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 28. INSURANCE Part I. Texas Department of Insurance Chapter 7. Corporate and Financial Regulation Subchapter A. Examination and Corporate Custodian and Tax National Association of Insurance Commissioners Examiners Handbook 28 TAC sec.7.11 The Texas Department of Insurance adopts an amendment to sec.7.11, concerning the National Association of Insurance Commissioners Examiners Handbook, without changes to the proposed text as published in the January 17, 1995, issue of the Texas Register (20 TexReg 278). The amendment to sec.7.11 is necessary to clarify which version of the NAIC Examiners Handbook has been officially adopted by reference by the Texas Department of Insurance. The amendment to sec.7.11 is adopted to comply with a newly enacted provision of the Insurance Code, Article 1.27, which recites that the Department may not require an insurer to comply with any rule, regulation, directive, or standard adopted by the National Association of Insurance Commissioners unless it is expressly authorized by and approved by the Commissioner. The amendment will allow interested persons notice and opportunity for a hearing if the Department proposes to adopt a particular version of the NAIC Examiners Handbook. Section 7.11 specifies which version of the NAIC Examiners Handbook has been officially adopted by reference by the Texas Department of Insurance. Paragraph (a) defines terms used in the new section. Paragraph (b) recites that the department adopts by reference the NAIC Examiners Handbook (March, 1994) as the standard for the department when conducting statutory examinations and rehabilitations of insurers licensed in Texas. No comments were received regarding adoption of the amendment. The amendment is adopted pursuant to the Insurance Code, Articles 1.03A and 1.27. Article 1.03A authorizes the Commissioner of Insurance to promulgate and adopt rules and regulations for the conduct and execution of duties and functions by the Department. Article 1.27 recites that the Department may not require an insurer to comply with any rule, regulation, directive, or standard adopted by the National Association of Insurance Commissioners unless it is expressly authorized by and approved by the Commissioner. The adopted rule affects Insurance Code, Article 1.27. 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 May 4, 1995. TRD-9505400 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Effective date: May 25, 1995 Proposal publication date: January 17, 1995 For further information, please call: (512) 463-6327 Subchapter A. Examination and Corporate Custodian and Tax National Association of Insurance Commissioners Purposes and Procedures of the Securities Valuation Office Manual 28 TAC sec.7.16 The Texas Department of Insurance adopts an amendment to sec.7.16, concerning the National Association of Insurance Commissioners Purposes and Procedures of the Securities Valuation Office Manual, without changes to the proposed text as published in the January 13, 1995, issue of the Texas Register (20 TexReg 209). The amendment to sec.7.16 is necessary to clarify which version of the NAIC Purposes and Procedures of the Securities Valuation Office manual has been officially adopted by reference by the Texas Department of Insurance. The amendment to sec.7.16 is adopted to comply with a newly enacted provision of the Insurance Code, Article 1.27, which recites that the Department may not require an insurer to comply with any rule, regulation, directive, or standard adopted by the National Association of Insurance Commissioners unless it is expressly authorized by and approved by the Commissioner. The amendment will allow interested persons notice and opportunity for a hearing if the Department proposes to adopt a particular version of the NAIC Purposes and Procedures of the Securities Valuation Office manual. Section 7.16 specifies which version of the NAIC Purposes and Procedures of the Securities Valuation Office manual has been officially adopted by reference by the Texas Department of Insurance. Paragraph (a) defines terms used in the new section. Paragraph (b) recites that the department adopts by reference the NAIC Purposes and Procedures of the Securities Valuation Office manual (effective for 1994 Annual Statements) as the standard for the Department in the evaluation of securities. Paragraph (c) sets out an exception to the NAIC Purposes and Procedures of the Securities Valuation Office manual, reciting the circumstances in which companies shall establish an Asset Valuation Reserve (AVR) or Interest Maintenance Reserve (IMR). No comments were received regarding adoption of the amendment. The amendment is adopted pursuant to the Insurance Code, Articles 1.03A and 1.27. Article 1.03A authorizes the Commissioner of Insurance to promulgate and adopt rules and regulations for the conduct and execution of duties and functions by the Department. Article 1.27 recites that the Department may not require an insurer to comply with any rule, regulation, directive, or standard adopted by the National Association of Insurance Commissioners unless it is expressly authorized by and approved by the Commissioner. The adopted rule affects Insurance Code, Article 1.27. 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 May 4, 1995. TRD-9505401 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Effective date: May 25, 1995 Proposal publication date: January 13, 1995 For further information, please call: (512) 463-6327 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter F. Motor Vehicle Sales Tax 34 TAC sec.3.90 The Comptroller of Public Accounts adopts an amendment to sec.3.90, concerning motor vehicles purchased for use outside of Texas, without changes to the proposed text as published in the February 21, 1995, issue of the Texas Register (20 TexReg 1259). The section is being amended to include an exemption certificate as provided by the 73rd Legislature, 1993, and to incorporate a change made by Comptroller's Decision Number 29,965 (1994). The rule adopts the certificate by reference. No comments were received regarding adoption of the amendment. The amendment is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. 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 May 4, 1995. TRD-9505378 Martin E. Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: May 25, 1995 Proposal publication date: February 21, 1995 For further information, please call: (512) 463-4028 Subchapter GG. Insurance Tax 34 TAC sec.3.807 The Comptroller of Public Accounts adopts the repeal of sec.3.807, concerning late payment of premium tax liability during any quarterly prepayment tax period, without changes to the proposed text as published in the January 24, 1995, issue of the Texas Register (20 TexReg 327). The section is being repealed in order that it can be incorporated into new sec.3.826 concerning Tax Return and Prepayment Due Dates and Penalty and Interest for Failing to Report or the Underreporting of Tax. No comments were received regarding adoption of the repeal. The repeal is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. 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 May 4, 1995. TRD-9505377 Martin E. Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: May 25, 1995 Proposal publication date: January 24, 1995 For further information, please call: (512) 463-4028 34 TAC sec.3.808 The Comptroller of Public Accounts adopts the repeal of sec.3.808, concerning underpayment of quarterly premium tax, without changes to the proposed text as published in the January 24, 1995, issue of the Texas Register (20 TexReg 327). The section is being repealed in order that it can be incorporated into new sec.3.826 concerning Tax Return and Prepayment Due Dates and Penalty and Interest for Failing to Report or the Underreporting of Tax. No comments were received regarding adoption of the repeal. This repeal is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. 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 May 4, 1995. TRD-9505376 Martin E. Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: May 25, 1995 Proposal publication date: January 24, 1995 For further information, please call: (512) 463-4028 34 TAC sec.3.826 The Comptroller of Public Accounts adopts new sec.3.826, concerning tax return and prepayment due dates and penalty and interest for failing to report or underreporting of tax due, with changes to the proposed text as published in the January 24, 1995, issue of the Texas Register (20 TexReg 328). The change occurs in subsection (a) and corrects a typographical error in the original text. The proposal specifies the due dates for the tax returns and premium tax prepayments. It also explains the application of penalty and/or interest for failing to make payment, underpaying, underreporting or failing to file a report. This proposal replaces current sec.3.807 concerning Late Payment of Premium Tax Liability During Any Quarterly Prepayment Tax Period and sec.3.808 concerning Underpayment of Quarterly Premium Tax, which are being repealed simultaneously. No comments were received regarding adoption of the new section. The new section is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. sec.3.826. Tax Return and Prepayment Due Dates and Penalty and Interest for Failing to Report or the Underreporting of Tax. (a) Premium and Maintenance Tax Return due date. The premium tax and maintenance tax return for each taxable year ending the preceding December 31st shall be filed and the total amount of tax due shall be paid on or before the 1st day of March of each year or if a company is required to file an annual statement after March 1, the premium tax and maintenance tax report is required to be filed at that time. (b) Premium tax prepayments. (1) Prepayments due on or after March 1, 1994. A semiannual prepayment of premium tax must be made on March 1, or at the same time that the annual statement is required to be filed, and August 1 by all insurers with a net tax liability for the previous calendar year in excess of $1,000. The prepayment shall equal the lesser of one-half of the total premium tax paid for the previous calendar year, or one-half of the current year's tax liability. If no premium tax was paid during the previous calendar year, the prepayment will be based on the tax which would be owed on the aggregate of premium receipts for the two preceding calendar quarters based on the minimum tax rate specified by law. If the premium tax liability for the previous year was between $.01 and $1,000, no prepayment is due. (2) The amount due is the lesser of the total annual premium tax liability from the previous year, or the actual tax liability for the current year multiplied by 50%. (c) Penalty and interest. Any taxes due prior to September 1, 1993, including prepayments, are subject to the Insurance Code in effect at that time. Therefore, any assessments issued by the comptroller for additional taxes which were originally due prior to September 1, 1993, fall under the penalty and interest provisions contained within the Insurance Code, Article 4.13 and Article 4.14, in effect through August 31, 1993. Refer to paragraph (1) of this subsection. The comptroller does not have the authority to waive penalty or interest on assessments made for periods prior to September 1, 1993. (1) Prepayments and tax returns due prior to September 1, 1993. (A) Late payment. (i) Penalty. A penalty equal to 5.0% of the amount of taxes due shall be assessed for each month or portion of a month for which such payment is late. The penalty shall not exceed 20%. (ii) Interest. Interest shall accrue at an annual rate of 9.0% from the due date until the date paid. (B) Underpayment. (i) Penalty. Insurance carriers failing to satisfy the provisions of subsection (a) or (b) (1) of this section will be assessed penalty, as prescribed in subparagraph (A) (i) of this paragraph, on the difference between the amount of quarterly prepayment tax liability actually paid and the amount due. (ii) Interest. Insurance carriers failing to satisfy the provisions of subsection (a) or (b)(1) of this section will be assessed interest, as prescribed in subparagraph (A)(ii) of this paragraph, on the difference between the amount of quarterly prepayment tax liability actually paid and the amount due. (2) Prepayments and tax returns due on or after September 1, 1993. (A) Late payment. (i) A penalty of 5.0% will be assessed on all payments which are received 1-30 days after the due date. An additional 5.0% penalty will be assessed on tax payments received more than 30 days after the due date. (ii) Interest will be assessed on payments received more than 60 days after the due date at the rate of 12% per annum. Interest will begin to accrue on the 61st day from the due date and continue through date of the tax payment. The interest will be in addition to the 10% penalty assessed in clause (i) of this subparagraph. (B) Underpayment. (i) Penalty. Insurance carriers failing to satisfy the provisions of subsection (a) or (b)(2) of this section will be assessed penalty, as prescribed in subparagraph (A)(i) of this paragraph, on the difference between the amount of semiannual prepayment tax liability actually paid and the amount due. (ii) Interest. Insurance carriers failing to satisfy the provisions of subsection (a) or (b)(2) of this section will be assessed interest, as prescribed in subparagraph (A)(ii) of this paragraph, on the difference between the amount of semiannual prepayment tax liability actually paid and the amount due. 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 May 4, 1995. TRD-9505375 Martin E. Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: May 25, 1995 Proposal publication date: January 24, 1995 For further information, please call: (512) 463-4028 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 90. Intermediate Care Facilities Serving Persons with Mental Retardation or a Related Condition Subchapter C. Standards for Licensure 40 TAC sec.90.42 The Texas Department of Human Services (DHS) adopts an amendment to sec.90. 42, with changes to the proposed text as published in the March 17, 1995, issue of the Texas Register (20 TexReg 1875). The justification for the amendment is to ensure the safety of all individuals who participate in facility-sponsored events. The amendment defines water activities, specifies the number of staff with pertinent training required to be on duty to meet safety requirements, and specifies the content of the individual program plan as it relates to needs and precautions utilized to meet needs. The amendment will function by increasing the safety of individuals who participate in facility-sponsored water events. During the public comment period, DHS received comments from New Avenues of Hope. During the initial development of the proposal, DHS received comments from Rock House, Volunteers of America, R and K Specialized Homes, and a parent. A summary of all the comments received and DHS's responses follow: Comment: One commenter requested a definition for "facility-sponsored event. " Response: It is not appropriate for DHS to define "facility-sponsored event. " Comment: One commenter recommended that language be added to reflect that the interdisciplinary team (IDT) determine the sufficient number of staff present at the activity and reflect that information in the individual program plan (IPP). Response: It is the facility's responsibility to determine the sufficient number of staff needed for any event. Federal regulations require that the IDT develop the IPP, which reflects the needs of the individual. No change has been made to that language. Comment: Two commenters recommended that staffing ratios remain in the section. Response: The section as written allows facilities to determine the needs of and be responsible for the individuals who participate in the ICF/MR program. No change has been made to that language. Comment: One commenter recommended that U.S. Coast Guard-approved flotation devices be required for facility-sponsored events that utilize an unlicensed boat. Response: The section was revised to allow facilities to determine the needs of and be responsible for all individuals participating in a facility-sponsored event. It is the facility's responsibility to ensure that needs are met and reflected by the IDT in the IPP. No change has been made to the language as a result of the comment. DHS is adopting subparagraph (B) with a minor correction. DHS is adding the term "staff," which was inadvertently omitted. The amendment is adopted under the Health and Safety Code, Chapter 242, which provides the department with the authority to license intermediate care facilities serving persons with mental retardation or a related condition; under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer its programs; and under Texas Civil Statutes, Article 4413 (502), which transferred all functions, programs, and activities related to long-term care licensing, certification, and surveys from the Texas Department of Health to the Texas Department of Human Services. 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. sec.90.42. Standards for Facilities Serving Persons with Mental Retardation or Related Conditions. (a)-(d) (No change.) (e) Additional requirements. (1)-(7) (No change.) (8) In the area of water activities, the facility must assure the safety of all individuals who participate in facility-sponsored events. For the purpose of this section, a water activity is defined as an activity which occurs in or on water that is knee deep or deeper on the majority of individuals participating in the event. To assure the safety of all individuals who participate, the requirements in subparagraphs (A)-(F) apply. (A) The facility must develop a policy statement regarding the water sites utilized by the facility. Water sites include, but are not limited to, lakes, amusement parks, and pools. (B) A minimum of one staff person with demonstrated proficiency in cardiopulmonary resuscitation (CPR) must be on duty and at the site when individuals are involved in water activities. (C) A minimum of one person with demonstrated proficiency in water life saving skills must be on duty and at the site when activities take place in or on water that is deep enough to require swimming for life saving retrieval. This person must maintain supervision of the activity for its duration. (D) A sufficient number of staff or a combination of staff and volunteers must be available to meet the safety requirements of the group and/or specific individuals. (E) Each individual's program plan must address each person's needs for safety when participating in water activities including, but not necessarily limited to, medical conditions; physical disabilities and/or behavioral needs which could pose a threat to safety; the ability to follow directions and instructions pertaining to water safety; the ability to swim independently; and, when called for, special precautions. (F) If the interdisciplinary team recommends the use of a flotation device as a precaution for any individual to engage in water activities, it must be identified and precautions outlined in the individual program plan. The device must be approved by the United States Coast Guard or be a specialized therapy flotation device utilized in the individual's therapy 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 May 5, 1995. TRD-9505516 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 TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 9. Contract Management Subchapter B. Highway Improvement Contracts 43 TAC sec.sec.9.11, 9.13, 9.16, 9.18 The Texas Department of Transportation adopts amendments to sec.sec.9.11, 9. 13, 9.16, and 9.18, concerning highway improvement contracts, without changes to the proposed text as published in the March 3, 1995, issue of the Texas Register (20 TexReg 1479). Texas Civil Statutes, Article 6674i, require the commission to prescribe rules on all bidders on bids for contracts awarded for the improvement of the state highway system. These amended sections prescribe the definition of terms, the policies and procedures governing, bidding, award, and execution of a contract entered under Texas Civil Statutes, Article 6674a, et seq. On March 17, 1995, the department conducted a public hearing on the proposed adoption of amendments to sec.sec.9.11, 9.13, 9.16, and 9.18 and no oral or written comments were received. The amendments are adopted under Texas Civil Statutes, Articles 6666, which provide the Texas Transportation Commission with the authority to promulgate rules for the conduct of the work of the Texas Department of Transportation; and Texas Civil Statutes, Article 6674a, et seq, which authorize the department to construct and maintain the state highway system; and Article 6674i, which require the commission to prescribe rules on all bidders on bids received for contracts awarded for the improvement of the state highway 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 May 4, 1995. TRD-9505431 Robert E. Shaddock General Counsel Texas Department of Transportation Effective date: May 25, 1995 Proposal publication date: March 3, 1995 For further information, please call: (512) 463-8630 Chapter 30. Aviation Subchapter A. Practice and Procedure 43 TAC sec.sec.30.1-30.53 The Texas Department of Transportation adopts the repeal of sec.sec.30.1-30. 53, concerning the practices and procedures of the Texas Department of Aviation, without changes to the proposed text as published in the December 23, 1994, issue of the Texas Register (19 TexReg 10208). The sections are no longer necessary due to the provision of House Bill 9, 72nd Legislature, 1st Called Session which created the Texas Department of Transportation by merging the Texas Department of Aviation with the State Department of Highways and Public Transportation. On January 12, 1995, the department conducted a public hearing on the proposed repeal of sec.sec.30.1-30.53 and no oral or written comments were received. The repeal is adopted under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation. 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 May 3, 1995. TRD-9505359 Robert E. Shaddock General Counsel Texas Department of Transportation Effective date: May 24, 1995 Proposal publication date: December 23, 1994 For further information, please call: (512) 463-8630 Subchapter B. Air Carriers 43 TAC sec.30.102 The Texas Department of Transportation adopts an amendment to sec.30.102, concerning Certificated Air Carriers, without changes to the proposed text as published in the December 23, 1994, issue of the Texas Register (19 TexReg 10209). Texas Civil Statutes, Article 46c-6, Subdivision 3, provide for an air carrier program. House Bill 9, 72nd Legislature, 1st Called Session created the Texas Department of Transportation by merging the Texas Department of Aviation with the State Department of Highways and Public Transportation. It is necessary to adopt an amendment to sec.30.102 to revise references to the Texas Aeronautics Commission to the Texas Department of Transportation. On January 12, 1995, the department conducted a public hearing on the proposed amendment to sec.30.102 and no oral or written comments were received. The amendment is adopted under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically Texas Civil Statutes, Article 46c-6, which provide for an air carrier 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 authority. Issued in Austin, Texas, on May 3, 1995. TRD-9505360 Robert E. Shaddock General Counsel Texas Department of Transportation Effective date: May 24, 1995 Proposal publication date: December 23, 1994 For further information, please call: (512) 463-8630 Subchapter C. Aviation Facilities Development and Financial Assistance Rules 43 TAC sec.sec.30.201-30.220 The Texas Department of Transportation adopts amendments to sec.sec.30.201-30. 220, concerning aviation facilities development and financial assistance rules, without changes to the proposed text as published in the December 23, 1994, issue of the Texas Register (19 TexReg 10210). Texas Civil Statutes, Article 46c-6, Subdivision 10, provide for an aviation facilities development and financial assistance program. House Bill 94, 71st Legislature, 1st Called Session, added Texas Civil Statutes, Article 46c-8A, which designate the department as agent for the state and each political subdivision for the purpose of applying for, receiving, and disbursing federal funds for the general aviation non-reliever airports of the state. House Bill 9, 72nd Legislature, 1st Called Session created the Texas Department of Transportation by merging the Texas Department of Aviation with the State Department of Highways and Public Transportation. On March 30, 1993, the department became one of seven states nationwide to participate in the state block grant pilot program. It is necessary to adopt amendments to sec.sec.30.201-30.220 to comply with House Bill 9, House Bill 94, Texas Civil Statutes, Article 46c-8A, and the federal requirements of the state block grant pilot program. Section 30.302, provides for additional definitions of terms and better clarification of existing definitions. Section 30.206 provides additional information for the calculation for the amount and composition of a local sponsor's financial contribution to the airport development project. Section 30.209 provides additional information for the commission approval of the capital improvement program and financial assistance. Section 30.210 provides clarified and additional information as to the content of agreements. Section 30.211 authorizes the executive director to increase grants by $100, 000 or 25%, whichever is greater, to provide greater internal flexibility to meet unforeseen costs for an airport development project. On January 12, 1995, the department conducted a public hearing on the proposed amendments to sec.sec.30.201-30.220 and no oral or written comments were received. The new amendments are adopted under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically Texas Civil Statutes, Article 46c-6, which provide for an Airport Development 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 authority. Issued in Austin, Texas, on May 3, 1995. TRD-9505361 Robert E. Shaddock General Counsel Texas Department of Transportation Effective date: May 24, 1995 Proposal publication date: December 23, 1994 For further information, please call: (512) 463-8630 Subchapter D. Obstruction to Air Navigation Rules 43 TAC sec.sec.30.301-30.306, 30.308 The Texas Department of Transportation adopts amendments to sec.sec.30.301-30. 306 and sec.30.308, concerning obstruction to air navigation rules, without changes to the proposed text as published in the December 23, 1994, issue of the Texas Register (19 TexReg 10215). Texas Civil Statutes, Articles 46i-1 et seq provide for an obstruction to air navigation program. House Bill 9, 72nd Legislature, 1st Called Session created the Texas Department of Transportation by merging the Texas Department of Aviation with the State Department of Highways and Public Transportation. It is necessary to adopt amendments to sec.sec.30.301-30.306 and sec.30.308 to revise references to the Texas Aeronautics Commission to the Texas Department of Transportation. On January 12, 1995, the department conducted a public hearing on the proposed amendments to sec.sec.30.301-30.306 and sec.30.308 and no oral or written comments were received. The amendments are adopted under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically Texas Civil Statutes, Article 46i-1 et seq, which provide for an obstruction to air navigation 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 authority. Issued in Austin, Texas, on May 3, 1995. TRD-9505362 Robert E. Shaddock General Counsel Texas Department of Transportation Effective date: May 24, 1995 Proposal publication date: December 23, 1994 For further information, please call: (512) 463-8630