conflicts, the school district may schedule the development and annual review of the individual transition plan immediately before the ARD committee's development and review of the individual education plan. (B) The transition services identified in the student's individual transition plan that are the responsibility of the school district shall be noted in the student's individual education plan. Beginning no later than age 16, and younger when appropriate, the student's individual education plan shall include a statement of needed transition services that identifies annual goals, short-term objectives, and services and includes instruction, community experiences, the development of employment, and other post-school adult living objectives. If appropriate, the statement also shall address acquisition of daily living skills and functional vocational evaluation. In addition, if appropriate, the individual education plan shall include a statement of each agency's responsibilities before the student leaves the school setting. (C) If the ARD committee determines that services are not needed in one or more of the areas specified in subparagraph (B) of this paragraph, the individual education plan must include a statement indicating this and the basis on which the determination was made. (D) If the individual education plan requires revision due to the development of the individual transition plan, a new ARD committee meeting must be convened as soon as possible to revise the individual education plan. (E) If a school district or agency does not provide transition services agreed on and contained in the individual education plan, the school district shall convene an individual transition planning meeting as soon as possible to identify alternative strategies to meet the transition objectives. An ARD committee meeting shall be convened as soon as possible to adjust the individual education plan to reflect changes in the individual transition plan. (d) Participation. (1) Local collaborative planning meetings. (A) Local collaborative planning groups should develop common goals, productive working relationships, and a written process for implementing and maintaining effective transition planning. These groups should include persons with disabilities, their parents or other family members, educators, agencies and/or their contracted providers, community organizations that provide services to the public, representatives from consumer and/or advocacy organizations, and business and community leaders. (B) Local representatives of agencies and/or their contracted providers should meet with school district staff to develop and implement a plan for agency involvement in transition planning. Part of the process shall involve a review of students' profiles to allow agencies access, before the individual transition plan meeting, to information needed to determine appropriate involvement. (C) Local coordinated planning, adequate notice, and cooperative scheduling is necessary to promote the availability of personnel to attend individual transition planning meetings. (D) Successful individual transition planning is not predicated on participation of all agencies at all meetings. (2) Individual transition planning meetings. The following shall occur for each individual transition plan. (A) The school district shall provide a 30-day advance notice of the transition planning meeting to those invited. If the meeting date is rescheduled, the 30-day notice requirement may be waived if all parties, including the student and the parent, agree. In addition to the requirements of sec.89.229 of this title (relating to Notice Requirements and Complaint Procedures), notice for the purpose of developing an individual transition plan or for including the statement of needed transition services in the individual education plan must indicate this purpose, indicate that the student shall be invited, and identify any other agency that shall be invited to send a representative. (B) At a minimum, agency information or written material shall be available for all invited. The written information shall include: (i) identification of services; (ii) eligibility criteria for services; (iii) availability of services; (iv) cost of services, as applicable; (v) how the service may be accessed; (vi) contact person; (vii) phone number; (viii) address; and (ix) complaint procedure. (C) The following shall occur for a student who is currently receiving services from agencies. (i) Representatives from agencies shall attend individual transition planning and review meetings for the student. (ii) The elements of the student's individual transition plan to be accomplished by an agency shall be included in the agency's individualized plan of service for the student. (D) Agencies are encouraged, based on local collaborative planning and availability of personnel, to attend individual transition planning and review meetings for any student who is not currently receiving, but may be in need of, services. (E) The individual transition plan may include identification of and referral for potential services, but may not include commitment of services for agencies not attending the meeting. (F) Decisions at the individual transition planning meeting shall reflect the intent of a collaborative planning process. (G) A copy of the individual transition plan shall be given to the student and his or her parent, guardian, or surrogate. A copy shall be provided to other participants on request. (3) Attendance of students and parents, guardians, or surrogates. (A) A student and his or her parents are responsible for planning for and attending individual transition planning meetings. They should be prepared to discuss their ideas and visions for the student's adulthood. They are encouraged to bring relevant information and resources. (B) Elements of the individual transition plan that are the responsibility of the student and family shall be identified at the individual transition planning meeting. (4) Texas Commission for the Blind. (A) The Texas Commission for the Blind (TCB) acknowledges its role in providing transition services for students who are blind or visually impaired and receiving special education services. (B) A representative of TCB shall provide periodic training for students who are blind or visually impaired, their parents, and teachers in planning for successful transition. Summer work programs in selected areas for eligible students who are blind or visually impaired shall be offered. (C) Students attending the Texas School for the Blind and Visually Impaired who are eligible for services shall be served by the TCB representative. (D) A student who has not been referred to TCB may be referred before or during his or her individual transition planning meeting. (E) A representative shall provide follow-up services for eligible students after they exit from the public schools to complete vocational rehabilitation services. (5) Texas Department of Human Services. (A) The Texas Department of Human Services (TDHS) acknowledges its role in providing transition services for students receiving special education services. (B) A TDHS representative shall be designated as the contact for the ongoing implementation of this MOU. The representative shall provide information about the range of services available to students with disabilities who meet TDHS program eligibility requirements or to their families. The representative also shall act as departmental liaison to other state agencies and local cooperative planning groups. (C) The TDHS shall send a representative to the individual transition planning or review meetings for students on long-term care caseloads. (6) Texas Department of Mental Health and Mental Retardation. (A) The Texas Department of Mental Health and Mental Retardation (TDMHMR) acknowledges its role in providing transition services for students receiving special education services. (B) Mental Health Authorities (MHA) or Mental Retardation Authorities (MRA) shall send a representative to the individual transition planning or review meetings for students for whom individual program plans, individual treatment plans, or individual habilitation plans have been developed that indicate a comprehensive level of involvement. This does not include students with service plans for information and referral or written plans for in-home and family support. (C) For a student not receiving services, his or her eligibility determination for mental retardation services under the Mentally Retarded Persons Act of 1977, as amended in 1993, may be determined in the following ways. (i) Referrals for determining mental retardation may be made to MRA. (ii) The psychologist or associate psychologist may base the determination on assessment performed by a school district or a public or private agency. Eligibility determination may be expedited by providing MRA a psychological assessment conducted by a physician or psychologist licensed to practice in Texas that includes the following: (I) name of individual assessed; (II) date of birth of individual assessed; (III) address of individual assessed; (IV) dates of assessment; (V) results of previous assessment, listing dates, tests, scores, and examiner names for all previous intellectual and adaptive behavior assessments; (VI) results of current intellectual assessment, listing the names and scores of all intelligence tests administered, including individual scale scores if available; (VII) results of current adaptive behavior assessment, listing the scale names and scores of all standardized adaptive behavior measures administered, including individual scale scores, if available, as well as an overall adaptive behavior level; (VIII) estimated age at which mental retardation was identified, including source of information; (IX) findings, consisting of a narrative description of test results in the areas listed in subclauses (I)-(VII) of this clause. Relative strengths and weaknesses shall be described. Also, considerations of the impact of the person's cultural background, language, communication style, physical or sensory impairments, motivation, emotional factors, and testing conditions on the results shall be included; (X) conclusions, diagnosis (e.g., Diagnostic Statistical Manual IV (DSM) ), and recommendations; and (XI) name, signature, title, and licensure or certification number of examiner. (D) Mental health services under the Texas Children's Mental Health Plan are targeted toward children and adolescents ages 0-17 with severe emotional, behavioral, or mental disorders (excluding a single diagnosis of substance abuse, autism, pervasive developmental disorder, or mental retardation), and at least one of the following: (i) a severe functional impairment; (ii) identification as being at risk of removal from the home or preferred living situation; or (iii) identification as emotionally disturbed in special education. (E) Students meeting the criteria in subparagraph (D) of this paragraph may be referred to MHA for assessment and services. (7) Public education. (A) The Texas Education Agency (TEA) acknowledges its role in assuring that transition services are provided for students receiving special education services. (B) The following services and activities supporting transition shall be provided on an individual basis when determined appropriate by the school district: (i) training for and counseling with students and parents about identifying their expectations and transition service needs; and (ii) training for parents in reinforcing transition skills at home. (C) The following services and activities supporting transition shall be provided on an individual basis by the school district: (i) educational programming and related services, including the following: (I) instruction; (II) community experiences; (III) the development of employment; (IV) other post-school adult living objectives; and (V) if appropriate, acquisition of daily living skills and a functional vocational evaluation, based on the services of the individual transition plan that have been identified as the responsibility of the school district and included in the individual education plan; (ii) development of community-based instructional alternatives focusing on independent living and employment; (iii) development of instructional environments for students age 18-21 receiving special education services, including age-appropriate adult settings; (iv) referral of students and parents to other agencies for service consideration; and (v) provision of information about transition planning annually to each student receiving special education services and his or her family, beginning by age 14 or earlier as requested by the student or parents, until the student's first individual transition plan is developed. (8) Texas Employment Commission. (A) The Texas Employment Commission (TEC) acknowledges its role in providing transition services for students receiving special education services. The TEC helps job-ready applicants secure employment. The same array of services shall be extended to job-ready students with disabilities in their pursuit of vocational opportunities. (B) Texas Employment Commission personnel may be involved in the individual transition planning meetings as local office staffing allows. (C) Primarily, the TEC shall receive referrals from other agencies. (9) Texas Rehabilitation Commission. (A) The Texas Rehabilitation Commission (TRC) acknowledges its role in providing transition services for students receiving special education services. (B) Students currently receiving TRC services are defined as those who have applied and been determined eligible for services. (C) Students attending the Texas School for the Deaf who have been determined eligible for services shall be served by TRC. (D) Students may be referred to TRC at any time. (E) A TRC representative shall provide follow-up services for eligible students after they exit from the public school to complete vocational rehabilitation services. (10) Texas Department of Protective and Regulatory Services. (A) The Texas Department of Protective and Regulatory Services (PRS) acknowledges its role in providing transition services for students receiving special education services who are in the managing conservatorship of PRS or for whom Adult Protective Services has an active case. (B) For any student who is receiving special education services and is in the managing conservatorship of PRS, a Child Protective Services worker or his or her representative, shall be involved in developing and reviewing the student's individual transition plan. (C) For any student aged 18-21 who is receiving special education services and has an active case with Child Protective Services or Adult Protective Services, a Child Protective Services worker or an Adult Protective Services worker or his or her representative shall participate in developing and reviewing the student's individual transition plan. (e) Information sharing. (1) Local. (A) Each spring, each special education program shall provide an aggregate of the following information to TEA and local service agencies: age, gender, ethnicity, disabilities, and functional level of students with individual transition plans. (B) The agencies, within the boundaries of existing law, shall coordinate and share diagnostics with other agencies to enhance transition planning, avoid duplication of effort, and prevent barriers to services. (C) On request, school district, regional education service center (ESC) , and local agency staff shall be available to present information about services to educational or administrative staff, parents, students, or one another. (2) State. (A) The TEA shall provide all signatory agencies an aggregate of the data received, as identified in paragraph (1)(A) of this subsection. (B) The aggregate of data gathered for local planning shall be used for budget development and strategic planning at the state level. (C) Each signatory agency shall provide training for teachers, administrators, counselors, local service agency representatives, and other professionals vested in transition to ensure full participation in the transition planning process. (f) Problem resolution. (1) Efforts shall be made to resolve problems that arise among agency staff at the local level. The local agencies may cooperatively develop and agree on formal procedures for resolving problems. (2) Student or parent complaints concerning the actions of a school district or other service agencies shall be addressed according to that agency's established procedures. (g) Terms of the MOU. This MOU shall be effective when it is adopted by each signatory agency. The MOU may be reviewed and considered for expansion, modification, or amendment at any time the executive officers of the named agencies agree or at least every two years. The MOU remains in effect until TEA adopts proposed changes by rule and all other signatory agencies adopt the changes by reference. The undersigned agree to collaboratively pursue additional resources to fulfill the provisions of this MOU. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504296 Criss Cloudt Executive Associate Commissioner, Policy Planning and Information Management Texas Education Agency Effective date: May 1, 1995 Proposal publication date: February 21, 1995 For further information, please call: (512) 463-9701 TITLE 22. EXAMINING BOARDS Part XXI. Texas State Board of Examiners of Psychologists Chapter 461. General Rulings 22 TAC sec.461.6 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.461.6, concerning File Updates, without changes to the proposed text as published in the March 3, 1995, issue of the Texas Register (20 TexReg 1502). The rule is being amended to clarify the number of days an applicant or a person certified or licensed by the Board has to advise the Board of any changes which should be noted in their professional file. The amended rule will ensure that the information contained in the individual's professional file is current and accurate thereby enabling the public to obtain correct information on any application or person who is certified/licensed by the Board. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 7, 1995. TRD-9504216 Rebecca E. Forkner Executive Director Texas State Board of Examiners of Psychologists Effective date: April 28, 1995 Proposal publication date: March 3, 1995 For further information, please call: (512) 835-2036 22 TAC sec.461.18 The Texas State Board of Examiners of Psychologists adopts new sec.461.18, concerning Complaint Procedure Notification, with changes to the proposed text as published in the March 3, 1995, issue of the Texas Register (20 TexReg 1502). The new rule will bring the rules into line with the Psychologists' Certification and Licensing Act as amended by the 73rd Legislative Session. The new rule will outline the procedures all licensees/certificands must use to inform the general public on how a complaint may be filed with the Board. No comments were received regarding adoption of the new rule. The new rule is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statutes. sec.461.18. Complaint Procedure Notification. (a) Methods of Notification. The Board and its licensees/certificands shall provide notification to the public that complaints can be filed with the Board by publishing the Board's name, its mailing address, and telephone number by the following method. (1) Displaying a sign in a prominent location, on a wall in all rooms where psychological services are conducted in a position that is reasonably likely to be viewed by individuals occupying the room, on paper of no less than 8 1/2 inches by 11 inches in size, with the Board approved notification statement printed in black. The Board approved notification statement must be printed in both English and Spanish. (A) The Board approved English notification statement reads as follows: "Be it known that the Texas State Board of Examiners of Psychologists receives questions and complaints regarding the practice of psychology. For assistance please contact: Texas State Board of Examiners of Psychologists, 9101 Burnet Road, Suite 212, Austin, Texas 78758, (512) 835-2036." (B) The Board approved Spanish notification statement reads as follows: "Se desea informar que la Comision Estatal Examinadora de Psicologos de Texas recibe toda clase de consultas y quejas sobre el ejercicio profesional de la psicologia en el Estado de Texas. Si usted necesita de este servicio, comuniquese con: Texas State Board of Examiners of Psychologists, 9101 Burnet Road, Suite 212, Austin, Texas 78758, (512) 835-2036." (2) The Board approved notification statement is provided to all Licensed Psychological Associates, Certified Psychologists, and Licensed Psychologists at the time of licensure. Additional Board approved notification statements may be obtained directly from the Board's office at any time. (b) In addition to the Board approved notification sign, licensees and certificands may also notify consumers by the following methods: (1) on each registration form, application, or written contract for services of an individual or entity regulated by the Board; or (2) in a bill for services provided by an individual or entity regulated by the Board. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 7, 1995. TRD-9504217 Rebecca E. Forkner Executive Director Texas State Board of Examiners of Psychologists Effective date: April 28, 1995 Proposal publication date: March 3, 1995 For further information, please call: (512) 835-2036 22 TAC sec.461.19 The Texas State Board of Examiners of Psychologists adopts new sec.461.19, concerning Standardized Grievance Form, without changes to the proposed text as published in the March 3, 1995, issue of the Texas Register (20 TexReg 1503). The new rule will bring the rules into line with the Psychologists' Certification and Licensing Act as amended by the 73rd Legislative Session. The new rule will standardize the form used to file complaints with the Board, as well as to include helpful information for filing complaints, thereby clarifying and simplifying the procedure used by the general public to file a complaint and include all necessary information. No comments were received regarding adoption of the new rule. The new rule is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statutes. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 7, 1995. TRD-9504218 Rebecca E. Forkner Executive Director Texas State Board of Examiners of Psychologists Effective date: April 28, 1995 Proposal publication date: March 3, 1995 For further information, please call: (512) 835-2036 22 TAC sec.461.20 The Texas State Board of Examiners of Psychologists adopts new sec.461.20, concerning the Monitoring of Licensure or Certificate Holders, without changes to the proposed text as published in the March 3, 1995, issue of the Texas Register (20 TexReg 1503). The new rule will bring the rules into line with the Psychologists' Certification and Licensing Act as amended by the 73rd Legislative Session. The new rule will clearly identify which division of the Board's office is responsible for the monitoring of license or certificate holders ordered to perform certain acts by the Board, thereby ensuring that those who are required to perform certain acts by the Board are providing the best services possible to the general public. No comments were received regarding adoption of the new rule. The new rule is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 7, 1995. TRD-9504219 Rebecca E. Forkner Executive Director Texas State Board of Examiners of Psychologists Effective date: April 28, 1995 Proposal publication date: March 3, 1995 For further information, please call: (512) 835-2036 22 TAC sec.461.21 The Texas State Board of Examiners of Psychologists adopts new sec.461.21, concerning Complaint Investigation and Disposition, without changes to the proposed text as published in the March 3, 1995, issue of the Texas Register (20 TexReg 1504). The new rule will bring the rules into line with the Psychologists' Certification and Licensing Act as amended by the 73rd Legislative Session. The new rule will inform the general public and all concerned parties the means by which the Board prioritizes categories of complaints received by the Board, will ensure that all persons filing complaints will be provided with an opportunity to explain their allegations and will ensure that complaints are not dismissed without appropriate consideration. No comments were received regarding adoption of the new rule. The new rule is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 7, 1995. TRD-9504220 Rebecca E. Forkner Executive Director Texas State Board of Examiners of Psychologists Effective date: April 28, 1995 Proposal publication date: March 3, 1995 For further information, please call: (512) 835-2036 22 TAC sec.461.22 The Texas State Board of Examiners of Psychologists adopts new sec.461.22, concerning Temporary Suspension of a License, without changes to the proposed text as published in the March 3, 1995, issue of the Texas Register (20 TexReg 1504). The new rule will bring the rules into line with the Psychologists' Certification and Licensing Act as amended by the 73rd Legislative Session. The new rule will outline and clarify the procedure used by the Board for the temporary suspension of a license/certificate, thereby making the process easier for applicants, licensees/certificands and the general public to understand. No comments were received regarding adoption of the new rule. The new rule is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 7, 1995. TRD-9504221 Rebecca E. Forkner Executive Director Texas State Board of Examiners of Psychologists Effective date: April 28, 1995 Proposal publication date: March 3, 1995 For further information, please call: (512) 835-2036 Chapter 463. Applications 22 TAC sec.463.3 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.463.3, concerning the Date of Completion of Requirements, without changes to the proposed text as published in the March 3, 1995, issue of the Texas Register (20 TexReg 1505). The amendment will clarify the date accepted by the Board for completion of requirements for a degree. The amended rule will make the rules easier to understand and follow for licensees/certificands and the general public. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 7, 1995. TRD-9504222 Rebecca E. Forkner Executive Director Texas State Board of Examiners of Psychologists Effective date: April 28, 1995 Proposal publication date: March 3, 1995 For further information, please call: (512) 835-2036 22 TAC sec.463.5 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.463.5, concerning Application File Requirements, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1607). The rule is being amended to clarify the requirements for a certified psychologist, to add the requirement for a passport picture for applicants 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. The amended rule will make the rules applicable to all applicants and will ensure that the requirements are stipulated for all levels of applications so that the rules are easier to follow and understand. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 7, 1995. TRD-9504223 Rebecca E. Forkner Executive Director Texas State Board of Examiners of Psychologists Effective date: April 28, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 835-2036 22 TAC sec.463.16 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.463.16, concerning Degree Requirements for Certification of Psychologists, without changes to the proposed text as published in the March 3, 1995, issue of the Texas Register (20 TexReg 1505). The amendment will bring the rule into compliance with the Psychologists' Certification and Licensing Act as amended by the 73rd Legislative Session. The amended rule will make the rules more clearly harmonize with the law so that they are easier to understand and follow for applicants, certificands, licensees and the general public. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 7, 1995. TRD-9504224 Rebecca E. Forkner Executive Director Texas State Board of Examiners of Psychologists Effective date: April 28, 1995 Proposal publication date: March 3, 1995 For further information, please call: (512) 835-2036 Chapter 465. Rules of Practice 22 TAC sec.465.2 The Texas State Board of Examiners of Psychologists adopts the repeal of sec.465.2, concerning Release of Patient or Client Information, without changes to the proposed text as published in the October 7, 1994, issue of the Texas Register (19 TexReg 7975). The rule is being repealed because the rule is being incorporated into a new rule. The repeal of the rule will streamline the rules and make them easier to understand and follow for certificands, licensees, and the general public. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 7, 1995. TRD-9504225 Rebecca E. Forkner Executive Director Texas State Board of Examiners of Psychologists Effective date: April 28, 1995 Proposal publication date: October 7, 1994 For further information, please call: (512) 835-2036 22 TAC sec.465.11 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.465.11, concerning Termination of Employment, without changes to the proposed text as published in the March 3, 1995, issue of the Texas Register (20 TexReg 1505). The rule is being amended to incorporate a portion of the rule into a new rule. The amended rule will streamline the rules and make them easier to understand and follow for applicants, certificands, licensees and the general public. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 7, 1995. TRD-9504226 Rebecca E. Forkner Executive Director Texas State Board of Examiners of Psychologists Effective date: April 28, 1995 Proposal publication date: March 3, 1995 For further information, please call: (512) 835-2036 22 TAC sec.465.17 The Texas State Board of Examiners of Psychologists adopts the repeal of sec.465.17, concerning Continuity of Care, without changes to the proposed text as published in the October 7, 1994, issue of the Texas Register (19 TexReg 7976). The rule is being repealed because the rule is being incorporated into a new rule. The repeal will streamline the rules and make them easier to understand and follow for certificands, licensees and the general public. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 7, 1995. TRD-9504227 Rebecca E. Forkner Executive Director Texas State Board of Examiners of Psychologists Effective date: April 28, 1995 Proposal publication date: October 7, 1994 For further information, please call: (512) 835-2036 22 TAC sec.465.22 The Texas State Board of Examiners of Psychologists adopts the repeal of sec.465.22, concerning Record Maintenance, without changes to the proposed text as published in the October 7, 1994, issue of the Texas Register (19 TexReg 7977). The rule is being repealed because the Board is replacing the present record maintenance requirements with a rule which accurately reflects the Board's requirements and professional standards. The repeal will ensure that certificands/licensees will no longer have to adhere to the rule. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 7, 1995. TRD-9504228 Rebecca E. Forkner Executive Director Texas State Board of Examiners of Psychologists Effective date: April 28, 1995 Proposal publication date: October 7, 1994 For further information, please call: (512) 835-2036 The Texas State Board of Examiners of Psychologists adopts new sec.465.22, concerning Psychological Records, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1610). The new rule is being adopted to replace the record maintenance requirements with a rule which more accurately reflects the Board's requirements and professional standards. The new rule will inform certificands/licensees, as well as the consuming public, of the time limits required for record maintenance. No comments were received regarding adoption of the new rule. The new rule is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 7, 1995. TRD-9504229 Rebecca E. Forkner Executive Director Texas State Board of Examiners of Psychologists Effective date: April 28, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 835-2036 22 TAC sec.465.24 The Texas State Board of Examiners of Psychologists adopts the repeal of sec.465.24, concerning Record Disposition, without changes to the proposed text as published in the October 7, 1994, issue of the Texas Register (19 TexReg 7978). The rule is being repealed because the rule is being incorporated into a new rule. The repeal will streamline the rules and make them easier to understand and follow for certificands, licensees, and the general public. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of psychologists with the authority to promulgate rules consistent with the Statute. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 7, 1995. TRD-9504230 Rebecca E. Forkner Executive Director Texas State Board of Examiners of Psychologists Effective date: April 28, 1995 Proposal publication date: October 7, 1994 For further information, please call: (512) 835-2036 TITLE 30. ENVIRONMENTAL QUALITY Part I. Texas Natural Resource Conservation Commission Chapter 330. Municipal Solid Waste Subchapter Q. Memoranda of Understanding and Joint Rules with Other Agencies 30 TAC sec.330.735 The Texas Natural Resource Conservation Commission (the commission) adopts new sec.330.735, concerning a Memorandum of Understanding (MOU) between the commission and the Texas Department of Health (hereinafter agencies), with changes to the proposed text as published in the December 6, 1994, issue of the Texas Register (19 TexReg 9592). The MOU concerns the jurisdictions and responsibilities of the respective agencies with regard to the treatment, storage, processing, and/or disposal of special wastes from health care related facilities. The commission (successor agency to the Texas Water Commission) and the Texas Department of Health have completed discussions to interpret their respective jurisdictions and understanding regarding the treatment, handling, storage, processing and/or disposal of special wastes from health care related facilities. The agencies discussed their respective rules concerning special waste from health care related facilities, and concluded that clarification of their jurisdiction and understanding concerning special waste from health care related facilities was necessary to avoid duplication of efforts by the agencies, to inform the general public and affected industries, and to promote efficient administration. Treatment processes for special waste from health care related facilities are being steadily developed so that such waste may be appropriately treated and disposed of without harming public health and safety. Therefore, the agencies agreed to interpret their respective jurisdictions and understanding regarding special wastes from health care related facilities in an MOU. No comments were received concerning this proposed rule. The new section is adopted under the Texas Health and Safety Code, Chapter 361, which provides the commission all powers necessary and convenient under the chapter to carry out its responsibilities concerning the regulation and management of municipal solid waste. 330.735. Memorandum of Understanding between the Texas Natural Resource Conservation Commission and the Texas Department of Health concerning Special Wastes from Health Care Related Facilities. (a) Authority concerning special wastes from health care related facilities. Texas Natural Resource Conservation Commission and the Texas Department of Health, hereinafter "agencies," agree that pursuant to Texas Water Code, sec.5.012; Texas Health and Safety Code, Chapter 361; and Texas Health and Safety Code, sec.sec.12.001, 12.032, 81.081-81.092, 142.012, 241.026, 243.009, 244.009, 245.009, 245.010, 694.001, and 773.050, both agencies possess authority regarding special waste from health care related facilities. The agencies also agree that special expertise resides in each agency related to its area of authority and responsibility. The Texas Natural Resource Conservation Commission possesses authority over the treatment, handling, storage, processing and/or disposal of these wastes, including enforcement authority. The Texas Department of Health possesses authority over the approval of methods for the treatment of special waste from health care related facilities, identifying entities that are subject to its approval provisions and the orderly application of its approval provisions to the covered entities. (b) Understanding concerning special waste from health care related facilities. (1) The Texas Natural Resource Conservation Commission will: (A) keep the Texas Department of Health informed of any need to amend the Texas Natural Resource Conservation Commission rules related to special waste from health care related facilities, and, if needed, will work closely with the Texas Department of Health to revise its rules; (B) inform the Texas Department of Health of all treatment technologies, equipment or processes that fail to meet the Department of Health's Performance Standards; (C) notify the Texas Department of Health concerning formal enforcement actions that involve treatment technologies, equipment or processes; (D) allow the Texas Department of Health's approved methods for the treatment of special waste from health care related facilities to be used to process said waste in Municipal Solid Waste Type V facilities; (E) allow special wastes from health care related facilities that have been treated by a Texas Department of Health approved process to be disposed of at Municipal Solid Waste Type I facilities; and (F) apply the Texas Department of Health's standards for special waste from health care-related facilities. (2) The Texas Department of Health will: (A) keep the Texas Natural Resource Conservation Commission informed of any need to amend the Texas Department of Health Rules for Special Waste from Health Care Related Facilities, and, if needed, will work closely with the Texas Natural Resource Conservation Commission to revise its rules; (B) provide the Texas Natural Resource Conservation Commission with a listing of the approved alternative treatment technologies by manufacturer, model identification, and other specifics as needed; (C) upon request, provide the Texas Natural Resource Conservation Commission with documentation provided by the manufacturers of commercially-available technologies, equipment, or processes approved for the treatment of special waste from health care-related facilities; and (D) provide the Texas Natural Resource Conservation Commission with a listing of the waste categories that may be treated with each approved alternative technology. (c) Disclaimer. This Memorandum of Understanding is being entered into by the Texas Natural Resource Conservation Commission and the Texas Department of Health, and is not intended to affect the jurisdiction of any other governmental entities. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 12, 1995. TRD-9504493 Lydia Gonzalez-Gromatzky Acting Director, Legal Division Texas Natural Resource Conservation Commission Effective date: May 3, 1995 Proposal publication date: December 6, 1994 For further information, please call: (512) 239-6087 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Department Chapter 65. Wildlife Subchapter A. Statewide Hunting and Fishing Proclamation The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing on March 23, 1995, adopted the repeal of sec. sec.65.1, 65.3, 65.5, 65.9, 65.11, 65.13, 65.15, 65.17, 65.19, 65.21, 65.23, 65.25-65.29, 65.31-65.33, 65. 36, 65.38, 65.40, 65.42, 65.44, 65.46, 65.48, 65.50, 65.52, 65.54, 65.56, 65. 58, 65.60, 65.62, 65.64, 65.66, 65.68, 65.70, 65.72, 65.78, 65.82, and 65.91; and new sec.sec.65.1, 65.3, 65.5, 65.9, 65.11, 65.13, 65.15, 65.17, 65.19, 65.21, 65.23, 65.25-65.29, 65.31-65.34, 65.36-65.38, 65.40, 65.42, 65.44, 65.46, 65. 48, 65.50, 65.52, 65.54, 65.56, 65.58, 65.60, 65.62, 65.64, 65.66, 65.71, 65. 72, 65.78, 65.82, 65.90, and 65.91, concerning the Statewide Hunting and Fishing Proclamation. The repeals are adopted without changes to the proposed text as published in the February 17, 1995, issue of the Texas Register (20 TexReg 1069) and will not be republished. Sections 65.42, 65.64, and 65.72 are adopted with changes to the proposed text as published in the February 17, 1995, issue of the Texas Register (20 TexReg 1069). Sections 65.1, 65.3, 65.5, 65.9, 65.11, 65.13, 65.15, 65.17, 65.19, 65.21, 65.23, 65.25-65.29, 65. 31- 65.34, 65.36-65.38, 65.40, 65.44, 65.46, 65.48, 65.50, 65.52, 65.54, 65.56, 65.58, 65.60, 65.62, 65.66, 65.71, 65.78, 65.82, 65.90, and 65.91 are adopted without changes to the proposed text and will not be republished. The change to sec.65.42, concerning Deer: White-tailed and Mule Deer, and sec.65.64, concerning Turkey, adds an extra day to the archery-only season, giving archers five full weekends of hunting opportunity. Section 65.64 was also changed so that the turkey season runs concurrently with deer season in the portions of Kinney, Medina, and Uvalde counties south of U.S. Highway 90, and in the portion of Val Verde County both south of U.S. Highway 90 and east of Spur 239/227S. The change to sec.65.72, concerning Fish, sets a new timeframe for the possession of live nongame fish aboard a vessel licensed for commercial bait shrimp fishing, and specifies that the new timeframe shall take effect on June 1, 1995. The repeals are necessary for the promulgation of new rules. The new rules set the seasons, bag limits, and means and methods for taking wildlife resources in the state, and are necessary to fulfill the department's obligation to prevent depletion and waste of the state's wildlife resources. The repeals function by eliminating existing rules. The new rules will function by reducing the vulnerability of wildlife species to take, preventing over- harvest, equitably distributing the available harvest and, in general, preserving and enhancing existing populations while allowing for harvest according to prescribed wildlife and fisheries tenets. Additionally, the new rules reorganize the various provisions for hunting and fishing in the state in order to facilitate more efficient rulemaking activities in the future, and to conform terminology and references. New sec.65.1, concerning Application, delineates the scope of the new rules. The rules are designed to prevent depletion or waste, to simplify regulations for law enforcement, to provide harvest opportunity of fisheries and wildlife resources consistent with acknowledged fisheries and wildlife tenets. New sec.65.3, concerning Definitions, stipulates the meanings of various words and terms used throughout the subchapter, and adds definitions to distinguish the different types of antlerless deer permits. New sec.65.5, concerning Importation of a Wildlife Resource, specifies under what circumstances and conditions a wildlife resource may or may not be brought into the state. New sec.65.9, concerning Open Seasons: General Rules, sets out the broadly inclusive stipulations concerning open seasons generally, and qualifies the meaning of antelope to specifically refer to pronghorn antelope (this reference is standardized throughout the subchapter). New sec.65.11, concerning Means and Methods, delineates the legal means and methods for hunting and fishing in the state. New sec.65.13, concerning Firearms, specifies lawful devices for the taking of game animals and game birds. New sec.65.15, concerning Archery, sets out specific provisions for hunting by means of archery, specifies that archery hunting is not permitted during a special muzzleloader-only antlerless deer season, and prohibits the use of arrows treated with poisons, drugs, or explosives for hunting any species of wildlife resource. New sec.65.17, concerning Hunting from Vehicle, addresses hunting from vehicles and refines the prohibition against taking pheasants by means of certain devices. New sec.65.19, concerning Hunting Deer with Dogs, delineates the regulations with respect to the use of dogs in the hunting of deer. New sec.65.21, concerning Falconry, sets out the provisions for hunting with raptors. New sec.65.23, concerning Calling Devices, prohibits the use of electronic or amplified calling devices. New sec.65.25, concerning Nuisance Squirrels, provides for the trapping and release of nuisance squirrels. New sec.65.26, concerning Antlerless and Spike-Buck Deer Harvest Systems, delineates the three antlerless deer harvest and permitting systems, and makes minor housekeeping changes. New sec.65.28, concerning Managed Lands Buck Permits, specifies the requirements for the taking of buck deer on managed lands. New sec.65.29, concerning Pronghorn Antelope Permits, sets out the conditions for the harvesting of pronghorn antelope. New sec.65.31, concerning Antlerless Mule Deer Permits, sets out the conditions under which the department may issue permits for the taking of antlerless mule deer. New sec.65.32, concerning Mandatory Deer Check Stations, stipulates the procedures to be followed in counties where the department has established mandatory deer check stations. New sec.65.33, concerning Elk, stipulates the conditions under which elk may be harvested. New sec.65.34, concerning Migratory Game Birds, addresses the taking of migratory game bird species. New sec.65.36, concerning Fur-bearing Animals, addresses the taking of fur- bearing animals. New sec.65.37, concerning Alligators, addresses the taking of alligators. New sec.65.38, concerning Open Seasons and Bag Limits for Game Animals, specifies the various sections of the subchapter relating to specific game animals. New sec.sec.65.40, 65.42, 65.44, 65.46, 65.48, 65.52, 65.54, 65.56, 65.58, 65. 60, 65.62, 65.64, and 65.66 set the open seasons, bag limits, and means and methods for the taking of pronghorn antelope, deer, javelina, squirrel, desert bighorn sheep, elk, aoudad sheep, game birds, prairie chicken, partridge, pheasant, quail, turkey, and chachalaca, respectively. In new sec.65.42, concerning Deer: White-tailed and Mule Deer, the mandatory white-tailed deer check stations in Hopkins and Hunt counties are removed; in Borden County, antlerless white-tailed deer may be taken during the first six days of the season or by WHHAR permit; Hansford County will have an open archery and general season for white-tailed deer; Kaufman County will have an open general season for white-tailed deer; Kinney, Medina, Uvalde (south of US Highway 90) and Val Verde (south of US 90 and east of Spur 239/277S) counties will have a five-deer bag limit (no more than three bucks) for white-tailed deer; and Collingsworth County will have an open archery and general season for mule deer. In new sec.65.64, concerning Turkey, the spring season will be opened in Fayette and Lee counties; the bag composition in Val Verde County (both south of US Highway 90 and east of Spur 239/277S) will change to four turkeys, either sex; and in Brooks, Kenedy and Kleberg counties the closing date of the fall season will be extended to the last Sunday in February. New sec.65.71, concerning Community Fishing Lakes and Reservoir Boundaries, designates community fishing lakes, adds new community fishing lakes, and defines the boundaries of selected reservoirs. New sec.65.72, concerning Fish, specifies that the holder of an Exempt Red Drum Tag is prohibited from simultaneously possessing both that tag and a Bonus Red Drum Tag; specifies that holders of an Exempt Red Drum Tag are subject to the special regulations regarding possession of red drum over the stated maximum size limit; changes the daily bag limit, possession limit, and minimum size limit for snook; specifies that game and nongame fish may be taken only by pole and line in community fishing lakes and in reservoirs or sections of rivers within state parks; allows, under certain conditions, up to 1,200 live nongame fish not regulated by bag or size limits to be retained aboard a licensed commercial bait shrimp vessel; standardizes daily bag limits for most largemouth bass length limit exceptions, changes the minimum length and daily bag limit on Braunig Reservoir and 90 Acre Lake on the Calliham Unit of Choke Canyon State Park, and changes the minimum length limit on Champion Creek Reservoir; changes minimum length limit for striped bass on the Red River from Denison Dam to Shawnee Creek; changes the minimum length for white bass on the Colorado River and its major tributaries from Lake Travis to the US Highway 190 bridge, on Georgetown and Canyon reservoirs; changes the boundary between 10-inch and 12- inch minimum length limits for white bass from Lake Mexia to Fort Parker State Park Lake; changes the statewide minimum length limit for channel and blue catfish, eliminates exceptions on reservoirs with a 14-inch minimum length limit and 15-fish bag limit, 14-inch/five-fish limit, and 12-inch/three-fish limit, and establishes bag limits on community fishing lakes; changes statewide minimum length limit for flathead catfish, with an exception; and changes the daily bag limit for both white and black crappie on Choke Canyon Reservoir. New sec.65.78, concerning Crabs, specifies the bag, possession, and size limits, and the means and methods for taking crab. New sec.65.90, concerning Effective Date, specifies the effective date of the subchapter. New sec.65.91, concerning Penalty for Violation, addresses penalties for violations of the provisions of the subchapter. The rules as adopted are necessary to appropriately manage wildlife and fisheries resources through the use of means, methods and manners, bag and possession limits, clarify the rules for law enforcement purposes, and protect the fisheries and wildlife resources from over harvest. The department received 673 comments from the public concerning the new rules. Public comment was taken at 41 public hearings conducted statewide between February 27 and March 8, 1995. Notice of the hearings was published in local newspapers in each locality at least ten days prior to the hearing and news releases were sent to 161 newspapers across the state. Comments were also received by telephone and correspondence during the comment period. Several commenters requested additional game wardens. The department responds that the number of game wardens is fixed by the legislature and the Law Enforcement Division allocates resources to provide the greatest possible coverage across the state. No changes were made as a result of the comments. Several commenters, including the Texas Sportsmen's Association, requested adjustments to season lengths, bag limits, and bag compositions. The department responds that season lengths, bag limits, and bag compositions are set as sound biological practices warrant and upon required findings of fact as required by Parks and Wildlife Code, Chapter 61. The department evaluated all requests, and except for the extension of the archery-only season for deer and turkey, and the change to make turkey and deer seasons concurrent in parts of four counties, no changes were made as a result of public comment. One commenter requested a separate muzzleloader season and suggested a muzzleloader stamp. The department responds that there already is a muzzleloader-only season that requires the purchase of a muzzleloader hunting stamp. One commenter requested that the muzzleloader-only season be enlarged for the take of buck as well as doe. The department disagrees with the commenter, because all special late-seasons for white-tailed deer were developed to encourage harvest of antlerless deer. No changes were made as a result of the comment. One commenter requested cormorant control in Bell County. The department responds that cormorants are protected under federal law. No changes were made as a result of the comment. One comment by Lone Star Bowhunters Association requested an extra day to be added to the archery special season in order to make five full weekends available to bowhunters. The department agrees with the comment and the change has been made accordingly. One commenter requested provisions allowing the use of crossbows by special permit for the taking of deer, turkeys, hogs and javelinas during December. The department responds that at this time there are no plans to implement such a permit, but that the comment will be taken under advisement. No changes were made as a result of the comment. Several commenters requested that the aged and infirm be allowed to use crossbows to harvest deer during gun season. The department responds that at this time there are no plans for such a provision, but that the comment will be taken under advisement. No changes were made as a result of the comments. Several commenters disapproved of early archery season and requested that archery deer season be moved so that it follows the regular gun season. The department responds that it disagrees with the comments because the early season allows greater hunter opportunity. No changes were made as a result of the comments. One commenter requested a special muzzleloader season for the two weeks following the regular gun season. The department responds that it disagrees with the comment because the present muzzleloader season is sufficient and because muzzleloaders may be used during the general season. No changes were made as a result of the comment. One commenter request the limitation of public access by non-hunters on the Canadian River during deer season. The department responds that the Texas General Land Office is the custodian of public lands on the Canadian River. One commenter suggested that the LAMPS form is too complicated. The department responds that the information required is the minimum amount necessary to accomplish the permitting. No changes were made as a result of the comment. Several commenters opposed the proposal to eliminate the mandatory deer check stations in Hopkins County. The department disagrees with the comments because mandatory deer check stations are for research purposes only and the department has gathered sufficient data in that county. No changes were made as a result of the comments. One commenter requested the easing of regulatory restrictions on adults hunting or fishing with children. The department responds that the request did not cite specific complaints or suggest specific actions; therefore, the department is unable to determine the exact expectations of the commenter. No changes were made as a result of the comment. One commenter requested that hunters be required to wear their hunting or fishing license on their persons. The department responds that no changes to the regulations regarding the possession or display of licenses are planned at present, but the comment will be taken under advisement. No changes were made as a result of the comment. One commenter requested the abolition of LAMPS or extra doe permits in Tyler County and several commenters strongly opposed LAMPS in Jefferson County. The department disagrees with the commenters, and responds that there are alternatives to the LAMPS program, such as wildlife habitat harvest annual recommendations, that can be developed between the department and landowners. No changes were made as a result of the comment. One commenter requested the elimination of the license requirement for hunting feral hogs. The department disagrees with the comment because the statutory requirements of the Parks and Wildlife Code, sec.42.002, require the possession of a valid hunting license for hunting wildlife resources, with certain exceptions. No changes were made as a result of the comment. One commenter requested a muzzleloader season in Hays County. The department responds that the current 26-county region open to muzzleloaders is an area that can sustain additional harvest without damaging the resource. No changes were made as a result of the comment. One commenter requested moving muzzleloader doe season to October. The department responds that the current muzzleloader season was set in order to provide additional hunter opportunity without conflict with other user groups. No changes were made as a result of the comment. One commenter was opposed to any change in Medina County white-tailed deer regulations. The department responds that white-tailed deer regulations in Medina County were adjusted in accordance with sound biological practice to eliminate hunter confusion and enhance law enforcement. No changes were made as a result of the comment. One commenter requested that fall turkey season in Medina, Kinney, Uvalde, and Val Verde counties be lengthened to correspond to proposed deer regulations. The department agreed with the commenter and the change has been made accordingly. Several commenters were in favor of the proposed changes to the daily bag for largemouth bass on reservoirs with exceptions to the statewide 18-inch minimum length limit. One commenter requested slot length limits for bass, especially for Lake O. H. Ivie, and one commenter requested slot length limits for bass in Martin Creek Lake. The department responds that regulations are set as sound biological practices warrant and upon required findings of fact pursuant to Parks and Wildlife Code, Chapter 61. The requests were evaluated and no changes were made as a result of the comments. One commenter was against the statewide 14-inch minimum length limit for largemouth bass. The department responds that data has shown improved bass populations statewide since the 14-inch minimum length limit was implemented. No changes were made as a result of the comment. Several commenters opposed the increase in minimum length limit from 10 to 12 inches for white bass on Lake Travis. The department responds that the goal of the regulation is to increase the abundance and size of white bass, thus improving harvest. No changes were made as a result of the comments. One commenter was in favor of the 12-inch minimum length limit for Brazos River white bass, one commenter opposed the proposal, and one commenter wanted all reservoirs to go back to the 10-inch minimum length limit. The department responds that no proposals were made to extend the 12-inch limit to areas, rivers, or reservoirs than those listed. The department continues to evaluate the existing 12-inch limit on five reservoirs. No changes were made as a result of the comments. Several commenters favored and several commenters were opposed to the proposal to change the statewide minimum length limit on blue and channel catfish from 9 to 12 inches. The department responds that the proposal is intended to improve harvest by increasing the average size of fish available for harvest. Harvest in some reservoirs may initially decrease but will increase as more catfish grow to and above 12 inches. No changes were made as a result of the comments. Several commenters favored and several commenters opposed the proposal to decrease the minimum length limit for flathead catfish from 24 to 18 inches. Most comments in opposition suggested keeping the limit at 24 inches or raising it. The department responds that the 24-inch limit was based a more conservative protection goal for flathead catfish. A limit of 18 inches will provide adequate protection to flathead populations. No changes were made as a result of the comments. One commenter opposed increasing the daily bag limit for crappie on Choke Canyon Reservoir from 15 to 25 on the basis that it was not biologically justified. The department responds that it disagrees with the comment. Analysis of angler harvest data shows that few crappie anglers harvest more than five fish; therefore, changing the bag will not have a biological impact on the crappie population in Choke Canyon. No changes were made as a result of the comments. One commenter was in favor of the proposed bait trawl exemptions for commercial bait shrimp trawls, and several recommended changing the dates of the exemption period. The department agrees with the suggestion and the change has been made accordingly. Several commenters opposed the proposed 60-day bait trawl exemption. The department responds that it disagrees with the commenters. The proposed exemption is designed to provide live fish as bait during the summer period when bait shrimp are less abundant. At all other times the amount of bait shrimp should be adequate to meet demand, and live bait fish can be obtained in amounts up to 50% of the weight of the total trawl catch. No changes were made as a result of the comments. Several commenters opposed the proposed 1,200-fish limit for the commercial bait trawl exemption. The department disagrees with the commenters. The number of fish as originally proposed will allow for adequate harvest of bait fish while minimizing mortality caused by overcrowding of fish in live boxes on shrimp boats. No changes were made as a result of the comments. Several commenters were in favor of the proposed Exempt Red Drum Tag. Several commenters were opposed to the proposed fee for the Exempt Red Drum Tag. The department responds that a nominal fee is necessary in order to cover administrative costs and associated license deputy issuance fees. No changes were made as a result of the comments. Several commenters opposed the proposal requiring exempt anglers to possess an Exempt Red Drum Tag. The department responds that it cannot justify providing uncontrolled and unmonitored access to a limited resource such as adult red drum. An Exempt Red Drum Tag will allow staff to monitor fishing pressure of and harvest by users of the tag. No changes were made as a result of the comments. Several commenters opposed providing a special Exempt Red Drum Tag to exempt anglers. The department disagrees with the commenters because senior citizens and youth historically have been provided special consideration as a result of their age. Offering an Exempt Red Drum Tag at a reduced rate continues this consideration, while allowing the agency to recoup administrative costs of the tag. No changes were made as a result of the comments. Several commenters requested allowance of individual bait shrimp trawl mesh size smaller than 1-3/4 inches. The department disagrees with the commenters, and responds that smaller mesh sizes increase by-catch and by-catch mortality. No changes were made as a result of the comments. Several commenters requested a daily limit of 200 fish for sport shrimp trawls. The department responds that users of this device to are at present allowed to harvest of any number of fish for bait. No changes were made as a result of the comments. Several commenters requested that the sand pump be made a legal device for taking aquatic organisms, and several commenters requested that the sand pump be made a legal device, but with caution about harvest. The department responds that the comments have been taken under advisement and that the issue will be addressed by rulemaking in the near future. No changes were made as a result of the comments. Several commenters requested that the harvest of flounder by gig be prohibited. The department responds that the comments have been taken under advisement and the issue is being investigated. No changes were made as a result of the comments. All comments received during public hearings, by correspondence or telephone, or during the Commission's public hearing are available for public inspection at the Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744. 31 TAC sec.sec.65.1, 65.3, 65.5, 65.9, 65.11, 65.13, 65.15, 65.17, 65.19, 65.21, 65.23, 65.25-65.29, 65.31-65.33, 65.36, 65.38, 65.40, 65.42, 65. 44, 65.46, 65.48, 65.50, 65.52, 65.54, 65.56, 65.58, 65.60, 65.62, 65.64, 65. 66, 65.68, 65.70, 65.72, 65.78, 65.82, 65.91 The repeals are adopted under the Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983), which provides the Parks and Wildlife Commission with the authority to establish wildlife resource regulations for this state. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 5, 1995. TRD-9504193 Paul M. Shinkawa Acting General Counsel Texas Parks and Wildlife Department Effective date: April 27, 1995 Proposal publication date: February 17, 1995 For further information, please call: (512) 389-4642 General Provisions 31 TAC sec.sec.65.1, 65.3, 65.5, 65.9, 65.11, 65.13, 65.15, 65.17, 65.19, 65.21, 65.23, 65.25-65.29, 65.31-65.34, 65.36, 65.37 The new sections are adopted under the Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983), which provides the Parks and Wildlife Commission with the authority to establish wildlife resource regulations for this state. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 5, 1995. TRD-9504192 Paul M. Shinkawa Acting General Counsel Texas Parks and Wildlife Department Effective date: April 27, 1995 Proposal publication date: February 17, 1995 For further information, please call: (512) 389-4642 Seasons and Bag Limits-Hunting Provisions 31 TAC sec.sec.65.38, 65.40, 65.42, 65.44, 65.46, 65.48, 65.50, 65.52, 65.54, 65.56, 65.58, 65.60, 65.62, 65.64, 65.66 The new sections are adopted under the Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983), which provides the Parks and Wildlife Commission with the authority to establish wildlife resource regulations for this state. sec.65.42. Deer: White-tailed and Mule Deer. Except as provided in sec.65.26(3) of this title (relating to Antlerless and Spike-Buck Deer Control Harvest Systems), no person may take more than the aggregate total of six deer per license year, of which no more than two may be mule deer, only one of which may be a buck mule deer; no more than three white-tailed buck deer, or more than six antlerless deer, both species combined. (1) White-tailed deer: general open seasons, bag, and possession limits shall be as follows. (A) In Bandera, Bexar, Blanco, Brewster, Brown, Burnet, Coke, Coleman, Comal, Concho, Crockett, Culberson, Edwards, Gillespie, Glasscock, Hays, Irion, Jeff Davis, Kendall, Kerr, Kimble, Kinney (only north of U.S. Highway 90), Llano, Mason, McCulloch, Medina (only north of U.S. Highway 90), Menard, Mills, Mitchell, Nolan, Pecos, Presidio, Reagan, Real, Reeves, Runnels, San Saba, Schleicher, Sterling, Sutton, Terrell, Tom Green, Travis, Upton (only in that southeastern portion located south of U.S. Highway 67 and east of State Highway 349), Uvalde (only north of U.S. Highway 90), and Val Verde (all that portion located north of U.S. Highway 90; and that portion located both south of U.S. 90 and west of Spur 239/277 S) counties, there is an open season for white-tailed deer. (i) Open season: First Saturday in November through the first Sunday in January. (ii) Bag limit: Four white-tailed deer, no more than two bucks. (iii) Antlerless white-tailed deer may be taken without an antlerless deer permit required by sec.65.27 of this title (relating to Permits). (B) In Aransas, Atascosa, Bee, Calhoun, Cameron, Hidalgo, Live Oak, Nueces, Refugio, San Patricio, Starr and Willacy counties, there is an open season for white-tailed deer. (i) Open season: Second Saturday in November through the second Sunday in January. (ii) Bag limit: Four white-tailed deer, no more than two bucks. (iii) Antlerless white-tailed deer may be taken without an antlerless deer permit required by sec.65.27 of this title. (iv) Special (South Texas) Late Antlerless Deer Season: In the counties listed in subparagraphs (A) and (B) of this paragraph there is a special late antlerless and spike-buck only white-tailed deer season. (I) Open season: 16 consecutive days starting with the first Saturday following the second Sunday in January. (II) Bag limit: (-a-) Four antlerless white-tailed deer in addition to the number of spike- buck deer authorized for take under a valid Wildlife Management Plan for Antlerless and Spike-Buck Deer Control Permits (sec.65.26(3) of this title) only. Antlerless white-tailed deer may be taken without an antlerless permit in compliance with clause (iii) of this subparagraph. The bag limit is not in addition to any other season bag limits. (-b-) Spike-buck deer may be taken only by permit(s) issued under provisions of sec.65.26(3) of this title. (C) In Brooks, Dimmit, Duval, Frio, Jim Hogg, Jim Wells, Kenedy, Kinney (only south of U.S. Highway 90), Kleberg, LaSalle, Maverick, McMullen, Medina (only south of U.S. Highway 90), Uvalde (only south of U.S. Highway 90), Val Verde (only in that southeastern portion located both south of U.S. Highway 90 and east of Spur 239/277S), Webb, Zapata, and Zavala counties, there is an open season for white-tailed deer. (i) Open season: Second Saturday in November through the third Sunday in January. (ii) Bag limit: Five white-tailed deer, no more than three bucks. (iii) Antlerless white-tailed deer may be taken without an antlerless deer permit required by sec.65.27 of this title. (iv) Special (South Texas) Late Antlerless Deer Season. In the counties listed in this subparagraph there is a special late antlerless and spike-buck only white-tailed deer season. (I) Open season: 14 consecutive days starting the first Monday following the third Sunday in January. (II) Bag limit: (-a-) Five antlerless white-tailed deer in addition to the number of spike- buck deer authorized for take under a valid Wildlife Management Plan for Antlerless and Spike-Buck Deer Control Permits (sec.65.26(3) of this title) only. Antlerless white-tailed deer may be taken without an antlerless permit in compliance with clause (iii) of this subparagraph. The bag limit is not in addition to any other season bag limits. (-b-) Spike-buck deer may be taken only by permit(s) issued under provisions of sec.65.26(3) of this title. (D) No person may take or possess more than one white-tailed buck deer per license year from counties, in the aggregate, listed within this subparagraph, except that a second buck may be legally taken in a one-buck county if tagged with a Managed Lands Buck Permit issued in accordance with sec.65.28 of this title (relating to Managed Lands Buck Permits) and the Managed Lands Buck License Tag. (i) In Bell, Bosque, Brazoria, Callahan, Comanche, Coryell, Eastland, Erath, Fort Bend, Goliad (south of U.S. Highway 59), Grayson (only on the Hagerman National Wildlife Refuge), Hamilton, Howard, Jackson (south of U.S. Highway 59), Lampasas, Matagorda, McLennan (west of a line running along the Brazos River from the Bosque County line to its conjunction with IH 35 in Waco, then south along IH 35 to the Falls County line), Palo Pinto, Shackelford, Stephens, Taylor, Throckmorton, Victoria (south of U.S. Highway 59), Wharton (south of U.S. Highway 59), and Williamson counties, there is an open season for white- tailed deer. (I) Open season: First Saturday in November through the first Sunday in January. (II) Bag limit: Three deer, no more than one buck and no more than two antlerless deer. (III) Antlerless white-tailed deer may be taken without an antlerless deer permit required by sec.65.27 of this title. (ii) In Angelina, Hardin, Jasper, Liberty (only in that northeastern portion located east of the Trinity River and north of U.S. Highway 90), Newton, Polk, and Tyler counties, there is an open season for white-tailed deer. (I) Open season: First Saturday in November through the first Sunday in January. (II) Bag limit: Three deer, no more than one buck and no more than two antlerless deer. (III) During the first 16 days of the season, antlerless deer may be taken without an antlerless deer permit unless LAMPS permits (see sec.65.26(2) of this title) have been issued for the tract of land. If LAMPS permits have been issued, they must be attached to all antlerless deer harvested on the tract of land. After the first 16 days, antlerless deer may be taken only by antlerless permits authorized under a WHHAR (sec.65.26(1)), LAMPS (sec.65.26(2)) or a Wildlife Management Plan for Antlerless and Spike-Buck Deer Control Permits (sec.65.26(3) of this title). On National Forest (except the Moore Plantation and Bannister WMA), Corps of Engineers, Sabine River Authority and Trinity River Authority lands, antlerless deer may be taken only by antlerless permits issued under a WHHAR (sec.65.26(1) of this title). (iii) In Borden, Fisher (west of State Highway 70), Gray, Hemphill, Hood, Jack, Karnes, Kent (south of U.S. Highway 380), Lipscomb, Parker (west of a line along FM 51 beginning at the Wise County line southward to its junction with State Highway 171, then southward along State Highway 171 to the Hood County line), Scurry, Somervell, Wheeler, Wilson, and Young counties, there is an open season for white-tailed deer. (I) Open season: First Saturday in November through the first Sunday in January. (II) Bag limit: Three deer, no more than one buck and no more than two antlerless deer. (III) During the first six days of the general season, antlerless deer may be taken without an antlerless deer permit. After the first six days, antlerless deer may be taken only by antlerless permits authorized under a WHHAR or a Wildlife Management Plan for Antlerless and Spike-Buck Deer Control Permits (sec.65.26(1) and (3) of this title). (iv) In Archer, Baylor, Clay, Cooke, Denton, Hill, Johnson, McClennan (east of the Brazos River and IH35), Montague, Parker (east of a line along FM 51 beginning at the Wise County line southward to its junction with State Highway 171, thence southward on State Highway 171 to the Hood County line), Tarrant, and Wise counties, there is an open season for white-tailed deer. (I) Open season: First Saturday in November through the first Sunday in January. (II) Bag limit: Three deer, no more than one buck and no more than two antlerless deer. (III) During the first two days of the general season, antlerless deer may be taken without an antlerless deer permit. After the first two days, antlerless deer may be taken only by antlerless permits authorized under a WHHAR or a Wildlife Management Plan for Antlerless and Spike-Buck Deer Control Permits (sec.65.26(1) and (3) of this title). (v) In Anderson, Bowie, Brazos, Burleson, Camp, Cass, Chambers, Cherokee, Colorado, Delta, Franklin, Freestone, Gregg, Grimes, Harris, Harrison, Hopkins, Houston, Jackson (north of U.S. Highway 59), Jefferson, Lamar, Lavaca, Leon, Liberty (in all that portion of the county located west of the Trinity River; and all that portion located south of U.S. Highway 90), Limestone, Madison, Marion, Montgomery, Morris, Navarro, Orange, Rains, Red River, Robertson, San Jacinto, Smith, Titus, Trinity, Upshur, Van Zandt, Walker, Wharton (north of U. S. Highway 59), and Wood counties, there is an open season for white-tailed deer. (I) Open season: First Saturday in November through the first Sunday in January. (II) Bag limit: Three deer, no more than one buck and no more than two antlerless deer. (III) Antlerless deer may be taken only by antlerless permits authorized under a WHHAR, LAMPS or a Wildlife Management Plan for Antlerless and Spike-Buck Deer Control Permits (sec.65.26(1) -(3) of this title). (vi) In Hartley, Moore, Oldham and Potter counties, there is an open season for white-tailed deer. (I) Open season: Saturday before Thanksgiving for 16 consecutive days. (II) Bag limit: Three deer, no more than one buck and no more than two antlerless deer. (III) Antlerless deer may be taken only by antlerless permits authorized under a WHHAR or a Wildlife Management Plan for Antlerless and Spike-Buck Deer Control Permits (sec.65.26(1) and (3) of this title). (vii) In Hunt County, there is an open season for white-tailed deer. (I) Open season: First Saturday in November for nine consecutive days. (II) Bag limit: Three deer, no more than one buck and no more than two antlerless deer. (III) Antlerless deer may be taken only by antlerless permits authorized under a WHHAR or a Wildlife Management Plan for Antlerless and Spike-Buck Deer Control Permits (sec.65.26(1) and (3) of this title). (viii) In Henderson County, there is an open season for white-tailed deer. (I) Open season: First Saturday in November through the first Sunday in January. (II) Bag limit: Three white-tailed deer, no more than one buck and no more than two antlerless deer. Antlerless deer may be taken only by antlerless permits authorized under a WHHAR, LAMPS or a Wildlife Management Plan for Antlerless and Spike-Buck Deer Control Permits (sec.65.26(1)-(3) of this title). (III) Special Requirement: In that portion of Henderson County bounded on the north by the county line, on the east by U.S. Highway 175 and Tin Can Alley Road, on the south by State Highway 31, and on the west by State Highway 274, hunting, shooting, or taking of deer is restricted to shotguns with buckshot or lawful archery equipment (see sec.65.15 of this title (relating to Archery)) and other game animals or game birds may be taken only with shotgun or lawful archery equipment. (ix) In Nacogdoches, Panola, Rusk, Sabine, San Augustine and Shelby counties, there is an open season for white-tailed deer. (I) Open season: First Saturday in November through the first Sunday in January. (II) Bag limit: Three deer, no more than one buck and no more than two antlerless deer. (III) During the first two days of the season, antlerless deer may be taken without an antlerless deer permit unless LAMPS permits (sec.65.26(2) of this title) have been issued for the tract of land. If LAMPS permits have been issued, they must be attached to all antlerless deer harvested on the tract of land. After the first two days, antlerless deer may be taken only by permits for antlerless deer authorized under a WHHAR, LAMPS or a Wildlife Management Plan for Antlerless and Spike-Buck Deer Control Permits (sec.65.26(1)-(3) of this title). On National Forest (except Moore Plantation and Bannister WMA), Corps of Engineers, Sabine River Authority and Trinity River Authority lands, antlerless deer may be taken only by antlerless permits issued under a WHHAR (sec.65.26(1) of this title). (x) In Armstrong, Austin, Bastrop, Briscoe, Caldwell, Carson, Childress, Collingsworth, Cottle, Crane, Crosby, De Witt, Dickens, Donley, Ector, Ellis, Falls, Fannin, Fayette, Fisher (east of State Highway 70) , Floyd, Foard, Garza, Goliad (north of U.S. Highway 59), Gonzales, Guadalupe, Hall, Hansford, Hardeman, Haskell, Hutchinson, Jones, Kaufman, Kent (north of U.S. Highway 380), King, Knox, Lee, Loving, Midland, Milam, Motley, Ochiltree, Randall, Roberts, Stonewall, Swisher, Upton (all that portion located north of U.S. Highway 67; and in that area located south of U.S. Highway 67 and west of state highway 349), Victoria (north of U.S. Highway 59), Waller, Ward, Washington, Wichita and Wilbarger counties, there is an open season for white-tailed deer. (I) Open season: First Saturday in November through the first Sunday in January. (II) Bag limit: Three deer, no more than one buck and no more than two antlerless deer. (III) Antlerless deer may be taken only by antlerless permits authorized under a WHHAR or a Wildlife Management Plan for Antlerless and Spike-Buck Deer Control Permits (see sec.65.26(1) and (3) of this title). (E) In Andrews, Bailey, Castro, Cochran, Collin, Dallam, Dallas, Dawson, Deaf Smith, El Paso, Gaines, Galveston, Grayson (except on the Hagerman National Wildlife Refuge), Hale, Hockley, Hudspeth, Lamb, Lubbock, Lynn, Martin, Parmer, Rockwall, Sherman, Terry, Winkler, and Yoakum counties, there is no general open season for white-tailed deer. (2) White-tailed deer: archery-only open seasons, bag and possession limits shall be as follows. (A) In Aransas, Atascosa, Bandera, Bee, Bexar, Blanco, Brewster, Brown, Burnet, Calhoun, Cameron, Coke, Coleman, Comal, Concho, Crockett, Culberson, Edwards, Gillespie, Glasscock, Hays, Hidalgo, Irion, Jeff Davis, Kendall, Kerr, Kimble, Kinney (only north of U.S. Highway 90), Live Oak, Llano, Mason, McCulloch, Medina (only north of U.S. Highway 90), Menard, Mills, Mitchell, Nolan, Nueces, Pecos, Presidio, Reagan, Real, Reeves, Refugio, Runnels, San Saba, San Patricio, Schleicher, Starr, Sterling, Sutton, Terrell, Tom Green, Travis, Upton (in that southeastern portion bounded on the north by U.S. Highway 67 and on the west by State Highway 349 that runs from its juncture with U.S. Highway 67 to the Crockett County line), Uvalde (only north of U.S. Highway 90) , Val Verde (all that portion located north of U.S. Highway 90; and that portion located both south of U.S. 90 and west of Spur 239/277S), and Willacy counties, there is an open season during which white-tailed deer may be taken only with lawful archery equipment (see sec.65.15 of this title). (i) Open season: September 30-October 31. (ii) Bag limit: Four white-tailed deer, either sex, no more than two bucks. (B) In Brooks, Dimmit, Duval, Frio, Jim Hogg, Jim Wells, Kenedy, Kinney (only south of U.S. Highway 90), Kleberg, LaSalle, Maverick, McMullen, Medina (only south of U.S. Highway 90), Uvalde, (only south of U.S. Highway 90), Val Verde (only in that southeastern portion located both south of U.S. Highway 90 and east of Spur 239/277S, Webb, Zapata, and Zavala counties, there is an open season during which white-tailed deer may be taken only with lawful archery equipment (see sec.65.15 of this title). (i) Open season: September 30-October 31. (ii) Bag Limit: Five white-tailed deer, either sex, no more than three bucks. (C) No person may take or possess more than one white-tailed buck deer per license year from counties, in the aggregate, listed within this subparagraph; except that a second buck may be legally taken in a one-buck county if the deer is tagged with a Managed Lands Buck Permit issued in accordance with sec.65.28 of this title (relating to Managed Lands Buck Permits) and the Managed Lands Buck License Tag. In Anderson, Angelina, Archer, Armstrong, Austin, Bastrop, Baylor, Bell, Borden, Bosque, Bowie, Brazoria, Brazos, Briscoe, Burleson, Caldwell, Callahan, Camp, Carson, Cass, Chambers, Cherokee, Childress, Clay, Collingsworth, Colorado, Comanche, Cooke, Coryell, Cottle, Crane, Crosby, Delta, Denton, DeWitt, Dickens, Donley, Eastland, Ector, Ellis, Erath, Falls, Fannin, Fayette, Fisher, Floyd, Foard, Fort Bend, Franklin, Freestone, Garza, Goliad, Gonzales, Gray, Grayson, Gregg, Grimes, Guadalupe, Hall, Hamilton, Hansford, Hardeman, Hardin, Harris, Harrison, Hartley, Haskell, Hemphill, Henderson, Hill, Hood, Hopkins, Houston, Howard, Hunt, Hutchinson, Jack, Jackson, Jasper, Jefferson, Johnson, Jones, Kaufman, Karnes, Kent, King, Knox, Lamar, Lampasas, Lavaca, Lee, Leon, Liberty, Limestone, Lipscomb, Loving, Madison, Marion, Matagorda, McLennan, Midland, Milam, Montague, Montgomery, Moore, Morris, Motley, Nacogdoches, Navarro, Newton, Ochiltree, Oldham, Orange, Palo Pinto, Panola, Parker, Polk, Potter, Rains, Randall, Red River, Roberts, Robertson, Rusk, Sabine, San Augustine, San Jacinto, Scurry, Shackelford, Shelby, Smith, Somervell, Stephens, Stonewall, Swisher, Tarrant, Taylor, Throckmorton, Titus, Trinity, Tyler, Upshur, Upton (except in that southeastern portion bounded on the north by U.S. Highway 67 and on the west by State Highway 349 that runs from its juncture with U.S. Highway 67 to the Crockett County line), Van Zandt, Victoria, Walker, Waller, Ward, Washington, Wharton, Wheeler, Wichita, Wilbarger, Williamson, Wilson, Wise, Wood, and Young counties, there is an open season during which white-tailed deer may be taken only with lawful archery equipment (see sec.65.15 of this title). (i) Open season: September 30-October 31. (ii) Bag limit: Three white-tailed deer, no more than one buck and no more than two antlerless deer. (D) In Andrews, Bailey, Castro, Cochran, Collin, Dallam, Dallas, Dawson, Deaf Smith, El Paso, Gaines, Galveston, Hale, Hockley, Hudspeth, Lamb, Lubbock, Lynn, Martin, Parmer, Rockwall, Sherman, Terry, Winkler, and Yoakum counties, there is no archery only open season for white-tailed deer. (E) The archery-only season bag limit is not in addition to any other open season bag limits for white-tailed deer. (3) White-tailed deer: Muzzleloader-only open seasons, bag and possession limits shall be as follows. (A) In Bandera, Brown, Coke, Coleman, Concho, Edwards, Gillespie, Irion, Kendall, Kerr, Kimble, Kinney (north of U.S. Highway 90), Llano, Mason, Medina (north of U.S. Highway 90), Menard, McCulloch, Mills, Real, Runnels, San Saba, Schleicher, Sterling, Sutton, Tom Green, and Uvalde (north of U.S. Highway 90) counties, there is an open season during which only antlerless white-tailed deer may be taken only with a muzzleloader. (B) Open Season: First Saturday following the first Sunday in January for nine consecutive days. (C) Bag Limit: Four antlerless white-tailed deer. The muzzleloader-only season bag limit is not in addition to any other open season bag limits for white- tailed deer. (4) Mule deer: general open season, bag and possession limit shall be as follows. (A) In Armstrong, Borden, Briscoe, Carson, Childress, Coke, Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Dickens, Donley, Fisher, Floyd, Garza, Gray, Hall, Hartley, Hemphill, Hutchinson, Kent, King, Moore, Motley, Ochiltree, Oldham, Potter, Randall, Roberts, Scurry, Stonewall, and Swisher counties, there is an open season for mule deer. (i) Open season: Saturday before Thanksgiving for 16 consecutive days. (ii) Bag limit: Two mule deer, no more than one buck. (iii) Antlerless mule deer may be taken only by Antlerless Mule Deer Permits or antlerless permits authorized under a WHHAR (see sec.65.31 and sec.65.26(1) of this title). (B) In Brewster, Crane, Crockett, Culberson, Ector, El Paso, Hudspeth, Jeff Davis, Loving, Midland, Pecos, Presidio, Reagan, Reeves, Terrell, Upton, Val Verde, Ward, and Winkler counties, there is an open season for mule deer. (i) Open season: Last Saturday in November for 16 consecutive days. (ii) Bag limit: Two mule deer, no more than one buck. (iii) Antlerless mule deer may be taken only by Antlerless Mule Deer Permits or antlerless permits authorized under a WHHAR (see sec.65.31 and sec.65.26(1) of this title). (C) In all other counties, there is no general open season for mule deer. (5) Mule deer: archery-only open seasons, bag and possession limits shall be as follows. (A) In Armstrong, Borden, Briscoe, Carson, Childress, Coke, Collingsworth, Cottle, Crane, Crockett, Crosby, Culberson, Dallam, Deaf Smith, Dickens, Donley, Ector, El Paso, Fisher, Floyd, Garza, Gray, Hall, Hartley, Hemphill, Hudspeth, Hutchinson, Jeff Davis, Kent, King, Loving, Midland, Moore, Motley, Ochiltree, Oldham, Potter, Presidio, Randall, Reagan, Reeves, Roberts, Scurry, Stonewall, Swisher, Upton, Val Verde, Ward, and Winkler counties, there is an open season during which mule deer may be taken only with lawful archery equipment (see sec.65.15 of this title). (i) Open season: September 30-October 31. (ii) Bag limit: One buck mule deer. (B) In Brewster, Pecos, and Terrell counties, there is an open season during which mule deer may be taken only with lawful archery equipment (see sec.65.15 of this title). (i) Open season: September 30-October 31. (ii) Bag limit: Two mule deer, either sex, no more than one buck. (C) In all other counties, there is no archery-only open season for mule deer. (D) The archery-only season bag limit is not in addition to any other lawful open season bag limits for mule deer. (6) White-tailed Deer: national wildlife refuges. Hunting season dates may further be restricted in compliance with regulations promulgated by the U.S. Fish and Wildlife Service and published in the Federal Register. sec.65.64. Turkey. No person may take more than four turkeys per license year. (1) General season and bag limits: (A) In Archer, Bandera, Bell, Bexar, Blanco, Bosque, Burnet, Calhoun, Clay, Comal, Comanche, Coryell, Erath, Gillespie, Goliad, Gonzales, Hamilton, Hays, Hood, Jack, Karnes, Kendall, Kerr, Lampasas, Llano, McLennan, Medina (only north of U.S. Highway 90), Montague, Palo Pinto, Parker, Real, Somervell, Stephens, Travis, Wichita, Williamson, Wilson, and Young counties, there is a general open season for turkey. (i) General open season: First Saturday in November through the first Sunday in January. (ii) Bag limit: Four turkeys, gobblers or bearded hens. (B) In Aransas, Atascosa, Bee, Hidalgo, Live Oak, Medina (only south of U.S. Highway 90), Nueces, Refugio, San Patricio, and Starr counties, there is a general open season for turkey. (i) General open season: Second Saturday in November through the second Sunday in January. (ii) Bag limit: Four turkeys, gobblers or bearded hens. (C) In Dimmit, Duval, Frio, Jim Hogg, Jim Wells, LaSalle, Maverick, McMullen, Medina (only south of U.S. Highway 90), Webb, and Zavala counties, there is a general open season for turkey. (i) General open season: Second Saturday in November through the third Sunday in January. (ii) Bag limit: Four turkeys, gobblers or bearded hens. (D) In Kinney (only south of U.S. Highway 90) and Uvalde (only south of U.S. Highway 90), and Val Verde (only in that southeastern portion located both south of U.S. Highway 90 and east of Spur 239/277S) counties, there is a general open season for turkeys. (i) General open season: Second Saturday in November through the third Sunday in January. (ii) Bag limit: Four turkeys, either sex. (E) In Brooks, Kenedy and Kleberg counties, there is a general open season for turkeys. (i) General open season: Second Saturday in November through the last Sunday in February. (ii) Bag limit: Four turkeys, either sex. (F) In Armstrong, Baylor, Borden, Briscoe, Brown, Callahan, Carson, Childress, Coke, Coleman, Collingsworth, Concho, Cottle, Crane, Crockett, Crosby, Dawson, Dickens, Donley, Eastland, Ector, Edwards, Fisher, Floyd, Foard, Garza, Glasscock, Gray, Hall, Hardeman, Hartley, Haskell, Hemphill, Howard, Hutchinson, Irion, Jones, Kent, Kimble, King, Kinney (only in that portion north of U.S. Highway 90), Knox, Lipscomb, Lynn, Martin, Mason, McCulloch, Menard, Midland, Mills, Mitchell, Moore, Motley, Nolan, Ochiltree, Oldham, Pecos, Potter, Randall, Reagan, Roberts, Runnels, San Saba, Schleicher, Scurry, Shackelford, Sterling, Stonewall, Sutton, Swisher, Taylor, Terrell, Throckmorton, Tom Green, Upton, Uvalde (only in that portion north of U.S. Highway 90), Val Verde (all that portion located north of U.S. Highway 90 and that portion located both south of U.S. 90 and west of Spur 239/277S), Ward, Wheeler, and Wilbarger counties, there is a general open season for turkey. (i) General open season: First Saturday in November through the first Sunday in January. (ii) Bag limit: Four turkeys, either sex. (G) In Willacy County, there is a general open season for turkeys. (i) General open season: Second Saturday in November through the second Sunday in January. (ii) Bag limit: Four turkeys, either sex. (2) Archery-only season and bag limits: (A) In Aransas, Archer, Atascosa, Bandera, Bee, Bell, Bexar, Blanco, Bosque, Burnet, Calhoun, Clay, Comal, Comanche, Coryell, Dimmit, Duval, Erath, Frio, Gillespie, Goliad, Gonzales, Hamilton, Hays, Hidalgo, Hood, Jack, Jim Hogg, Jim Wells, Karnes, Kendall, Kerr, Lampasas, LaSalle, Live Oak, Llano, Maverick, McLennan, McMullen, Medina, Montague, Nueces, Palo Pinto, Parker, Real, Refugio, San Patricio, Somervell, Starr, Stephens, Travis, Webb, Wichita, Williamson, Wilson, Young and Zavala counties, there is an archery-only open season for turkey. (i) Archery-only open season: September 30-October 31, during which turkeys may be taken only with lawful archery equipment (see sec.65.15 of this title (relating to Archery)). (ii) Bag limit: Four turkeys, gobblers or bearded hens. (B) In Armstrong, Baylor, Borden, Briscoe, Brooks, Brown, Callahan, Carson, Childress, Coke, Coleman, Collingsworth, Concho, Cottle, Crane, Crockett, Crosby, Dawson, Dickens, Donley, Eastland, Ector, Edwards, Fisher, Floyd, Foard, Garza, Glasscock, Gray, Hall, Hardeman, Hartley, Haskell, Hemphill, Howard, Hutchinson, Irion, Jones, Kenedy, Kent, Kimble, King, Kinney, Kleberg, Knox, Lipscomb, Lynn, Martin, Mason, McCulloch, Menard, Midland, Mills, Mitchell, Moore, Motley, Nolan, Ochiltree, Oldham, Pecos, Potter, Randall, Reagan, Roberts, Runnels, San Saba, Schleicher, Scurry, Shackelford, Sterling, Stonewall, Sutton, Swisher, Taylor, Terrell, Throckmorton, Tom Green, Upton, Uvalde, Val Verde, Ward, Wheeler, Wilbarger, and Willacy counties, there is an archery-only open season for turkeys. (i) Archery-only open season: September 30-October 31, during which turkeys may be taken only with lawful archery equipment (see sec.65.15 of this title). (ii) Bag limit: Four turkeys, either sex. (3) Spring turkey season and bag limits: (A) In Archer, Armstrong, Bandera, Bastrop, Baylor, Bell, Blanco, Borden, Bosque, Brewster, Briscoe, Brown, Burnet, Caldwell, Callahan, Carson, Childress, Clay, Coke, Coleman, Collingsworth, Colorado, Comal, Comanche, Concho, Cooke, Coryell, Cottle, Crane, Crockett, Crosby, Dawson, DeWitt, Dickens, Donley, Eastland, Ector, Edwards, Ellis, Erath, Fayette, Fisher, Floyd, Foard, Garza, Gillespie, Glasscock, Gonzales, Gray, Guadalupe, Hall, Hamilton, Hardeman, Hartley, Haskell, Hays, Hemphill, Hill, Hood, Howard, Hutchinson, Irion, Jack, Jackson, Jeff Davis, Johnson, Jones, Kendall, Kent, Kerr, Kimble, King, Knox, Lampasas, Lavaca, Lee, Lipscomb, Llano, Lynn, Martin, Mason, Matagorda, McCulloch, McLennan, Menard, Midland, Milam, Mills, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree, Oldham, Palo Pinto, Parker, Pecos, Potter, Randall, Reagan, Real, Roberts, Runnels, San Saba, Schleicher, Scurry, Shackelford, Somervell, Stephens, Sterling, Stonewall, Sutton, Swisher, Taylor, Terrell, Throckmorton, Tom Green, Travis, Upton, Val Verde, Victoria, Ward, Wheeler, Wichita, Wilbarger, Williamson, Wise, and Young counties, there is a spring season for turkeys. (i) Spring season: Second Saturday in April for 37 consecutive days. (ii) Bag limit: Four turkeys, gobblers only. (B) In Aransas, Atascosa, Bee, Bexar, Brooks, Calhoun, Dimmit, Duval, Frio, Goliad, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kinney, Kleberg, LaSalle, Live Oak, Maverick, McMullen, Medina, Nueces, Refugio, San Patricio, Starr, Uvalde, Webb, Willacy, Wilson, and Zavala counties, there is a spring season for turkeys. (i) Spring season: First Saturday in April for 37 consecutive days. (ii) Bag limit: Four turkeys, gobblers only. (C) In Red River County there is a spring season for turkeys. (i) Spring season: The Monday nearest April 20 for 14 consecutive days. (ii) Bag limit: One turkey, gobbler only. (iii) In Red River County no person shall take or attempt to take turkeys by the aid of baiting, on or over a baited area. (iv) All turkeys harvested during the spring gobbler season in Red River County must be registered at designated stations within 24 hours of the time of kill. Harvested turkeys may be field dressed but must otherwise remain intact. (4) Counties with no open turkey seasons. In all counties not listed in subsections (a), (b) or (c) of this section, there is no open season for hunting turkey. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 5, 1995. TRD-9504191 Paul M. Shinkawa Acting General Counsel Texas Parks and Wildlife Department Effective date: April 27, 1995 Proposal publication date: February 17, 1995 For further information, please call: (512) 389-4642 Seasons and Bag Limits-Fishing Provisions 31 TAC sec.sec.65.71, 65.72, 65.78, 65.82, 65.90, 65.91 The new sections are adopted under the Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983), which provides the Parks and Wildlife Commission with the authority to establish wildlife resource regulations for this state. sec.65.72. Fish. (a) General rules. (1) It is unlawful to take or attempt to take, or possess fish within a protected length limit, in greater numbers, by other means, or at any time or place, other than as permitted under this subchapter. (2) It is unlawful for any person to use game fish or any part thereof as bait. (3) It is unlawful for any person to possess a finfish of any species, except broadbill swordfish, shark or king mackerel, taken from public water that has the head or tail removed until such person has reached his final destination. (4) Under this subchapter there are no public waters closed to the taking or retaining of fish, except that: at the Toledo Bend Reservoir Dam in Newton County, the area within 500 feet of the power plant water intake is closed to fishing from July 1 through September 30 of each year. (5) Finfish tags: Prohibited Acts. (A) No person may purchase or use more finfish (red drum or tarpon) tags during a license year than the number and type authorized by the commission, excluding duplicate tags issued under Parks and Wildlife Code, sec.46.006. (B) It is unlawful for any person to: (i) use the same finfish tag for the purpose of tagging more than one finfish; (ii) use a finfish tag in the name of another person; (iii) use a tag on a finfish for which another tag is specifically required; (iv) take a finfish required to be tagged and fail to immediately attach and secure a properly executed tag to the finfish at the narrowest part of the finfish tail, just ahead of the tail fin; (v) have in possession both a Red Drum Tag and a Bonus Red Drum Tag issued to the same license or saltwater stamp holder; or (vi) have in possession both an Exempt Red Drum Tag or a Duplicate Exempt Red Drum Tag and a Bonus Red Drum Tag issued to the same Exempt Red Drum Tag holder, or Duplicate Red Drum Tag holder. (b) Prohibited acts in all public waters. (1) In addition to any prohibition or provision of these rules it is unlawful for any person to take or attempt to take fish by: (A) snagging or jerking; (B) the use of a hand-operated device held underwater, other than a spear gun and spear; (C) the use of yo-yos and other spring-loaded reeling devices; (D) grabbling; (E) the use of a noodling pole; (F) the use of explosives, poisons or other substances or things deleterious to fish and prohibited under the authority of the Texas Parks and Wildlife Code, sec.66.003; (G) the use of any device that uses or produces electricity or sound to stun or kill fish; and (H) the use of airboats or jet-driven devices to pursue and harass or harry fish. (2) It is unlawful for any person to release into the public waters of this state a fish with a device or substance implanted or attached that is designed, constructed or adapted to produce an audible, visual, or electronic signal used to monitor, track, follow, or in any manner aid in the location of the released fish. It is unlawful to have in possession while on or fishing in the public waters of this state any device designed or adapted to receive a signal from a substance or device implanted or attached to a fish. (3) It is unlawful for a person to catch or possess fish listed as exotic harmful or potentially harmful without a permit if the intestines of the fish are not removed. (c) Bag, possession, and length limits. (1) It is unlawful for any person while fishing on or in public waters to have in his possession fish in excess of the daily bag limit or fish within a protected length limit as established for those waters. (2) The possession limit does not apply to fish in the possession of or stored: (A) by a person who has an invoice or sales ticket showing the name and address of the seller, number of fish by species, date of the sale, and other information required on a sales ticket or an invoice; (B) in a cold storage plant if the fish or container holding the fish are tagged with the owner's name, address, numbers of fish by species, and the date placed in storage (Parks and Wildlife Code, sec.62.029); or (C) at a person's permanent residence for personal consumption. (3) It is unlawful for the captain and/or crew of a vessel that is licensed or required to be licensed as a commercial fish boat to possess on board or land billfish, except swordfish. (4) There are no bag, possession, or length limits on game or nongame fish, except as provided in these rules. (A) Statewide daily bag, possession, and length limits shall be as follows: Figure 1: 31 TAC sec.65.72(c)(4)(A) (B) Exceptions to statewide daily bag, possession, and length limits shall be as follows: (i) Figure 2: 31 TAC sec.65.72(c)(4)(B)(i) (ii) Bag and possession limits for black drum, sheepshead and flounder do not apply to the holder of a valid Commercial Finfish Fisherman's License. (d) Freshwater devices, means and methods. (1) It is unlawful for any person to fish with more than 100 hooks on all devices combined. (2) It is unlawful for any person to take, attempt to take, or possess fish caught by any device, means, or method other than as authorized in this subchapter. (A) Pole and line (includes rod and reel). (i) Game and non-game fish may be taken by pole and line, except that in the Guadalupe River in Comal County between the first concrete dam (weir) below the easternmost State Highway 306 bridge and the Little Ponderosa bridge, freshwater trout may not be retained when taken by any method except fly fishing. It is an offense to possess rainbow and brown trout while fishing with any other device in that part of the Guadalupe River defined in this paragraph. (ii) Game and non-game fish may be taken only by pole and line in community fishing lakes and in reservoirs or sections of rivers lying totally within boundaries of a state park. (B) Trotline. Non-game fish, channel catfish, blue catfish, and flathead catfish may be taken by trotline. It is unlawful for any person to use a trotline: (i) with a mainline length exceeding 600 feet; (ii) with invalid gear tags. Gear tags must be attached within three feet of the first hook at each end of the trotline and are valid only for 30 days after the date set out; (iii) with the hook interval less than three horizontal feet; (iv) with metallic stakes; (v) with the main fishing line and attached hooks and stagings above the water's surface; (vi) with more than 50 hooks; or (vii) in Gibbons Creek Reservoir in Grimes County, Lake Bastrop in Bastrop County, Fayette County Reservoir in Fayette County, Pinkston Reservoir in Shelby County, Lake Burke-Crenshaw in Harris County, Archer City in Archer County, Bryan in Brazos County, Petrolia City (New) and Petrolia City (Old) in Clay County, and Bright Lake in Williamson County. (C) Jugline. Non-game fish, channel catfish, blue catfish and flathead catfish may be taken with a jugline. It is unlawful for any person to use a jugline; (i) with invalid gear tags. Gear tags must be attached within six inches of the free-floating device, are valid for 30 days after the date set out, and must include the number of the permit to sell non-game fish taken from public freshwater; if applicable; (ii) for commercial purposes that is not marked with an orange free-floating device; (iii) for non-commercial purposes that is not marked with a white free- floating device; and (iv) in Lake Bastrop in Bastrop County, Lake Burke-Crenshaw in Harris County, Bright Lake in Williamson County, Archer City in Archer County, Bryan in Brazos County, and Petrolia City (New) and Petrolia City (Old) in Clay County. (D) Throwline. Non-game fish, channel catfish, blue catfish and flathead catfish may be taken with a throwline. It is unlawful for any person to use a throwline in Lake Bastrop in Bastrop County, Lake Burke-Crenshaw in Harris County, Bright Lake in Williamson County, Archer City in Archer County, Bryan in Brazos County, and Petrolia City (New) and Petrolia City (Old) in Clay County. (E) Shad trawl. Only non-game fish may be taken with a shad trawl. It is unlawful for any person to use a shad trawl longer than six feet or with a mouth larger than 36 inches in diameter. A shad trawl may be equipped with a funnel or throat and must be towed by boat or by hand. (F) Seine. Only non-game fish may be taken with a seine. It is unlawful for any person to use a seine: (i) which exceeds 60 feet in length; (ii) with mesh exceeding 1/2-inch square; or (iii) which is not manually operated. (G) Dip net. It is unlawful for any person to use a dip net except: (i) to aid in the landing of fish caught on other legal devices; or (ii) to take non-game fish. (H) Cast net. Only non-game fish may be taken with a cast net. It is unlawful for any person to use a cast net exceeding 14 feet in diameter. (I) Minnow trap. Only non-game fish may be taken with a minnow trap. It is unlawful for any person to use a minnow trap exceeding 24 inches in length or with a throat larger than one by three inches. (J) Gig. Only non-game fish may be taken with a gig. (K) Umbrella net. Only non-game fish may be taken with an umbrella net. It is unlawful for any person to use an umbrella net with the area within the frame exceeding 16 square feet. (L) Speargun and spear or bow and arrow. Only non-game fish may be taken with a speargun and spear or bow and arrow. (M) Gaff. It is unlawful for any person to use a gaff except to aid in landing fish caught on other legal devices, means or methods. Fish landed with a gaff may not be below the minimum, above the maximum, or within a protected length limit. (N) Gill nets, trammel nets, and hoop nets. It is unlawful for any person to use gill nets, trammel nets, or hoop nets in the public freshwaters of this state without a permit in compliance with sec.sec.57. 377-57.386 of this title (relating to Permits to Sell Nongame Fish Taken from Public Freshwater). (O) Chumming. It is unlawful for any person to take or attempt to take fish by chumming in the waters of Lake Texoma in Cooke and Grayson counties. (e) Saltwater devices, means, and methods. (1) It is unlawful to take or attempt to take saltwater fish by any means and methods other than specifically allowed in this subsection. (2) Only the following means and methods may be used for taking saltwater fish: (A) Devices. (i) Pole and line (includes rod and reel), artificial and natural baits, trotline with the main fishing line and attached hooks and stagings under the water's surface, sail line, spear gun and spear, bow and arrow, perch trap, and gig. It is unlawful to take game fish on any gear except pole and line or rod and reel, except channel, blue, and flathead catfish may be taken by trotline, and red drum, sharks, and spotted seatrout may be taken by sail line. Cast nets not exceeding 14 feet in diameter and 20-foot minnow seines may be used for taking bait. Dip nets and gaffs may be used only in aiding to land fish caught on other legal devices except that gaffs may not be used to land fish below the minimum or above the maximum size limits. (ii) Purse seines may be used only for taking menhaden from the waters of the Gulf of Mexico within the gulfward boundary lines of Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, and Willacy counties from the coastline of the Gulf to the gulfward limit of the territorial seas from the third Monday in April through the first day in November each year. The purse seine, not including the bag, shall not be less than three- fourths inch square mesh. Purse seines may not be used in any bay, river, pass, or tributary thereto, nor within one mile of any jetty or pass, nor within one-half mile offshore in the Gulf of Mexico. (iii) Non-game fish taken incidental to legal shrimping operations may be retained, except that red drum and spotted seatrout may not be retained as provided under Texas Parks and Wildlife Code, sec.77.0191. The term "legal shrimping operations" is defined as the use of a legal trawl in places, at times, and in manners as authorized by the department. A person taking shrimp with a trawl may not retain a catch of finfish exceeding 50% of the total trawl catch by weight of aquatic products, including shrimp on a shrimping vessel, except that up to 1,200 live non-game fish not regulated by bag or size limits may be retained for bait between July 15 and August 14 aboard a vessel licensed for commercial bait shrimp fishing. A person using an individual bait shrimp trawl for recreational purposes may retain non-game fish in any amount for bait, except those species regulated by bag or size limits. The provisions of this clause shall take effect June 1, 1995. (iv) No person may use a shrimp trawl for the purpose of taking fish in any of the following waters of Galveston County at any time: (I) Swan Lake; (II) Moses Lake; (III) Dollar Bay; (IV) Clear Lake; (V) Dickinson Bayou or Bay, west of a line from Miller's Point to April Fool Point; (VI) water lying northwest of a line from Kemah in Galveston County to Mesquite Knoll in Chambers County; (VII) water of East Bay lying north and east of a line from the extreme western point of Smith's Point in Chambers County to the west bank of Siever's Cut were East Bay intersects with the north bank of the Intracoastal Canal on Bolivar Peninsula in Galveston County at Siever's Fish Camp, which cut is between Elm Grove Point and Baffle Point, both points being on the north shore of Bolivar Peninsula; or (VIII) water of West Bay lying south and west of the Galveston Causeway (Interstate Highway 45), including all adjacent bays, streams, bayous, and canals. (B) Nets and seines. (i) It is unlawful for any person to use any net or seine except cast nets or 20-foot minnow seines only for taking bait in the coastal waters of this state. (ii) Any area closed to the use of nets or seines prior to September 1, 1988 remains closed. (iii) No person may retain or possess red drum or spotted seatrout caught in any net or seine. (C) Trotlines. (i) Throwlines and sail lines are types of trotlines and all trotline regulations apply to each type of trotline except where noted in this subchapter. (ii) It is unlawful for any person to use a trotline in or on the waters of the Gulf of Mexico within the jurisdiction of this state. (iii) No person may retain or possess red drum, sharks, or spotted seatrout caught on a trotline other than a sail line. (iv) Trotline (except sail line) ends shall be marked with yellow flagging attached to stakes or with a yellow floating buoy not less than six inches in height and six inches in width, or with a yellow plastic bottle of not less than one-gallon size attached to end fixtures. All trotline floats must be yellow. (v) Metallic stakes are prohibited under the authority of the Parks and Wildlife Code, sec.66.206(b). (vi) No trotline (except sail lines) shall exceed 600 feet in length. (vii) No trotline or portions thereof shall be placed closer than 50 feet from any other trotline, or set within 200 feet of the edge of the Intracoastal Waterway or its tributary channels. No trotline may be fished with the main fishing line and attached hooks and stagings above the water's surface. (viii) No trotline or trotline components, including lines and hooks, but excluding poles, may be left in or on coastal waters between the hours of 1:00 p.m. on Friday through 1:00 p.m. on Sunday of each week, except that attended sail lines are excluded from the restrictions imposed by this clause. Under the authority of the Texas Parks and Wildlife Code, sec.66.206(b), in the event small craft advisories or higher marine weather advisories issued by the National Weather Service are in place at 8:00 a.m. on Friday, trotlines may remain in the water until 6:00 p.m. on Friday. If small craft advisories are in place at 1:00 p.m. on Friday, trotlines may remain in the water until Saturday. When small craft advisories are lifted by 8:00 a.m. on Saturday, trotlines must be removed by 1:00 p.m. on Saturday. When small craft advisories are lifted by 1:00 p.m. on Saturday, trotlines must be removed by 6: 00 p.m. on Saturday. When small craft advisories or higher marine weather advisories are still in place at 1:00 p.m. on Saturday, trotlines may remain in the water through 1:00 p.m. on Sunday. It is a violation to tend, bait, or harvest fish or any other aquatic life from trotlines during the period that trotline removal requirements are suspended under this provision for adverse weather conditions. For purposes of enforcement, the geographic area customarily covered by marine weather advisories will be delineated by department policy. (ix) No person may use any bait other than natural bait on trotlines. Sail lines are excluded from the restrictions imposed by this clause. (x) The minimum hook interval for trotlines (except sail lines) is three horizontal feet. (xi) All trotlines, except sail lines, must be identified by gear tags. (xii) All hooks used on trotlines shall be a circle-type hook with a gap (distance from more than one-half inch, and with the diameter of the circle not less than five-eighths inch. Sail lines are excluded from the restrictions imposed by this clause. (xiii) It is unlawful to place a trotline in Aransas County in Little Bay and the water area of Aransas Bay within one-half mile of a line from Hail Point on the Lamar Peninsula, then direct to the eastern end of Goose Island, then along the southern shore of Goose Island, then along the causeway between Lamar Peninsula and Live Oak Peninsula, then along the eastern shoreline of the Live Oak Peninsula past the town of Fulton, past Nine-Mile Point, past the town of Rockport to a of Talley Island, including that part of Copano Bay within 1,000 feet of the causeway between Lamar Peninsula and Live Oak Peninsula. (xiv) Sail lines. (I) Line length shall not exceed 1,800 feet from the reel to the sail. (II) The sail and most shoreward float must be a highly visible orange or red color. (III) No float on the line may be more than 200 feet from the sail. (IV) A weight of not less than one ounce shall be attached to the line not less than four feet or more than six feet shoreward of the last shoreward float. (V) Reflectors of not less than two square inches shall be affixed to the sail and floats and shall be visible from all directions for sail lines operated from 30 minutes after sunset to 30 minutes before sunrise. (VI) There is no hook spacing requirement for sail lines. (VII) No more than one sail line may be used per fisherman. (VIII) Sail lines may not be used by the holder of a commercial fishing license. (IX) Sail lines must be attended at all times the line is fishing. (X) Sail lines may not have more than 30 hooks and no hook may be placed more than 200 feet from the sail. (D) Perch traps. (i) Perch traps may be used only for taking bait. (ii) Perch traps may not exceed 18 cubic feet. (iii) Perch traps must be marked with floating visible orange buoy not less than six inches in height and six inches in width, or with an orange plastic bottle of not less than one gallon in size. The buoy must have a gear tag attached. sec.65.78. Crabs. (a) Bag, possession and size limits. (1) It is unlawful for any person while fishing on public waters to have in his possession crabs in excess of the daily bag limit as established for those waters. (2) There are no bag, possession, or size limits on crabs except as provided in these rules. (3) It is unlawful for any person to: (A) possess egg-bearing (sponge) crabs or stone crabs; (B) possess blue crabs less than five inches in width (as measured following sec.65.3 of this title (relating to definitions)), except that not more than 5%, by number, of undersized crabs may be possessed if placed in a separate container at the time of taking; (C) Remove or possess on board a vessel on public waters the left claw from a stone crab (each retained claw must be at least 2-1/2 inches long); (D) fail to return immediately a stone crab to the waters where caught; or (E) buy or sell a female crab that has its abdominal apron detached. (b) Seasons. There are no closed seasons for the taking of crabs, except as listed within this section. (c) Places. There are no places closed for the taking of crabs, except as listed within this section. (d) Devices, manners, and methods. (1) It is unlawful for any person to take, attempt to take, or possess crabs caught by devices, means, or methods other than as authorized in this subchapter. (2) Only the following means and methods may be used for taking crabs: (A) crab line. (B) crab trap. It is unlawful for any person to: (i) fish for commercial purposes with more than 200 crab traps at one time; (ii) fish for non-commercial purposes with more than 6 crab traps at one time; (iii) fish a crab trap in the fresh waters of this state; (iv) fish a crab trap that exceeds 18 cubic feet in volume and is not equipped with at least two escape vents (minimum 2-3/8 inches inside diameter) in each crab- retaining chamber, and located on the lower edge of the outside trap walls; (v) fish a crab trap for commercial purposes that is not marked with a floating white buoy not less than six inches in height, six inches in length, and six inches in width attached to the crab trap; (vi) fish a crab trap for non- commercial purposes without a floating white buoy not less than six inches in height, six inches in length, and six inches in width, bearing a two-inch wide center stripe of contrasting color, attached to the crab trap; (vii) fish a crab trap in public waters without a valid gear tag that has a date that is more than 30 days old attached to the buoy; (viii) fish a crab trap within 200 feet of a marked navigable channel in Aransas County; and in the water area of Aransas Bay within one-half mile of a line from Hail Point on the Lamar Peninsula, then direct to the eastern end of Goose Island, then along the southern shore of Goose Island, then along the eastern shoreline of the Live Oak Peninsula past the town of Fulton, past Nine Mile Point, past the town of Rockport to a point at the east end of Talley Island including that part of Copano Bay within 1,000 feet of the causeway between Lamar Peninsula and Live Oak Peninsula or possess, use or place more than three crab traps in waters north and west of Highway 146 where it crosses the Houston Ship Channel in Harris County; (ix) remove crab traps from the water or remove crabs from crab traps during the period from 30 minutes after sunset to 30 minutes before sunrise; (x) place a crab trap or portion thereof closer than 100 feet from any other crab trap, except when traps are secured to a pier or dock; (xi) fish a crab trap, in public waters, that is marked with a buoy made of a plastic bottle(s) of any color or size; or (xii) use or place more than three crab traps in public waters of the San Bernard River north of a line marked by the boat access channel at Bernard Acres. (C) Umbrella net. It is unlawful for any person to use an umbrella net with the area within the frame exceeding 16 square feet. (D) Other devices. Devices legally used for taking fresh or saltwater fish or shrimp may be used to take crab if operated in places and at times authorized by a proclamation of the Parks and Wildlife Commission or the Parks and Wildlife Code. This agency hereby certifies that the new rules as adopted have been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 5, 1995. TRD-9504190 Paul M. Shinkawa Acting General Counsel Texas Parks and Wildlife Department Effective date: April 27, 1995 Proposal publication date: February 17, 1995 For further information, please call: (512) 389-4642 Subchapter H. Public Hunting Lands Hunting and Fishing Proclamation 31 TAC sec.sec.65.190-65.196 The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing on March 23, 1995, adopts amendments to sec. sec.65.190-65.196, concerning the 1995-1996 Public Hunting Lands Hunting and Fishing Proclamation. Sections 65.191-65.194 are adopted with changes to the proposed text as published in the February 17, 1995, issue of the Texas Register (20 TexReg 1089). Sections 65.190, 651.195, and 65.196 are adopted without changes to the proposed text and will not be republished. The change to sec.65.191 conforms the definition of hunt to the statutory defintion located at Parks and Wildlife Code, sec.1.101(1). The change to sec.65. 192 shortens the length of time that hunting furbearers and predators with dogs is restricted. The changes to sec.65.193 provide additional fishing opportunity on the Anderson Tract (Old Sabine) and Big Lake Bottom Wildlife Management Areas and allow participants in deer hunts during the general season on Richland Creek Wildlife Management Area an additional day to present harvested animals at the area check station. The change to sec.65.194 requires at least one person in a group to possess a Texas Conservation Passport in order to obtain access to public lands for TCP-sponsored activities. The amendments liberalize trapping regulations; prohibit the use of dogs to hunt furbearers and predators on public lands during daylight hours within an open general season for taking deer; add new hunt categories; eliminate the requirement for on-site registration in special dove hunt areas; provide for antlerless-only deer hunting by annual permit on designated days on the Richland Creek Wildlife Management Area; remove the shotgun-only restriction for hunts by annual permit on White Oak Creek Wildlife Management Area; add new areas and remove areas no longer under department management; and make changes to designations, cross-references, and matters concerning clarity and simplification. The amendments are necessary in order to promote public-user opportunity and prevent waste or depletion of the wildlife resources of the state. The amendments function by increasing hunter opportunity, preventing over- harvest, equitably distributing the available harvest and, in general, preserving and enhancing existing populations while allowing for harvest according to prescribed wildlife and fisheries tenets. The department received 40 comments from the public concerning the new rules. Public comment was taken at 41 public hearings conducted statewide between February 27 and March 8, 1995. Notice of the hearings was published in local newspapers in each locality at least ten days prior to the hearing and news releases were sent to 161 newspapers across the state. Comments were also received by telephone and correspondence during the comment period. Several commenters opposed the proposed prohibition of dogs for the hunting of furbearers and predators during daylight hours within an open general season on public hunting lands. The department responds that many of the commenters were under the impression that the rule affected private as well as public lands. The rule, in fact, applies only to public hunting lands. A change was made, however, to shorten the time period during which the prohibition would be in effect. One commenter opposed the use of dogs for hunting on public lands. The department responds that it strives to accomodate, to the greatest extent possible, the interests of various user groups with respect to hunting and recreational opportunity on public lands. Several commenters, including Voice for Animals and Park People, were opposed to conducting public hunts on state parks. The department responds that it is following the policy of the Texas Parks and Wildlife Commission, which is to promote public-user opportunity to the greatest extent feasibly possible on lands owned, leased, or managed by the department. The amendments are adopted under the Parks and Wildlife Code, Chapter 81, Subchapter E, which provides the Parks and Wildlife Commission with authority to regulate seasons, numbers, means, methods, and conditions for taking wildlife resources on wildlife management areas; with respect to designated state parks, the Commission is acting under the authority of the Parks and Wildlife Code, Chapter 12, Subchapter A, which provides that a tract of land purchased primarily for a purpose authorized by the code may be used for any authorized function of the Department if the Commission determines that multiple use is the best utilization of the land's resources, and Chapter 62, Subchapter D, which provides authority, as sound biological management practices warrant, to prescribe seasons, number, size, kind, and sex and the means and method of taking any wildlife. sec.65.191. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Baiting-The placement of salt, mineral, molasses and other sugar-based products, grain, fruit, nuts, bulbs, tubers, roots, vegetative material or other food substance used as an attractant for wildlife on public hunting lands. The use of calling devices or scent lures simulating animal odors is not considered baiting. Designated days -Specific days within an established season or period of time as designated by the executive director and identified in current departmental publications, "Public Hunting Lands Map Booklet" and/or "Applications For Drawings On Public Hunting Lands." Designated units of the state park system -Specific units of the state park system approved by the commission for application of provisions of this subchapter and identified in current departmental publications, "Public Hunting Lands Map Booklet" and/or "Applications For Drawings On Public Hunting Lands." Hunt-seek or pursue with intent to take or kill and includes take, kill, and an attempt to take or kill. Limited use zone-An area designated in the current publication, "Public Hunting Lands Map Booklet," identified by boundary signs, and within which hunting and the use of firearms or archery equipment is prohibited or restricted to specified means and methods or periods of time. Public hunting compartment-A defined portion of the public hunting area to which an individual or group of people is assigned during a specific hunt period and within which the individual or group of people is authorized to perform public hunting activity. sec.65.192. General Rules and Regulations. (a) The following rules and regulations apply to all public hunting lands unless an exception is provided in the Open Seasons and Special Regulations section for a specific area. (1)-(8) (No change.) (9) It is unlawful for any person to not obey regulations posted at the area or listed in current departmental publications, "Public Hunting Lands Map Booklet" and/or "Applications For Drawings On Public Hunting Lands" or supplements to these publications, fail to comply with instructions on permits or area leaflets, or refuse to follow directives given by departmental personnel in the discharge of official duties as established by Texas Parks and Wildlife Code, sec.sec.81.401-81.404. (10)-(11) (No change.) (12) It is an offense if a person within the hunt area when hunting with firearms is permitted fails to visibly wear a minimum of 400 square inches of daylight fluorescent orange material with orange headwear and 144 square inches appearing on both the chest and back, except that persons hunting only the following species are exempt from this requirement: (A) -(E) (No change.) (13)-(16) (No change.) (17) It is an offense for a person under 17 years of age (minor) to fail to be under the immediate supervision of a duly permitted and authorized supervising adult when hunting on public hunting lands. For a minor who has received hunter education certification, the requirement for immediate supervision is relaxed to the extent that while the minor is engaged in hunting activities, the authorized supervising adult is required only to be present on the public hunting area. (18) (No change.) (19) Trapping. (A)-(B) (No change.) (C) The use of traps and snares for taking furbearing animals or predatory animals is an offense, except: (i)-(iii) (No change.) (iv) when placement of the set trap or snare is no closer than 50 yards from the nearest designated road or public hunting lands boundary and no closer than 400 yards from the nearest designated campsite; (v)-(vi) (No change.) (20)-(23) (No change.) (24) Archery. (A) Regulations governing the use of archery equipment for hunting on public hunting lands governed by this subchapter are as follows: (i)-(iii) (No change.) (B)-(D) (No change.) (25) Hunting with dogs. (A) It is an offense to use a dog or dogs in hunting, pursuing, or taking deer, exotic mammals, pronghorn antelope, desert bighorn sheep, javelina, or turkey, except as provided in subparagraphs (B) and (C) of this paragraph. (B) It is an offense to use more than two leashed dogs in trailing wounded deer or wounded exotic mammals. (C) It is an offense to use a dog or dogs in hunting, pursuing, or taking feral hogs on the Sam Houston National Forest Wildlife Management Area (Unit 905) other than during the period from January 15-March 15. (D) It is lawful to use a dog or dogs in hunting squirrel, rabbits and hares, furbearing animals, predatory animals, or game birds other than turkey during the open season prescribed on public hunting lands, except as provided in subparagraph (E) of this paragraph. (E) It is an offense to use a dog or dogs in hunting furbearing animals or predatory animals during daylight hours within an open general season for taking deer on public hunting lands. (26) Falconry. (A) It is an offense to use a falcon to hunt or take migratory game birds except during the seasons provided in this subchapter and in accordance with the means, methods and special restrictions as provided in Subchapter N of this title (relating to Early Season Migratory Game Bird Proclamation) and Subchapter O of this title (relating to Late Season Migratory Game Bird Proclamation). (B) It is an offense to use a falcon to hunt or take any non-migratory game bird, game animal, or rabbits and hares except during the seasons provided in this subchapter and in accordance with the means, methods and special restrictions as provided in Subchapter A of this title (relating to Statewide Hunting and Fishing Proclamation). (27) Checking game, entering and exiting public hunting lands. (A) When hunting under special or regular permit, it is an offense if a person fails to check in at a public hunt area check station prior to initiation of hunting activities, except as provided in subparagraph (C) of this paragraph. Unless otherwise authorized in writing by the department or as provided in subparagraph (C) of this paragraph, it is an offense if a person hunting under special or regular permit fails to check out at a public hunt area check station and allow inspection of the bag before leaving the area. (B) (No change.) (C) The requirement for a public hunter to check in and check out at a departmental check station during hunts by regular permit may be waived for specific hunts as designated in the Public Hunting Lands Map Booklet or supplement to the Public Hunting Lands Map Booklet. Participation in such hunts where the check station requirement has been waived will be solely by annual public hunting permit. (D) It is an offense if a person enters public hunting lands at any location other than an authorized entry location or exits public hunting lands at any location other than an authorized exit location. (E) Access for non-consumptive use and fishing may be temporarily restricted while hunts are being conducted by special or regular permit. (F) It is an offense if a person who does not possess a valid permit enters a public hunt area at a time when access is restricted to only persons possessing a valid permit. (G) It is an offense for a person to enter an area identified by boundary signs as a limited use zone or a sanctuary and fail to obey the restrictions on public use posted at the area. (H) It is an offense for a person to enter an area identified by boundary signs as a restricted area. (I) Employees of the department may remove parts from specimens harvested on public hunting lands for scientific investigation. (28)-(29) (No change.) (b) The following rules and regulations apply to the taking of specific wildlife resources. (1) Deer. (A) Hunt categories include Archery-Only, Buck-Only or Either-Sex General, Antlerless/Spike-Only General and Youth-Only General. (B)-(C) (No change.) (2)-(5) (No change.) sec.65.193. Open Seasons, Bag and Possession Limits, and Means and Methods; General Rules. (a) It is unlawful to take wildlife resources at any time other than during the open seasons provided in this subchapter, by means or methods not prescribed in this subchapter, or to take more than the daily bag limits, or to have in possession more than the possession limits, as provided in this subchapter. (b)-(r) (No change.) (s) Open seasons, bag and possession limits, means and methods, and special regulations for legal species and legal activities on specific areas. (1) Alazan Bayou Wildlife Management Area. (A) Deer: archery-during the periods of October 1-October 31 and from the first Saturday in November through the first Sunday in January; three deer, one buck only (either sex during October and the first full weekend in November and buck-only thereafter); by annual public hunting permit. (B)-(K) (No change.) (L) Special regulations: (i) (No change.) (ii) It is an offense to use a firearm other than a muzzleloading firearm to take or attempt to take exotic mammals during the general season designated for exotic mammals. (2) Anderson Tract (Old Sabine) Wildlife Management Area. (A) Deer: (i) archery-on designated days during the period from September 1-January 31; one deer (either sex); by annual public hunting permit. (ii) general-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: (i) concurrent seasons-to correspond with permit requirements, means and methods, hunt dates, and shooting hours designated for taking deer; no bag or possession limits. (ii) general-during the period from Sepember 1-August 31; no bag or possession limits; by special permit. (C) Waterfowl-on designated days during the waterfowl seasons established for Smith County; shooting hours end at noon; by annual public hunting permit. (D) Squirrel-on designated days; by annual public hunting permit. (E) Rabbits and hares-to correspond with hunt dates and shooting hours designated by squirrel hunts; no bag or possession limits; by annual public hunting permit. (F) Fishing-fishing is closed on dates designated for hunts by special permit; annual public hunting permit required. On dates when the area is closed to hunting, entry to and exit from the area for fishing is restricted to pedestrian travel from Farm Road 1804 or by boat from public waters. (G) Special regulations: (i) Public access to the area will be restricted to specific periods of time and means as designated in the Public Hunting Lands Map Booklets. (ii) It is an offense for a public user to be on the area during the period from two hours after official sunset to two hours before official sunrise, except by written authorization of the department. (iii) It is an offense to possess a rifle or handgun of greater size than .22- caliber rimfire while hunting during the season designated for squirrel. (iv) The use or possession of dogs is an offense, except one dog per annual public hunting permit holder may be used when hunting waterfowl, squirrel, or rabbits and hares. (v) Horses, mules, burros, or other types of riding stock or pack animals may be possessed and used only in accordance with written authorization of the department for educational events sanctioned by the department. (vi) It is an offense to park in other than designated parking areas. (3) Aquilla Wildlife Management Area. (A) Deer: archery-to correspond with hunt dates established by the Statewide Hunting and Fishing Proclamation for taking deer in Hill County during the archery-only season and the general season; one deer (buck only); by annual public hunting permit. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods designated for taking deer; no bag or possession limit; by annual public hunting permit. (C) Squirrel-by annual public hunting permit. (D) Turkey-during the spring season established by the Statewide Hunting and Fishing Proclamation for taking turkey in Hill County; one turkey (gobbler only); by annual public hunting permit. (E) Quail-by annual public hunting permit. (F) Mourning dove-by annual public hunting permit. (G) Sandhill crane-by annual public hunting permit. (H) Waterfowl-season closed within that portion of the area designated by signs as a waterfowl sanctuary; by annual public hunting permit. (I) Snipe-by annual public hunting permit. (J) Rabbits and hares-no bag or possession limits; by annual public hunting permit. (K) Fishing-no permit required. (L) Special regulations-It is an offense to use any device other than shotguns with non-toxic shot or no larger than #4 lead shot or bow and arrow for hunting (Non-toxic shot requirements for hunting waterfowl remain in effect). (4) Atkinson Island Wildlife Management Area-special regulations: (A) It is an offense to take wildlife resources other than fish. (B) It is an offense to park a boat on the area in any place except the nonvegetated beach zone. (C) It is an offense for a person to allow a dog, cat, or any animal to enter the area unleashed and not under the person's physical control. (5) Big Lake Bottom Wildlife Management Area. (A) Deer: (i) archery-on designated days during the period from September 1-January 31; one deer (either sex); by annual public hunting permit. (ii) general-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: (i) concurrent seasons-to correspond with permit requirements, means and methods, hunt dates, and shooting hours designated for taking deer; no bag or possession limits. (ii) general-during the period from September 1-August 31; no bag or possession limits; by special permit. (C) Waterfowl-on designated days during the waterfowl seasons established for Anderson County; shooting hours end at noon; by annual public hunting permit. (D) Squirrel-on designated days; by annual public hunting permit. (E) Rabbits and hares-to correspond with hunt dates and shooting hours designated for squirrel hunts; no bag or possession limits; by annual public hunting permit. (F) Fishing-fishing is closed on dates designated for hunts by special permit; annual public hunting permit is required. (G) Special regulations: (i) Public access to the area is only by boat from public waters or from adjacent private lands with the landowner's permission. (ii) It is an offense to possess a rifle of handgun of greater size than .22- caliber rimfire while hunting during the season designated for squirrel. (iii) The use or possession of dogs is an offense, except one dog per annual public hunting permit holder may be used when hunting waterfowl, squirrel, or rabbits and hares. (iv) Horses, mules, burros, or other types of riding stock or pack animals may be possessed and used only in accordance with written authorization of the department for educational events sanctioned by the department. (6) Black Gap Wildlife Management Area. (A) Deer: (i) archery-on designated days during the period from September 1-January 31; one deer (buck only); by annual public hunting permit. (ii) general-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Javelina: (i) archery: concurrent seasons -to correspond with dates and shooting hours designated for archery-only deer hunts; one javelina (either sex); by annual public hunting permit. (ii) general-during the period from September 1-March 31; one javelina (either sex); by special permit. (C) Quail-on designated days; by annual public hunting permit. (D) Mourning dove-on designated days; by annual public hunting permit. (E) Rabbits and hares-to correspond with hunt dates and shooting hours designated for quail and mourning dove; no bag or possession limit; by annual public hunting permit. (F) Fishing and river-related public use. Impoundments are closed to fishing. Fishing in and public access to the Rio Grande River is permitted year-round, except on days when hunts are being conducted by special permit; annual public hunting permit required, except public users who enter and exit the area by boat are not required to possess an annual public hunting permit. Public users are required to use Maravillas Canyon and Horse Canyon roads only while going to and from the Rio Grande River. From the point where the Maravillas Canyon Road enters the Rio Grande Valley downstream to the area boundary, a river-related public user who does not possess an annual public hunting permit commits an offense if the public user does not stay within the area between the road and the river or within 300 yards of the river from the aforementioned point upstream to the area boundary. (G) Special regulations-It is an offense if a public user fails to perform on- site registration at the area headquarters, except fishermen who enter and exit the area by boat are not required to perform on-site registration. (7) Caddo Lake State Park and Wildlife Management Area. (A) Seasons and bag limits for taking wildlife resources are as provided for Marion and Harrison counties. (B) Special Regulations: (i) The requirement of an annual public hunting permit or a limited public use permit is waived. (ii) Existing permanent duck blinds which were in place on October 16, 1992 may be repaired and maintained; however it is a violation to construct a new permanent duck blind or to repair or maintain a permanent duck blind which was initially constructed after October 16, 1992. (iii) It is an offense to establish a temporary duck blind less than 300 yards from an existing duck blind. (iv) It is an offense to discharge a firearm within that portion of the area designated by signs as a Limited Use Zone. (8) Candy Abshier Wildlife Management Area-special regulations: (A) It is an offense to take wildlife resources other than fish. (B) It is an offense to park or operate motor vehicles in an area other than the designated parking area. (C) It is an offense to enter a restricted area, except as authorized in writing by the Department. (D) It is an offense for a person to allow a dog, cat, or any animal to enter the area unleashed and not under the person's physical control. (9) Cedar Creek Islands Wildlife Management Area (Big Island, Bird Island, and Telfair Island Units) -special regulations: (A) It is an offense to take wildlife resources other than fish. (B) It is an offense to enter a restricted zone, except as authorized in writing by the Department. (C) It is an offense to park a boat on the area in any place except the nonvegetated beach zone. (D) It is an offense for a person to allow a dog, cat, or any animal to enter the area unleashed and not under the person's physical control. (10) Chaparral Wildlife Management Area. (A) Deer: (i) archery-during the period from September 1-January 31; one deer (either sex); by special permit. (ii) general-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, means and methods, and permit requirements for taking deer, javelina, and coyote; no bag or possession limit. (C) Javelina: (i) archery: concurrent seasons -to correspond with dates and shooting hours designated for archery-only deer hunts; one javelina (either sex); by special permit. (ii) general-during the period of September 1-March 31; one javelina (either sex); by special permit. (D) Quail-on designated days during the period from October-February; by regular permit. (E) Mourning dove-on designated days by regular permit. (F) Rabbits and hares-to correspond with hunt dates and shooting hours designated for quail and mourning dove; no bag or possession limit; by regular permit. (G) Coyote-during the period from September 1-August 31; no bag or possession limit; by regular permit. (H) Fishing-no open season. (11) Cooper Wildlife Management Area. (A) Deer: (i) archery-on designated days, one deer (either sex during the archery-only deer season established for Delta and Hopkins counties and buck-only otherwise); by annual public hunting permit. (ii) general-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, means and methods, and permit requirements designated for deer; no bag or possession limits. (C) Squirrel-on designated days; by annual public hunting permit. (D) Quail-on designated days; by annual public hunting permit. (E) Mourning dove-on designated days; by annual public hunting permit. (F) Waterfowl-on designated days during the waterfowl seasons established for Delta and Hopkins counties; shooting hours end at noon; by annual public hunting permit. (G) Woodcock-on designated days; by annual public hunting permit. (H) Snipe-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit. (I) Rabbits and hares-on designated days; by annual public hunting permit. (J) Fishing-no permit required. (K) Special regulations-It is an offense to use any device other than shotguns with non-toxic shot or no larger than size #4 lead shot or bow and arrow for hunting, except that lawful firearms, including shotguns using only slugs, are the only legal firearm for taking deer or exotic mammals during the general season (Non-toxic shot requirements for hunting waterfowl remain in effect). (12) Dam B Wildlife Management Area. (A) Deer: (i) archery-one deer (either sex); by annual public hunting permit. (ii) general-one deer (buck only); by annual public hunting permit. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods designated for deer; no bag or possession limit; by annual public hunting permit. (C) Squirrel-by annual public hunting permit. (D) Quail-by annual public hunting permit. (E) Mourning doves-by annual public hunting permit. (F) Waterfowl-by annual public hunting permit. (G) Woodcock-by annual public hunting permit. (H) King and clapper rail-by annual public hunting permit. (I) Sora and Virginia rails-by annual public hunting permit. (J) Gallinules-by annual public hunting permit. (K) Snipe-by annual public hunting permit. (L) Rabbits and hares-no closed season; no bag or possession limits; by annual public hunting permit. (M) Furbearing animals-during the period from September 1-March 31; by annual public hunting permit. (N) Coyotes-during the period from September 1-March 31; no bag or possession limit; by annual public hunting permit. (O) Fishing-no permit required. (P) Special regulations: (i) Camping is by permit only; permits may be obtained at the U.S. Corps of Engineers office at the reservoir site. (ii) The use of airboats is an offense. (iii) It is an offense to use any device other than shotguns with non-toxic shot or no larger than size #4 lead shot or bow and arrow for hunting, except that lawful firearms, including shotguns using only slugs, are the only legal firearms for taking deer or exotic mammals during the general season (Non-toxic shot requirements for hunting waterfowl remain in effect). (iv) Dogs may be used in hunting coyotes and furbearers. (13) Designated units of the Las Palomas Wildlife Management Area. (A) Chachalaca-on designated days by annual public hunting permit. (B) Mourning dove-on designated days by annual public hunting permit. (C) White-winged dove-on designated days by regular permit, except on the Ocotillo Unit, where an annual public hunting permit is required. (D) Fishing-no open season, except on the Ocotillo Unit, where an annual public hunting permit is required. (E) Special regulations: (i) It is an offense to park other than in designated parking areas, except on the Ocotillo Unit, where parking is also permitted immediately adjacent to designated roads and on the shoulder of Farm Road 170 provided that the vehicle is pulled completely off of the road so as not to block traffic or create a safety hazard. (ii) It is an offense if a person hunting on the Ocotillo Unit fails to perform on-site registration. (iii) The taking of wildlife resources on the Kiskadee Unit is an offense. (iv) It is an offense for a person to enter the Kiskadee Unit during the period from May 1-August 31 unless authorized in writing by the department. (v) It is an offense for a person to allow a dog, cat, or other animal to enter the Kiskadee Unit unleashed and not under the person's physical control. (14) Designated units of public hunting lands under short-term lease. (A) Deer: (i) archery: (I) During the period from September 1-January 31; one deer as specified on the permit; by special permit. (II) On designated days during the period from September 1-January 31; one deer as specified by permit; by annual hunting permit. (ii) general: (I) During the period from October 1-February 15; one deer as specified on the permit; by special permit. (II) On designated days during the period from October 1-February 15; one deer as specified on the permit; by annual public hunting permit. (B) Exotic animals: (i) archery: (I) During the period from September 1-August 31; no bag or possession limit; by special permit. (II) On designated days during the period from September 1-August 31; no bag or possession limit; by annual hunting permit. (ii) general: (I) During the period from September 1-August 31; no bag or possession limit; by special permit. (II) On designated days during the period from September 1-August 31; no bag or possession limit; by annual public hunting permit. (C) Javelina (i) archery: (I) During the period from September 1-March 31; one javelina (either sex); by special permit. (II) On designated days during the period from September 1-March 31; one javelina (either sex); by annual public hunting permit. (ii) general: (I) During the period from September 1-March 31; one javelina (either sex); by special permit. (II) On designated days during the period from September 1-March 31; one javelina (either sex); by annual public hunting permit. (D) Squirrel: (i) On designated days by regular permit. (ii) On designated days by annual public hunting permit. (E) Turkey-during the months of April and May; one gobbler; by special permit. (F) Quail: (i) On designated days by regular permit. (ii) On designated days by annual public hunting permit. (G) Mourning dove: (i) On designated days by regular permit. (ii) On designated days by annual public hunting permit. (H) White-winged dove: (i) On designated days by regular permit. (ii) On designated days by annual public hunting permit. (I) Waterfowl: (i) On designated days by regular permit; shooting hours end at noon. (ii) On designated days by annual public hunting permit; shooting hours end at noon. (J) Sandhill crane: (i) On designated days by regular permit; shooting hours end at noon. (ii) On designated days by annual public hunting permit; shooting hours end at noon. (K) Snipe: (i) On designated days by regular permit; shooting hours end at noon. (ii) On designated days by annual public hunting permit; shooting hours end at noon. (L) Rails: (i) On designated days by regular permit; shooting hours end at noon. (ii) On designated days by annual public hunting permit; shooting hours end at noon. (M) Gallinule: (i) On designated days by regular permit; shooting hours end at noon. (ii) On designated days by annual public hunting permit; shooting hours end at noon. (N) Woodcock: (i) On designated days by regular permit. (ii) On designated days by annual public hunting permit. (O) Fishing-on designated days by annual public hunting permit; restricted to daylight hours. (P) Special regulations: (i) It is an offense if a public user fails to perform on-site registration when required for specific units and hunts as designated in the Public Hunting Lands Map Booklet or supplement to the Public Hunting Lands Map Booklet. (ii) The use of airboats is an offense. (iii) It is an offense to use any device other than shotguns with nontoxic shot no larger than size #4 lead shot or bow and arrow for hunting, except that lawful firearms, including shotguns using only slugs, are the only legal firearms for taking deer or exotic mammals during the general season (nontoxic shot requirements for hunting waterfowl remain in effect). (iv) It is an offense to possess a rifle or handgun of greater size than . 22-caliber rimfire while hunting during the season designated for squirrel. (v) The use or possession of dogs is an offense, except one dog per permit- holding hunter is permitted for hunting migratory game birds, quail, pheasant or squirrel. (vi) It is an offense to park in other than designated parking areas. (15) Designated Units of the Playa Lakes Wildlife Management Area. (A) Pheasant-on designated days; by annual public hunting permit. (B) Quail-on designated days; by annual public hunting permit. (C) Mourning dove-on designated days; by annual public hunting permit. (D) Waterfowl-on designated days during designated shooting hours; by annual public hunting permit. (E) Sandhill crane-on designated days during designated shooting hours; by annual public hunting permit. (F) Snipe-on designated days during designated shooting hours; by annual public hunting permit. (G) Rabbits and hares-on designated days; no bag or possession limits; by annual public hunting permit. (H) Fishing-on designated days; by annual public hunting permit. (16) Designated units of the state park system. (A) Deer: (i) archery-on designated days during the period from September 1-January 31; one deer (either sex); by annual public hunting permit or special permit. (ii) general-during the period from October 1-February 15; up to two deer as specified on the permit; by special permit. (B) Exotic mammals: (i) concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods designated for deer; no bag or possession limit; by special permit. (ii) general-during the period from September 1-August 31; no bag or possession limits; by special permit. (C) Designated exotic mammal-during the period from September 1-August 31; designated exotic mammals of the type and number as specified on the permit; by special permit. (D) Javelina: (i) archery-on designated days during the period from September 1-March 31, by special permit; also concurrent with hunt dates, shooting hours, and permit requirements for designated archery deer hunts by annual public hunting permit or special permit; one javelina (either sex). (ii) general-during the period from September 1-March 31; one javelina (either sex); by special permit. (E) Squirrel-on designated days by regular or annual public hunting permit. (F) Turkey-during the months of April and May; one gobbler; by special permit. (G) Quail-on designated days during the period from October through February; by regular or annual public hunting permit. (H) Mourning dove-on designated days by regular or annual public hunting permit. (I) White-winged dove-on designated days by regular or annual public hunting permit. (J) Waterfowl-on designated days; shooting hours end at noon; by regular or annual public hunting permit. (K) King and clapper rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular or annual public hunting permit. (L) Sora and Virginia rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular or annual public hunting permit. (M) Gallinule-on dates and shooting hours which corresond to those designated for waterfowl hunts; by regular or annual public hunting permit. (N) Snipe-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular or annual public hunting permit. (O) Alligator-One alligator as specified on the permit; means and methods as specified on the permit or attachments; by special permit. (P) Special regulations: (i) The use of airboats is an offense, except that airboats having a motor of no greater than ten horsepower may be used on Sea Rim State Park. (ii) The use or possession of dogs is an offense, except one dog per permit- holding hunter is permitted for hunting migratory game birds, quail or squirrel. (17) Elephant Mountain Wildlife Management Area. (A) Deer: (i) archery-during the period from September 1-January 31; one deer (buck only); by special permit. (ii) general-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Javelina: (i) archery: concurrent seasons -to correspond with dates and shooting hours designated for archery-only deer hunts; one javelina (either sex); by special permit. (ii) general-during the period from September 1-March 31; one javelina (either sex); by special permit. (C) Pronghorn antelope-during the period from September 1-October 31; one antelope as specified on the permit; by special permit. (D) Desert bighorn sheep-during the period from September 1-August 31; one desert bighorn sheep ram as specified on the permit; by special permit. (E) Quail-on designated days during the period from October-February; by annual public hunting permit. (F) Mourning dove-on designated days by annual public hunting permit. (G) Rabbits and hares-to correspond with hunt dates and shooting hours designated for quail and mourning dove; no bag or possession limit; by annual public hunting permit. (H) Fishing-no open season. (I) Special regulations: (i) The possession and use of horses, mules, burros and other types of riding stock or pack animals during public hunts for desert bighorn sheep may be permitted in accordance with written authorization of the department. (ii) It is an offense if a public user fails to perform on-site registration. (18) Gene Howe Wildlife Management Area (includes Pat Murphy Unit). (A) Deer: (i) archery-on designated days during the period from September 1-January 31; one deer (either sex); by annual public hunting permit; no open season on the Pat Murphy Unit. (ii) general-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, means and methods and permit requirements for deer; no bag or possession limit. (C) Turkey-during the months of April and May; one gobbler; by special permit. (D) Quail-on designated days during the period from October-February; by annual public hunting permit. (E) Mourning dove-on designated days by annual public hunting permit. (F) Rabbits and hares-to correspond with hunt dates and shooting hours designated for quail and mourning dove; no bag or possession limit; by annual public hunting permit. (G) Fishing-season closed on days when hunts are conducted by special permit; annual public hunting permit required. (H) Special regulations-It is an offense if a public user fails to perform on- site registration. (19) Granger Wildlife Management Area. (A) Exotic mammal: archery-during the period from September 1-August 31; no bag or possession limit; by annual public hunting permit. (B) Squirrel-by annual public hunting permit. (C) Quail-by annual public hunting permit. (D) Mourning doves-by annual public hunting permit. (E) Waterfowl-by annual public hunting permit. (F) Woodcock-by annual public hunting permit. (G) Gallinules-by annual public hunting permit. (H) Snipe-by annual public hunting permit. (I) Rabbits and hares-no closed season; no bag or possession limits; by annual public hunting permit. (J) Furbearing animals-during daylight hours only from September 1-March 31; by annual public hunting permit. (K) Coyotes-during daylight hours only from September 1-March 31; no bag or possession limit; by annual public hunting permit. (L) Fishing-no permit required. (M) Special regulations: (i) It is an offense to park other than in designated areas. (ii) It is a violation to use any type of device other than a shotgun with non-toxic shot or no larger than size #4 lead shot or bow and arrow for hunting (Non-toxic shot requirements for hunting waterfowl remain in effect). (iii) Dogs may be used in hunting coyotes and furbearers. (20) Guadalupe Delta Wildlife Management Area. (A) Waterfowl-on designated days; shooting hours end at noon; by regular permit. (B) King and clapper rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (C) Sora and Virginia rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (D) Gallinules-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (E) Snipe-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (F) Alligator-One alligator as specified on the permit; means and methods as specified on the permit or attachments; by special permit. (21) Gus Engeling Wildlife Management Area. (A) Deer: (i) archery-on designated days during the period from September 1-January 31; one deer (either sex); by annual public hunting permit. (ii) general-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: (i) archery: concurrent seasons -to correspond with hunt dates and shooting hours designated for archery-only deer hunts; no bag or possession limits; by annual public hunting permit. (ii) general-during the period from September 1-August 31; no bag or possession limits; by special permit. (C) Squirrel-on designated days; by annual public hunting permit. (D) Turkey-during the months of April and May; one gobbler; by special permit. (E) Waterfowl-on designated days; shooting hours end at noon; by annual public hunting permit. (F) Woodcock-on dates and shooting hours which correspond with those designated for waterfowl hunts; by annual public hunting permit. (G) Gallinules-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit. (H) Snipe-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit. (I) Rabbits and hares-to correspond with dates and shooting hours designated for squirrel hunts; no bag or possession limits; by annual public hunting permit. (J) Fishing-season is closed on dates designated for hunts by special or regular permit; by annual public hunting permit. (K) Special regulations: (i) It is an offense if a public user fails to perform on-site registration. (ii) It is an offense to possess a rifle or handgun of greater size than .22- caliber rimfire while hunting during the season designated for squirrel. (iii) Individuals who participate only in the self-guided driving tour and designated nature trails need not possess a Texas Conservation Passport. (iv) Horses, mules, burros and other types of riding stock or pack animals may be possessed and used in accordance with written authorization of the department for educational events sanctioned by the department. (22) James Daughtrey Wildlife Management Area. (A) Deer: (i) archery-during the period from September 1-January 31; one deer (either sex); by special permit. (ii) general-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods established for deer hunts; no bag or possession limit; by special permit. (C) Javelina: (i) archery: concurrent seasons -to correspond with dates and shooting hours designated for archery-only deer hunts; one javelina (either sex); by special permit. (ii) general-during the period of September 1-March 31; one javelina (either sex); by special permit. (D) Turkey-during the months of April and May; one gobbler; by special permit. (E) Quail-on designated days during the period from October-February; by annual public hunting permit. (F) Mourning dove-on designated days by annual public hunting permit. (G) Waterfowl-by annual public hunting permit. (H) Sandhill crane-by annual public hunting permit. (I) Snipe-by annual public hunting permit. (J) Rabbits and hares-to correspond with hunt dates and shooting hours designated for quail and mourning dove; no bag or possession limit; by annual public hunting permit. (K) Coyote-on designated days during the period from September 1-August 31; no bag or possession limit; by regular permit. (L) Fishing-no permit required. (M) Special regulations-during times when hunting by special permit is being conducted on the area, it is an offense if a person without a valid special hunting permit ventures inland farther than a distance of 100 yards from the shoreline of Choke Canyon Reservoir. (23) J. D. Murphree Wildlife Management Area. (A) Waterfowl-on designated days; shooting hours end at noon; by regular permit. (B) King and clapper rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (C) Sora and Virginia rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (D) Gallinules-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (E) Snipe-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (F) Fishing-no permit required. (i) In that portion of Keith Lake which lies within the confines of the J. D. Murphree Wildlife Management Area, fishing is permitted year-round with no daylight restrictions. (ii) It is an offense to fish in that portion of Big Hill Bayou which lies within the J. D. Murphree Area, except during the period from the Monday following the closing of waterfowl season through October 31, both days inclusive, from 30 minutes before sunrise to 30 minutes after sunset. (iii) In the remainder of the area, it is an offense to fish except during the period from March 1-August 31, both days inclusive, from 30 minutes before sunrise to 30 minutes after sunset, but when required by the department for the proper management of waterfowl resources, leveed wetland compartments or outside borrow ditches may be temporarily closed to fishing. (iv) Powered skiffs, powered boats, or powered floating craft of any type with motor not to exceed 35 horsepower shall be permitted within leveed wetland compartments during the period from March 1-August 31. (v) The use of boats, skiffs, or floating craft of any type in the ditches along the west boundary of Wetland Compartments 5-9, and the north boundary of Wetland Compartment 11 is an offense, except for travel by permitted hunters. (vi) It is an offense to take fish within leveed wetland compartments and borrow-ditch areas other than by means of pole and line, except that gar may be taken by means of bowfishing utilizing an arrow securely attached to the bow with a line. (vii) It is an offense for a person to leave a fishing line unattended at any time within a leveed compartment or borrow-ditch. (viii) In that portion of Big Hill Bayou and Keith Lake which lies within the J. D. Murphree Area, the use of jug lines and seines and nets other than 20-foot minnow seines is an offense. (G) Alligator-One alligator as specified on the permit; means and methods as specified on the permit or attachments; by special permit. (H) Special regulations: (i) The use of airboats is an offense, except in Big Hill Bayou, Blind Bayou, and Keith Lake. (ii) The use or possession of dogs is an offense except one dog per permit- holding hunter is permitted to retrieve dead or wounded waterfowl. (24) Keechi Creek Wildlife Management Area. (A) Deer: (i) archery-during the period from September 1-January 31; one deer (either sex); by special permit. (ii) general-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: (i) concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods designated for deer hunts; no bag or possession limits; by special permit. (ii) general-during the period from September 1-August 31; no bag or possession limits; by special permit. (C) Squirrel-on designated days; by regular permit. (D) Turkey-during the months of April and May; one gobbler; by special permit. (E) Waterfowl-on designated days; shooting hours end at noon; by regular permit. (F) Woodcock-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (G) Gallinules-on dates and shooting hours which correspond to those designated for waterfowl hunts; by regular permit. (H) Snipe-on dates and shooting hours which correspond to those established for waterfowl hunts; by regular permit. (I) Rabbits and hares-to correspond with dates and shooting hours designated for squirrel hunts; no bag or possession limits; by regular permit. (J) Fishing-no open season. (K) Special regulations-It is an offense to possess a rifle or handgun of greater size than .22-caliber rimfire while hunting during the season designated for squirrel. (25) Kerr Wildlife Management Area. (A) Deer: (i) archery-during the period from September 1-January 31; one deer (either sex); by special permit. (ii) general-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammals: (i) concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods designated for deer hunts; no bag or possession limit; by special permit. (ii) general-during the period from September 1-August 31; no bag or possession limit; means and methods as specified on the permit; by special permit. (C) Javelina: archery-concurrent seasons-to correspond with dates and shooting hours designated for archery-only deer hunts; one javelina (either sex); by special permit. (D) Turkey-during the months of April and May; one gobbler; by special permit. (E) Mourning dove-on designated days; by annual public hunting permit. (F) Rabbits and hares-to correspond with hunt dates and shooting hours established for mourning dove; no bag or possession limit; by annual public hunting permit. (G) Fishing-no permit required; on-site registration required. (H) Individuals who participate only in the self-guided driving tour need not possess a Texas Conservation Passport or perform on-site registration. (26) Lands within a desert bighorn sheep cooperative unit. (A) Desert bighorn sheep-during the period from September 1-August 31; one desert bighorn sheep ram as specified on the permit; by special permit. (B) Special regulations-the possession and use of horses, mules, burros and other types of riding stock or pack animals during public hunts for desert bighorn sheep may be permitted on departmental lands in accordance with written authorization of the department. (27) Lower Neches Wildlife Management Area. (A) Waterfowl-on designated days; shooting hours end at noon; by annual public hunting permit. (B) King and clapper rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit. (C) Sora and Virginia rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit. (D) Gallinules-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit. (E) Snipe-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit. (F) Fishing-no permit required. (i) It is an offense to take fish within the area other than by means of pole and line, except that gar may be taken by means of bowfishing utilizing an arrow securely attached to the bow with a line. (ii) It is an offense for a person to leave a fishing line unattended at any time within the area. (iii) It is an offense to use trotlines and juglines. (iv) It is an offense to use crab traps in that portion of the area east of State Highway 87. (v) In the Nelda Stark Unit and in that portion of the Old River Unit that includes the Old River Cove, the Gulf States Utilities (G.S.U.) intake canal, and 150 feet on either side of Lake Street and State Highway 87, fishing is permitted year-round without daylight restrictions. (vi) In the portion (1,437 acres) of The Old River Unit leased from Gulf States Utilities, west of Hwy 87, it is an offense to fish except during the period from Monday following the close of waterfowl season through October 31, both days inclusive, from 30 minutes before sunrise to 30 minutes after sunset, but when required by the Department for the proper management of waterfowl resources, portions of the area may be closed to fishing for temporary periods of time. (vii) In the remainder of the Old River Unit, it is an offense to fish except during the period from March 1-August 31, both days inclusive, from 30 minutes before sunrise to 30 minutes after sunset, but when required by the department for the proper management of waterfowl resources, portions of the area may be closed to fishing for temporary periods of time. (G) Alligator-One alligator as specified on the permit; means and methods as specified on the permit or attachments; by special permit. (H) Special regulations: The use of airboats is an offense in the Old River Unit. (28) Mad Island Wildlife Management Area (includes Matagorda Peninsula Unit). (A) Waterfowl-on designated days; shooting hours end at noon; by annual public hunting permit on the Matagorda Peninsula Unit and by regular permit elsewhere. (B) King and clapper rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit on the Matagorda Peninsula Unit and by regular permit elsewhere. (C) Sora and Virginia rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit on the Matagorda Peninsula Unit and by regular permit elsewhere. (D) Gallinules-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit on the Matagorda Peninsula Unit and by regular permit elsewhere. (E) Snipe-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit on the Matagorda Peninsula Unit and by regular permit elsewhere. (F) Dove-only on the Matagorda Peninsula Unit; on designated days; by annual public hunting permit. (G) Alligator-One alligator as specified on the permit; means and methods as specified on the permit or attachments; by special permit. (29) Matador Wildlife Management Area. (A) Deer: (i) archery-during the period from September 1-January 31; one deer (buck only); by special permit. (ii) general-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammals: concurrent seasons-to correspond with hunt dates, shooting hours, means and methods. and permit requirements designated for deer hunts; no bag or possession limit. (C) Turkey-during the months of April and May; one gobbler; by special permit. (D) Quail-on designated days; by annual public hunting permit. (E) Mourning dove-on designated days; by annual public hunting permit. (F) Waterfowl-on designated days; by annual public hunting permit. (G) Rabbits and hares-to correspond with hunt dates and shooting hours designated for quail and mourning dove; no bag or possession limits; by annual public hunting permit. (H) Fishing-fishing is permitted year-round, except on days when hunts are being conducted by special permit; annual public hunting permit required. (I) Special regulations-It is an offense if a public user fails to perform on- site registration. (30) Matagorda Island Wildlife Management Area. (A) Deer: general-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammals. (i) concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods established for deer hunts; no bag or possession limit; by special permit. (ii) general-during the period from September 1-August 31; no bag or possession limit; by special permit. (C) Quail-on designated days; by regular permit. (D) Mourning dove-on designated days; by regular permit. (E) Waterfowl-on designated days; shooting hours end at noon; by regular permit, except within the designated marsh unit no permit is required, there is no restriction to designated hunt days, and shooting hours do not end at noon. (F) King and clapper rails-on dates and shooting hours and permit requirements which correspond to those designated for waterfowl hunts. (G) Sora and Virginia rails-on dates and shooting hours and permit requirements which correspond to those designated for waterfowl hunts. (H) Gallinules-on dates and shooting hours and permit requirements which correspond to those designated for waterfowl hunts. (I) Snipe-on dates and shooting hours and permit requirements which correspond to those designated for waterfowl hunts. (31) M. O. Neasloney Wildlife Management Area. (A) Fishing-no open season. (B) Special regulations-access for non-consumptive use is only through prior arrangement with the department. (32) Old Tunnel Wildlife Management Area-special regulations: (A) It is an offense to take wildlife resources. (B) It is an offense to park or operate motor vehicles in an area other than the designated parking area. (C) It is an offense to disturb roosting bats. (D) It is an offense for a person to allow a dog, cat, or any animal to enter the area unleashed and not under the person's physical control. (E) It is an offense for a person to enter that portion of the railroad bed located between the steep excavated walls of the former railroad right-of-way or into the excavated tunnel. (33) Pat Mayse Wildlife Management Area. (A) Deer: (i) archery-One deer (either sex); no annual public hunting permit required. (ii) general-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, means and methods, and permit requirements designated for deer; no bag or possession limit. (C) Squirrel-closed on days designated for hunts by special permit; no annual public hunting permit required. (D) Quail-closed on days designated for hunts by special permit; no annual public hunting permit required. (E) Mourning dove-closed on days designated for hunts by special permit; no annual public hunting permit required. (F) Waterfowl-no annual public hunting permit required. (G) Woodcock-closed on days designated for hunts by special permit; no annual public hunting permit required. (H) Gallinules-no annual public hunting permit required. (I) Snipe-no annual public hunting permit required. (J) Rabbits and hares-no closed season, except no hunting for rabbits or hares on days designated for hunts by special permit; no bag or possession limit; no annual public hunting permit required. (K) Furbearing animals-during the period from September 1-March 31, except season closed on days designated for hunts by special permit; no annual public hunting permit required. (L) Coyote-during the period from September 1-March 31, except season closed on days designated for hunts by special permit; no bag or possession limit; no annual public hunting permit required. (M) Fishing-no permit required. (N) Special regulations: (i) It is an offense to use any device other than shotguns with non-toxic shot or no larger than size #4 lead shot or bow and arrow for hunting, except that lawful firearms, including shotguns using only slugs, are the only legal firearms for taking deer or exotic mammals during the general season (Non-toxic shot requirements for hunting waterfowl remain in effect). (ii) Dogs may be used in hunting coyotes and furbearers. (iii) It is an offense if a public user fails to perform on-site registration. (34) Peach Point Wildlife Management Area (includes Bryan Beach Unit). (A) Waterfowl-on designated days; shooting hours end at noon; by annual public hunting permit on the Bryan Beach Unit, and by regular permit elsewhere. (B) Exotic mammal: general-during the period from September 1-August 31; no bag or possession limit; by special permit. (C) King and clapper rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit on the Bryan Beach Unit, and by regular permit elsewhere. (D) Sora and Virginia rails-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit on the Bryan Beach Unit, and by regular permit elsewhere. (E) Gallinules-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit on the Bryan Beach Unit, and by regular permit elsewhere. (F) Snipe-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit on the Bryan Beach Unit, and by regular permit elsewhere. (35) Richland Creek Wildlife Management Area. (A) Deer: (i) archery-on designated days during the period from September 1-January 31; one deer (either sex); by annual public hunting permit. (ii) general-during the period from October 1 through February 15; one deer as specified on the permit; by special permit; on designated days during the period from October 1 through February 15 by annual public hunting permit; one deer, antlerless or spike-buck only. All deer harvested during the general season must, on the date taken or on the following day, be presented for inspection at a mandatory check station located on the Richland Creek Wildlife Management Area. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, means and methods, and permit requirements designated for deer; no bag or possession limit. (C) Squirrel-on designated days; by annual public hunting permit. (D) Quail-on designated days; by annual public hunting permit. (E) Mourning dove-on designated days; by annual public hunting permit. (F) Waterfowl-on designated days; shooting hours end at noon; by annual public hunting permit. (G) Woodcock-on dates and shooting hours which correspond with those designated for waterfowl hunts; by annual public hunting permit. (H) Gallinules-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit. (I) Snipe-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit. (J) Rabbits and hares-on designated days; no bag or possession limits; by annual public hunting permit. (K) Fishing-closed on dates designated for hunts by special permit; by annual public hunting permit, except that fishermen who enter and exit the area by boat are not required to possess an annual public hunting permit. (L) Special regulations-It is an offense to possess a rifle or handgun of greater size than .22-caliber rimfire while hunting during the season designated for squirrel. (36) Sheldon Wildlife Management Area. Fishing-no permit required. (A) It is an offense to fish except during the period from 5:00 a.m. to 9:30 p.m. each day. (B) It is an offense to use handlines and trotlines. (C) It is an offense to wade-fish or use boats during the period November 1- February 28, both days inclusive. (D) It is an offense to use boat motors over 10 horsepower. (37) Sierra Diablo Wildlife Management Area. (A) Deer: (i) archery-during the period from September 1-January 31; one deer (buck only); by special permit. (ii) general-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Javelina: archery: concurrent seasons -to correspond with dates and shooting hours designated for archery-only deer hunts; one javelina (either sex); by special permit. (C) Desert bighorn sheep-during the period from September 1-August 31; one desert bighorn sheep ram as specified on the permit; by special permit. (D) Fishing-no open season. (E) Special regulation-the possession and use of horses, mules, burros and other types of riding stock or pack animals during public hunts for desert bighorn sheep may be permitted in accordance with written authorization of the Department. (38) Somerville Wildlife Management Area. (A) Deer: (i) archery-One deer (either sex); by annual public hunting permit. (ii) general-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: (i) concurrent seasons-to correspond with hunt dates, shooting hours, means and methods, and permit requirements designated for deer; no bag or possession limit. (ii) archery-during the period from January 15-March 15; no bag or possession limit; by annual public hunting permit. (C) Squirrel-closed on days designated for hunts by special permit; by annual public hunting permit. (D) Quail-closed on days designated for hunts by special permit; by annual public hunting permit. (E) Mourning dove-closed on days designated for hunts by special permit; by annual public hunting permit. (F) Waterfowl-closed on days designated for hunts by special permit; by annual public hunting permit. (G) Woodcock-closed on days designated for hunts by special permit; by annual public hunting permit. (H) Gallinules-closed on days designated for hunts by special permit; by annual public hunting permit. (I) Snipe-closed on days designated for hunts by special permit; by annual public hunting permit. (J) Rabbits and hares-no closed season, except no hunting for rabbits or hares on days designated for hunts by special permit; no bag or possession limit; by annual public hunting permit. (K) Fishing-no permit required. (L) Special regulations: (i) It is an offense to park other than in designated areas. (ii) It is an offense to use any device other than shotguns with non-toxic shot or no larger than size #4 lead shot or bow and arrow for hunting, except that lawful firearms, including shotguns using only slugs, are the only legal firearms for taking deer or exotic mammals during the general season (Non-toxic shot requirements for hunting waterfowl remain in effect). (39) Walter Buck Wildlife Management Area. (A) Deer: (i) archery-during the period from September 1-January 31; one deer (either sex); by special permit. (ii) general-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods designated for deer; no bag or possession limit; by special permit. (C) Javelina: archery: concurrent seasons -to correspond with dates and shooting hours designated for archery-only deer hunts; one javelina (either sex); by special permit. (D) Turkey-during the months of April and May; one gobbler; by special permit. (E) Fishing-no open season. (40) White Oak Creek Wildlife Management Area. (A) Deer: (i) archery-One deer (either sex); on designated days; by annual public hunting permit. (ii) general-during the period from October 1-February 15; one deer as specified on the permit; by special permit. (B) Exotic mammal: (i) concurrent seasons-to correspond with hunt dates, shooting hours, means and methods, and permit requirements designated for taking deer; no bag or possession limits. (ii) general-during the period from September 1-August 31; no bag or possession limit; by special permit. (C) Squirrel-on designated days; by annual public hunting permit. (D) Quail-on designated days; by annual public hunting permit. (E) Mourning dove-on designated days; by annual public hunting permit. (F) Waterfowl-on designated days during the waterfowl seasons established for Bowie, Cass, Morris, and Titus counties; shooting hours end at noon; by annual public hunting permit. (G) Woodcock-on designated days; by annual public hunting permit. (H) Snipe-on dates and shooting hours which correspond to those designated for waterfowl hunts; by annual public hunting permit. (I) Rabbits and hares-on designated days; no bag or possession limits; by annual public hunting permit. (J) Fishing-no permit required. (K) Special regulations-It is an offense to use any device other than shotguns with non-toxic shot or no larger than size #4 lead shot or bow and arrow for hunting, except that lawful firearms, including shotguns using only slugs, are the only legal firearm for taking deer or exotic mammals during the general season, and rifles or handguns of no greater size than .22-caliber rimfire may be used for taking squirrel or rabbits and hares on designated hunt days (Non- toxic shot requirements for hunting waterfowl remain in effect). (41) Units 102, 103, 104, 106, 136, 137, 142, 152, 154, 155, 159, 902 (Moore Plantation Wildlife Management Area) and 903 (Bannister Wildlife Management Area). (A) Deer: (i) archery-either sex; by annual public hunting permit. (ii) general-either sex during the first two days of the general season and buck-only thereafter; by annual public hunting permit. (B) Exotic mammal: (i) concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods designated for deer; no bag or possession limit; by annual public hunting permit. (ii) general-only on Units 902 and 903 during the period from January 15-March 15; no bag or possession limit; by annual public hunting permit. (C) Squirrel-by annual public hunting permit. (D) Game birds (other than turkey)-by annual public hunting permit. (E) Furbearers-by annual public hunting permit. (F) Predatory animals-no closed season and no bag or possession limit; by annual public hunting permit. (G) Rabbits and hares-no closed season and no bag or possession limit; by annual public hunting permit. (H) Fishing, frogs and crayfish-by annual public hunting permit on areas other than Units 902 and 903. (I) Special regulations-On Units 902 and 903, during seasons other than the Early Teal Season, it is an offense to hunt waterfowl at any time except on Wednesday, Saturday, and Sunday and only during legal shooting hours of 30 minutes before sunrise until noon each day during the regular seasons. (42) Units 113, 114, 116, 117, 119, 120, 121, 122, 125, 129, 143, 144, 145, 146, 147, 150, 151, 156, 157, 204, 210, 211, 217, 218, 223, 301, 615 (North Toledo Bend Wildlife Management Area), 616, 712 (Blue Elbow Swamp Wildlife Management Area), 630, 801, 803, 904 (Alabama Creek Wildlife Management Area), and 905 (Sam Houston National Forest). (A) Deer: (i) archery-either sex; by annual public hunting permit. (ii) general-buck only; by annual public hunting permit. (B) Exotic mammal: (i) concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods designated for deer; no bag or possession limit; by annual public hunting permit. (ii) general-only on Units 615, 630, 904, and 905 during the period from January 15-March 15; no bag or possession limit; by annual public hunting permit. (C) Squirrel-by annual public hunting permit. (D) Game birds (other than turkey)-by annual public hunting permit. (E) Furbearer-by annual public hunting permit. (F) Predatory animals-no closed season and no bag or possession limit; by annual public hunting permit. (G) Rabbits and hares-no closed season and no bag or possession limit; by annual public hunting permit. (H) Fishing, frogs and crayfish-by annual public hunting permit on areas other than 904 and 905. (I) Special regulations- (i) On Units 615, 904 and 905 during seasons other than the Early Teal Season, it is an offense to hunt waterfowl at any time except on Wednesday, Saturday, and Sunday and only during legal shooting hours of 30 minutes before sunrise until noon each day during the regular season. (ii) On the Sam Houston National Forest Wildlife Management Area (Unit 905) the use of a dog or dogs to hunt, pursue, or take feral hogs is permitted only during the period from January 15-March 15. (43) Units 135, 224, 607, and 901 (Caddo Wildlife Management Area). (A) Deer: (i) archery-buck only; by annual public hunting permit. (ii) general-buck only; by annual public hunting permit. (B) Exotic mammal: concurrent seasons-to correspond with hunt dates, shooting hours, and means and methods designated for deer; no bag or possession limit; by annual public hunting permit. (C) Squirrel-by annual public hunting permit. (D) Game birds (other than turkey)-by annual public hunting permit. (E) Furbearers-by annual public hunting permit. (F) Predatory animals-no closed season and no bag or possession limit; by annual public hunting permit. (G) Rabbits and hares-no closed season and no bag or possession limit; by annual public hunting permit. (H) Fishing, frogs and crayfish-by annual public hunting permit on areas other than Unit 901. (I) Special regulations-On Unit 901, during seasons other than the Early Teal Season, it is an offense to hunt waterfowl at any time except on Wednesday, Saturday, and Sunday and only during legal shooting hours of 30 minutes before sunrise until noon each day during the regular seasons. (44) Unit 501 (Lake Ray Roberts Wildlife Management Area). (A) Squirrel-by annual public hunting permit. (B) Game birds (other than turkey)-by annual public hunting permit. (C) Rabbits and hares-no bag or possession limit; by annual public hunting permit. (D) Frogs-by annual public hunting permit. (E) Fishing-no permit required. (F) Special regulations: (i) It is an offense to possess firearms and ammunition other than shotguns with shotshells containing non-toxic shot or no larger than size #4 lead shot. (Non-toxic shot requirements for hunting waterfowl remain in effect.) (ii) It is an offense to discharge firearms except while hunting. (iii) It is an offense to camp overnight. (iv) It is an offense to hunt waterfowl in that portion of the Unit located north of FM Road 3002, which is designated as a waterfowl sanctuary. (v) It is an offense to hunt on the land or water within 100 yards of state park boundaries. (45) Unit 617 (Cleavinger Tract). (A) Pheasant-by annual public hunting permit. (B) Rabbits and hares-concurrent with shooting hours and seasons for taking pheasant; no bag or possession limit; by annual public hunting permit. sec.65.194. Permit Required and Fees. (a) A Texas Conservation Passport is required to obtain access to public hunting lands for participation in scheduled non-consumptive events conducted under the Texas Conservation Passport Program. The fee for the Texas Conservation Passport is $25 and there is no charge for a duplicate (lost) Texas Conservation Passport. The Texas Conservation Passport is not required of individuals participating in hunting and fishing activities or educational programs and management demonstrations sponsored by the department. (b) It is an offense for a person without a valid permit to be afield during hunts on public hunting lands, except: (1) on areas or for activities where no permit is required; or (2) for a non-hunting adult who is assisting a permitted disabled person; or (3) for a non-hunting adult who is assisting a permitted minor age participant in a hunt conducted under the Youth-Only drawn hunt category; or (4) for minor age participants under the supervision of an authorized supervising adult possessing an annual public hunting permit or a limited public use permit. (c) Annual Public Hunting Permit and Limited Public Use Permit. (1) Except as provided in paragraphs (2)-(4) of this subsection, it is an offense for a person 17 years of age or older to enter or hunt on public hunting lands requiring an annual public hunting permit without having in his or her possession an annual public hunting permit or fail to display the permit, upon request, to a department employee or other official authorized to enforce regulations on public hunting lands. (2) (No change.) (3) The annual public hunting permit is required of each person 17 years of age or older who enters Units 901, 902, 903, 904, or 905 and possesses a centerfire or muzzleloading rifle or handgun, a shotgun with shot larger than #2 steel or #4 lead, or bow and arrow with broadhead hunting point; however, a person 17 years of age or older may enter these units with other legal devices for hunting as defined in this subchapter and take specified legal small game provided the person possesses a limited public use permit. (4) The permits required under paragraphs (1) and (2) of this subsection are not required for: (A) persons who enter on United States Forest Service System lands designated as a public hunting area (Units 901, 902, 903, 904, and 905), including Caddo National Grassland, or any portion of Units 902 and 903 in Sabine and San Augustine counties for any purpose other than hunting; or (B) persons who enter on U.S. Army Corps of Engineers lands (Aquilla, Cooper, Dam B, Granger, Pat Mayse, Ray Roberts (Unit 501), Somerville, White Oak Creek) designated as public hunting lands for purposes other than hunting; or (C) persons who are authorized by, and acting in an official capacity for the department or the landowners of the public hunting lands; or (D) persons participating in scheduled activities sponsored or sanctioned by the department with written approval; or (E) persons owning or leasing land within the boundaries of public hunting lands while traveling directly to or from their property; or (F) (No change.) (5)-(8) (No change.) (d)-(e) (No change.) (f) The department may implement a system of issuing special permits that gives preference to those applicants who have applied previously but were not selected to receive a permit, in compliance with Parks and Wildlife Code, sec.81.403(b). (g) Application fee. (1) The department may charge a non-refundable fee which may be required to accompany and validate an individual's application for a special permit as authorized by Parks and Wildlife Code, sec.11.027(b), provided that appropriate legislative authority is granted. (2) (No change.) (3) The application fee for a special permit is waived for a person under 17 years of age; however, the minor must apply in conjunction with an authorized supervising adult to whom an application fee is assessed, except as provided in paragraph (4) of this subsection. (4) The application fee for a special permit is waived for an adult who is making application to serve as a non-hunting authorized supervising adult for a minor age participant in the Youth-Only drawn hunt category. (5) In the event an application for a special permit is received and is determined to be invalid due to duplicate application by an individual, incomplete or invalid required information, insufficient application fees, receipt after the application deadline, or other reasons, then: (A) the application card and related application fees will be returned to the applicant for correction and resubmission, provided the error is detected prior to the time that the application information is entered into the public hunting computer; or (B) the error will be detected by the public hunting computer program resulting in disqualification of applicant(s) as appropriate and all application fees will be retained by the department. (h) (No change.) (i) The department shall charge a permit fee in the amount set by the commission as authorized by Parks and Wildlife Code, sec.81.403(c). (j) -(n) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 5, 1995. TRD-9504189 Paul M. Shinkawa Acting General Counsel Texas Parks and Wildlife Department Effective date: April 27, 1995 Proposal publication date: February 17, 1995 For further information, please call: (512) 389-4642 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part V. Texas Board of Pardons and Paroles Chapter 141. General Provisions Registration of Visitors and Fee Affidavits 37 TAC sec.141.82 The Texas Board of Pardons and Paroles adopts the repeal of sec.141.82, concerning those persons who are required to file a fee affidavit, without changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 421). This section is being repealed because it requires all persons representing inmates or releasees under the jurisdiction of the board to file a fee affidavit before commencing their representation, whereas Code of Criminal Procedure, Article 42.18, sec.11 requires only representatives who will be compensated to file a fee affidavit. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504275 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 The Texas Board of Pardons and Paroles adopts new sec.141.82, concerning those persons who are required to file a fee affidavit before commencing the representation of a person before the board, with changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 421). In sec.141.82(a), the subsection was reworded to delete the word "additionally" which had been inadvertently placed in the proposed version of the rule. The new section is being adopted to conform to statutory law found at Codes of Criminal Procedure, Article 42.18, sec.11, which requires persons to file fee affidavits only if they represent for compensation a person under the jurisdiction of the board. One comment was received regarding adoption of the new section. The commenter favored the decision by the board to adopt the rule as proposed, so that the rule would conform with statutory law requiring only compensated representatives to file a fee affidavit. The new section is adopted under Texas Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. sec.141.82. Fee Affidavits. (a) Any person who represents an inmate for compensation before the board or any of its members, before a parole panel, or any board employee for the purpose of submitting or presenting information or arguments for and in behalf of any person within the jurisdiction of the board, shall submit before or at the time of such appearance a completed fee affidavit form. (b) The completed fee affidavit form shall state whether any fee has been, or is to be paid for his participation or services in the case and all other information required by the Code of Criminal Procedure, Article 42.18, sec.11. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504276 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 Subpoenas 37 TAC sec.141.101 The Texas Board of Pardons and Paroles adopts the repeal of sec.141.101, concerning the issuance of subpoenas, without changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 422). This section is being repealed because statutory law no longer provides that the board may issue subpoenas, only parole panels. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504277 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 37 TAC sec.141.101 The Texas Board of Pardons and Paroles adopts new sec.141.101, concerning the issuance of subpoenas, without changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 422). The new section is being adopted because the current version of the rule conflicts with statutory law found at Code of Criminal procedure, Article 42. 18, sec.12. No comments were received regarding adoption of the new section. The new section is adopted under Texas Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504278 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 Definition of Terms 37 TAC sec.141.111 The Texas Board of Pardons and Paroles adopts the repeal of sec.141.111, concerning the definitions used by the board in its TAC rules and regulations, without changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 422). This section is being repealed because it needs to be updated and rewritten to be more clear and concise and to reflect statutory changes made in board authority. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504279 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 37 TAC sec.141.111 The Texas Board of Pardons and Paroles adopts new sec.141.111, concerning the definitions used by the board in its TAC rules and regulations, with changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 423). The new section is being adopted to update the definitions to reflect current statutory law. Several comments were received regarding adoption of the new section: During the comment period the Texas Department of Criminal Justice-Pardons and Paroles Division was renamed to the Texas Department of Criminal Justice-Parole Division. References to the entity in the adopted rules have been revised to reflect the new name. One commenter suggested that the definition of "community residential facility" be changed to delete the phrase "certified or in the certification process" because the T.D.C.J.-Paroles Division has no certification process regarding these facilities. The board agreed with the suggestion and deleted all references to the T.D.C.J. and to certification in this definition. Additionally, the board has deleted the last sentence of the proposed definition which did nothing to define the nature of the type of facility but merely provided an illustrative list of facility type names that are currently considered to be community residential facilities. The sentence, community residential facilities include, but are not limited to halfway houses, residential treatment facilities, pre-parole facilities etc." was deleted because a simple definition of the term does not require a listing of facility types. The definition has been reworded to read as follows: "Community residential facility"-a facility for the provision of residential placement services to administrative releasees. One commenter suggested that the definition "Contract of Release", be changed to "written statement of release" because contracts should not be entered between inmates and a parole board, and therefore the term "contract of release" is inappropriate. The board disagrees with the commenter, and declines to make the suggested change because statutory law found at Code of Criminal Procedure, Article 42.18, sec.8(g) specifically uses the word "contract" is stating, "Each person to be released on parole shall be furnished a contract setting in clear and intelligible language the conditions and rules of parole." One commenter suggested that the definition of the term "inmate" seemed slightly inaccurate as inmates serving a sentence imposed upon conviction of a felony could have been convicted of a state jail felony and this type of confinee is not in the custody of the T.D.C.J.- Institutional Division. The board disagreed with the suggestion because convicted felons may be incarcerated in state jails facilities under certain circumstances. The board deleted the definition "Qualified victim or victim" found in the proposed rule because this term was inadvertently included in the proposed preamble after the board determined that a definition of the term "victim" was more inclusive in its citation to Article 42.18, thereby making the definition "Qualified victim or victim" redundant. The new section is adopted under Texas Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. sec.141.111. Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. Administrative releasee -A person released to parole or mandatory supervision and under the supervision of the TDCJ-Parole Division. The term also includes a person released on a conditional pardon. Community residential facility-A facility for the provision of residential placement services to administrative releasees. Conditional pardons -A form of executive clemency granted by the governor which serves to release the grantee from the conditions of his or her sentence and/or any disabilities imposed by law thereby, subject to the conditions contained in the clemency proclamation. A person released pursuant to the terms of a conditional pardon is considered, for the purposes of revocation thereof, to be an administrative releasee (see the definition of administrative releasee set forth in this section), and all such revocations for revocation of administrative release, sec.sec.145.41-145.55 of this title (relating to Revocation of Administrative Release (Parole and Mandatory Supervision)). Division-The Parole Division of the Texas Department of Criminal Justice. Trial officials -The present sheriff, prosecuting attorney, and judge in the county and court of offense, conviction and release. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504280 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 Chapter 145. Parole Parole Process 37 TAC sec.145.2 The Texas Board of Pardons and Paroles adopts the repeal of sec.145.2, concerning standard parole guidelines, without changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 422). This section is being repealed because the board wishes to remove selected parts of this rule which quote statutory law and are considered to be surplusage. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504281 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 The Texas Board of Pardons and Paroles adopts new sec.145.2, concerning standard parole guidelines, without changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 424). The new section is being adopted because the board wishes to remove citations to statutory law which are found in the current version of the rule which is being repealed by a separate submission. No comments were received regarding adoption of the new section. The new section is adopted under Texas Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504282 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 37 TAC sec.145.3 The Texas Board of Pardons and Paroles adopts the repeal of sec.145.3, concerning policy statements relating to parole release decisions by the board, without changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 425). This section is being repealed because the board is adopting a new version of this rule which will more clearly define when the board may deny an inmate parole consideration based upon disciplinary conduct while incarcerated. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504283 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 37 TAC sec.145.3 The Texas Board of Pardons and Paroles adopts new sec.145.3, concerning policy statements relating to parole release decisions, with changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 425). The new section is being adopted to update the policy statements found in the current version of sec.145.3 which is being repealed by a separate submission. The new rule is intended to clarify when the board may deny an inmate parole consideration based upon disciplinary conduct while incarcerated. In sec.145.3(2), the subsection was reworded to read "An inmate will be considered for parole when he becomes statutorily eligible and meets the following criteria dealing with his behavior while incarcerated." The phrase "/or" was inadvertently included in the proposal. One commenter suggested that parts of sec.145.3(2)(D) and (E) should be revised so that inmates who are returned to prison with new convictions should serve more time before becoming eligible for parole consideration than inmates who are returned to prison for technical violations of their administrative release. The board declines to adopt the suggestion because the changes to sec.145. 3(2)(D) and (E) proposed by the board are adopted to create a more rigorous criterium for eligibility for parole consideration for a parole release violator convicted of a crime, than for a releasee who is being revoked for a technical reason. One commenter suggested that sec.145.3(2)(H) be changed to delete references to the Substance Abuse Felony Punishment Facility Program, because this program is limited to probation and parole violators. The board disagrees with the assertion and adopts the section as proposed. The new section is adopted under Texas Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. sec.145.3. Policy Statements Relating to Parole Release Decisions by the Board of Pardons and Paroles. To aid the Board of Pardons and Paroles in its analysis and research of parole release, the board adopts the following policies. (1) Release to parole is a privilege, not an inmate right, and the parole decision maker is vested with complete discretion to grant, or to deny parole release as defined by statutory law. (A) Candidates for parole are to be evaluated on an individual basis. (B) There are no mandatory rules or guidelines for analysis or set release criteria that must be followed in every case because each inmate is unique. (C) Since the board has the statutory duty to make release decisions which are only in the best interest of society, and when it thinks an inmate is able and willing to be a law abiding citizen, set guidelines are merely optional tools to aid in the completely discretionary parole decision. (2) An inmate will be considered for parole when he becomes statutorily eligible and meets the following criteria dealing with his behavior while incarcerated. (A) Other than on initial parole eligibility, the inmate must not have had a major disciplinary misconduct report in the six-month period prior to the date he is reviewed for parole; which has resulted in loss of goodtime and/or reduction to a classification status below that assigned all inmates during the diagnostic process. (B) Other than on initial parole eligibility, at the time he is reviewed for parole the inmate must be classified in the same or higher time earning status assigned all inmates during the initial phase of the TDCJ-ID diagnostic process. (C) If any inmate who has received an affirmative vote to parole and following the vote, notification is received that the inmate has been reduced below initial classification status or has lost goodtime, the parole decision will be reviewed and revoted by the parole decision-maker. (D) An administrative release violator (parole or mandatory supervision violator) who has been revoked for technical reasons will be eligible for release to parole when he has been incarcerated for 12 months calendar time, to be computed from his date of return to custody as an administrative release violator. (E) An administrative release violator (parole or mandatory supervision violator) with a new felony conviction or convictions will be eligible for parole when he has served 12 months calendar time or has accumulated sufficient time to become eligible for parole on the new sentence, whichever is greater. (F) An inmate who is convicted of a felony offense committed while confined in the TDCJ-Institutional Division, or in a facility under the supervision of the TDCJ, or under contract to the TDCJ, in a jail in this state, a federal correctional institution, or a jail or correctional institution in another state will be considered eligible for parole after the inmate has served either three years flat time from the date the offense occurred or has served the new sentence in calendar days, whichever is less. (G) An inmate who is otherwise statutorily eligible for parole and who is charged with a felony offense committed while in the TDCJ, any facility under its supervision, or a facility under contract to the TDCJ will not be released to parole until the felony charge if finally adjudicated and the board notified of the final disposition for appropriate board action. (H) An inmate may be approved for parole under the condition that he complete the In-Prison Therapeutic Community Program (IPTC) or Substance Abuse Felony Punishment Facility Program (SAFPF) and any requirements of those programs, such as after-care. An inmate approved for parole under these conditions will be reconsidered if he fails to complete the requirements of a special treatment/educational program, to include after-care components of the program. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504284 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 37 TAC sec.145.12 The Texas Board of Pardons and Paroles adopts the repeal of sec.145.12, concerning the various actions that a parole panel may take after reviewing a case for parole release, without changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 426). This section is being repealed because the board wishes to more clearly; describe the voting options available to the board by adopting a new version of 37 TAC sec.145.12. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504285 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 37 TAC sec.145.12 The Texas Board of Pardons and Paroles adopts new sec.145.12, concerning the various actions that a parole panel may take after reviewing a case for parole release, without changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 426). The new section is being adopted because the board wishes to more clearly describe the voting options available to the board by adopting a new version of 37 TAC sec.145.12. One comment was received regarding adoption of the new section. The commenter suggested that the new rule should address the review of "special needs" inmates for "special needs" parole. The board disagrees with the commenter and declines to follow the suggestion because "special needs parole" is based upon the serious physical and mental defects of an inmate rather than the usual criteria for parole consideration. The new section is adopted under Texas Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504286 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 37 TAC sec.145.16 The Texas Board of Pardons and Paroles adopts the repeal of sec.145.16, concerning various actions that a parole panel may take upon review of additional information without changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 427). This section is being repealed because by means of a separate submission, the board is adopting a new sec.145.16 which more concisely describes the options available No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504287 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 The Texas Board of Pardons and Paroles adopts new sec.145.16, concerning the various actions that a parole panel may take upon review of additional information sent to the board by trial officials or victims, without changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 427). The new section is being adopted because it more clearly and concisely describes the options available to the board, than the current version of sec.145.16 which is proposed for repeal. No comments were received regarding adoption of the new section. The new section is adopted under Texas Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504288 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 Terms and Conditions of Parole 37 TAC sec.145.25 The Texas Board of Pardons and Paroles adopts the repeal of sec.145.25, concerning visits to penal institutions by parolees who are under active supervision, without changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 428). This section is being repealed because the control of visitors to T.D.C.J. controlled penal institutions is left to the discretion of the Texas Department of Criminal Justice rather then to the Board of Pardons and Paroles No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504289 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 Rules and Conditions of Mandatory Supervision Chapter 149. Mandatory Supervision 37 TAC sec.149.4 The Texas Board of Pardons and Paroles adopts the repeal of sec.149.4, concerning visits to penal institutions by mandatory supervision releasee, without changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 428). This section is being repealed because the control of visitors to T.D.C.J. controlled penal institutions is left to the discretion of the Texas Department of Criminal Justice rather than to the Board of Pardons and Paroles No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504290 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 Selection for Mandatory Supervision 37 TAC sec.149.11 The Texas Board of Pardons and Paroles adopts the repeal of sec.149.11, concerning the board's duty to order the release of prisoners to Mandatory Supervision, without changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 428). This section is being repealed because this rule unnecessarily duplicates statutory law found at Code of Criminal Procedure, Article 42.18, sec.8(c). No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504291 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 37 TAC sec.149.15 The Texas Board of Pardons and Paroles adopts the repeal of sec.149.15, concerning the early release of prisoners to Mandatory Supervision, without changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 429). This section is being repealed because the relevant statutory authority for this type of release has been repealed. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504292 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 37 TAC sec.149.17 The Texas Board of Pardons and Paroles adopts the repeal of sec.149.17, concerning visits to penal institutions by Mandatory Supervision, without changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 429). This section is being repealed because the control of visitors to penal institutions under the control of the Texas Department of Criminal Justice is properly within the discretion of the Texas Department of Criminal Justice rather than the Board of Pardons and Paroles. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Code of Criminal Procedure, Article 42.18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504293 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 Chapter 150. Memorandum of Understanding and Board Policy Statements Published Policies of the Board 37 TAC sec.sec.150.51, 150.52, 150.54, 150.58 The Texas Board of Pardons and Paroles adopts the repeal of sec.sec.150.51, 150.52, 150.54, and 150.58, concerning the board's AIDS policy, sexual harassment policy, smoking policy, and discrimination policy, without changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 429). These sections are being repealed because the board believes that they should appear in personnel policies and procedures rather than the Rules of the Board. No comments were received regarding adoption of the repeals The repeals are adopted under Texas Code of Criminal Procedure, Article 42. 18, sec.8(g), which provides the Board of Pardons and Paroles with the authority to adopt such reasonable rules not inconsistent with law as it may deem necessary. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504294 Michael F. Miller General Counsel Texas Board of Pardons and Paroles Effective date: May 1, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 406-5613 Part IX. Commission on Jail Standards Chapter 253. Definitions 37 TAC sec.253.1 The Commission on Jail Standards adopts an amendment to sec.253.1, concerning Definitions, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1630). Adoption of this rule will make the standards concise, current, and comprehensible. The rule functions to provide specific meaning to the definition of sheriff/operator and guard station. No comments were received regarding adoption of the amendment. The amendment is adopted under 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504475 Jack E. Crump Executive Director Commission on Jail Standards Effective date: May 3, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 463-5505 Chapter 259. New Construction Rules The Commission on Jail Standards adopts amendments to sec. sec.259.129, 259. 324, and 259.424, concerning New Construction Rules, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1630). Adoption of these rules will make the standards concise, current, and comprehensible. The rules function to change the term medical to health. No comments were received regarding adoption of the amendments. New Jail Design, Construction and Furnishing Requirements 37 TAC sec.259.129 The amendment is adopted under 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504508 Jack E. Crump Executive Director Commission on Jail Standards Effective date: May 3, 1995 Proposal publication date: March 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 adopted under 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504476 Jack E. Crump Executive Director Commission on Jail Standards Effective date: May 3, 1995 Proposal publication date: March 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 adopted under 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504478 Jack E. Crump Executive Director Commission on Jail Standards Effective date: May 3, 1995 Proposal publication date: March 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 adopts amendments to sec. sec.259.502, 259. 518, 259.602, and 259.618, concerning New Construction Rules, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1631). Adoption of these rules will make the standards concise, current, and comprehensible. The rules function to change the term medical to health and separation to segregation. No comments were received regarding adoption of the amendments. The amendments are adopted under 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504479 Jack E. Crump Executive Director Commission on Jail Standards Effective date: May 3, 1995 Proposal publication date: March 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 adopts an amendment to sec.260.125, concerning County Correctional Centers, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1631). Adoption of this rule will make the standards concise, current, and comprehensible. The rule functions to change the term medical service plan to health services plan. No comments were received regarding adoption of the amendment. The amendment is adopted under 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 statutes that are affected by this rule are Local Government Code, Chapter 351, sec.351.002 and sec.351.015. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504480 Jack E. Crump Executive Director Commission on Jail Standards Effective date: May 3, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 463-5505 Chapter 261. Existing Construction Rules The Commission on Jail Standards adopts amendments to sec.261.129 and sec.261.323, concerning Existing Construction Rules, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1631). Adoption of these rules will make the standards concise, current, and comprehensible. The rules function to change the term medical services plan to health services plan. No comments were received regarding adoption of the amendments. Existing Jail Design, Construction and Furnishing Requirements 37 TAC sec.261.129 The amendment is adopted under 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504481 Jack E. Crump Executive Director Commission on Jail Standards Effective date: May 3, 1995 Proposal publication date: March 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 adopted under 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504482 Jack E. Crump Executive Director Commission on Jail Standards Effective date: May 3, 1995 Proposal publication date: March 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 adopts amendments to sec.265.2 and sec.265. 3, concerning Admission, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1632). Adoption of these rules will make the standards concise, current, and comprehensible. The rules function to change the term jail to facility. No comments were received regarding adoption of the amendments. The amendments are adopted under 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504483 Jack E. Crump Executive Director Commission on Jail Standards Effective date: May 3, 1995 Proposal publication date: March 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 adopts new sec.269.3, concerning Records and Procedures, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1632). Adoption of this rule will establish limitations on bringing weapons into the security perimeter of county jails. The rule functions to add a weapons/ammunition procedure for county jail facilities. One comment was received from Sheriff Carey Pettus suggesting restricting ammunition from the security perimeter would be unreasonable. The commission responded that the rule as proposed allows the sheriff to decide whether ammunition is allowed beyond the security perimeter. The new rule is adopted under 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504484 Jack E. Crump Executive Director Commission on Jail Standards Effective date: May 3, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 463-5505 Chapter 273. Health Services 37 TAC sec.273.7 The Commission on Jail Standards adopts new sec.273.7, concerning Health Services, without changes to the proposed text as published in the March 10, 1995, issue of the Texas Register (20 TexReg 1742). Adoption of this rule will establish a memorandum of understanding between the Commission, the Texas Commission on Law Enforcement Officer Standards and Education and the Texas Council on Offenders with Mental Impairments. The rule functions to provide for the continuity of care of mentally impaired inmates. No comments were received regarding adoption of the new section. The new rule is adopted under 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504485 Jack E. Crump Executive Director Commission on Jail Standards Effective date: May 3, 1995 Proposal publication date: March 10, 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 adopts amendments to sec.277.1 and sec.277. 8, concerning Clothing, Personal Hygiene, and Bedding, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1633). Adoption of these rules will make the sections consistent with intake procedures. The rules function to revise the time at which inmates are issued facility clothing following admission into county jails. No comments were received regarding adoption of the amendments. The amendments are adopted under 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504486 Jack E. Crump Executive Director Commission on Jail Standards Effective date: May 3, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 463-5505 Chapter 281. Food Service 37 TAC sec.281.3 The Commission on Jail Standards adopts an amendment to sec.281.3, concerning Food Service, with changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1633). Adoption of this rule will establish the recommendation menu approval for jails be conducted by a licensed or provisional licensed dietician. The rule functions to encourage menu approval by licensed persons. A comment was received from Sheriff R. B. White indicating menu approval by a licensed dietician would cause a problem for the small counties where no licensed dieticians are employed. The commission response indicated the rule as proposed does not require, but does recommend, menu approval by a licensed dietician. A comment was also received from the Texas State Board of Examiners of Dieticians recommending the rule be more specific regarding who constitutes a "qualified individual". The commission agrees and changed the wording to recommend menu approval be performed by a licensed or provisional licensed dietician. The amendment is adopted under 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. sec.281.3. Balanced Diet. 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. This approval and review shall be documented and should be performed by a licensed or provisional licensed dietician. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504487 Jack E. Crump Executive Director Commission on Jail Standards Effective date: May 3, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 463-5505 Chapter 283. Discipline and Grievances 37 TAC sec.283.1 The Commission on Jail Standards adopts an amendment to sec.283.1, concerning Discipline and Grievances, without changes to the proposed text as published in the March 10, 1995, issue of the Texas Register (20 TexReg 1743). Adoption of this rule will provide efficient filing of an inmate's disciplinary file. The rule functions to establish who receives the written disciplinary procedures from the disciplinary board in a county jail. No comments were received regarding adoption of the amendment. The amendment is adopted under 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504488 Jack E. Crump Executive Director Commission on Jail Standards Effective date: May 3, 1995 Proposal publication date: March 10, 1995 For further information, please call: (512) 463-5505 Chapter 291. Services and Activities 37 TAC sec.291.4 The Commission on Jail Standards adopts an amendment to sec.291.4, concerning Services and Activities, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1633). Adoption of this rule will establish equal amount of visitation for pretrial detainees and convicted persons. The rule functions to provide equitable visitation access. Comments were received from Sheriff Carey Pettus and Sheriff Leroy Moody indicating visitation access should be equal for pretrial and convicted persons. The commission response indicated the proposed rule establishes equal access. The amendment is adopted under 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504489 Jack E. Crump Executive Director Commission on Jail Standards Effective date: May 3, 1995 Proposal publication date: March 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 adopts an amendment to sec.297.4, concerning Compliance and Enforcement, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1634). Adoption of this rule allows more timely distribution of certificates of compliance. The rule functions to delete the requirement that the signature of the executive director and inspector be on certificates of compliance. No comments were received regarding adoption of the amendment. The amendment is adopted under 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1995. TRD-9504490 Jack E. Crump Executive Director Commission on Jail Standards Effective date: May 3, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 463-5505 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 19. Nursing Facility Requirements for Licensure and Medicaid Certification Subchapter T. Administration 40 TAC sec.19.1918 The Texas Department of Human Services (DHS) adopts an amendment to sec.19. 1918, concerning disclosure of ownership, in its Nursing Facility Requirements for Licensure and Medicaid Certification (formerly Long-Term Care Nursing Facility Requirements for Licensure and Medicaid Certification) rule chapter, with changes to the proposed text as published in the February 28, 1995, issue of the Texas Register (20 TexReg 1410). The justification for the amendment is to substitute DHS for the Texas Department of Health in subsection (b). Subsections (d) and (e) are deleted. Subsection (d) will be replaced by sec.19.210 of this title (relating to Change of Ownership), which DHS proposed in the September 30, 1994, issue of the Texas Register (19 TexReg 7765). Subsection (e) will be replaced by sec.19.2308 of this title (relating to Change of Ownership), which DHS proposed in the October 21, 1994, issue of the Texas Register (19 TexReg 7765). The amendment will function by clarifying rules concerning change-reporting requirements. During the public comment period, DHS received comments from the Texas Health Care Association. The following is DHS's summary of and response to the comments. Comment: The commenter stated that the proposed rule requires the facility to provide written notice to DHS within 30 days of a change in medical director. This is an example of state-specific rules that require additional paperwork for the facility and is a paper compliance requirement. Response: DHS agrees and is adopting subsection (b)(4) with changes to the proposed text to delete this requirement, leaving (b)(4) as it reads in the current rules. The amendment is adopted under the Health and Safety Code, Chapter 242, which provides the department with the authority to regulate long-term care nursing facilities; the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs; and under Texas Civil Statutes, Article 4413 (502) , sec.16, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendment implements the Health and Safety Code, sec. sec.242.001-242.186, and the Human Resources Code, sec.sec.22.001-22.024 and sec.sec.32.001-32.042. sec.19.1918. Disclosure of Ownership. (a) (No change.) (b) The facility must provide written notice to the Texas Department of Human Services (DHS) at the time of change if a change occurs in: (1)-(4) (No change.) (c) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 6,1995. TRD-9504168 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: May 1, 1995 Proposal publication date: February 28, 1995 For further information, please call: (512) 450-3765 Part XVI. Council on Sex Offender Treatment Chapter 512. Standards of Practice 40 TAC sec.sec.512.1-512.3 The Council on Sex Offender Treatment adopts the amendments to sec.sec.512. 1- 512.3, concerning the standards for practice for sex offender treatment providers, with changes to the proposed text as published in the November 15, 1994 issue of the Texas Register (19 TexReg 8952). The rules provide sex offender treatment providers standards to delineate appropriate evaluation and treatment procedures and policies in Sex Offender Treatment. This rules define standards of appropriate evaluation and treatment procedures and policies. Comments were submitted by individual Registered Sex Offender Treatment Providers, and by individuals from Parents Anonymous and the Texas Clinical Associates. Comments received from these individuals are not intended to reflect the opinions of the company for which they are employed. It was commented to use broader assessments and verification methods in examining and diagnosing sex offenders. This concept was recognized, however it was already noted in another section of the rules. There was a suggestion to consider the effects of treatment and the release of sex offenders upon society, rather than to solely regard the offender. The inclusion of society's rights was adopted into the rules. More specific language was suggested to differentiate between the necessary and the desirable, and the accused and the demonstrated. This concept was adopted and influenced the rewording of many sections, including the incorporation that a court ordered client shall not take precedence over a client voluntary seeking treatment. There were many language alteration and punctuation changes suggested to clarify, expand upon, and enhance the rules intent. All suggestions were considered; however, they were adopted as the Council saw practical. Some comments were based upon an individual's own practice. Most of these suggestions were disregarded, for they did not refer to the sex offender treatment practice as a whole; they were specific intended, rather than generalized to include all therapists. It was for this same reason that the suggestion for separate rules for different age groups were not adopted. It was suggested that these rules should be created and enforced by licensing boards. Further, the Council and the Licensures should work to remove the Council from a policing function. The Council's enabling statute provides the Council with rule making authority, thus, this comment was not germane to the Council's duties and powers. The new sections are adopted under Texas Civil Statutes, Article 4413(51), sec.13 and sec.15, which provide the Council on Sex Offender Treatment with the authority to establish and maintain a registry, develop standards for treatment of sex offenders that must be met by sex offender treatment providers. sec.512.1. Introduction. (a) The Texas Council on Sex Offender Treatment (CSOT) is a state organization dedicated to the prevention of sexual assault through effective treatment and management of sex offenders. It attempts to carry out its legislative mandate by identifying and certifying mental health treatment providers who have the appropriate training and experience in the treatment of sex offenders, by sponsoring training seminars and conferences, and by disseminating information about sex offender treatment to the Texas Legislature, Texas state and local governmental agencies, professional organizations, and the public. The Council publishes a Registry of Sex Offender Treatment Providers which lists the names, addresses and credentials of mental health treatment providers who strive to incorporate findings from empirical research into effective evaluation of and treatment strategies for sex offenders. (b) Sexual deviance is a learned or acquired behavioral disorder but may also be influenced by biological factors. Treatment is focused on recognizing, changing and managing deviant behavior and the attitudes that promote it. Sexual deviance is not considered to be a disease that can be cured. The focus of contemporary treatment is on techniques designed to assist sex offenders in maintaining control throughout their lifetime. Therefore, treatment should include simple, practical techniques that can be used during and after formal therapy. (c) Sex offender evaluation and treatment requires an approach unfamiliar to most mental health professionals. For example, therapists of sex offenders exercise substantial control over the lives of their clients because of the concern for community protection. For this and other reasons, standards of practice specific to the treatment of sex offenders are necessary. (d) This document was developed by CSOT to delineate appropriate evaluation and treatment procedures and policies. The standards promulgated herein were largely adapted from the Practitioner's Handbook of the Association for the Treatment of Sexual Abusers (ATSA) They are not intended to supplant the standards of the clinician's licensing/certifying board, but are intended to supplement them. These standards delineate professional expectations for the treatment of sexual offenders. sec.512.2. CSOT Assertions. (a) Sex Offender Treatment Providers Shall: (1) be committed to community protection and safety; (2) not discriminate against clients with regard to race, religion, gender preference or disability; (3) treat clients with dignity and respect, regardless of the nature of their crimes or conduct; (4) be knowledgeable of legal statutes and scientific data relevant to this area of specialized practice; (5) perform professional duties with the highest level of integrity, maintaining confidentiality within the scope of statutory responsibilities; (6) insure that the client fully understands the scope and limits of confidentiality in the context of his or her particular situation; (7) refrain from using professional relationships to further their personal, religious, political, or economic interest other than accepting customary professional fees; (8) not engage in sexual relationships with clients (sex between a therapist and a client is a third degree felony in Texas); (9) fully inform clients in advance of fees for services; (10) refrain from knowingly providing treatment services to a client who is in treatment with another professional without initial consultation with the current provider; (11) make appropriate referrals when the therapist is not qualified or is otherwise unable to offer services to a client; (12) insure that colleagues are qualified by training and experience before making a referral to them; (13) when withdrawing services, minimize possible adverse effects on the client and the community by continuing treatment until the client has been admitted elsewhere; (14) take into account the legal/civil rights of the clients, including the right to refuse therapy; (15) make no claims regarding the efficacy of treatment that exceed what can be reasonably expected and supported by empirical literature; (16) avoid drawing conclusions or rendering opinions that exceed the present level of knowledge in the field or the expertise of the evaluator; and (17) attempt to resolve with the clinician and/or report to the appropriate licensing or regulatory authority unethical, incompetent, and dishonorable treatment or evaluation practices. (b) Sex Offender Treatment Providers Assert That. (1) Community safety takes precedence over any conflicting consideration, and ultimately, is in the best interests of the offenders and society. (2) Inappropriate or unethical treatment damages the credibility of all treatment and presents an unnecessary risk to the community. (3) Sex offender treatment providers shall have no history of criminal or sexually deviant acts. (4) Criminal investigation, prosecution, and court orders for treatment may be components of effective intervention. (5) Where practical, therapists should actively involve community supervision officers, child protective services workers, and victim therapists in case management. (6) A voluntary client accepted for treatment should be held to the same standards of compliance as are mandated offenders. (7) It is imprudent to release an untreated sex offender without providing offense-specific evaluation and treatment or specialized supervision. (8) Without external pressure many sex offenders will not follow through in treatment. Internal motivation improves the prognosis, but is not a guarantee of success. (9) Sex offenders require comprehensive, long term, offense-specific treatment. Currently, cognitive-behavioral approaches that utilize sex offender peer groups may be the most effective and best evaluated methods of treatment. Self-help groups, drug intervention, or time limited treatment should be used only as adjuncts to more comprehensive treatment. For some offenders, incarceration without treatment may increase the risk of recidivism. (10) The therapist shall have a written individualized treatment plan that identifies the issues, intervention strategies, and goals of treatment for each offender. Treatment plans should be reassessed periodically. (11) The treatment plan may include behavioral contracts which outline specific expectations of the offender, his/her family, and the offender's support systems. These contracts should include provisions to avert high risk situations. These contracts should be reassessed periodically. (12) Progress, or lack thereof, should be clearly documented in treatment records. Specific achievements, failed assignments and rule violations should be recorded. This information should be provided to the appropriate supervising officer in the justice system. (13) Progress in treatment must be based on specific, measurable objectives, observable changes, and demonstrated ability to apply changes in relevant situations. For most offenders, progress requires changes in the offender's behavior, attitudes, social and sexual functioning, cognitive processes, and arousal patterns. These changes should demonstrate increased understanding by the offender of his own deviant behavior, sensitization to the effects on a victim, and ability to seek and apply help. (14) When an offender has made the changes required in treatment, there should be a gradual and commensurate decline of intervention, support, and supervision following an offense-specific treatment program. Ongoing support to maintain changes made in treatment is necessary and aftercare and monitoring are desirable. (15) There will be instances when the clinician should refuse to treat an offender because essential ancillary resources do not exist to provide the necessary levels of intervention or safeguards. (16) The provider has an ethical obligation to refer the client to a more comprehensive treatment program and/or to the judicial system, when the treatment provider determines that an offender is not making the changes necessary to reduce his/her risk to the community. (17) Failure on the part of clients to abide by their treatment plans and/or contracts should result in referral back to the supervising officer in the justice system. (18) A therapist may decide to decline further involvement with a client who refuses to address any critical aspect of treatment. (19) Treatment providers need to immediately notify the appropriate authority when a client drops out of Court-ordered treatment. (20) Most sex offenders enter the criminal justice system with varying degrees of denial regarding their behavior. Overcoming denial is a gradual process achieved in treatment. The existence of some degree of denial should not preclude an offender entering treatment, although the degree of denial should be a factor in identifying the most appropriate form and location of treatment. (21) Sex offender treatment is unlikely to be effective unless the offender admits his/her behavior. Community based treatment may not be appropriate for offenders who continue to demonstrate complete denial after a trial period of treatment. (22) Therapists should not rely exclusively on self report by the offender to assess progress or compliance with treatment requirements and/or probation or parole orders. Therapists should rely on multiple sources of information regarding the offender's behavior and when possible utilize physiological methods such as polygraphy, Phallometric, or other research based physiological measurements. (23) Physiological measures should not replace other forms of monitoring but may improve accuracy when combined with active surveillance, collateral verifications, and self-report. Phallometric assessment in Texas must be conducted by an order and under the supervision of a physician. Polygraph examinations should only be conducted by licensed examiners. (24) Polygraphy can be effective in encouraging disclosure of prior events and adherence to rules. This procedure should never be the only method used to determine factual information. (25) Phallometric methods cannot be used to prove an individual did or did not, or will or will not commit a sexual offense. However, they can be useful in identifying sexual preferences and changes in preferences over time. (26) Informed, voluntary consent should always be obtained prior to engaging clients in aversive conditioning. (27) If Phallometric assessment or aversive therapies are used with persons 15 years of age or younger, consent for such assessment and therapy should be obtained from the juvenile offender and the offender's parents, and the procedures should be reviewed by a multidisciplinary professional or institutional advisory group. This is intended to insure that individuals not intimately involved in the treatment of the patient have input regarding the appropriateness of such methods consistent with the developmental level of the child. (28) Individuals under age 13 should not undergo Phallometric assessment or aversive therapies except in rare cases which must be approved by a multidisciplinary advisory group. (29) In cases of intellectually handicapped offenders who are unable to give consent, an interdisciplinary review and parental consent are the ways to obtain permission to proceed with treatment. (30) Removal of an intrafamilial sex offender against children from a residence in which children reside (instead of the children) is the preferred option. (31) Treatment referrals should be offered to the non-offending spouse and children in cases where a parent has been removed and to the family where a juvenile offender has been removed. (32) If the offender has a history of sexual arousal to or reported fantasies of sexual contact with children, he or she should be restricted from having access to children. Supervised visits may be considered if: (A) it is determined that sufficient safeguards exist; (B) the offender has demonstrated control over his or her deviant arousal; (C) it does not impede the offender's progress in treatment; and (D) court mandated conditions do not prohibit such contact. (33) There is evidence to support family participation in the treatment of sexual offenders. Where feasible and appropriate, spouses and other family members should be included. Victims or vulnerable children should be excluded until such time as joint therapy is determined to be appropriate. (34) The sex offender treatment provider should make every effort to collaborate with the victim's therapist in making decisions regarding communication, visits and reunification. Sex offender treatment providers should be supportive of the victim's wishes regarding contact with the offender. Contact should be arranged in a manner that places child/victim safety first. When assessing child safety, both psychological and physical well-being should be considered. The sex offender treatment provider shall insure that custodial parents or guardians of the children have been consulted prior to authorizing contact and that contact is in accordance with Court directives. (35) If reunification is deemed appropriate, the process should be closely supervised. There must be provisions for monitoring behavior and reporting rule violations. Victim comfort and safety should be assessed on a continuing basis. The offender's therapist should recognize that supervision during visits with children is critical for those whose crimes are against children, or who have demonstrated the potential to abuse children. Caution should be taken when selecting and preparing visitation supervisors. sec.512.3. Issues to be Addressed in Treatment. (a) During the past decade, the field of sex offender evaluation and treatment has undergone many changes. Research and clinical reports are beginning to demonstrate that a number of treatment methods may be effective in reducing some forms of sexual deviance. (b) Although existing data are inadequate to determine which type of treatment is the most effective for which type of offender, the following treatment methods generally are accepted as those most important to the effective treatment of sexual deviancy. (1) Arousal Control. Control of deviant arousal, fantasies, and urges is a priority with most sex offenders. Fantasy and sexual arousal to fantasy are precursors to deviant sexual behavior. It should be assumed that most offenders have gained sexual pleasure from their specific form of deviance. Arousal control methods do not eliminate but only help control arousal. It is therefore necessary that clients learn to apply these techniques in everyday situations, without reliance on a special apparatus. Arousal control may require periodic "booster" sessions for the remainder of the client's life. Effective arousal control must also include methods to control spontaneous deviant fantasies and to minimize contact with stimulating objects or persons. Arousal control should proceed from the most effective methods for reducing arousal to less effective methods. To document changes in arousal control, physiological measurement is essential. Multiple measures over time are required to determine change reliably. (2) Cognitive Therapy. Cognitive distortions are thoughts and attitudes that allow offenders to justify, rationalize, and minimize the impact of their deviant behavior. Cognitive distortions allow the offender to overcome prohibitions and progress from fantasy to behavior. These distorted thoughts provide the offender with an excuse to engage in deviant sexual behavior, and serve to reduce guilt and responsibility. Cognitive therapy strives to identify, assess, and modify cognitions that promote sexual deviance. Cognitive therapy is considered a vital component of treatment. (3) Relapse Prevention. Current knowledge of deviant sexual behavior suggests that there is a series of behaviors, emotions, and cognitions that is identifiable and which precede deviant sexual behavior in a predictable manner. The ability to accurately identify these maladaptive behaviors is a primary goal for every offender in treatment. Autobiographies, offense reports, interviews and cognitive-behavioral chains are used to identify antecedents to offending. The ability to intervene can be enhanced by training primary partners and other support persons to recognize maladaptive behaviors and to encourage application of proper coping behaviors. (4) Victim Empathy. Although there is no clear evidence to suggest that all sex offenders can gain true empathy for victims of abuse, a universal goal of treatment is to learn to understand and value others. Highlighting the consequences of victimization helps sensitize the offender to the harm he or she has done. The use of analogous experiences has been shown to be effective, especially with adolescents. (5) Biomedical Approaches. Intervention with psychopharmacological agents is useful in select cases. Antiandrogens such as depo-provera act by reducing testosterone and may be helpful in controlling arousal and libido when these factors are undermining progress in therapy or increasing the risk of re- offending before significant progress can be made in the cognitive aspects of therapy. Antidepressants and medications targeting obsessive compulsive symptoms are also useful in some individuals where those symptoms play a role in the overall psychodynamic picture. Likely candidates are those who are predatory, violent, have had prior treatment failures, and report an inability to control deviant sexual arousal. Use of these agents should never be the only method of treatment. (6) Increasing Social Competence. Sex offenders often have deficits in basic social and interpersonal skills. They may lack the ability to develop and sustain reciprocal friendships. Many offenders are poor problem-solvers, lack assertiveness, and do not adequately manage anger or stress. One goal of treatment is to improve the offender's ability to deal effectively with social situations and develop meaningful relationships with others. (7) Improving Primary Relationships. Failure to develop and maintain a reciprocal, loving sexual relationship with an adult partner may lead one to seek out alternative sexual outlets. Identifying specific sexual dysfunctions, sex therapy, and training in dating skills and erotic techniques may be necessary to develop a functional lifestyle. Failure to involve the current partners in therapy often leads to the same stresses and failure in the relationship that precipitated the sexual deviancy. (8) Couples/Family Therapy. To facilitate transition of the offender's partner into therapy a variety of treatment modalities are recommended. Individual therapy, non-offending spouses groups, and/or parents of victims groups prepare the partner for the issues and methods involved in sex offender treatment. Marital therapy or couples group therapy focused on sexual offending is essential in cases where an offender is to return home. If an offender is to eventually live in a home where victims or children reside, a predetermined integration sequence should be followed which addresses role and boundary issues. This should include close supervision and a variety of safeguards for the protection of children. (9) Support Systems. Involvement of close friends and family in therapy provides the offender with a milieu in which support is available. Part of the transition to follow-up treatment is a reduction in group and individual therapy. To compensate for this loss of support and surveillance, the support system should assist the offender in avoiding and coping with antecedents to sexual deviance. The support system should include individuals from the offender's daily life (i.e., family, friends, co-workers, church members and extended family). (10) Comorbid Diagnosis. In some sex offenders there are sufficient signs and symptoms to merit an additional diagnosis by DSM IV criteria. These diagnoses can be anywhere in the entire spectrum of psychiatric disease. The most common are alcohol abuse, substance abuse and affective disorders. Treating an alcohol or substance abuse problem should not be assumed to make sex offender treatment unnecessary. Occasionally, the delusions and hallucinations of schizophrenia will be associated with the individual committing sexual offenses. The comorbid diagnoses should be treated with the appropriate therapies concomitantly with the treatment for sex offending behavior except in the case of schizophrenia where the antipsychotic therapy would obviously take precedence. (11) Follow-up Treatment. A therapeutic regime that includes follow-up significantly increases the likelihood that gains made during treatment will be maintained. In order for new habits and skills to be reinforced and to monitor compliance with treatment contracts, follow-up treatment should involve periodic "booster" sessions to reinforce and assess maintenance of positive gains made during treatment. This can be facilitated by involving the support group, and using polygraphy and Phallometric assessment. Input from support group members, polygraph examinations, and Phallometric assessments may serve to deter future offenses or alert therapists to problems. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 12, 1995. TRD-9504472 Eliza May Executive Director Council on Sex Offender Treatment Effective date: May 3, 1995 Proposal publication date: November 15, 1995 For further information, please call: (512) 463-2323 Chapter 513. Code of Professional Ethics 40 TAC sec.513.1, sec.513.2 The Council on Sex Offender Treatment adopts the amendments to sec.513.1 and sec.513.2, concerning a code of professional ethics for sex offender treatment providers, with changes to the proposed text as published in the November 15, 1994, issue of the Texas Register (19 TexReg 8955). The rules provide sex offender treatment providers a code of professional ethics. The rules define a code of professional ethics for sex offender treatment providers. Comments were submitted by individual Registered Sex Offender Treatment Providers, and by individuals from the Brazoria County Community Supervision and Corrections Department. Comments received from these individuals are not intended to reflect the opinions of the company for which they are employed. It was suggested to simplify and explain in more detail vague and unclear language. This suggestion was accepted and language was revised when practical. The comment to include the victim's and the family's rights as well as the sex offender's in regard to disclosure of an offender's files, was adopted. Another suggestion made required that therapists to inform clients of their specific rights. The Council adopted this into the rules. Many suggestions and comments were specifically related to an individual's own practice. These comments were rejected because they did not apply to sex offender treatment providers as a whole. The new rules are adopted under Texas Civil Statutes, Article 4413(15), sec.13 and sec.15, which provide the Council on Sex Offender Treatment with the authority to establish and maintain a registry, develop standards for treatment of sex offenders that must me met by sex offender treatment providers. sec.513.1. Code of Professional Ethics. Sex offender treatment providers are trained in dealing with the assessment and treatment of sex offenders. These providers constitute a professional discipline which has a membership committed to establishing and maintaining the highest level of professional standards related to the assessment and treatment of sexual abusers. As such, they are conscious of their special skills and aware of their professional boundaries. They perform their professional duties with the highest level of integrity and appropriate confidentiality, within the scope of their statutory responsibilities. They will not hesitate to seek assistance from other professional disciplines when circumstances dictate. They are committed to protect the public against and will not hesitate to expose unethical, incompetent, or dishonorable practices. In order to maintain the highest standard of service and consumer protection, they commit themselves to the following principles designed to earn the greatest level of public confidence. sec.513.2. Code of Ethics. (a) Professional Conduct. (1) Each clinician will provide professional service to anyone, regardless of race, religion, sex, political affiliation, social or economic status, or choice of life style. A provider will not allow personal feelings related to a client's alleged or actual crimes or behavior to interfere with professional judgment and objectivity. When a therapist cannot offer service to a client for any reason, he or she will make a proper referral. Providers are encouraged to devote a portion of their time to work for which there is little or no financial return. (2) Each provider will refrain from using his or her professional relationship, related to the assessment or treatment of a client, to further personal, religious, political or economic interests, other than customary professional fees. (3) The proper conduct of each therapist is a personal matter to the same degree as it is with any other individual, except when such conduct compromises the fulfillment of professional responsibilities or reduces the public trust in this specialty area. Consequently, providers are sensitive to predominant community standards and the potential impact that either conformity to, or deviation from, these standards can have on the perception of their own performance, as well as that of their colleagues. (4) Each provider has an obligation to engage in continuing education and professional growth including active participation in meetings and affairs or relevant professional affiliations. (5) Each provider will refrain from diagnosing, treating or advising on problems outside the recognized boundaries of his/her competence. (b) Client Relationships. (1) Each provider, offers dignified and reasonable support to a client, and does not exaggerate the efficacy of his or her service. (2) When engaged in private practice, each provider recognizes the importance pertaining to financial matters with clientele. Arrangements for payments are to be settled at the beginning of an assessment or a therapeutic relationship. (3) Each provider will avoid dual relationships with clientele. These may impair professional judgment or pose a risk of exploiting the client. Examples of dual relationships include, but are not limited to, the following: treatment of family members, close friends, employees, supervisors, or supervisees. (4) Sexual harassment or intimacy with clients is unethical. Sexual behavior between a therapist and a client constitutes a felony offense in Texas. (5) A provider shall not withdraw services to clients in a precipitous manner. Each member shall give careful consideration to all factors in the situation and take care to minimize possible adverse effects on the client. (6) Each provider who anticipates termination or disruption of service to clients shall notify the clients promptly and provide for transfer, referral, or continuation of service in keeping with the client's needs and preferences. (7) Each provider who serves the clients of a colleague during a temporary absence or emergency will serve those clients with the same consideration of that afforded any client. (8) In their professional role, providers will avoid any action which will violate or diminish the legal and civil rights of clients or others who may be affected by their actions. (c) Confidentiality. (1) Providers will keep records on each client, storing them in such a way as to ensure their safety and confidentiality in accordance with the highest professional and legal standards. (2) Each provider is responsible for informing clients of the limits of confidentiality. Clients should be informed of any circumstances which may trigger an exception to the agreed upon confidentiality. The client being evaluated or treated has the option to decide what information to reveal and what risks to confidentiality he or she may wish to bear. A written and signed document (contract) is recommended. (3) Providers in criminal justice settings, or elsewhere, should inform all parties with whom they are working of the level of confidentiality which applies. They should clarify any circumstances which would constitute exceptions to confidentiality, in advance of the service being rendered. Each provider should make clear to the client any "conflicts of interests" or dual-client relationships which affect his/her current relationship with a client. (4) Written permission and informed consent shall be granted by the client before any data may be divulged to other parties. (5) When responding to an inquiry for information and when a written release by the client is obtained, written and oral reports should present data germane to the purpose of the inquiry. Every effort should be made to avoid undue invasion of privacy for the client or other related person. (6) As noted in paragraph (5) of this subsection, information is not communicated to others without the consent of the client unless the following circumstances occur: (A) there exists a clear and immediate danger to the person from the client; (B) there is an obligation to comply with specific statutes requiring reports of suspected abuse to authorities. Each provider is responsible for becoming fully aware of all statutes which pertain to the conduct of his or her professional practice. (d) Assessments. (1) Providers make every effort possible to promote the client's non-offending behavior while at the same time, acting in the best interest of the client, so long as others are not placed at identifiable risk. They guard against the misuse of assessment data. They respect their clients' rights to know the results, the interpretations made, and the basis for the conclusions and recommendations drawn from such assessments. They endeavor to ensure that the assessments and reports they provide are used appropriately by others as well. Reports are written in such a way to communicate clearly to the recipient of the report. (2) Unless the client agrees to an exception in advance, each provider respects the right of the client to have a complete explanation, in language which the client is able to understand, of the nature and purpose of the methodologies, and any foreseeable (side) effects of the assessment. (3) Each provider will obtain voluntary informed consent, in written form, from a client prior to conducting a physiological assessment or engaging in treatment. In cases where a question exists regarding the appropriateness of administering a test to a particular client, the provider shall seek expert guidance from a competent medical and/or psychological authority prior to testing. (4) In court-ordered evaluations, the client should be informed of his rights as a client, including his rights of confidentiality. (5) The responsible use of assessment measures is of paramount concern and a serious responsibility of each provider. Assessments regarding a person's degree of sexual dangerousness, suitability for treatment, or other forensic referral questions shall not be determined solely on the basis of a Phallometric assessment. Rather, such data must be properly integrated within a comprehensive assessment, the components of which are determined by a person who has specific training and expertise in making such assessments. (6) An assessment should not be used to confirm or deny whether an event or crime has taken place. (7) In reporting assessment results, providers indicate any reservations that might exist regarding validity or reliability because of the circumstances of the assessment or the absence of comparative norms for the person being tested. Each provider endeavors to ensure that assessment results and interpretations are not misunderstood or misused by others. Proper qualifications will be made with regard to prediction and "generalizability of data" issues, in order to not mislead the consumer of the report. (8) Since it is not within the professional competence of providers to offer conclusions on matters of law, unless they are trained to do so, they should resist pressure to offer such conclusions (e.g., while it would be appropriate to address an issue regarding the probability of a client committing certain criminal acts within a certain period of time, it would be inappropriate to state that "an individual is too dangerous to be released."). (9) Each provider should be very cautious in offering predictions of criminal behavior for use in imprisoning or releasing individuals. If a provider decided that it is appropriate, on the basis of a thorough evaluation in a given case, to offer a prediction of criminal behavior, he or she should specify clearly: (A) the acts being predicted; (B) the estimated probability that these acts will occur during a given period of time; and (C) the facts and data on which these predictive judgments are based. (10) Each provider should be thoroughly familiar with the assessment or treatment procedures and data used by another provider before providing any public comment or testimony pertaining to the validity, reliability, or accuracy of such information. (11) Each provider will safeguard sexual arousal assessment testing and treatment materials. Each provider will recognize the sensitivity of this material and use it only for the purpose for which it is intended in a controlled Phallometric laboratory assessment. Providers will not make such materials available to persons who lack proper training and credentials, or who would misinterpret or improperly use such stimulus materials. (e) Professional Relationships. (1) Each provider will refrain from knowingly offering services to a client who is in treatment with another professional without initially consulting with the professionals involved. (2) Each provider will act with proper regard for the needs, special competencies, and perspectives of not only colleagues who treat sexual abusers but other professionals as well. (3) Each provider is encouraged to affiliate with professional groups, clinics, or agencies operating in the assessment and treatment of sexual offenders. Similarly, interdisciplinary contact and cooperation is encouraged. (f) Research and Publications. (1) Each provider is obligated to protect the welfare of his or her research subjects. Provisions of the "human subjects experimental policy" shall prevail as specified by the United States Department of Health, Education and Welfare guidelines. (2) Each provider will carefully evaluate the ethical implications of possible research and has full responsibility to ensure that ethical practices are enforced in conducting such research. (3) The practice of informed consent prevails. The research participant shall have full freedom to decline to participate in or withdraw from the research at any time without any prejudicial consequences. (4) The research subject shall be protected from physical and mental discomfort, harm, and danger that may result from research procedures to the greatest degree possible. (5) Publication credit is assigned to those who have contributed to a publication in proportion to their contribution, and in accordance with customary publication practices. (g) Public Information and Advertising. All professional presentations to the public will be governed by the following standards on public information and advertising. (1) General Principles. The practice of assessment and treatment of the sex offender exists for the public welfare. Therefore, it is appropriate for the well trained and qualified practitioner to inform the public of the availability of services. However, much needs to be done to educate the public as to the services available from qualified persons who engage in the assessment and treatment of sexual abusers. Therefore, providers have a responsibility to the public to engage in appropriate informational activities and avoid misrepresentation or misleading statements in keeping with the following general principles and specific regulations: selection of the therapist by a prospective client should be made on an informed basis. Advice and recommendations of third parties, such as community corrections officers, attorneys, physicians, other professionals, relatives or friends, as well as responses to restrained publicity, may be helpful. Advertisements and public communications, whether in directories, announcement cards, newspapers or on radio or television, should be formulated to convey accurate information which is necessary to make an appropriate selection. Self-praising and testimonials should be avoided. Information that may be helpful in some situations would include the following: (A) office information such as name, including a group name and names of professional associates, address, telephone number, credit card acceptability, languages spoken and written, and office hours; (B) earned degrees, state licensure and/or other certification, professional certification or affiliation; (C) description of practice, including the statement that a practice is limited to the assessment or treatment of sexual offenders (if appropriate); and (D) professional fee information. (2) The proper motivation for community publicity by members who are engaged in the assessment and treatment of sexual abusers lies in the need to inform the public of the availability of competent professionals. The public benefit derived from advertising depends upon the usefulness and accuracy of the information provided to the community to which it is directed. (3) The regulation of public statements by providers is rooted in the public interest. Public statements through which a provider seeks business by use of extravagant or brash statements or appeals to fears could mislead or harm the lay person. Furthermore, public communications that would produce unrealistic expectations in particular cases and would bring about a lack of confidence in the profession, would be harmful to the community. The therapist-client relationship is personal and unique and should not be established as the result of pressures, deception or exploitation of the vulnerability of clients. (4) The name under which a provider conducts his or her practice may be a factor in the selection process. Use of a name or credentials which could mislead referral sources or lay persons is improper. Likewise, one should not hold oneself out as being a partner or associate of any agency or firm if he is, in fact, not acting in that capacity (e.g., a person engaged in private practice who is also employed at a state hospital should make it clear to a prospective client in private practice that he is not acting on behalf of a state hospital). (5) In order to avoid the possibility of misleading persons with whom he or she deals, a provider should be scrupulous in the representation of his or her professional background, training and status. Each provider must indicate, if it is accurate, any limitations in his or her practice (e.g., a therapist who is a member should specify if, while working in a private practice setting, he/she needs to operate under the supervision of a licensed professional). (6) Providers do not represent their affiliation with any organization or agency in a manner which falsely implies sponsorship or certification by that organization. (7) Regulation of public information and advertising. (A) A provider shall not knowingly make a representation about his or her ability, background, or experience, or about that of a partner or associate, or about a fee or any other aspect of a proposed professional engagement that is false, fraudulent, misleading, or deceptive. (B) A false, fraudulent, misleading, or deceptive statement or claim is defined as a statement or claim which: (i) contains a material misrepresentation of fact; (ii) omits any material or statement of fact which is necessary to make the statement, in light of all circumstances, not misleading; (iii) is intended or likely to create an unjustified expectation concerning the clinician, or services. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 12, 1995. TRD-9504471 Eliza May Executive Director Council on Sex Offender Treatment Effective date: May 3, 1995 Proposal publication date: November 15, 1995 For further information, please call: (512) 463-2323