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 XII. Advisory Commission on State Emergency Communications Chapter 252. Administration 1 TAC sec.252.3 The Advisory Commission on State Emergency Communications (ACSEC) adopts an amendment to sec.252.3, concerning 9-1-1 administrative budget document for councils of governments, with changes to proposed text as published in the March 31, 1995, issue of the Texas Register (20 TexReg 2375). The ACSEC recognizes the importance of administrative budgets to councils of governments to adequately administer the 9-1-1 Program activities in their regions, and is seen as part of the over-all component of the 9-1-1 regional plan process. ACSEC shall review and approve budget requests that justify monies requested. The Commission will be guided by budget information requested to evaluate Councils of Governments' application for funds to adequately administer the 9-1- 1 systems in their regions, based on fiscal year budget period to coincide with state budget year. The section will establish the submission and review process of proposed administrative budgets as identified by the Councils of Governments. The section will allow for evaluation and review of budgetary needs to conduct 9-1-1 initiatives. No comments were received regarding adoption of the amendment. The amendment is adopted under the Health and Safety Code, Chapter 771, sec.771.056 and sec.771.057, which authorizes the ACSEC with the authority to provide financial assistance as appropriate to operate 9-1-1 activities in the regions according to their regional plans. sec.252.3. 9-1-1 Administrative Budget Document for Councils of Governments. (a) The Advisory Commission on State Emergency Communications (ACSEC), through its legislative authority of the Health and Safety Code, Chapter 771, recognizes the importance of the councils of governments' (COGs) administration of the 9-1- 1 regional plans in their jurisdictions. As a component of the ACSEC Strategic Plan and COG regional plan, an administrative budget is necessary to administer the provisions of this Act. (b) The budget cycle for COG Administrative Budget approvals will be for a fiscal year period of September 1 through August 31. (c) The ACSEC reserves the right to request additional budget documentation from a Council of Governments. (d) The administrative budget document is adopted by reference, and can be obtained from the Advisory Commission on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942, (512) 305-6911. 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 July 17, 1995. TRD-9508880 Mary A. Boyd Executive Director Advisory Commission on State Emergency Communications Effective date: August 7, 1995 Proposal publication date: March 31, 1995 For further information, please call: (512) 305-6911 TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 5. Quarantines Imported Fire Ant Quarantine 4 TAC sec.5.400 The Texas Department of Agriculture (the department) adopts an amendment to sec.5.400, concerning quarantined areas without changes to the proposed text as published in the May 5, 1995, issue of the Texas Register (20 TexReg 3289). The amendment is adopted in order to stop the artificial movement of Red Imported Fire Ants out of currently infested areas of the state. Surveys conducted by the department indicate Red Imported Fire Ant infestations are present in Brooks, Cameron, Delta, Dimmit, Duval, Jack, Kenedy, Kinney, Lamar, Mason, McCulloch, Montague, San Saba, Webb, Young, and Zavala counties. The amendment adds these counties to the list of quarantined areas. The amendment will allow the department to quarantine areas infested with Red Imported Fire Ants in an effort to stop the movement of the pest out of currently infested areas of the state. Both oral and written comments were received. Oral comments were received from representatives of the nursery industry in Cameron County at a public hearing held May 31, 1995 in Harlingen, Texas. Oral comments were against the amendment. Comments generally addressed concern for restrictions on nursery shipments since large numbers of nursery products are transported from Cameron County into Hidalgo County. A written petition was also received from residents of Lamar County. The petition was against the amendment and requested a review of the criteria warranting Lamar County as a quarantined county. A review of imported fire ant survey results confirm that infestations are present in all counties listed in the adoption and that a quarantine amendment is necessary to protect non-quarantined areas of Texas and other states from infestation. The department will continue to allow the movement of quarantined articles which meet department regulation requirements. The amendment is adopted under the Texas Agriculture Code, sec.71.002, which provides the Texas Department of Agriculture with the authority to establish quarantines against diseases and pests found within the state; and sec.71.007, which authorizes the department to adopt rules necessary for the protection of agricultural and horticultural interests. 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 July 18, 1995. TRD-9508988 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: August 8, 1995 Proposal publication date: May 5, 1995 For further information, please call: (512) 463-7583 Part II. Texas Animal Health Commission Chapter 51. Interstate, Shows, and Fairs 4 TAC sec.51.5 The Texas Animal Health Commission adopts an amendment to sec.51.5, concerning Special Requirements for Entry of Brushy-Tailed Possums, without changes to the proposed text as published in the May 5, 1995, issue of the Texas Register (20 TexReg 3293). The amendment is necessary to prevent the introduction of a possible reservoir for tuberculosis into the State. Tuberculosis is endemic in the brushy-trailed possums, and they are a constant source of disease for the domestic livestock population of New Zealand. The effect of this adoption is to protect Texas livestock from tuberculosis disseminated by the brushy-tailed possum. One comment in favor of the regulation was received from Heart-Bar Deer Farms. The Texas Animal Health Commission agrees with this comment that regulation will help protect Texas livestock from bovine tuberculosis. The amendment is adopted under the Texas Agriculture Code, Texas Civil Statutes, Chapter 161, which provides the Commission with the authority to adopt rules and sets forth the duty of this Commission to control disease. The amendment implements the Agriculture Code, sec.161.041 which authorizes the Commission to act to eradicate or control any disease or agent of transmission for any disease that affects livestock, exotic livestock, or domestic animals. 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 July 17, 1995. TRD-9508905 Terry Beals, DVM Executive Director Texas Animal Health Commission Effective date: August 15, 1995 Proposal publication date: May 5, 1995 For further information, please call: (512) 719-0714 Chapter 55. Swine 4 TAC sec.sec.55.5 The Texas Animal Health Commission adopts an amendment sec.55.5, concerning Pseudorabies, regarding testing requirements for continuous flow feedlots, without changes to the proposed text as published in the May 5, 1995, issue of the Texas Register (20 TexReg 3294). The amendment is necessary to define and provide testing requirements for continuous flow feedlots. These requirements are necessary in order for Texas to progress in the federal pseudorabies eradication program. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Agriculture Code, Texas Civil Statutes, Chapters 161 and 165, which provide the Commission with the authority to adopt rules, set forth the duty of this commission to control disease, and authorize the Commission to cooperate with USDA to eradicate swine disease. The amendment implements the Agriculture Code, sec. 165.022 which authorizes the Commission to adopt rules providing for the manner of eradicating swine diseases. 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 July 17, 1995. TRD-9508906 Terry Beals, DVM Executive Director Texas Animal Health Commission Effective date: August 15, 1995 Proposal publication date: May 5, 1995 For further information, please call: (512) 719-0714 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 13. Regulations for Compressed Natural Gas (CNG) Fuel Systems The Railroad Commission of Texas adopts amendments to sec.13.32, relating to hose and hose connections; sec.13.132, relating to system component qualification; and sec.13.135, relating to installation of piping, without changes to the proposed text as published in the May 23, 1995, Texas Register (20 TexReg 3815). The amended rules add specifications and exceptions for the use of hose, metallic hose, and flexible metal hose, and allow supply lines to be supported every 21 to 27 inches, instead of every 24 inches. No comments were received from any groups or associations. One individual commented in favor of the proposed amendments. Subchapter B. General Rules for Compressed Natural Gas (CNG) Equipment Qualifications 16 TAC sec.13.32 The amendment is adopted under the Texas Natural Resources Code, sec.116. 012, which authorizes the commission to adopt rules and standards relating to compressed natural gas work and operations to protect the health, welfare, and safety of the general public. 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 July 13, 1995. TRD-9509022 Mary Ross McDonald Assistant Director, Legal Division, Gas Utilities/LP Gas Railroad Commission of Texas Effective date: August 9, 1995 Proposal publication date: May 23, 1995 For further information, please call: (512) 463-7008 Subchapter E. Engine Fuel Systems 16 TAC sec.13.132, sec.13.135 The amendments are adopted under the Texas Natural Resources Code, sec.116. 012, which authorizes the commission to adopt rules and standards relating to compressed natural gas work and operations to protect the health, welfare, and safety of the general public. 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 July 13, 1995. TRD-9509023 Mary Ross McDonald Assistant Director, Legal Division, Gas Utilities/LP Gas Railroad Commission of Texas Effective date: August 9, 1995 Proposal publication date: May 23, 1995 For further information, please call: (512) 463-7008 TITLE 22. EXAMINING BOARDS Part XVII. Texas State Board of Plumbing Examiners Chapter 361. Administration General Provisions 22 TAC sec.361.6 The Texas State Board of Plumbing Examiners adopts an amendment to sec.361. 6, with changes to the proposed text as published in the June 6, 1995, issue of the Texas Register (20 TexReg 4114). The rule is justified because it is the intent of the 74th Texas Legislature that fees, fines, and other miscellaneous revenues cover, at a minimum, the cost of the appropriations including employee matching costs and any other direct operating costs. The estimated income that would be generated based upon the amendment to the Board's fee structure will satisfy approximately the Legislature's intent. The public benefits anticipated as a result of enforcing the rule will be enhanced public health, safety, and welfare because the Board will have a sufficient income to actually enforce the Plumbing License Law. The amendment concerns fee structures for licensees and will establish the exact amount to be paid by each licensee. No public comments were received regarding adoption of the amendment. However, during the Board meeting held July 10, 1995, the Board members determined through further research conducted by the Board's new Chief Fiscal Officer that the number of fee increases proposed could be reduced to satisfy the Legislatures intent as long as the number of licensees that are currently licensed by the Board remains constant. Subsequently the Board adopted the amendment with changes. The Board's Chief Fiscal Officer will continue to monitor the Board's income to determine if the remainder of the proposed fee increases will be necessary at a later date. The amendment is adopted under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License Law, in particular sec.5 notes this authority. Specifically, sec.13 permits the Board to establish fees. sec.361.6. Fees. (a) The board has established the following fees effective September 1, 1995: (1) Licenses: (A) Master license-$150; (B) Journeyman license-$12; (C) Medical gas installation endorsement (Master)-$50; (D) Medical gas installation endorsement (Journeyman) -$12; (E) Plumbing inspector license-$50; (F) Water supply protection specialist endorsement (Journeyman) -$12; (G) Water supply protection specialist endorsement (Master) -$50; (2) Examinations: (A) Master examination-$75; (B) Journeyman examination-$25; (C) Medical gas installation endorsement (Master)-$75; (D) Medical gas installation endorsement (Journeyman) -$25; (E) Plumbing inspector examination-$50; (F) Water supply protection specialist endorsement (Journeyman) -$25; (G) Water supply protection specialist endorsement (Master) -$75; (3) Renewals: (A) Master license-$150; (B) Journeyman license-$12; (C) Medical gas installation endorsement (Master)-$50; (D) Medical gas installation endorsement (Journeyman) -$12; (E) Plumbing inspector license-$50; (F) Water supply protection specialist endorsement (Journeyman) -$12; (G) Water supply protection specialist endorsement (Master) -$50; (4) Other fees. (A) Late renewal. (i) Master: (I) less than 90 days-$75; (II) more than 90 days-$150. (ii) Medical gas installation endorsement (Master): (I) less than 90 days-one half examination fee -$37.50; (II) more than 90 days-examination fee-$75. (iii) Medical gas installation endorsement (Journeyman): (I) less than 90 days-one half examination fee -$12.50; (II) more than 90 days-examination fee-$25. (iv) Journeyman- (I) less than 90 days-one-half examination fee -$12.50; (II) more than 90 days-examination fee-$25. (v) Water supply protection specialist (Journeyman): (I) less than 90 days-one half examination fee -$12.50; (II) more than 90 days-examination fee-$25. (vi) Water supply protection specialist (Master): (I) less than 90 days-one half examination fee -$37.50; (II) more than 90 days-examination fee-$75. (B) Instructor Certification Training (Per Day)-$100. (C) Duplicate license or new license with change of name -$10. (D) Returned check-$10. (b) Methods of payment. (1) Examination fees shall be paid: (A) at the agency office in the form of cash, cashiers check, or money order, or, only in the case of the inspector's examination, in the form of a city check; or (B) by mail in the form of cashiers check or money order, or, only in the case of the inspector's examination, in the form of a city check. (2) Licensing and endorsement fees shall be paid: (A) at the agency office in the form of cash, cashiers check, personal check (including company check), or money order, or, only in the case of the inspector's license, in the form of a city check; or (B) by mail in the form of cashiers check, personal check (including company check), or money order, or, only in the case of the inspector's license, in the form of a city check. (3) License and endorsement renewal fees shall be paid: (A) at the agency office in the form of cash, cashiers check, personal check (including company check), or money order, or, only in the case of the inspector's license, in the form of a city check; or (B) by mail in the form of cashiers check, personal check (including company check), or money order, or, only in the case of the inspector's license, in the form of a city check. (c) A person shall pay the appropriate fee prior to the time of testing or at the time of testing. For licensing, endorsement, and renewal, the appropriate fee shall be paid prior to issuance of the license, endorsement, or renewal. (d) The board, under any special circumstances it finds appropriate, may: (1) waive any requirements concerning the method or timing of payment of any fee; (2) refund any fee; or (3) waive payment of any fee not required by 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 authority. Issued in Austin, Texas, on July 17, 1995. TRD-9508942 Robert L. Maxwell Chief Field/Investigations Texas State Board of Plumbing Examiners Effective date: August 7, 1995 Proposal publication date: June 6, 1995 For further information, please call: (512) 458-2145 Chapter 363. Examinations 22 TAC sec.363.10 The Texas State Board of Plumbing Examiners adopts an amendment to sec.363. 10, without changes to the proposed text as published in the May 26, 1995, issue of the Texas Register (20 TexReg 3884). The rule is justified because it authorizes the Board to initiate disciplinary action against any prospective licensee or licensee who furnishes false information to the Board regarding qualifications for the Board's examinations, licensing, and/or renewal of licenses. The public benefits anticipated as a result of enforcing the rule will be enhanced public health, safety, and welfare by ensuring individuals examined and/or licensed by the Texas State Board of Plumbing Examiners have provided true, actual, and verifiable information required by the Board for the individual to qualify for such examinations and/or renewals. The amendment concerns disciplinary action which may be initiated by the Board if it discovers that any licensee or potential licensee has falsified documents. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License Law, sec.5, in particular notes this authority. Further, sec.9 provides additional authority for the amendment in that it discourages fraud and provides penalties for violations of the Act. 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 July 17, 1995. TRD-9508941 Robert L. Maxwell Chief Field/Investigations Texas State Board of Plumbing Examiners Effective date: August 7, 1995 Proposal publication date: May 26, 1995 For further information, please call: (512) 458-2145 22 TAC sec.363.11 The Texas State Board of Plumbing Examiners adopts an amendment to sec.363. 11(a)(1), with changes to the proposed text as published in the June 6, 1995, issue of the Texas Register (20 TexReg 4115). The rule is justified because the public benefits anticipated as a result of enforcing the rule will be enhanced public health, safety, and welfare by ensuring medical gas systems have been installed in such a manner as to prevent infection and/or to prevent an unintended cross-connection of breathable and lethal gases because the installers of medical gas piping have undergone quality medical gas training programs. The amendment concerns subsection (a) the course outline, content, and required minimum hours for an approved medical gas training program and subsection (b) an expanded pool of applicants eligible to apply to be approved providers of medical gas training programs. No comments were received regarding adoption of the amendment. However, during the Board meeting held July 10, 1995, the Board noted a typographical error in the rule as it was published in the June 6, 1995, issue of the Texas Register (20 TexReg 4115). The word "be" in the sixth sentence of sec.363.11(a)(1) has been removed, which does not change the effect of the rule. The amendment is adopted under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License Law, in particular sec.5 notes this authority. sec.363.11. Endorsement Training Programs. (a) Medical gas piping installation training programs. (1) Any person wishing to offer a training program in medical gas piping installation to the public must meet criteria as prescribed by the board and included in the National Fire Protection Association (NFPA) 99C Gas and Vacuum Systems Latest Edition. Instructors shall be employed by a program that meets certification requirements of the Central Education Agency or is exempted from the Central Education Agency certification requirements under Chapter 32, Texas Education Code, sec.32.12(a), (Proprietary Schools and Veterans Education). Such persons shall provide to the administrator lesson plans and instructor credentials. Approved providers of medical gas training shall furnish a program consisting of a classroom presentation of course material, a test of the enrollee's comprehension of the matter, a shop demonstration of the proper brazing procedures by the instructor, and the enrollee's final brazing evidence to the instructor of an accepted vertical and horizontal practice coupon. A minimum of 24 hours shall be assigned to the classroom presentation and testing; a minimum of four hours shall be assigned to the brazing demonstrations. The student enrolled in medical gas training will have completed a minimum of eight hours of practice brazing coupons in an equipped shop. These coupons will be presented to the instructor for grading. The aforementioned hours represent the minimum requirements only; additional time may be included in each segment of the program. (2) Training programs in medical gas piping installation shall be reviewed at least annually by the board to ensure that programs have been provided equitably across the state of Texas. (3) Periodically, the board shall review training programs in medical gas piping installation for quality in content and instruction in accordance with the National Fire Protection Association (NFPA) 99C Gas and Vacuum Systems Latest Edition. The board shall also respond to complaints regarding approved programs. (4) Instructors in medical gas piping installation will be required to successfully complete a board approved program. Instructors will be required to pass the board examination as well as successfully complete a board approved program of 160 clock hours which meets the following generic criteria. The board will allow credit for approved courses. (A) 40 hours to provide the instructor with the basic educational techniques and instructional strategies necessary to plan and conduct effective training programs. (B) 40 hours to provide the instructor with the basic techniques and strategies necessary to analyze, select, develop, and organize instructional material for effective training programs. (C) 40 hours to provide the instructor with the basic principles, techniques, theories, and strategies to establish and maintain effective relationships with students, co-workers, and other personnel in the classroom, industry, and community. (D) 40 hours to provide the instructor with the basic principles, techniques, theories, and strategies to communicate effectively with the use of instructional media. (E) To maintain his/her status as an approved instructor of medical gas piping installation training, the instructor shall undergo one of the aforementioned training programs every 12 months such that the entire training (160 hours) is complete within four years. (5) Each approved provider must notify the board 30 days before conducting classes; the notice shall contain the time(s) and place(s) where the classes will occur. (6) Each approved provider will perform self-monitoring and reporting as required by the board. (b) Water supply protection training programs (1) Any person wishing to offer a board approved training program in water supply protection to the public must meet criteria as prescribed by the board. Instructors shall be employed by a program that meets certification requirements of the Central Education Agency or is exempted from the Central Education Agency certification requirements under Chapter 32, sec.32.12(a)(5) Texas Education Code (Proprietary Schools and Veterans Education). Such persons shall provide to the administrator lesson plans and instructor qualifications. The board shall provide a course outline and the required minimum hours. (2) Periodically, the board shall review board approved training programs in water supply protection for quality in content and instruction. The board shall also respond to complaints regarding approved programs. (3) Instructors in water supply protection will be required to pass the board examination in water supply protection and successfully complete a board approved program of 160 clock hours which meets the following generic criteria. The board will allow credit for approved courses. (A) 40 hours to provide the instructor with the basic educational techniques and instructional strategies necessary to plan and conduct effective training programs. (B) 40 hours to provide the instructor with the basic techniques and strategies necessary to analyze, select, develop, and organize instructional material for effective training programs. (C) 40 hours to provide the instructor with the basic principles, techniques, theories, and strategies to establish and maintain effective relationships with students, co-workers, and other personnel in the classroom, industry, and community. (D) 40 hours to provide the instructor with the basic principles, techniques, theories, and strategies to communicate effectively with the use of instructional media. (E) To maintain his/her status as an approved instructor of water supply protection training, the instructor shall undergo one of the aforementioned training programs every twelve months such that the entire training (160 hours) is complete within four years. (4) Each approved provider must notify the board 30 days before conducting classes; the notice shall contain the time(s) and place(s) where the classes will occur. (5) Each approved provider will perform self-monitoring and reporting as required 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 authority. Issued in Austin, Texas, on July 17, 1995. TRD-9508940 Robert L. Maxwell Chief Field/Investigations Texas State Board of Plumbing Examiners Effective date: August 7, 1995 Proposal publication date: June 6, 1995 For further information, please call: (512) 458-2145 Chapter 365. Licensing 22 TAC sec.365.3 The Texas State Board of Plumbing Examiners adopts an amendment to sec.365. 3, without changes to the proposed text as published in the June 6, 1995, issue of the Texas Register (20 TexReg 4115). The rule is justified because the public benefits anticipated as a result of enforcing the rule will be enhanced public health, safety, and welfare by ensuring compliance by the Board and by it's clientele with the Plumbing License Law through the use of the appropriate forms. The amendment concerns the employer's certification form. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License 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 authority. Issued in Austin, Texas, on July 17, 1995. TRD-9508937 Robert L. Maxwell Chief Field/Investigations Texas State Board of Plumbing Examiners Effective date: August 7, 1995 Proposal publication date: June 6, 1995 For further information, please call: (512) 458-2145 22 TAC sec.365.12 The Texas State Board of Plumbing Examiners adopts an amendment to sec.365. 12, without changes to the proposed text as published in the May 26, 1995, issue of the Texas Register (20 TexReg 3884). The rule is justified because the public benefits anticipated as a result of enforcing the rule will be enhanced public health, safety, and welfare by ensuring that individuals issued licenses by the Texas State Board of Plumbing Examiners are fit, competent, and qualified to engage in trades regulated by the Board. This rule is necessary because a plumber's license often provides an avenue into business offices and private homes. Additionally, plumbers sometime accept money in advance for work they are to perform. The public should be and expects to be protected from known criminals who may be a threat to the welfare of the citizens. The amendment concerns the revocation and non-issuance of licenses and non- registration of an individual as a registered apprentice. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License Law, in particular sec.5 notes this authority. Further, Texas Civil Statutes, Article 6252-13c provide direct authority for this rule. 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 July 17, 1995. TRD-9508939 Robert L. Maxwell Chief Field/Investigations Texas State Board of Plumbing Examiners Effective date: August 7, 1995 Proposal publication date: May 26, 1995 For further information, please call: (512) 458-2145 22 TAC sec.365.14 The Texas State Board of Plumbing Examiners adopts an amendment to sec.365. 14(a), without changes to the proposed text as published in the June 6, 1995, issue of the Texas Register (20 TexReg 4116). The rule is justified because the public benefits anticipated as a result of enforcing the rule will be enhanced public health, safety, and welfare by ensuring each person has access to clean water because of plumbing installed and maintained by well trained and competent plumbers who have undergone quality continuing education programs. The plumbers who take continuing education courses will also benefit from having sound education provided by stable groups that the legislature has already recognized. In this amendment the Board corrects an accidental error. The Board only intended to limit the exempted providers to sec.32.12(a), not sec.32.12(a)(5). The amendment concerns approval criteria for providers of continuing education. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License Law, in particular sec.5 notes this authority. Further, sec.12B provides authority for the Board to adopt rules concerning continuing education. 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 July 17, 1995. TRD-9508938 Robert L. Maxwell Chief Field/Investigations Texas State Board of Plumbing Examiners Effective date: August 7, 1995 Proposal publication date: June 6, 1995 For further information, please call: (512) 458-2145 TITLE 30. ENVIRONMENTAL QUALITY Part I. Texas Natural Resource Conservation Commission Chapter 101. General Rules 30 TAC sec.101.24, sec.101.27 The Texas Natural Resource Conservation Commission (TNRCC or commission) adopts amendments to sec.101.24 and sec.101.27, concerning the collection of inspection and emissions fees from stationary sources. The sections are adopted with changes to the proposed text as published in the May 30, 1995, issue of the Texas Register (20 TexReg 3951). The adopted changes to sec.101.24 update the reference from the Texas Air Control Board (TACB) to the TNRCC and make other editorial improvements to the section. In addition, the existing Inspection Fee Schedule, dated August 30, 1991, is being incorporated into the rule language to satisfy new Texas Register requirements to include enforceable rule provisions within the rule language. This is an administrative change only with no changes to the fee rates. The adopted changes to sec.101.27 update the reference from the TACB to the TNRCC, make several editorial improvements to the section, and set the fee for Fiscal Year 1995 at $26 per ton of emissions for future fiscal years. This rate is the same rate per ton as Fiscal Year 1995 (FY95). A public hearing was held June 8, 1995, in Austin. The comment period originally scheduled to close on June 8, 1995, was extended at the request of several commenters. The comment period was extended to June 21, 1995. One representative from Texas Utilities presented oral testimony during the public hearing. Additionally, the TNRCC received 16 written comments on the proposal from the following: ARCO Chemical Company (ACC), the Association of Texas Intrastate Natural Gas Pipelines (Intrastate), DuPont Gulf Coast Regional Manufacturing Services (DuPont), El Paso Electric Company (EPEC), Entergy Services for Gulf States Utilities Company (Entergy), Exxon Company, U.S.A. (Baytown Refinery) (Exxon), Houston Lighting and Power (HL&P), the Natural Gas Pipeline Company of America (Natural), Panhandle Eastern Corporation (PEC), Southwestern Public Service Company (SPS), Tenneco Gas (Tenneco), Texaco Exploration and Production, Incorporated (Texaco), the Texas Chemical Council (TCC), and Texas Utilities Services, Incorporated (TU). Intrastate, Tenneco, and TU each requested a 30-day extension of the comment period for this rulemaking and Entergy, Exxon, and HL&P stated that the comment period given for the rulemaking was unnecessarily short. Exxon expressed concern for the comment periods of future rulemakings. The TNRCC complied with federal and state requirements regarding public notice for rulemaking by giving 30-day notice in four statewide newspapers stating the public hearing location and date, the length of the comment period, and the availability of copies of the proposed rules. However, the staff recognizes that because of scheduling limitations associated with this rulemaking, the proposal was published in the Texas Register later than is customary for air-related rules. Therefore, the comment period was extended by two weeks to give the commenters additional time to review and respond to the proposal. In all future TNRCC rulemakings, comments will be accepted for 30 days after the proposals are printed in the Texas Register . Intrastate, DuPont, EPEC, Entergy, Exxon, HL&P, PEC, SPS, Texaco, TCC, and TU saw the fee increase as unnecessary and requested that the increase be withdrawn from the rule change. The fee will not be increased at this time; therefore, the fees will stay at the same rate as FY95. PEC requested that the proposal be republished and the regulated community be allowed to participate in the regulatory process. Because these rules must have an effective date of September 1, 1995, and the time constraints involved in withdrawing and re-proposing the rules did not allow for any additional processing time, the staff determined that republishing was not an option. ARCO, Intrastate, DuPont, EPEC, Entergy, HL&P, Natural, PEC, SPS, Tenneco, Texaco, TCC, and TU addressed the added language in sec.101.27(c)(2)(A), "All measurements, monitored values, or testing must have been performed during the basis year as defined in subsection (c)(1) of this section" expressing concerns that the agency was making the rule more stringent. This language has been added as a clarification only and does not change the way the agency staff has implemented the rule since its adoption. ARCO stated support for the continued inclusion of the 4,000 ton maximum in sec.101.27(c)(1). The published proposal did not propose to change or delete the 4,000 ton maximum and at this time there are no plans by the agency to change that language. EPEC understood that the sentences in sec.101.27(c)(2)(A) allowing the executive director to institute proceedings under sec.103.31 were being added, while TU did not want the same sentences deleted. The sentences have been deleted, since Chapter 103 has been repealed in its entirety, and no equivalent to this section is contained in the agency's new procedural rules, which are contained in Chapters 261-275. Thus, the reference has no meaning. Exxon and SPS also requested that the commission, if the emissions fee were to be increased, publish in the Texas Register an accounting of all Title V fees collected and expenditures. Exxon also expressed concern with the financial impact statement that stated there would be no significant effect on small businesses nor additional economic costs for persons required to comply with the sections as proposed. The request to publish an accounting of revenues and expenses of Title V emission fees was made in order to establish additional justification for the proposed increase. Since the emissions fee is not being increased, publishing the Title V emissions fee receipts and expenditures in the Texas Register is not being proposed at this time. The statement in the preamble to the proposed rules concerning the impacts to small businesses was intended to represent the position of the agency that the most significant and direct impacts of the proposed rules would be for larger concerns, rather than smaller firms, and should not be taken to mean that small businesses could not be indirectly or less significantly affected. The statement concerning the effect on persons required to comply with the rules as proposed is a required component of the fiscal note, but must be read within the context of the entire note. The fiscal note clearly identifies potential economic impacts. The reference to "additional economic costs" is intended to mean that no costs IN ADDITION to those already identified are anticipated. In addition, the staff made minor editorial changes upon adoption for consistency and legal exactness. These changes were not made in response to comments received. The amendments are adopted under the Texas Health and Safety Code, the 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. sec.101.24. Inspection Fees. (a) Applicability. The owner or operator of each account to which this rule applies, as defined in this subsection, shall remit to the Texas Natural Resource Conservation Commission (TNRCC) an inspection fee each fiscal year. A fiscal year is defined as the period from September 1 through August 31. A fiscal year, having the same number as the next calendar year, begins on the September 1 prior to that calendar year. An account subject to both an inspection fee and an emissions fee, pursuant to sec.101.27 of this title (relating to Emissions Fees), is required to pay only the greater of the two fees. For purposes of this section, an account shall be defined as all of the facilities located at a property, including those that are permitted, non- permitted, exempted, and grandfathered. Properties under common ownership, but containing separate operations, or managed independently, or carried on the records of this agency under separate account numbers, will be charged a separate fee for each such account, even if the properties are contiguous or are contiguous except for intervening roads, railroads, rights-of-way, waterways, and the like. The inspection fee shall apply to each account which contains one or more of the types of plants, facilities, and/or processes described in subsection (d) of this section. References for the industrial categories used are provided in the Standard Industrial Classification (SIC) Manual (Executive Office of the President, Office of Management and Budget, 1987). If more than one SIC category can apply to an account, the fee assessed shall be the highest fee listed for the applicable classifications in the fee schedule. Provisions of the section apply to all accounts, including accounts which have not been assigned specific TNRCC Office of Air Quality account numbers. The owner or operator of an account subject to an inspection fee requirement is responsible for contacting the appropriate TNRCC regional office to obtain an account number. The TNRCC will not initiate the combination or separation of accounts solely for fee assessment purposes. If an account is operated at any time during the fiscal year for which the fee is assessed, a full inspection fee is due. If the TNRCC is notified in writing that the plant is not and will not be in operation during that fiscal year, a fee will not be due. If an account commences or resumes operation later during the fiscal year, a full inspection fee will be due prior to commencement or resumption of operations. (b) Payment. Fees shall be remitted by check or money order made payable to the TNRCC and sent to the TNRCC address printed on the fee return form. A completed fee return form shall accompany fees remitted. The fee return form shall include, at least, the company name, mailing address, site name, TNRCC Office of Air Quality account number, the SIC category on which the fee was determined, and the name and telephone number of the person to contact in case questions arise regarding the fee payment. (c) Schedule. Fees shall be due annually and payable according to the following schedule. Fee payments for a fiscal year must be received or postmarked no later than the indicated due date as follows: Figure 1: 30 TAC sec.101.24(c) (d) Inspection fee schedule. The inspection fee schedule is as follows. Figure 2: 30 TAC sec.101.24(d) (e) Nonpayment of fees. Each inspection fee payment must be received by the due date specified in subsection (c) of this section. Failure to remit the full inspection fee by the due date shall result in enforcement action under the Texas Clean Air Act, Texas Health and Safety Code, sec.382.082 or sec.382. 088. In addition, the Texas Clean Air Act, Texas Health and Safety Code, sec.382.091(a)(2), makes it a criminal offense to intentionally or knowingly fail to pay a required fee. The provisions of this section, as first adopted and as amended thereafter, are and shall remain in effect for purposes of any unpaid fee assessments, and the fees assessed pursuant to such provisions as adopted or as amended remain a continuing obligation. sec.101.27. Emissions Fees. (a) Applicability. The owner or operator of each account to which this rule applies, as defined in this subsection, shall remit to the Texas Natural Resource Conservation Commission (TNRCC or commission) an emissions fee each fiscal year. A fiscal year is defined as the period from September 1 through August 31. A fiscal year, having the same number as the next calendar year, begins on the September 1 prior to that calendar year. An account subject to both an emissions fee and an inspection fee, pursuant to sec.101.24 of this title (relating to Inspection Fees), is required to pay only the greater of the two fees. For pur-poses of this section, an account shall be defined as all of the facilities located at a property including those that are permitted, non- permitted, exempted, and grandfathered. Properties under common ownership, but containing separate operations, or managed independently, or carried on the records of this agency under separate account numbers, will be charged a separate fee for each such account, even if the properties are contiguous or are contiguous except for intervening roads, railroads, rights-of-way, waterways, and the like. Provisions of the section apply to all accounts, including accounts which have not been assigned specific TNRCC Office of Air Quality account numbers. The owner or operator of an account subject to an emissions fee requirement is responsible for contacting the appropriate TNRCC regional office to obtain an account number. The TNRCC will not initiate the combination or separation of accounts solely for fee assessment purposes. If an account is operated at any time during the fiscal year for which the fee is assessed, a full emissions fee is due. If the TNRCC is notified in writing that the plant is not and will not be in operation during that fiscal year, a fee will not be due. If an account commences or resumes operation later during the fiscal year, a full emissions fee will be due prior to commencement or resumption of operations. All regulated air pollutants, as defined in subsection (c)(3) of this section, including, but not limited to, those emissions from point and fugitive sources during normal operations with the exception of (for applicability purposes only) hydrogen, oxygen, carbon dioxide, water, nitrogen, methane, and ethane, are used to determine applicability of this section. In accordance with rules proposed by the United States Environmental Protection Agency (EPA) at 40 Code of Federal Regulations (CFR) 70, concerning the use of fugitive emissions in major source determinations, fugitive emissions shall be considered toward applicability of this section only for those source categories listed at 40 CFR 51.166(b)(1) (iii). For purposes of this section, an affected account shall have met one or more of the following conditions: (1)-(9) (No change.) (b) Payment. Fees shall be remitted by check or money order made payable to the TNRCC and sent to the TNRCC address printed on the fee return form. A completed fee return form shall accompany fees remitted. The fee return form shall include, at least, the company name, mailing address, site name, TNRCC Office of Air Quality account number, Standard Industrial Classification (SIC) category, the allowable levels and/or actual emissions of all regulated air pollutants at the account for the reporting period, and the name and telephone number of the person to contact in case questions arise regarding the fee payment. (c) Basis for fees. (1) The emissions fee shall be based on allowable levels and/or actual emissions at the account during the last full calendar year preceding the beginning of the fiscal year for which the fee is assessed. For purposes of this section, the term "allowable levels" are those limits as specified in an enforceable document such as a permit or Commission Order which are in effect on the date the fee is due. The fee applies to the tonnage of regulated pollutants at the account, including those emissions from point and fugitive sources during normal operations. Although certain fugitive emissions are excluded for applicability determination purposes pursuant to subsection (a) of this section, all fugitive emissions must be considered for fee calculations after applicability of the fee has been established. A maximum of 4,000 tons of each regulated pollutant will be used for fee calculations. The fee for each fiscal year is set at the following rates: Figure 3: 30 TAC sec.101.27(c)(1) If the fee is applicable, the company responsible for the account shall pay the calculated emissions fee or the minimum fee, whichever is greater. (2) The emissions tonnage for the account for fee calculation purposes will be the sum of those allowable levels and/or actual emissions for individual emission points or process units at the account rounded up to the nearest whole number, as follows. (A) Where there is an enforceable document, such as a permit or Commission Order, establishing allowable levels, actual emissions may be used only if a completed Emissions Inventory Questionnaire for the account is submitted with the fee payment. For stacks or vents, the inventory must include verifiable data based on continuous emission monitor measurements, other continuously monitored values, such as fuel usage and fuel analysis, or stack testing performed during normal operations using EPA approved methods and quality-assured by the TNRCC Office of Air Quality. All measurements, monitored values, or testing must have been performed during the basis year as defined in subsection (c)(1) of this section or if not performed during the basis year, must be representative of the basis year as defined in subsection (c)(1) of this section. Actual emission rates may be based upon calculations for fugitive sources, flares, and storage tanks. Actual production, throughput, and measurement records must be submitted, along with complete documentation of calculation methods. Thorough justification is required for all assumptions made and factors used in such calculations. If the actual emissions rate submitted for fee purposes is less than 60% of the allowable emission rate, an explanation of the discrepancy must be submitted. Where inadequate or incomplete documentation is submitted, the executive director may direct that the fee be based on allowable levels. Where a complete and verifiable inventory is not submitted, allowable levels shall be used. (B) Where there is not an enforceable document, such as a permit or a Commission Order, establishing allowable levels actual emissions shall be used. Actual production, throughput, or measurement records must be submitted along with complete documentation of calculation methods. Thorough justification is required for all assumptions made and factors used in such calculations. (3) For purposes of this section, the term "regulated pollutant" shall include any volatile organic compound, any pollutant subject to the Federal Clean Air Act (FCAA), sec.111, any pollutant listed as a hazardous air pollutant under the FCAA, sec.112, each pollutant for which a national primary ambient air quality standard has been promulgated (including carbon monoxide), and any other air pollutant subject to requirements under TNRCC rules, regulations, permits, orders of the commission, or court orders. The term "normal operations" shall mean all operations other than those reported to the TNRCC in response to the requirements of sec.101.6 of this title (relating to Notification Requirements for Major Upset) or sec.101.7 of this title (relating to Notification Requirements for Maintenance). (d) Schedule. Fees shall be due annually and payable according cording to the following schedule. Fee payments for a fiscal year must be received or postmarked no later than the indicated due date as follows: Figure 4: 30 TAC sec.101.27(d) (e) Nonpayment of fees. Each emissions fee payment must be received by the due date specified in subsection (d) of this section. Failure to remit the full emissions fee by the due date shall result in enforcement action under the Texas Clean Air Act, Texas Health and Safety Code, sec.382.082 or sec.382. 088. In addition, the Texas Clean Air Act, Texas Health and Safety Code, sec.382.091(a)(2), makes it a criminal offense to intentionally or knowingly fail to pay a required fee. The provisions of this section, as first adopted and amended thereafter, are and shall remain in effect for purposes of any unpaid fee assessments, and the fees assessed pursuant to such provisions as adopted or as amended remain a continuing obligation. 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 July 17, 1995. TRD-9509009 Lydia Gonzalez-Gromatzky Acting Director, Legal Services Division Texas Natural Resource Conservation Commission Effective date: August 8, 1995 Proposal publication date: May 30, 1995 For further information, please call: (512) 239-1966 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 79. Legal Services Subchapter K. Informal Hearings 40 TAC sec.sec.79.1002, 79.1003, 79.1005, 79.1007 The Texas Department of Human Services (DHS) adopts amendments to sec.sec.79.1002, 79.1003, 79.1005, and 79.1007, regarding informal hearings in its Legal Services rule chapter. The purpose for the amendments is to comply with federal law that mandates states to follow the federal requirements governing hearings found in 42 Code of Federal Regulations sec.488.335. The amendments will function by making DHS's Legal Services rules consistent with federal law. The amendments are adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. The amendments are adopted in compliance with federal requirements effective July 1, 1995. The amendments implement the Human Resources Code, sec. sec.22.001-22.024. sec.79.1002. Request for Hearing. (a) The party seeking review of an action by the Texas Department of Human Services (DHS) under this section must request a hearing in writing within 30 days of the date notice of the action was mailed to the party. The request must be addressed as provided in DHS's notice of decision or action and state in plain language the nature of the action, the name and identifying information of the requesting party, and a request that the action be reviewed. (b)-(c) (No change.) sec.79.1003. Setting for Hearing. (a) Notice. The hearing is held at a reasonable time and place. The notice must include a statement of the time, place, and nature of the hearing; a statement of the legal authority under which the hearing is to be held; a reference to the particular section of the statutes and rules involved; and a short and plain statement of the matters asserted and to be proved. The notice must be sent to the requesting party by certified mail-return receipt requested, at least ten days before the date of the hearing, with a copy to the DHS program area concerned with the action. (b) Postponement. The hearing officer may grant a postponement for good cause at either party's request. A postponement will not extend the time allowed to make the hearing decision. Except in emergencies or unusual circumstances confirmed by a telephone call, no postponements are granted within two days of the scheduled hearing. sec.79.1005. Decision. (a)-(b) (No change.) (c) The final decision must be made within 120 days from the day the department received the request for hearing. sec.79.1007. Administrative Appeal. (a) Within ten days of the date of the denial of a motion for rehearing, or within 20 days of the date of mailing of the final decision, if no action is taken on the motion for rehearing, a request for administrative appeal may be filed with the hearing officer. Upon receipt of a request for administrative appeal, the hearing officer must acknowledge by mail receipt of the request and must forward the file and all supporting documentation and records to the director of DHS's Hearings Department, state office. Upon receipt in the Hearings Department, the case is docketed and the director of the Hearings Department assigns the case to an administrative law judge. The administrative law judge notifies the parties of the date, time, and place of the hearing. The hearing is held at a reasonable time and place. (b)-(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 legal authority. Issued in Austin, Texas, on July 18, 1995. TRD-9508999 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: July 1, 1995 Proposal publication date: n/a For further information, please call: (512) 450-3765