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 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 115. Home and Community Support Services Agencies Subchapter A. General Provisions 25 TAC sec.115.7 The Texas Department of Health (department) adopts new sec.115.7, concerning the Texas Department of Health/Board of Nurse Examiners Memorandum of Understanding Advisory Committee, with changes to the proposed text as published in the December 2, 1994, issue of the Texas Register (19 TexReg 9450). The new section implements Texas Civil Statutes, Article 6252-33 (Senate Bill 383, Acts of the 73rd Legislature, Regular Session, 1993) which requires the department to adopt rules relating to the purpose and tasks of each advisory committee and the manner in which committees will report to the department. The new section will establish rule language which describes the tasks of the advisory committee, member composition, members' terms of office, election of officers, meeting times, meeting minutes, meeting attendance requirements, meeting procedures, departmental staff support, establishment of subcommittees, statements made by members, reports to the board, and reimbursement for expenses. Since this committee will also advise the Board of Nurse Examiners, that board will also consider proposing rules as required by Texas Civil Statutes, Article 6252-33 at their May 10, 1995 meeting. The following comment was received regarding the proposed section. Comment: Concerning sec.115.7(a)(2), department staff commented that the statutory reference should be to the Health and Safety Code, sec.11.016, which gives the Texas Board of Health authority to establish advisory committees. Reponse: The department made the change. Minor editorial changes were made for clarification purposes. The new section is adopted under the Texas Civil Statutes, Article 6252-33 relating to agency review of advisory committees; the Health and Safety Code, sec.11.016, which provides the Texas Board of Health (board) with the authority to establish advisory committees; and the Health and Safety Code, sec.12.001, which provides the board with the authority to adopt rules for the performance of every duty imposed by law upon the board, the department and the commissioner of health. sec.115.7. Texas Department of Health/Board of Nurse Examiners Memorandum of Understanding Advisory Committee. (a) The committee. An advisory committee shall be appointed under and governed by this section. (1) The name of the committee shall be Texas Department of Health/Board of Nurse Examiners Memorandum of Understanding Advisory Committee. (2) The committee is established under the Health and Safety Code, sec.11.016. (b) Applicable law. The committee is subject to Texas Civil Statutes, Article 6252-33 relating to state agency advisory committees. (c) Purpose. The purpose of the committee is to provide advice to the Texas Board of Health (board) and the Board of Nurse Examiners (BNE) in the area of defining certain tasks or services provided by home and community support services agencies. (d) Tasks. (1) The committee shall advise the board and the BNE concerning the development, modification, and renewal of a memorandum of understanding (MOU) governing the circumstances under which the provision of health-related tasks or services do not constitute the practice of professional nursing. (2) The committee shall carry out any other tasks given to the committee by the board and the BNE. (e) Review and duration. By July 1, 1999, the board will initiate and complete a review of the committee to determine whether the committee should be continued, consolidated with another committee, or abolished. If the committee is not continued or consolidated, the committee shall be abolished on that date. (f) Composition. The committee shall be composed of ten members jointly appointed by the board and the BNE. The members of the committee shall be appointed as follows: (1) one representative from the BNE and one representative from the Texas Department of Health (department); (2) one representative from the Texas Department of Mental Health and Mental Retardation; (3) one representative from the Texas Department of Human Services; (4) one representative from the Texas Nurses Association; (5) one representative from the Texas Association for Home Care, Incorporated, or its successor; (6) one representative from the Texas Hospice Organization, Incorporated, or its successor; (7) one representative of the Texas Respite Resource Network or its successor; and (8) two representatives of organizations such as the Personal Assistance Task Force or the Disability Consortium that advocate for clients in community-based settings. (g) Terms of office. The term of office of each member shall be six years. (1) Members shall be appointed for staggered terms so that the terms of a substantially equivalent number of members will expire on January 31 of each even-numbered year. (2) If a vacancy occurs, a person shall be appointed to serve the unexpired portion of that term. (h) Officers. The representatives from the department and the BNE will serve as co-chairmen of the committee. (1) The co-chairmen shall preside at all committee meetings at which they are in attendance, call meetings in accordance with this section, appoint subcommittees of the committee as necessary, and cause proper reports to be made to the board. (2) The co-chairmen may serve as ex-officio members of any subcommittee of the committee. (i) Meetings. The committee shall meet only as necessary to conduct committee business. (1) A meeting may be called by agreement of department staff, BNE staff, and either the co-chairmen or at least three members of the committee. (2) Meeting arrangements shall be made by department staff. Department staff shall contact committee members to determine availability for a meeting date and place. (3) Each meeting of the committee shall be announced and conducted in accordance with the Open Meetings Act, Texas Government Code, Chapter 551. (4) Each member of the committee shall be informed of a committee meeting at least five working days before the meeting. (5) A simple majority of the members of the committee shall constitute a quorum for the purpose of transacting official business. (6) The committee is authorized to transact official business only when in a legally constituted meeting with quorum present. (7) The agenda for each committee meeting shall include an item entitled public comment under which any person will be allowed to address the committee on matters relating to committee business. The co-chairmen may establish procedures for public comment, including a time limit on each comment. (j) Attendance. Members shall attend committee meetings as scheduled. Members shall attend meetings of subcommittees to which the member is assigned. (1) A member shall notify a co-chairman or appropriate department staff if he or she is unable to attend a scheduled meeting. (2) It is grounds for removal from the committee if a member cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability, is absent from more than half of the committee and subcommittee meetings during a calendar year, or is absent from at least three consecutive committee meetings. (3) The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a member exists. (4) The attendance records of the members shall be reported to the board. The report shall include attendance at committee and subcommittee meetings. (k) Staff. Staff support for the committee shall be provided by the department. (l) Procedures. Roberts Rules of Order, Newly Revised, shall be the basis of parliamentary decisions except where otherwise provided by law or rule. (1) Any action taken by the committee must be approved by a majority vote of the members present once quorum is established. (2) Each member shall have one vote. (3) A member may not authorize another individual to represent the member by proxy. (4) The committee shall make decisions in the discharge of its duties without discrimination based on any person's race, creed, gender, religion, national origin, age, physical condition, or economic status. (5) Minutes of each committee meeting shall be taken by department staff. (A) A draft of the minutes approved by the co-chairmen shall be provided to the board and each member of the committee within 30 days of each meeting. (B) After approval by the committee, the minutes shall be signed by the co- chairmen. (m) Subcommittees. The committee may establish subcommittees as necessary to assist the committee in carrying out its duties. (1) The co-chairmen shall appoint members of the committee to serve on subcommittees and to act as subcommittee chairpersons. The co-chairmen may also appoint nonmembers of the committee to serve on subcommittees. (2) Subcommittees shall meet when called by the subcommittee chairperson or when so directed by the committee. (3) A subcommittee chairperson shall make regular reports to the advisory committee at each committee meeting or in interim written reports as needed. The reports shall include an executive summary or minutes of each subcommittee meeting. (n) Statement by members. The board, the department, and the committee shall not be bound in anyway by any statement or action on the part of any committee member except when a statement or action is in pursuit of specific instructions from the board, department, or committee. (o) Reports to board. The committee shall file an annual written report with the board. (1) The report shall list the meeting dates of the committee and any subcommittees, the attendance records of its members, a brief description of actions taken by the committee, a description of how the committee has accomplished the tasks given to the committee by the board, the status of any rules which were recommended by the committee to the board, anticipated activities of the committee for the next year, and any amendments to this section requested by the committee. (2) The report shall identify the costs related to the committee's existence, including the cost of agency staff time spent in support of the committee's activities. (3) The report shall cover the meetings and activities in the immediate proceeding 12 months and shall be filed with the board each January. It shall be signed by the co-chairmen and appropriate department staff. (p) Reimbursement for expenses. In accordance with the requirements set forth in Texas Civil Statutes, Article 6252-33, a committee member may receive reimbursement for the member's expenses incurred for each day the member engages in official business. (1) No compensatory per diem shall be paid to committee members unless required by law. (2) A committee member who is an employee of a state agency, other than the department, may not receive reimbursement for expenses from the department. (3) A nonmember of the committee who is appointed to serve on a subcommittee may not receive reimbursement for expenses from the department. (4) Each member who is to be reimbursed for expenses shall submit to staff the member's receipts for expenses and any required official forms no later than 14 days after each committee meeting. (5) Requests for reimbursement of expenses shall be made on official state travel vouchers prepared by department staff. This agency hereby certifies that the 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 17, 1995. TRD-9504782 Susan K. Steeg General Counsel Texas Department of Health Effective date: May 10, 1995 Proposal publication date: December 2, 1994 For further information, please call: (512) 458-7236 TITLE 30. ENVIRONMENTAL QUALITY Part I. Texas Natural Resource Conservation Commission Chapter 114. Control of Air Pollution From Motor Vehicles 30 TAC sec.114.13 The Texas Natural Resource Conservation Commission (TNRCC or Commission) adopts an amendment to sec.114.13, concerning Oxygenated Fuels, without changes to the proposed text as published in the January 17, 1995, issue of the Texas Register (20 TexReg 279). The amendment responds to a petition for rulemaking filed by Exxon Company, U.S.A. to reduce administrative costs for the company and others providing oxygenated fuels in El Paso. The existing sec.114.13(f) stated that from October 1 to March 31, gasoline pumps dispensing oxygenated gasoline shall display a legible and conspicuous label with the following statement: "The gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide from motor vehicles." The new sec.114.13(f) will allow owners of pumps dispensing oxygenated gasoline to add the relevant dates to the required label in order to eliminate the need to remove the label during months in which oxygenated gasoline is not dispensed. A public hearing on the proposal was held February 16, 1995, in Austin to consider the proposed amendment. The staff requested comments from the public, the regulated community, and the United States Environmental Protection Agency (EPA) regarding the effects of the proposed rule change. Comments supporting the amendment to sec.114.13(f) were received from EPA and from Exxon. The amendment is adopted under the Texas Health and Safety Code, Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC with the authority to adopt rules consistent with the policy and purposes of the TCAA. 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-9504745 Lydia Gonzalez-Gromatzky Acting Director, Legal Services Division Texas Natural Resource Conservation Commission Effective date: May 9, 1995 Proposal publication date: January 17, 1995 For further information, please call: (512) 239-1966 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Department Chapter 57. Fisheries The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing held on March 23, 1995, adopted the repeal of sec.57. 130, amendments to sec.sec.57.111, 57.113-57.115, 57.117-57.120, 57.123, and 57. 129, and new sec.sec.57.130-57.134, concerning harmful or potentially harmful exotic fish, shellfish and aquatic plants, without changes to the proposed text as published in the December 27, 1994, issue of the Texas Register (19 TexReg 10331). The repeal was necessary for implementation of new rules. The amendments and new rules effect three changes to existing regulations. First, new mechanisms are established through which zoological parks and research facilities may possess harmful or potentially harmful exotic fish, shellfish and aquatic plants for display or research purposes. The new rules and amendments further provide enhanced protection means for prevention of release of exotic species into Texas waters as a result of hurricanes or other weather-related disasters. Finally, the amended and new rules provide a means to allow transportation of harmful or potentially harmful exotic fish, shellfish and aquatic plants through Texas when a site in Texas is not the ultimate destination of these exotic species. The repeal, amendments and new rules function by providing substantial improvement in preventing release of harmful or potentially harmful exotic fish, shellfish and aquatic plants into Texas waters. Three respondents provided comments in favor of removal of Egeria densa from the list of aquatic plants classified as harmful or potentially harmful plants. The agency received no comments from organizations or groups regarding the proposed repeal, amendments and new rules. Harmful or Potentially Harmful Exotic Fish, Shellfish, and Aquatic Plants 31 TAC sec.sec.57.111, 57.113-57.115, 57.117-57.120, 57.123, 57. 129, 57.130- 57.134 The amendments and new rules are adopted under authority of Parks and Wildlife Code, sec.66.007, which provides the department with authority to regulate importation, possession, sale and release of harmful or potentially harmful exotic species. 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 11, 1995. TRD-9504713 Paul M. Shinkawa Acting General Counsel Texas Parks and Wildlife Department Effective date: May 8, 1995 Proposal publication date: December 27, 1994 For further information, please call: (512) 389-4642 31 TAC sec.57.130 The repeal is adopted under authority of Parks and Wildlife Code, sec.66. 007, which provides the department with authority to regulate importation, possession, sale and release of harmful or potentially harmful exotic species. 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 11, 1995. TRD-9504714 Paul M. Shinkawa Acting General Counsel Texas Parks and Wildlife Department Effective date: May 8, 1995 Proposal publication date: December 27, 1994 For further information, please call: (512) 389-4642 Chapter 59. Parks Naming State Parks and Park Features 31 TAC sec.59.91 The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing held on March 23, 1995, adopted the repeal of sec.59.91, concerning Naming Sites and Features, without changes to the proposed text as published in the February 17, 1995, issue of the Texas Register (20 TexReg 1067). The existing policy for naming state parks and features in was adopted by the Parks and Wildlife Commission in 1976. The Texas Parks and Wildlife Department Wildlife Division also has a similar practice for the naming of Wildlife Management Areas. Repeal of the current rules regarding naming of sites and features allows formulation of new policy which provides a uniform naming policy for both park and wildlife management areas. The repeal will prevent conflict with new Commission policy regarding naming of state parks and state park features. The department received no public comment concerning the proposed repeal. The repeal is adopted under Parks and Wildlife Code, Chapter 13, sec.13.001, which provides the Parks and Wildlife Commission with authority to establish a classification system for state parks and wildlife management areas. 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 11, 1995. TRD-9504712 Paul M. Shinkawa Acting General Counsel Texas Parks and Wildlife Department Effective date: May 8, 1995 Proposal publication date: February 17, 1995 For further information, please call: (512) 389-4642 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part XIX. Texas Department of Protective and Regulatory Services Chapter 700. Child Protective Services The Texas Department of Protective and Regulatory Services (TDPRS) adopts the repeal of sec.sec.700.1901-700.1903 and adopts new sec.sec.700.1901-700.1902, without changes to the proposed text as published in the March 10, 1995, issue of the Texas Register (20 TexReg 1744). The justification for the repeals and new sections is to reorganize, update, and clarify the department's policies for coordinating placements under the Interstate Compact on the Placement of Children (ICPC). The department's rules for coordinating interstate placements have not been systematically revised since 1984. The department is revising the rules now to integrate them with the department's new rules for substitute-care services, to incorporate regulations adopted by the Association of Administrators of the ICPC, and to improve the presentation of policies and procedures for interstate placements in the CPS Handbook. The repeals and new sections will function by improving the quality and efficiency of the department's services to children who must be placed across state lines. No comments were received regarding adoption of the repeals and new sections. Subchapter S. Interstate Placement of Children 40 TAC sec.sec.700.1901-700.1903 The repeals are adopted under the Human Resources Code, Title 2, Chapter 45, which authorizes the department to operate under the Interstate Compact on the Placement of Children. The repeals are also adopted under the Texas Family Code, Title 2, Chapter 34, which authorizes the department to provide services to alleviate the effects of child abuse and neglect. And finally, the repeals are adopted under Texas Civil Statutes, Article 4413 (503), historical note (Vernon Supplement 1993), 72nd Legislature, which transferred all functions, programs, and activities related to the child protective services program from the Texas Department of Human Services (TDHS) to the Texas Department of Protective and Regulatory Services. The repeals implement the Human Resources Code, Title 2, Chapter 45, which authorizes the department to operate under the Interstate Compact on the Placement of Children. 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 17, 1995. TRD-9504705 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Protective and Regulatory Services Effective date: June 1, 1995 Proposal publication date: March 10, 1995 For further information, please call: (512) 450-3765 40 TAC sec.700.1901, sec.700.1902 The new sections are adopted under the Human Resources Code, Title 2, Chapter 45, which authorizes the department to operate under the Interstate Compact on the Placement of Children. The new sections are also adopted under the Texas Family Code, Title 2, Chapter 34, which authorizes the department to provide services to alleviate the effects of child abuse and neglect. And finally, the new sections are adopted under Texas Civil Statutes, Article 4413 (503), historical note (Vernon Supplement 1993), 72nd Legislature, which transferred all functions, programs, and activities related to the child protective services program from the Texas Department of Human Services (TDHS) to the Texas Department of Protective and Regulatory Services. The new sections implement the Human Resources Code, Title 2, Chapter 45, which authorizes the department to operate under the Interstate Compact on the Placement of Children. 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 17, 1995. TRD-9504706 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Protective and Regulatory Services Effective date: June 1, 1995 Proposal publication date: March 10, 1995 For further information, please call: (512) 450-3765