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 22. EXAMINING BOARDS Part XXII. Texas State Board of Public Accountancy Chapter 501. Professional Conduct Professional Practices 22 TAC sec.501.11 The Texas State Board of Public Accountancy adopts an amendment to sec.501. 11, without changes to the proposed text as published in the March 17, 1995, issue of the Texas Register (20 TexReg 1853). The amendment allows the public to offer, and Certified Public Accountants to accept, contingent fees in specified circumstances. The amendment will function by making it clear that during the preparation of financial statements independence is not impaired when a contingent fee is a result of a court or public or governmental authority's determination or associated with the preparation of tax returns. No comments were received concerning adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 41a-1, Section 6, which provides the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law. 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 19, 1995. TRD-9504894 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: May 12, 1995 Proposal publication date: March 17, 1995 For further information, please call: (512) 505-5566 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 3. Income Assistance Services Subchapter NN. Electronic Benefit Transfer 40 TAC sec.3.4005 The Texas Department of Human Services (DHS) adopts an amendment to sec.3. 4005, concerning benefit availability dates, in its Income Assistance Services rule chapter, without changes to the proposed text as published in the March 17, 1995, issue of the Texas Register (20 TexReg 1874). The justification for the amendment is to modify the Food Stamp availability dates for benefits to ensure that no participating household has more than a 40- day lapse between issuances during the transition to the Electronic Benefit Transfer (EBT) system. The amendment will function by ensuring that availability dates for benefits will be in compliance with federal requirements that specify the 40-day limit. The department received no comments regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. The amendment implements the Human Resources Code, sec.22.001 and sec.33.002. 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 19, 1995. TRD-9504792 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: June 1, 1995 Proposal publication date: March 17, 1995 For further information, please call: (512) 450-3765 Texas Department of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's Note: As required by the Insurance Code, Article 5.96 and 5. 97, the Texas Register publishes notices of actions taken by the Department of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure Act. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the Department of Insurance, 333 Guadalupe, Austin.) The Commissioner of Insurance, at a public hearing under Docket Number 2141 held at 1:00 p.m., April 17, 1995, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, adopted amendments proposed by staff to the Texas Standard Provisions for Automobile Policies (the Standard Provisions) and the Texas Automobile Rules and Rating Manual (the Manual), Amendatory Endorsement 593B, and Endorsement TE 99 17F. Staff's petition (Reference Number A-0295-5-I) was published in the March 10, 1995, issue of the Texas Register (20 TexReg 1745). The "family exclusion" in liability coverage in the Personal Auto Policy, is amended through a revision to Amendatory Endorsement 593B (to be redesignated as 593C) in the Standard Provisions and the Manual. The Manual's Endorsement TE 99 17F ( to be redesignated TE 99 17G) "Individual Named Insured," which provides personal auto coverage when attached to the Business Auto, Garage, or Truckers Coverage Forms, is also amended. Personal auto coverage has been subject to the following exclusion: "We do not provide Liability Coverage for you or any family member for bodily injury to you or any family member." This order changes the period to a comma, and adds "except to the extent of the minimum limits of Liability Coverage required by Texas Civil Statutes, Article 6701h, entitled 'Texas Motor Vehicle Safety- Responsibility Act.' " On October 27, 1993 (motion for rehearing overruled June 2, 1994), the Supreme Court of Texas ruled (National County Mutual Fire Insurance Company v Johnson, 879 S.W.2d 1) that the "family exclusion" in the Personal Auto Policy, Part A- Liability Coverage, Exclusions, paragraph C, is invalid, to the extent that it prevents the Personal Auto Policy from providing the minimum coverage limits required by Texas Civil Statutes, Article 6701h (mentioned previously). The Court reaffirmed its above position in Liberty Mutual Fire Insurance Company v Sanford, 879 S.W.2d 9 (Texas Supplement 1994). Therefore, this policy provision is modified by Amendatory Endorsement 593C, as shown in an exhibit attached to staff's petition. The modification brings the Personal Auto Policy into compliance with the Court's decisions. The same modification is made in the form of Endorsement TE 99 17G, also attached as an exhibit to staff's petition. The amendments as adopted by the Commissioner of Insurance are shown in exhibits on file with the Chief Clerk under Reference Number A-0295-5-I, which is incorporated by reference into Commissioner's Order Number 95-0345. The Commissioner of Insurance has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.06, 5.10, 5.96, and 5.98. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code. Consistent with the Insurance Code, Article 5.96(h), the Department will notify all insurers writing automobile insurance of this adoption by letter summarizing the Commissioner's action. 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 19, 1995. TRD-9504811 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Effective date: August 1, 1995 Proposal publication date: March 10, 1995 For further information, please call: (512) 463-6327