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 I. Office of the Governor Chapter 4. Automobile Theft Prevention Authority 1 TAC sec.4.47 The Office of the Governor, Automobile Theft Prevention Authority adopts an amendment to sec.4.47, without changes to the proposed text as published in the December 23, 1994, issue of the Texas Register (19 TexReg 10157). The amendment is necessary to provide insurers with an updated form and instructions. Timely and accurate payment of the assessment is necessary for funding the operations of the authority. The amendment adopts by reference a form and instructions which facilitate compliance with statutory requirements for reporting and payment of the assessment. The annual assessment is required by statute to be paid on or before February 1, 1995. For the purposes of the 1994 calendar year assessment, the Automobile Theft Prevention Authority may notify the Texas State Board of Insurance of any insurer that fails to pay the fee by April 1, 1995. Persons desiring copies of the form and instructions can obtain copies from the Texas Comptroller of Public Accounts, Tax Administration, 111 West Sixth Street, Austin, Texas 78701. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4413(37), sec.10, which requires each motor vehicle insurer to pay the annual assessment and sec.6(a), which authorizes the Automobile Theft Prevention Authority to adopt rules to implement its powers and duties. 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 June 13, 1995. TRD-9507166 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: July 4, 1995 Proposal publication date: December 24, 1994 For further information, please call: (512) 463-1788 TITLE 16. ECONOMIC REGULATION Part II. Public Utility Commission of Texas Chapter 23. Substantive Rules Certification 16 TAC sec.23.33 The Public Utility Commission of Texas adopts an amendment to sec.23.33, concerning telephone solicitation, with changes to the proposed text as published in the April 4, 1995, issue of the Texas Register (20 TexReg 2503). The section requires local exchange carriers to publish information regarding certain provisions of Texas law that address telephone solicitation. The amendment is intended to provide maximum exposure for information pertaining to a customer's rights regarding telephone solicitation. Additionally, the amendment clarifies the distinction between customer's rights with respect to telephone solicitation and those pertaining to customer proprietary network information (CPNI). The amendment states that a local exchange carrier shall provide the notice prescribed by subsection (c) of the rule by publication in the consumer information pages of the phone directory and by inserting the notice annually in a billing statement to a customer. The amendment further specifies that the notice required by this subsection must be published in conjunction with the CPNI notice required by sec.23.57 of this title (relating to Telecommunications Privacy). The amendment to sec.23.33 also requires that the notice contain a general statement informing the customer that he may have other rights under federal law. The commission received comments on the proposed amendments from Southwestern Bell Telephone Company (SWBT); the Office of Public Utility Counsel (OPC); and GTE Southwest Incorporated and Contel of Texas, Inc. (GTE-Contel). SWBT did not oppose the amendments, but requested that if the Commission adopts the changes, that it do so soon in time for the company to meet deadlines for directory publications. SWBT also suggested that in the proposed sentence, "[p]lease contact the Federal Trade Commission and the Federal Communications Commission for further information," the word "and" be changed to "or" in order to avoid customer confusion. SWBT stated that while each of the referenced federal agencies may have jurisdiction in telephone solicitation matters, each agency's jurisdiction is distinct. SWBT was concerned that it may be misleading and confusing to imply that the customer needs to call both agencies to seek assistance. The Commission agrees with SWBT's suggestion and makes the recommended change to the text. OPC commented in support of the proposal and made no recommendations. GTE-Contel's comments focused largely on cost and stated that there is no justification for amendments aimed at providing information to customers because the preamble to the proposed text did not indicate that there is an existing information shortfall. GTE-Contel further stated that the statement in the preamble, "[t]here is no economic cost to persons who are required to comply with the section as proposed" is false in that costs will be incurred due to the notification requirements which, as proposed, require publication as both a bill insert and a directory page instead of one or the other. The Commission disagrees with GTE-Contel's assertion that there is no justification for the amendment. The Public Utility Regulatory Act of 1995, Senate Bill 319, sec.3.410, 74th Legislature, Regular Session 1995 states that the commission by rule shall require that a local exchange company or telephone cooperative inform its customers of their rights regarding telephone solicitation. As stated previously, this amendment is intended to provide maximum exposure for such information pertaining to a customer's rights, therefore the Commission disagrees with GTE-Contel's assertion that there is no justification for the rule. Regarding GTE-Contel's specific comments pertaining to the cost of providing both a bill insert and directory publication, the commission finds that the public benefit outweighs the additional cost that GTE- Contel outlined in their comments. GTE-Contel also stated that the language requiring the telephone solicitation rights to be printed with the CPNI notice required by sec.23.57(e) as a single billing insert was inconsistent with respect to the specific mailing requirements set out in each rule. The proposed text specified that the insert required by sec.23.33 would be sent to each customer whereas the CPNI notice required by sec.23.57(e) is to be sent only to residential customers. GTE-Contel stated that if the telephone solicitation notice is to be mailed to all customers, then the costs associated with the CPNI notice will increase as well. The Commission agrees that the proposed text which sets out the mailing requirements of the notice in the amendment is inconsistent with the notice requirements in sec.23.57(e). The text of the amendment has been clarified to state that the telephone solicitation notice shall be provided to all customers, but for residential customers it shall be mailed with the CPNI notice required by sec.23.57(e) as a single insert. Finally, GTE-Contel commented that it was unclear whether both the telephone solicitation notice required by this rule and the CPNI notice required by sec.23.57(e) could be accommodated on a single directory page. The Commission clarifies the text of the amendment to state that the notice should appear on the same page or on a page adjacent to where the CPNI notice required by sec.23.57(e) appears. The amendment is adopted under Public Utility Regulatory Act of 1995, Senate Bill 319, sec.1.101(b), 74th Legislature, Regular Session 1995 (PURA), which provides the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction and Public Utility Regulatory Act of 1995, Senate Bill 319, sec.3. 410, 74th Legislature, Regular Session 1995, which provides the Commission with additional specific authority with respect to telephone solicitation. Cross Index to Statutes: Public Utility Regulatory Act of 1995, Senate Bill 319, sec.1.101(b), 74th Legislature, Regular Session 1995 (PURA). The Public Utility Regulatory Act of 1995, Senate Bill 319, sec.3.410, 74th Legislature, Regular Session 1995; Texas Business and Commerce Code Annotated, Chapter 37. sec.23.33. Telephone Solicitation. (a)-(b) (No change.) (c) Responsibility of LECs. Each LEC shall inform its customers of the provisions of the Business and Commerce Code, Chapter 37, and the Public Utility Regulatory Act, sec.119 (Texas Civil Statutes, Article 1446c), by inserting the notice prescribed by this subsection annually in the billing statement mailed to a customer. The notice required by this subsection shall be mailed to each customer as a bill insert. For residential customers, the notice required by this subsection and the CPNI notice required by sec.23.57(e) of this title (relating to Telecommunications Privacy) shall be published as a single insert and mailed to the customer in a billing statement. Each LEC shall also publish the notice required by this subsection in the consumer information pages of its local telephone directory on the same page or on a page adjacent to where the CPNI notice required by sec.23.57(e) of this title appears. The notice shall read as follows: "TELEPHONE SOLICITATION" Texas law provides certain protections for a person who receives a telephone solicitation at a residence. "A telephone solicitor must: * identify himself or herself by name; * identify the business on whose behalf he or she is calling; * identify the purpose of the call; * identify the telephone number at which the person, company, or organization making the call may be reached." A telephone solicitor may not call a residence before 9:00 a.m. or after 9: 00 p.m. on a weekday or Saturday or before noon or after 9:00 p.m. on Sunday. "If a telephone solicitor uses an automatic dialing/announcing device, the machine must disconnect from your line within 30 seconds after termination of the call." "Exceptions: The requirements above do not apply to telephone solicitations made at your request, or solicitations made in connection with an existing debt or contract, or calls from a telephone solicitor with whom you have a prior or existing business relationship." "If you use a credit card to purchase a good or service from a telephone solicitor other than a public charity (an organization exempt from federal income tax under the Internal Revenue Code sec.501(c)(3)), the seller must: * offer a full refund for the return of undamaged and unused goods within seven days after you receive the goods or service (the seller must process the refund within 30 days after you return the merchandise or cancel your order for undelivered goods or services); or * provide you with a written contract fully describing the goods or services being offered, the total price charged, the name, address, and business phone of the seller, and any terms and conditions affecting the sale. " "Complaints. The Texas Attorney General investigates complaints relating to a violation of this law, which is found at the Business and Commerce Code Chapter 37. If you have a complaint about a telephone solicitor whom you believe has violated this law, contact: Consumer Protections Division, Office of the Attorney General of Texas, P.O. Box 12548, Austin, Texas 78711, (512) 463-2070." "Another law, found at Texas Civil Statutes Article 1446c, sec.119 and sec.120, requires a telephone solicitor to make every effort not to call a consumer who asks not to be called again. Complaints relating to a violation of this law are investigated by the Public Utility Commission of Texas. If you have a complaint about repeated solicitation from a telephone solicitor you have asked not to call you again, contact: Office of Consumer Affairs, Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Suite 276, Austin, Texas 78757, (512) 458- 0223 or, (512) 458-0221 teletypewriter for the deaf." "Be advised that you may have additional rights under federal law. Please contact the Federal Trade Commission or the Federal Communications Commission for further information on these additional rights." (d) (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 June 13, 1995. TRD-9507191 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Effective date: July 4, 1995 Proposal publication date: April 4, 1995 For further information, please call: (512) 458-0100 TITLE 22. EXAMINING BOARDS Part XIV. Texas Optometry Board Chapter 279. Interpretations 22 TAC sec.279.15 The Texas Optometry Board adopts new sec.279.15, with changes to the proposed text as published in the February 3, 1995, issue of the Texas Register (20 TexReg 615). The section is required in order to define infectious or contagious diseases in the practice of optometry in compliance with House Bill 1479, 73rd Legislature. One comment was received, which concerned the practice of optometry by a licensee with a common cold, which, as defined by the rule based on information provided by the Texas Department of Health, would be considered a contagious disease. In compliance with the comment received, the Board recommended a change to the rule as published, which would further define the practice of optometry by a licensee who knowingly had an infectious or contagious disease based upon a medical diagnosis. The new section is adopted under the provisions of Texas Civil Statutes, Article 4552, sec.2.14, which provide the Texas Optometry Board with the authority to promulgate procedural and substantive rules. sec.279.15. Board Interpretation Number Fifteen. The Texas Optometry Act, sec.5.08(a), requires that no licensed optometrist or therapeutic optometrist practice optometry or therapeutic optometry while knowingly suffering from a contagious or infectious disease, if the disease is one that could reasonably be transmitted in the normal performance of optometry or therapeutic optometry. For purposes of interpretation, a "contagious or infectious disease" is defined as a "disease capable of being transmitted from one person to another by contact or close proximity." Infectious agents transmitted from one person to another by contact or close proximity would include bacteria and viruses. A licensee shall be deemed practicing while knowingly suffering from an infectious or contagious disease when a medical diagnosis of that disease has been made. (1) Infectious agents which may be transmitted by direct contact or by respiratory route include: chickenpox, common cold, infectious mononucleosis, influenza, mycoplasma pneumonia, measles, meningococcal disease, mumps, pertussis, rubella and tuberculosis. (2) Diseases that could be transmitted by direct contact include: chlamydia trachomatous infections, herpes simplex viruses, staphylococcal infections, streptococcal infections, and bacterial and viral conjunctivitis. 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 June 13, 1995. TRD-9507222 Lois Ewald Executive Director Texas Optometry Board Effective date: July 5, 1995 Proposal publication date: February 3, 1995 For further information, please call: (512) 835-1938 Chapter 280. Therapeutic Optometry 22 TAC sec.280.4 The Texas Optometry Board adopts an amendment to sec.280.4, without changes to the proposed text as published in the May 5, 1995, issue of the Texas Register (20 TexReg 3294). The section is required in order to establish a technical advisory committee to recommend therapeutic pharmaceutical agents for use by therapeutic optometrists. Initially, it was felt that the committee would need to meet at least on an annual basis in order to update the list; however, after several years following implementation, a procedural change is recommended whereby rather than meeting on a required annual basis, the committee meet when it has a need to meet. No comments were received regarding adoption of the amendment. The amendment is adopted under the provisions of Texas Civil Statutes, Article 4552, sec.2.14, which provide the Texas Optometry Board with the authority to promulgate procedural and substantive rules. 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 June 13, 1995. TRD-9507221 Lois Ewald Executive Director Texas Optometry Board Effective date: July 5, 1995 Proposal publication date: May 5, 1995 For further information, please call: (512) 835-1938 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part XI. Texas Juvenile Probation Commission Chapter 341. Texas Juvenile Probation Standards 37 TAC sec.sec.341.1-341.9, 341.11, 341.13, 341.15, 341.17, 341. 19 The Texas Juvenile Probation Commission adopts the repeal of sec.sec.341. 1- 341.9, 341.11, 341.13, 341.15, 341.17, and 341.19, concerning juvenile probation and detention standards for juvenile probation departments, without changes to the proposed text as published in the March 3, 1995, issue of the Texas Register (20 TexReg 1513). These rules are being repealed to provide minimum standards for juvenile detention boards that are necessary to provide adequate and effective probation services. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Human Resources Code, sec.141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards that are necessary to provide adequate and effective probation 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 June 7, 1995. TRD-9507120 Vicki Wright Interim Executive Director Texas Juvenile Probation Commission Effective date: July 3, 1995 Proposal publication date: March 3, 1995 For further information, please call: (512) 443-2001 37 TAC sec.sec.341.1-341.12 The Texas Juvenile Probation Commission adopts new sec. sec.341.1-341.12, concerning standards for juvenile probation boards and departments, without changes to the proposed text as published in the March 3, 1995, issue of the Texas Register (20 TexReg 1513). The new sections are being adopted to provide minimum standards for juvenile boards that are necessary to provide adequate and effective probation services. These sections will provide the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards that are necessary to provide adequate and effective probation services. Comments were received from Elly Del Prado Dietz, Assistant Attorney General, Crime Victim's Compensation Division, requesting that sec.341.3(c) be amended to apprise victims of juvenile crime of court procedures, programs, and the conditions of probation. David Wigley, Crosby County Chief Juvenile Probation Officer, supported sec.341.4(d) Juvenile Probation Departments Personnel/Salaries, designation as a mandatory standard instead of recommended. Teresa V. Ramirez, Harris County Chief Juvenile Probation Officer, recommended semantical wording changes for 341.1(a)(1)(D) and 341.1(a)(2)(B). Ms. Ramirez also recommended that sec.341.2(1) limit the Commission's access to local department's records. Comments were received from the Texas Attorney General's Office, Crosby County Juvenile Probation Department and the Harris County Juvenile Probation Department. All comments supported the Juvenile Probation Standards. The Texas Juvenile Probation Commission neither agrees or disagrees with the comments received. The new sections are adopted under Texas Human Resources Code, sec.141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards that are necessary to provide adequate and effective probation 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 May 25, 1995. TRD-9507121 Vicki L. Wright Interim Executive Director Texas Juvenile Probation Commission Effective date: July 3, 1995 Proposal publication date: March 3, 1995 For further information, please call: (512) 443-2001 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part II. Texas Rehabilitation Commission Chapter 111. Medicaid Waiver Program for People with Deaf-Blindness and Multiple Disabilities 40 TAC sec.111.14 The Texas Rehabilitation Commission (TRC) adopts new sec.111.14, concerning Reimbursement Methodology for Community-based Services provided to People who are Deaf-blind with Multiple Disabilities, without changes to the proposed text as published in the April 7, 1995, issue of the Texas Register (20 TexReg 2612). The justification for the adopted new rule is that the new section will include a medicaid waiver program. Proposed Title for Chapter 111 was published with the word "Multiples" and it should read "Multiple". No comments were received regarding adoption of the new rule. The new rule is adopted under Texas Human Resources Code, Title 7, sec.111. 018, which provides the Texas Rehabilitation Commission with the authority to make regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, investigation, and determination for rehabilitation and other services, procedures for hearings, and other regulations subject to this section as necessary to carry out the purpose of this chapter. The new rule implements Title 7, Chapter 113, of the Vernon's Texas Code Annotated, sec.113.001. 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 June, 12, 1995. TRD-9507229 Charles W. Schiesser General Counsel, Office of the General Counsel Texas Rehabilitation Commission Effective date: July 5, 1995 Proposal publication date: April 7, 1995 For further information, please call: (512) 483-4051