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 IV. Office of the Secretary of State Chapter 73. Statutory Documents Disclosure Statement of Conditional Gifts 1 TAC sec.73.91 The Office of the Secretary of State adopts new sec.73.91, concerning filing procedures with regard to conditional gifts from foreign persons to public institutions of higher education, without changes to the proposed text as published in the September 12, 1995, issue of the Texas Register (20 TexReg 7151). This rule is adopted to insure a more efficient filing procedure in that institutions of higher education will not have to submit different filings at the state and federal level with regard to conditional gifts from foreign persons. No comments were received regarding adoption of the new section. The new section is adopted under the authority of the 74th Legislature, Regular Session, Chapter 823, sec.10 and sec.11, 1995 (to be codified at Texas Education Code Annotated, sec.51.572 and sec.51,573), which requires the Secretary of State to accept such filings and promulgate necessary 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 October 30, 1995. TRD-9513987 Clark Kent Ervin Assistant Secretary of State Office of Secretary of State Effective date: November 20, 1995 Proposal publication date: September 12, 1995 For further information, please call: (512) 463-5702 TITLE 22. EXAMINING BOARDS Part VI. Texas State Board of Registration for Professional Engineers Chapter 131. Practice and Procedure Registration 22 TAC sec.131.138 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.138, concerning engineers' seals, with changes to the proposed text as published in the July 18, 1995, issue of the Texas Register (20 TexReg 5126). The rule as amended clarifies the purpose and proper use of the seal, and defines the engineering documents which must be signed, sealed, and dated. The rule clarifies the provisions pertaining to the sealing rule requirements. Comments were received from individual professional engineers as well as engineering companies. While there was no opposition to the rule as proposed, one comment was received suggesting that the gender bias in the wording be eliminated. The board considered this recommendation and slight modifications were made to the adopted text changing the gender to the third person in paragraphs (2), (3), (7), (8), and subparagraph (B) of paragraph (10). Other comments ranged from being congratulatory in nature to requesting clarification of some language. Several engineers questioned whether computer-generated (CADD) seals should be used without a signature as permitted in paragraph (5) of the section. The board's opinion was that the authorization statement required in conjunction with the use of a CADD seal was sufficient. Several other individuals advised the board that the proposed terminology in paragraph (9) concerning "original and final documents" was redundant. The board agreed and the words "and final" were deleted in the adopted version. Another individual requested that the board consider adding "addenda" to the non-exclusive list of documents requiring a signature as defined in paragraph (9). The board also agreed with this suggestion and the word was added. The board also determined that it was more appropriate for the language pertaining to reduced size computer-generated seals to be contained in subsection (a) instead of paragraph (5). Based on all of these comments, the board also made slight modifications to paragraphs (2), (5), (7), (8), and (9) for clarity and to remove redundancies with other existing rules. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. sec.131.138. Engineers' Seals. The purpose of the engineer's seal is to assure the user of the engineering product that the work has been performed by the professional engineer named and to delineate the scope of the engineer's work. The board strongly encourages the engineer to utilize the designation "P.E." on all correspondence and in conjunction with all engineering performed. The seal shall be used as noted in this section and in other board rules. Physical seals of two different sizes will be acceptable: a pocket seal (the size commercially designated as 1-5/8-inch seal) or desk seal (commercially designated as a two-inch seal) to be of the design shown as follows. Computer- generated seals may be of a reduced size provided that the engineer's name and number are clearly legible. Figure 1: 22 TAC sec.131.138 (1) All seals obtained and used by license holders may contain any given name or initial combination, except for nicknames, at their discretion, provided the surname appears on the seal and in the usual written signature. (2) Engineers shall only seal work done by them or performed under their responsible supervision, except as provided in paragraph (10) of this section concerning standards. (3) It shall be misconduct to knowingly sign or seal any engineering document or product if its use or implementation may endanger the health, safety, or welfare of the public. (4) It shall be unlawful for a license holder whose license has expired, or has been revoked or suspended to sign or affix a seal on any engineering document or product. (5) All seals obtained and used by license holders shall be capable of leaving a permanent ink or impression representation on the engineering work, or shall be capable of placing a computer-generated representation in a computer file containing the engineering work. If not accompanied by an original signature and date, computer-generated seals shall be accompanied by the following text or similar wording: "The seal appearing on this document was authorized by (Example: Leslie H. Doe, P.E. 0112) on (date). Alteration of a sealed document without proper notification to the responsible engineer is an offense under the Texas Engineering Practice Act." (6) Preprinting of blank forms with an engineer's seal, or the use of decal or other seal replicas is prohibited. (7) Engineers shall take reasonable steps to insure the security of their physical or computer-generated seals at all times. In the event of loss of a seal, the registrant will immediately upon learning of such loss communicate in writing all facts relative to the loss to the executive director of the board. (8) Engineers shall affix an unobscured seal, original signature, and date of signature to the originals of all documents containing the final version of any engineering work as outlined in paragraph (9) before such work is released from their control. Non-final documents released from their control shall identify the purpose of the document, the engineer(s) of record and the engineer license number(s), and the release date by placing the following text or similar wording instead of a seal: "This document is released for the purpose of (Examples: interim review, mark-up, drafting) under the authority of (Example: Leslie H. Doe, P.E. 0112) on (date). It is not to be used for (Examples: construction, bidding, permit) purposes." The use of signature reproductions, such as rubber stamps, or computer generated or other facsimiles shall not be permitted in lieu of actual signatures. (9) The engineer shall sign, seal and date the original title sheet of bound engineering reports, specifications, details, calculations or estimates, and each original sheet of plans or drawings regardless of size or binding. All other engineering work, including but not limited to research reports, opinions, recommendations, evaluations, addenda, documents produced for litigation, and engineering software shall bear the engineer's printed name, date, signature and the designation "P.E." or other terms allowed under the Act, sec.1.2; a seal may be added on such work as needed or at the engineer's discretion. Electronic correspondence of this type shall be followed by a hard copy containing the engineer's printed name, date, signature and the designation "P.E." or other terms allowed under the Act, sec.1.2. (10) Work performed by more than one engineer shall be sealed in a manner such that all engineering can be clearly attributed to the responsible engineer or engineers. Licensed employees of the state, its political subdivisions, or other public entities are responsible for sealing their original engineering work; however, such licensed employees engaged in review and evaluation for compliance with applicable law or regulation of engineering work submitted by others, or in the preparation of general planning documents, a proposal for decision in a contested case or any similar position statement resulting from a compliance review, need not seal the review reports, planning documents, proposals for decision, or position statement. When an engineer elects to use standards or general guideline specifications, those items shall be clearly labeled as such, shall bear the identity of the publishing entity, and shall be: (A) individually sealed by the engineer; or (B) specified on an integral design/title/contents sheet that bears the engineer's seal, signature, and date with a statement authorizing its use. 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 October 31, 1995. TRD-9514075 John R. Speed, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: November 21, 1995 Proposal publication date: July 18, 1995 For further information, please call: (512) 440-7723 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 29. Purchased Health Services Subchapter CC. LoneSTAR Select Contracting Program 25 TAC sec.29.2801 On behalf of the State Medicaid Director, the Texas Department of Health (department) submits an adopted amendment to sec.29.2801, concerning the LoneSTAR Select Contracting Program process for hospital inpatient services. The amendment is adopted without changes to the proposed text as published in the August 15, 1995, issue of the Texas Register (20 TxReg 6187). The amendment implements Senate Bill 79, 73rd Texas Legislature, 1993, which mandates medical assistance selective contracting for non-emergency inpatient hospital services. Generally, the amendment enables the department to contract selectively with newly constructed health care providers (hospitals) for inpatient services for Medicaid recipients, thereby improving the department's ability to act as a prudent purchaser of services and manage the program in a more effective and efficient manner. Specifically, the amendment modifies the section by adding a definition for the term "new facility"; and by adding a provision concerning evaluation criteria for new facilities. One comment was received from McAllen Heart Hospital (currently under construction), in favor of the proposed amendment to sec.29.2801. The department considered the comment and adopted the section as proposed. The amendment is adopted under the Human Resources Code, sec.32.027, which provides authority for the adoption of rules on selective contracting; the Human Resources Code, sec.32.021, and Texas Civil Statutes, Article 4413(502), sec.16, which provide the Health and Human Services Commission with the authority to adopt rules to administer the state's Medical Assistance Program and is submitted by the Texas Department of Health under its agreement with the Health and Human Services Commission to operate purchased health services programs and as authorized under Chapter 15, sec.1.07, Acts of the 72nd Legislature, First Called Session (1991). 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 November 1, 1995. TRD-9514113 Susan K. Steeg General Counsel Texas Department of Health Effective date: November 22, 1995 Proposal publication date: August 15, 1995 For further information, please call: (512) 458-7236 Chapter 41. Utilization Review Waiver for Utilization Review Procedures 25 TAC sec.sec.41.101, 41.102, 41.104, 41.106-41.108, 41.110, 41.112, 41.113 On behalf of the State Medicaid Director, the Texas Department of Health (department) submits adopted amendments to sec. sec.41.101, 41.102, 41.104, 41. 106-41.108, 41.110, 41.112, and 41.113, concerning waiver for utilization review procedures. These amendments are adopted without changes to the proposed text as published in the May 12, 1995, issue of the Texas Register (20 TexReg 3554), and therefore the amendments will not be republished. These sections are amended to redefine the scope of the utilization review program for inpatient hospital care for hospitals reimbursed under the department's prospective payment system. These amendments include a diagnosis related group (DRG) data base that will determine the DRG payment schedule, which includes psychiatric and rehabilitation admissions in the DRG payment methodology; define the review process to include review of readmissions, cost outliers, day outliers, and emergency services; improve administrative procedures by eliminating the requirement for annual renewal of acknowledgment of penalty notices and the requirement for the issuance of preliminary technical denials when attestation statements are not provided or are not properly completed when submitted with complete medical records; and clarify existing language by deleting repetitive language, simplifying instructions, and clearly delineating agency responsibility. These sections cover inpatient hospital utilization program; case selection process; Texas Medical Review Program (TMRP) review process; attestation statement for TMRP hospitals; acknowledgment of penalty notice; denials and recoupments for TMRP and Tax Equity and Fiscal Responsibility Act (TEFRA) hospitals; appeals requirements under TMRP and TEFRA, and hospital notification; inpatient utilization review for hospitals reimbursed under the TEFRA principles of reimbursement; and quality of care review. The department received no public comments during the comment period for these amendments. The amendments are adopted under the Human Resources Code, sec.32.021 and Texas Civil Statutes, Article 4413(502), sec.16, which provides the Health and Human Services Commission with the authority to adopt rules to administer the state's medical assistance program and are submitted by the Texas Department of Health under its agreement with the Health and Human Services Commission to operate the purchased health services program and as authorized under Chapter 15, sec.1.07, Acts of the 72nd Legislature, First Called Session (1991). 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 November 1, 1995. TRD-9514114 Susan K. Steeg General Counsel Texas Department of Health Effective date: November 22 1995 Proposal publication date: May 12, 1995 For further information, please call: (512) 458-7236 Chapter 221. Meat Safety Assurance Meat and Poultry Inspection 25 TAC sec.221.12 The Texas Department of Health (department) adopts an amendment to sec.221. 12, concerning meat and poultry inspection, with changes to the proposed text as published in the June 23, 1995, issue of the Texas Register (20 TexReg 4535). Specifically, this section is being amended to address fees that will be charged for meat and poultry inspection services provided on a holiday or on an overtime basis, as allowed under the Texas Meat and Poultry Inspection Act (Act), Health and Safety Code, Chapter 433, sec.433.009. A fee for such services was previously established, and is currently being collected to recover certain costs of inspection as required by sec.433.009. The section is also being amended to correct the name of sec.221.12 from "Meat Inspection" to "Meat and Poultry Inspection." The section enables the department to increase fees collected for overtime and special services and will provide continued assurance of consumer safety by enforcing the current United States Department of Agriculture regulations. Two written comments were received regarding the proposed amendment. A summary of the comments and the department's responses are as follows. COMMENT: One commenter stated that the profit margin for ratite meat is low and that inspection should be provided at no cost. RESPONSE: The Texas Meat and Poultry Inspection Act, Health and Safety Code, Chapter 433, authorizes the department to collect fees for inspection services not required by federal law. Voluntary fees are charged for providing such inspection service. The Act also requires the Texas Board of Health to set the fee in an amount sufficient to recover the cost of providing the service. No change was made as a result of the comment. COMMENT: One commenter stated that the fee increase will have a detrimental effect on the new ratite meat industry and that the 31% increase is out of line with inflation. RESPONSE: The current $16 per hour fee was set over ten years ago with no subsequent adjustment to accommodate recovering the increasing costs of inspection. The proposed fee represents less than a 3.0% increase per year when amortized over the past ten years, which is significantly lower than the average yearly inflation rate during that period. No change was made as a result of the comment. Two additional comments were received orally at the Board of Health meeting. A summary of the comments and the department's responses are as follows. COMMENT:The commenters stated that charging a fee for the inspection of exotic wild game that is required to be inspected is detrimental to the industry. The commenters stated that the Texas Department of Agriculture, makes low interest loans available to ranchers for developing alternative agriculture products. In addition, Texas producers must compete with producers in other states that do not charge a fee, giving the out-of-state producers an economic advantage over Texas producers. RESPONSE: The department agrees with the comment that exotic wild game required to be inspected under state or federal law should not be charged a fee for routine inspections. The commenters were individuals who were generally not in favor of the section of the rules requiring fees for voluntary inspection and expressed concerns regarding increased costs to their operations. The amendment is adopted under the Health and Safety Code, Chapter 433, sec.433.008, which provides the commissioner with the authority to adopt rules for the efficient execution of the Texas Meat and Poultry Inspection Act; and sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner. sec.221.12. Meat and Poultry Inspection. (a)-(c) (No change.) (d) Special fees for inspection services. (1) Scope and purpose. Fees shall be charged by the department for inspection services provided on a holiday or on an overtime basis, and/or for products which do not require inspection by state or federal law. (2) Overtime and holiday rate. The overtime and holiday rate for inspection services provided pursuant to Health and Safety Code, Chapter 433, sec.433.009 shall be $21 per hour, per program employee. (3) Rate for inspections not required by state or federal law. The rate for inspections not required by state or federal law provided pursuant to Health and Safety Code, Chapter 433, sec.433. 009 shall be $21 per hour, per program employee. 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 October 30, 1995. TRD-9513976 Susan K. Steeg General Counsel Texas Department of Health Effective date: December 1, 1995 Proposal publication date: June 23, 1995 For further information, please call: (512) 458-7236 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 85. Admission and Placement Placement Planning 37 TAC sec.85.31 The Texas Youth Commission (TYC) adopts an amendment to sec.85.31, concerning home placement, with changes to the proposed text as published in the September 26, 1995, issue of the Texas Register (20 TexReg 7816). The changes to the proposed text consist of updating terminology, specifically changing the term parole officer to community corrections officer and home evaluation to home assessment. The justification for amending the section is to provide for increased supervision of delinquent youth on parole living in the community. The amendment will allow juvenile community corrections officers to complete home assessments of youth in TYC institutions within 45 days of initial placement with one follow-up evaluation prior to the youth's release. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions, and sec.61.081, which provides the Texas Youth Commission authority to investigate, place, supervise, and direct the activities of parolees. The proposed rule implements the Human Resource Code, sec.61.034. sec.85.31. Home Placement. (a) Policy. (1) The Texas Youth Commission (TYC) staff evaluates each youth's home to determine whether the home is approved or disapproved for placement and whether the youth will be returned to his or her home upon release from residential placement. A youth's home is considered approved for placement unless one or more of the following disapproval criteria exists, and can be documented: (A) physical abuse; (B) sexual abuse; (C) physical absence of parent caretaker due to criminal incarceration or physical/psychiatric hospitalization; (D) serious physical/survival neglect; (E) legal termination of parental rights; (F) the youth is a sex offender and criteria/requirements in subsection (b)(4) of this section have not been met. (2) Youth with approved homes with no placement objection are placed in their homes. Youth with disapproved home placements are not placed in their homes. Emergency furloughs of youth with a current disapproved home or pending assessment status may be granted if necessary. Administrative furloughs are prohibited. (3) The home assessment process is applied to the home of each youth's legal parent(s), or guardian or relative who has volunteered to have the youth placed in his home. Nonrelatives are not considered for placement through this process. Incidents of a parent refusing to accept supervision of his child and/or incidents of a TYC youth claiming abuse in his home are reported to Department of Protective and Regulatory Services. (4) The home assessment process is applied to all youth properly referred to community corrections officers through the Texas Interstate Compact on Juveniles (ICJ) Office. (b) Rules. (1) When a Home Assessment is Conducted. (A) Immediately upon admission, assessment unit staff sends the home community corrections officer: (i) a copy of the court order; (ii) a copy of the Common Application, form CCF-002; (iii) a copy of the social summary if received from the county; (iv) notification when a youth is refusing to live at home when residential placement is complete. See paragraph (3)(A) of this subsection. (v) notification when there is documented evidence that the youth sexually abused a person living in his/her household whether adjudicated for the offense or not. Provide specifics including whether the victim and/or a potential victim remains in the household. (B) From the date of admission to TYC the community corrections officer completes initial home assessments: (i) within 45 days; or (ii) makes and documents at least three assertive attempts to conduct the assessment within that time. (C) When the initial assessment cannot be completed within the 45 day period, the assessment is designated as pending and follow-up attempts are made and documented at intervals no greater than 30 days until the assessment is completed. (D) A completed home assessment is considered current for any youth released to his home within 12 months of the first day counted on the minimum length of stay. A follow-up home assessment is conducted 90 days prior to completion of a minimum length of stay of 12 months or longer. (E) The residential placement is responsible for notifying the community corrections officer of an offender's projected release date. (F) When new evidence or special circumstances warrant, a youth's primary service worker (PSW) can request that a follow-up home assessment be conducted. (2) Home Assessment Status. (A) All completed home assessments are either approved or disapproved as the youth's home placement but may, prior to completion, temporarily be in a pending status. By 45 days after admission to TYC, each home assessment carries one of the following designations. (i) Approved Home Placement -Investigation indicates conditions which could facilitate the rehabilitative adjustment of the youth. (ii) Disapproved Home Placement -Investigation indicates conditions which would impede the rehabilitative adjustment or threaten safety of the youth. (iii) Pending Home Placement -A temporary status meaning the investigation has not yet been completed but that required attempts have been made and will continue to be made until the assessment has been completed and the home is either approved or disapproved. (B) The home placement status can be changed only as a result of a follow-up home assessment by the assigned community corrections officer. (3) Approved Home-Placement Objection. (A) A youth's home is said to have a placement objection when none of the criteria for disapproval of the home exists but: (i) the parent states that he or she cannot or will not supervise the youth; or (ii) the parent states that the youth is not welcome in the home; or (iii) the youth states that he or she will not remain in the home if returned to the home on completion of assigned program. (B) When a placement objection occurs, the community corrections officer assesses specific considerations and determines whether, in his best professional judgment, to recommend placement in the home, placement with a relative, or placement elsewhere. Specific considerations are: (i) the age, maturity, physical size and ability of the youth to protect or care for himself should the need arise; (ii) the psychological/emotional level of the youth as indicated in psychological and psychiatric assessments, social summaries, behavioral progress reports and diagnostic evaluations; (iii) whether either or both the parent and the youth are stating a desire or willingness to seek professional assistance in resolving their conflicts; (iv) whether the youth is claiming the existence of abuse or neglect in the home to self or to siblings; and (v) whether the youth's offense record/committing offense indicates a strong behavioral risk. If the offenses are primarily against persons, extensive review of the youth's behavior/discipline record while in residence with TYC is conducted. (4) Home Assessment of Sex Offenders. (A) An automatic home disapproval occurs when there is documented evidence that the TYC youth sexually abused a person living in his or her home; and (i) the victim continues to live in the home; or (ii) a potential victim or victim whose profile is similar to that of the victim(s) in the committing offense and/or documented history currently lives in the home. (B) Community corrections officers notify the parents of the automatic disapproval and of the requirements for approval. Disapproval remains in effect until documentation of treatment for offender, victim and offender's family has occurred. Home approval can occur only if the offender's therapist and the victim's or family's therapist agree that specific criteria have been met. See criteria in GOP.49.27, sec.87.27 of this title (relating to Family Reintegration of Sex Offenders). (5) Supervision in Placement. (A) Youth returned home who have no placement objection on their approved home placement assessment, are supervised according to GOP.49.23, sec.87.23 of this title (relating to Supervision Levels in Parole Home Placement). (B) Youth returned home who have a placement objection on their approved home assessment, are supervised by the assigned community corrections officer according to the following special supervision procedures in addition to the individual supervision levels. (i) The placement objection is considered in the assessment and may be used to justify a higher level of supervision. (ii) The Individual Case Plan includes all specific conditions of placement and all planned activities to assist the family in resolving conflicts and other problems. (6) Disapproved Home Placement. (A) A parent(s) whose child will not be returning home is asked to assist in locating a relative who might be willing to have the youth placed in his home. If the home of the relative is approved, a youth may be placed in the home unless the managing conservator strongly objects to such placement in which case alternatives are sought. (B) When a suitable relative cannot be located, the assigned case manager is informed and alternative placement is sought. (7) Documentation. (A) Disapproval of a home should be supported by evidence which includes written documentation of relevant problems found by another agency, e.g., the County Juvenile Probation Department, Department of Protective and Regulatory Services, police departments, hospital reports, etc. When adequate support documentation is not found in the youth's file, the appropriate agency should be contacted for additional information. If there is no documentation by another agency to support disapproval but the evaluating community corrections officer finds reason to believe that disapproval criteria are present, the community corrections officer documents all observations and conversations leading to a recommendation for disapproval. (B) TYC reports to the Department of Protective and Regulatory Services, all cases of a youth verbalizing abuse in the home and all cases of a parent(s) refusing to accept supervision of the youth. (C) The result of the assessment and any follow-up assessments are documented on the Home/Family Assessment, form CCF-100, and supporting documentation is attached. (D) Parents are immediately informed in writing when the home is disapproved for placement and the reasons for such. Any action which the parent could take to correct a deficiency is included. A copy of the letter is attached to the CCF-100 form. (E) The community corrections officer's signature and recommendation for approval or disapproval is required for all completed home assessments. (F) The community corrections supervisor's signature and approval or disapproval of the youth being placed in the home are required for all home assessments. (G) The original Home/Family Assessment, form CCF-100, with all signatures and documentation, is sent to the youth's PSW and is filed in the youth's masterfile. (8) Interstate. The ICJ Office electronically sends notification of new interstate case assignment to the receiving community corrections officer the same day that the referral is mailed to the receiving community corrections officer from the ICJ Office. From date of notification, the community corrections officer completes initial home assessments for 100% of interstate cases and makes recommendations for placement within 21 days. An interstate case cannot be rejected: (A) when the proposed placement is with a custodial parent; (B) on the basis that the youth is over age 17. The age at which persons are considered adults by criminal law in the receiving state should be mentioned in the home investigation but supervision cannot be rejected based solely on age; or (C) on the basis that the offense is not considered delinquent conduct in Texas. 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 November 1, 1995. TRD-9514110 Steve Robinson Executive Director Texas Youth Commission Effective date: December 1, 1995 Proposal publication date: September 26, 1995 For further information, please call: (512) 483-5244 Chapter 87. Treatment Program Planning 37 TAC sec.87.1, sec.87.23 The Texas Youth Commission (TYC) adopts amendments to sec.87.1 and sec.87. 23, concerning case planning and supervision levels in parole home placement, with changes to the proposed text as published in the September 26, 1995, issue of the Texas Register (20 TexReg 7817). The changes to sec.87.1 require that the assigned level of care is reviewed every six months rather than every 90 days except for levels of care six which will continue to be reviewed every 90 days. The change is made so that expectations are more consistent with available resources. Use of the term "parole officer" has been changed to the term "community corrections officer" to be consistent with a change of working title. The justification for amending the sections is for TYC to provide increased contacts in supervision of youth considered to be a high risk to re-offend and reduce less critical administrative functions. The amendments will provide for increased supervision of committed youth released to the community on parole. No comments were received regarding adoption of the amendments. The amendments are adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions, and sec.61.081 which gives the Texas Youth Commission authority to investigate, place, supervise, and direct the activities of parolees. The proposed rule implements the Human Resource Code, sec.61.034. sec.87.1. Case Planning. (a) Policy. An Individual Case Plan (ICP) for every youth in Texas Youth Commission (TYC) care is developed based on the youth's need for services. Youth service needs are identified and corresponding long-term and short-term objectives are developed. The resulting case plan is reviewed regularly and revised when necessary. (b) Rules. (1) Requirements for Reception Admission. The Individual Case Plan: Assessment is completed by the assessment center primary service worker by the end of the assessment process. The form is signed by primary service worker, copy sent to parole officer and filed in masterfile. (2) First Individual Case Plan Time Requirement for All Placement Programs. (A) The ICP objectives are completed by the primary service worker of the receiving program each time a youth is placed or moved into a new program placement. ICP objectives are developed within: (i) 14 days of admission to a halfway house facility; (ii) 30 days of admission to any other program except home or home substitute on parole; (iii) five working days for youth at home or home substitute on parole; (B) Development of ICPs and all succeeding progress reviews, are conducted with the youth and include individual counseling. (3) Requirements for TYC Operated Programs Except Home on Parole. (A) ICP for sentenced offenders is developed in accordance with guidelines of this policy as far as possible and within the restrictions of GOP.47.15, sec.85. 35 of this title (relating to Sentenced Offender Disposition). (B) The plan is developed in accordance with identified needs and must specify measurable objectives, expected outcomes and a means to evaluate progress. The three types of objectives developed in the ICP are offense related objectives, educational and employment objectives, and community reentry objectives. (i) Offense related objectives are required objectives. They must be written so that they may be achieved within a period of time no longer than the required minimum length of stay or within four months if there is no required length of stay. (ii) Education and employment related objectives must be written so that they may be substantially completed within a period of time no longer than the required minimum length of stay or within four months if there is no required length of stay. (iii) Community reentry objectives are those to be accomplished in order to encourage successful re-entry into the community. Community reentry objectives are developed with the youth's family and community corrections officer and include referrals, activities, and expectations for the youth and family to participate in upon return to the community after his release. (C) ICP progress reviews are conducted every 30 days to evaluate a youth's progress, except in months when an ICP release review is conducted instead. (D) For a youth in a transitional program, ICP release reviews are conducted monthly. (E) Revisions may be made as necessary to meet youth needs. All changes are stated in the plan and are discussed with youth. (F) Phases of resocialization, treatment needs assessments is reviewed every 90 days. Level of care may be reviewed at this time. Families and parole officers are invited to participate in these reviews. (4) Requirements for Contract Programs. (A) For youth in contract placements, ICP release reviews are conducted monthly instead of quarterly in compliance with GOP.47.09, sec.85.29 of this title (relating to Program Completion and Movement). (B) The primary service worker meets monthly with the youth and contract placement caseworker/caregiver to review the youth's progress. (C) Youth who are designated level of care six will be reviewed every 90 days. All other youth level of care is reviewed at a minimum every six months. Staff are encouraged to review the level of care on a more frequent basis. (5) Requirements for Youth at Home on Parole. (A) Upon notification of the first placement following commitment, the home parole officer initiates contact with the youth. (B) Parole objectives are developed for youth on parole by the parole officer in consultation with the youth, the sending primary service worker, and when available, the parents. The ICP contains the condition of release and consists of the youth's plan for work, school, training or specialized treatment, projected date of discharge and any other special conditions. (C) The ICP is reviewed according to the level of supervision and is updated as necessary. Required reviews are held: (i) every 30 days for intensive supervision level. (ii) every 60 days for maximum supervision level. (iii) every 90 days for moderate supervision level. (iv) every 90 days for minimum supervision level. (D) ICP objectives may be reviewed more often in accordance with changes in a youth's behavior, need and circumstance. (6) Documentation. (A) The ICP, developed by each new program a youth enters, is completed/documented on the Individual Case Plan, CCF-114. (i) Page 1 is completed during the youth's admission assessment. (ii) Page 2 is the first ICP completed at every placement. (iii) Page 3 is completed at every placement for reviews. (iv) Page 4 is completed for all youth on parole. (B) Individual Case Plan, CCF-114 development requirements: (i) Initial plans and reviews are developed by current primary service worker, with input of the youth, previous primary service worker if applicable, contract program staff if applicable, and parent/guardian if available. (ii) All ICPs are signed by the youth and primary service worker. (iii) The youth is given a copy. (iv) Parents are given copies and signature is requested. (v) Parole officers are given copies. (vi) Originals are filed in youth masterfile. (vii) Event is documented in chronological. (viii) Designated teacher must sign initial ICPs and release ICPs for youth in state school. sec.87.23. Supervision Levels in Parole Home Placement. (a) Policy. The Texas Youth Commission parole staff develops a plan which provides a level of supervision intensity for each youth on parole status in the home or home substitute. The levels of intensity are based on youth's needs and the degree of risk presented to the public. Reassessments are completed on a scheduled basis and may result in increased supervision or a less intensive supervision and possible early discharge. (b) Rules. (1) Parole assessment and Individual Case Plan (ICP) is completed for each youth on parole status in a home or home substitute placement within five working days of arrival at the placement. (2) Levels are identified as intensive, maximum, moderate, or minimum. (3) All youth are initially placed on intensive supervision. (4) Reassessments and ICP reviews are conducted on a scheduled basis in accordance with the level of supervision: (A) Intensive-every 30 days. (B) Maximum-every 60 days. (C) Moderate-every 90 days. (D) Minimum-every 90 days. (5) Changes to less intensive levels of supervision may occur when: (A) the youth complies with the individual case plan; (B) the youth has had no major incident since the last assessment. (6) Additional reassessments are conducted when there is a major incident, noncompliance with Individual Case Plan objectives or the youth exhibits significant behavioral changes. (7) Youth on subsidized independent living status are on a maximum supervision level. 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 November 1, 1995. TRD-9514111 Steve Robinson Executive Director Texas Youth Commission Effective date: December 1, 1995 Proposal publication date: September 26, 1995 For further information, please call: (512) 483-5244 Part XIII. Texas Commission on Fire Protection Chapter 401. Practice and Procedure Subchapter A. General Provisions and Definitions 37 TAC sec.401.11 The Texas Commission on Fire Protection adopts an amendment to sec.401.11, concerning presentations to the commission, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 7023). The justification for this section is that commission and advisory committee meetings will be conducted in a more orderly manner. The submission of agenda requests to the General Counsel will insure compliance with the Texas Open Meetings Act. The amendment changes the name of the section to "Conduct of Commission and Advisory Committee Meetings", and provides the presiding officer of the commission or advisory committees with discretion to employ any generally recognized parliamentary procedures for the conduct of commission or committee meetings and to set reasonable time limits for discussion on agenda items. In addition, subsection (c) is amended to direct agenda requests to the General Counsel and Executive Director, to lower from 45 to 30 the advance deadline for agenda requests, and to provide that the decision to place a matter on an agenda will rest with the appropriate presiding officer instead of the executive director. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of 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 October 26, 1995. TRD-9513954 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: November 20, 1995 Proposal publication date: September 8, 1995 For further information, please call: (512) 918-7184 Chapter 407. Administration 37 TAC sec.407.1 The Texas Commission on Fire Protection adopts new sec.407.1, concerning inscription on the Texas Commission on Fire Protection vehicles, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 4505). The justification for this section is that agency personnel will be able to accomplish their tasks undetected to enforce laws administered by the commission, in compliance with Texas Civil Statutes, Article 6701m-1. The new section establishes the primary use of agency vehicles without inscriptions and the purpose served by not inscribing the vehicles to carry out assignments that require agency personnel to accomplish their tasks undetected. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Civil Statutes, Article 6701m-1, Inscription on State Vehicles. 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 October 26, 1995. TRD-9513955 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: November 20, 1995 Proposal publication date: September 8, 1995 For further information, please call: (512) 918-7184 Chapter 421. Standards for Certification 37 TAC sec.421.5 The Texas Commission on Fire Protection adopts the repeal of sec.421.5, concerning definitions, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 7024). The justification for this section is that an "expired" certificate can be distinguished from an "inactive" certificate, providing clarification to requirements for proficiency testing. The repealed language is replaced by a new section dealing with the same subject matter, adding a new definition of an "expired" certificate and modifying the definition of "inactive status". No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Government Code, sec.419.022(a)(5), which provides the commission with authority to establish standards for fire protection personnel. 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 October 26, 1995. TRD-9513957 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: November 20, 1995 Proposal publication date: September 8, 1995 For further information, please call: (512) 918-7184 The Texas Commission on Fire Protection adopts new sec.421.5, concerning definitions, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 7024). The justification for this section is that an "expired" certificate can be distinguished from an "inactive" certificate, providing clarification to requirements for proficiency testing. The proposed new section replaces a repealed section dealing with the same subject matter, adding a new definition of an "expired" certificate and modifying the definition of "inactive status". No comments were received regarding adoption of the new section. The new section is adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Government Code, sec.419.022(a)(5), which provides the commission with authority to establish standards for fire protection personnel. 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 October 26, 1995. TRD-9513956 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: November 20, 1995 Proposal publication date: September 8, 1995 For further information, please call: (512) 918-7184 Chapter 423. Fire Suppression Subchapter A. Minimum Standards for Structure Fire Protection Personnel Certification 37 TAC sec.sec.423.3, 423.5, 423.7 The Texas Commission on Fire Protection adopts amendments to sec.sec.423.3, 423.5, and 423.7, concerning higher levels of structure fire protection personnel certification, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 7025). The justification for this section is that recognition of higher levels of certification with appropriate levels of training and experience will enable those persons holding such certifications to better serve local communities. The changes increase the years of experience for intermediate, advanced and master levels of certification from three, six, and nine years to four, eight, and 12 years, respectively. In addition, the National Fire Academy course requirements for intermediate and advanced levels are increased from 80 hours to 96 for Option #2, and from 40 hours to 48 hours for Option #3 to more closely align the classroom hours of NFA courses with college courses. The amendments will have a January 1, 1997, effective date. The commenters in favor of the proposed rule change stated that the increase in the number of years of experience required for intermediate, advanced, and master levels of certification were appropriate and represented a good average, recognizing that some departments and stations might give a fire fighter more experience than others that have less frequent number of responses. Commenters in favor of the rule amendments included representatives of the Texas State Association of Fire Fighters and DFW Airport Fire Department. The amendments are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to propose rules for the administration of its powers and duties; and Texas Government Code, sec.419.022, which provides the commission with authority to establish minimum training standards for fire protection personnel in advanced or specialized fire protection personnel positions. 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 October 26, 1995. TRD-9513958 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1997 Proposal publication date: September 8, 1995 For further information, please call: (512) 918-7184 Subchapter B. Minimum Standards for Aircraft Crash and Rescue Fire Protection Personnel 37 TAC sec.sec.423.205, 423.207, 423.209 The Texas Commission on Fire Protection adopts amendments to sec.sec.423.205, 423.207, and 423.209, concerning higher levels of aircraft fire protection personnel certification, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 7026). The justification for this section is that recognition of higher levels of certification with appropriate levels of training and experience will enable those persons holding such certifications to better serve local communities. The changes increase the years of experience for intermediate, advanced and master levels of certification from three, six, and nine years to four, eight, and 12 years, respectively. In addition, the National Fire Academy course requirements for intermediate and advanced levels are increased from 80 hours to 96 for Option #2, and from 40 hours to 48 hours for Option #3 to more closely align the classroom hours of NFA courses with college courses. The amendments will have a January 1, 1997, effective date. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to propose rules for the administration of its powers and duties; and Texas Government Code, sec.419.022, which provides the commission with authority to establish minimum training standards for fire protection personnel in advanced or specialized fire protection personnel positions. 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 October 26, 1995. TRD-9513959 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1997 Proposal publication date: September 8, 1995 For further information, please call: (512) 918-7184 Chapter 429. Minimum Standards for Fire Inspector 37 TAC sec.sec.429.5, 429.7, 429.9 The Texas Commission on Fire Protection adopts amendments to sec.sec.429.5, 429.7, and 429.9, concerning standards for intermediate, advanced, and master fire inspector certification, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 7027). The justification for this section is that recognition of higher levels of certification with appropriate levels of training and experience will enable those persons holding such certifications to better serve local communities. The changes increase the years of experience for intermediate, advanced and master levels of certification from three, six, and nine years to four, eight, and 12 years, respectively. In addition, the National Fire Academy course requirements for intermediate and advanced levels are increased from 80 hours to 96 for Option #2, and from 40 hours to 48 hours for Option #3 to more closely align the classroom hours of NFA courses with college courses. The amendments will have a January 1, 1997, effective date. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to propose rules for the administration of its powers and duties; and Texas Government Code, sec.419.022, which provides the commission with authority to establish minimum training standards for fire protection personnel in advanced or specialized fire protection personnel positions. 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 October 26, 1995. TRD-9513960 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1997 Proposal publication date: September 8, 1995 For further information, please call: (512) 918-7184 Chapter 431. Minimum Standards for Fire and Arson Investigator 37 TAC sec.sec.431.5, 431.7, 431.9 The Texas Commission on Fire Protection adopts amendments to sec.sec.431.5, 431.7, and 431.9, concerning standards for intermediate, advanced, and master fire and arson investigator certification, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 7028). The justification for this section is that recognition of higher levels of certification with appropriate levels of training and experience will enable those persons holding such certifications to better serve local communities. The changes increase the years of experience for intermediate, advanced and master levels of certification from three, six, and nine years to four, eight, and 12 years, respectively. In addition, the National Fire Academy course requirements for intermediate and advanced levels are increased from 80 hours to 96 for Option #2, and from 40 hours to 48 hours for Option #3 to more closely align the classroom hours of NFA courses with college courses. The amendments will have a January 1, 1997, effective date. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to propose rules for the administration of its powers and duties; and Texas Government Code, sec.419.022, which provides the commission with authority to establish minimum training standards for fire protection personnel in advanced or specialized fire protection personnel positions. 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 October 26, 1995. TRD-9513961 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1997 Proposal publication date: September 8, 1995 For further information, please call: (512) 918-7184 Chapter 437. Fees 37 TAC sec.437.3, sec.437.5 The Texas Commission on Fire Protection adopts amendments to sec.437.3 and sec.437.5, concerning certification fees and renewal fees, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 7028). The justification for this section is that provisions applicable to fees for renewal of certificates are clarified; so that "inactive" certificates will not be considered "expired" until the end of the certification period, and these rules are made consistent with statutory requirements for proficiency examinations. The change to sec.437.3 allows a department that employs an individual previously certified with a break in service of less than one year to certify the individual at any time within one year of employment, so long as the person's certificate has not been expired for more than one year. The change to sec.437.5 provides that an inactive certificate is not considered "expired" until the end of the certification period. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to propose rules for the administration of its powers and duties; Texas Government Code, sec.419.022(a)(5), which provides the commission with authority to set certification and renewal fees; and Texas Government Code, sec.419.026, which provides the commission with authority to establish standards for admission to employment as fire protection personnel. 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 October 26, 1995. TRD-9513962 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: November 20, 1995 Proposal publication date: September 8, 1995 For further information, please call: (512) 918-7184 Chapter 439. Examinations for Certification 37 TAC sec.sec.439.5, 439.7, 439.9, 439.15, 439.17 The Texas Commission on Fire Protection adopts amendments to sec.sec.439.5, 439.7, 439.9, 439.15, and 439.17, concerning examinations for fire protection personnel certification, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 7029). The justification for this section is that requirements and procedures for examinations will be more clearly understood and the public will be assured that performance skills of persons seeking original certification are adequate. The changes to sec.439.5 concerning definitions clarifies that tests may be written only, or include both a written portion and a performance skills portion. The change to sec.439.7 concerning procedures requires that a second attempt to pass the commission examination must be exercised within 180 days of the first failure or the examinee must requalify by repeating an approved curriculum applicable to the examination. The changes to sec.439.9 clarify prohibitions on communication of the contents of examinations to person preparing to take the examination. Specifically, it prohibits any person, not just examinees, from disclosing examination contents. Changes to sec.439.15 rename the section, amend the continuing education exemption for the skills test to require twenty hours of continuing education for each year the person's certificate has been inactive, not just the last three years, and clarifies in subsection (b)(3)(C) that "another jurisdiction" means "a state other than Texas or a military jurisdiction." Finally, sec.439.17 is renamed and amended to allow the continuing education exemption from the skills portion of the test for persons who have not been certified in a particular discipline only if it has been less than four years since an individual passed the performance skills portion of the examination for that discipline. Finally, the section is also amended to delete references to experience requirements for out-of-state or military applicants. The amendments have a proposed effective date of January 1, 1997. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopts rules for the administration of its powers and duties; and sec.419.032(b) , which provides the commission authority to adopt rules concerning basic certification examinations. 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 October 26, 1995. TRD-9513963 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1997 Proposal publication date: September 8, 1995 For further information, please call: (512) 918-7184 Chapter 471. Standards for Volunteer Certification 37 TAC sec.471.5 The Texas Commission on Fire Protection adopts an amendment to sec.471.5, concerning definitions, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 7030). The justification for the amendment to this section which deletes the definition of "training points" is that higher levels of certification requirements are streamlined and focused on professional fire protection courses delivered by colleges and the National Fire Academy (resident or field courses). The amendment to this section deletes the definition of "training points" made obsolete by proposed changes to other chapters that will discontinue the use of training points to determine eligibility for higher levels of certification. The amendment has a proposed December 1, 1995, effective date. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Government Code, sec.419.071, which provides the commission with authority to establish voluntary certification standards for volunteer fire fighters. 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 October 26, 1995. TRD-9513964 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: December 1, 1995 Proposal publication date: September 8, 1995 For further information, please call: (512) 918-7184 Chapter 473. Volunteer Fire Fighter 37 TAC sec.sec.473.3, 473.5, 473.7 The Texas Commission on Fire Protection adopts the repeal of sec.sec.473.3, 473.5, and 473.7, concerning minimum standards for intermediate, advanced, and master volunteer fire fighter certification, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 7031). The justification for this section is that higher levels of certification requirements are streamlined and focused on professional fire protection courses delivered by colleges and the NFA (resident and field courses). In addition, the new sections replacing the repealed sections allow more flexibility in scheduling of courses, particularly for colleges in rural areas of the state that offer courses on a three- or four-year rotation. The repealed sections are replaced by new sections dealing with the same subject matter. The repeals have a proposed December 1, 1995, effective date. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Government Code, sec.419.071, which provides the commission with authority to establish voluntary certification standards for volunteer fire fighters. 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 October 26, 1995. TRD-9513965 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: December 1, 1995 Proposal publication date: September 8, 1995 For further information, please call: (512) 918-7184 The Texas Commission on Fire Protection adopts new sec. sec.473.3, 473.5, and 473.7, concerning minimum standards for intermediate, advanced, and master volunteer fire fighter certification, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 7031). The justification for this section is that higher levels of certification requirements are streamlined and focused on professional fire protection courses delivered by colleges and the NFA (resident and field courses). In addition, the new sections allow more flexibility in scheduling of courses, particularly for colleges in rural areas of the state that offer courses on a three- or four-year rotation. The new sections replace repealed sections dealing with the same subject matter. The new sections discontinue the use of training points for determining eligibility for higher levels of certification as well as the balancing of length of experience with the amount of training points and/or education, and substitute experience requirements of three, six, and nine years for intermediate, advanced, and master certification levels, respectively. In addition, the new sections permit credit for any college fire science or fire technology course or NFA course, instead of requiring specific courses for specific levels. The new sections have a proposed December 1, 1995, effective date. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Government Code, sec.419.071, which provides the commission with authority to establish voluntary certification standards for volunteer fire fighters. 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 October 26, 1995. TRD-9513966 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: December 1, 1995 Proposal publication date: September 8, 1995 For further information, please call: (512) 918-7184 Chapter 476. Volunteer Fire Investigator 37 TAC sec.sec.476.5, 476.7, 476.9 The Texas Commission on Fire Protection adopts the repeal of sec.sec.476.5, 476.7, and 476.9, concerning standards for intermediate, advanced, and master volunteer fire investigator certification, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 7032). The justification for this section is that higher levels of certification requirements are streamlined and focused on professional fire protection courses delivered by colleges and the NFA (resident and field courses). In addition, the new sections allow more flexibility in scheduling of courses, particularly for colleges in rural areas of the state that offer courses on a three- or four-year rotation. The repealed sections are replaced by new sections dealing with the same subject matter. The repeals have a proposed December 1, 1995, effective date. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Government Code, sec.419.071, which provides the commission with authority to establish voluntary certification standards for volunteer fire fighters. 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 October 26, 1995. TRD-9513967 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: December 1, 1995 Proposal publication date: September 8, 1995 For further information, please call: (512) 918-7184 The Texas Commission on Fire Protection adopts new sec. sec.476.5, 476.7, and 476.9, concerning standards for intermediate, advanced, and master volunteer fire investigator certification, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 7033). The justification for this section is that higher levels of certification requirements are streamlined and focused on professional fire protection courses delivered by colleges and the NFA (resident and field courses). In addition, the new sections allow more flexibility in scheduling of courses, particularly for colleges in rural areas of the state that offer courses on a three- or four-year rotation. The new sections replace repealed sections dealing with the same subject matter. The new sections discontinue the use of training points for determining eligibility for higher levels of certification as well as the balancing of length of experience with the amount of training points and/or education, and substitute experience requirements of three, six, and nine years for intermediate, advanced, and master certification levels, respectively. In addition, the new sections permit credit for any college fire science or fire technology course or NFA course, instead of requiring specific courses for specific levels. The new sections will have a proposed December 1, 1995, effective date. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Government Code, sec.419.071, which provides the commission with authority to establish voluntary certification standards for volunteer fire fighters. 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 October 26, 1995. TRD-9513968 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: December 1, 1995 Proposal publication date: September 8, 1995 For further information, please call: (512) 918-7184 Chapter 478. Minimum Standards for Volunteer Fire Inspector 37 TAC sec.sec.478.5, 478.7, 478.9 The Texas Commission on Fire Protection adopts the repeal of sec.sec.478.5, 478.7, and 478.9, concerning minimum standards for intermediate, advanced, and master volunteer fire inspector certification, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 7034). The justification for this section is that higher levels of certification requirements are streamlined and focused on professional fire protection courses delivered by colleges and the NFA (resident and field courses). In addition, the new sections replacing the repealed sections allow more flexibility in scheduling of courses, particularly for colleges in rural areas of the state that offer courses on a three- or four-year rotation. The repealed sections are replaced by new sections dealing with the same subject matter. The repeals have a proposed December 1, 1995, effective date. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Government Code, sec.419.071, which provides the commission with authority to establish voluntary certification standards for volunteer fire fighters. 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 October 26, 1995. TRD-9513969 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: December 1, 1995 Proposal publication date: September 8, 1995 For further information, please call: (512) 918-7184 Chapter 478. Volunteer Fire Inspector 37 TAC sec.sec.478.5, 478.7, 478.9 The Texas Commission on Fire Protection adopts new sec. sec.478.5, 478.7, and 478.9, concerning standards for intermediate, advanced, and master volunteer fire inspector certification, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 7035). The justification for this section is that higher levels of certification requirements are streamlined and focused on professional fire protection courses delivered by colleges and the NFA (resident and field courses). In addition, the new sections allow more flexibility in scheduling of courses, particularly for colleges in rural areas of the state that offer courses on a three- or four-year rotation. The new sections replace repealed sections dealing with the same subject matter. The new sections discontinue the use of training points for determining eligibility for higher levels of certification as well as the balancing of length of experience with the amount of training points and/or education, and substitute experience requirements of three, six, and nine years for intermediate, advanced, and master certification levels, respectively. In addition, the new sections permit credit for any college fire science or fire technology course or NFA course, instead of requiring specific courses for specific levels. The new sections will have a proposed December 1, 1995, effective date. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Government Code, sec.419.071, which provides the commission with authority to establish voluntary certification standards for volunteer fire fighters. 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 October 26, 1995. TRD-9513970 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: December 1, 1995 Proposal publication date: September 8, 1995 For further information, please call: (512) 918-7184 Chapter 479. Examinations for Volunteer Fire Fighter Certification 37 TAC sec.sec.479.3, 479.5, 479.7 The Texas Commission on Fire Protection adopts the repeal of sec.sec.479.3, 479.5, and 479.7, concerning examinations for volunteer certification definitions, procedures, and eligibility, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 7036). The justification for this section is that the changes clarify the respective roles of approved training facilities and commission staff regarding determination of eligibility for examinations and promote uniformity in applying examination standards. The repealed sections are replaced with new sections dealing with the same subject matter. The repeals have a proposed effective date of December 1, 1995. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and sec.419.071, concerning certification examinations for volunteers. 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 October 26, 1995. TRD-9513971 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: December 1, 1995 Proposal publication date: September 8, 1995 For further information, please call: (512) 918-7184 The Texas Commission on Fire Protection adopts new sec. sec.479.3, 479.5, and 479.7, concerning examinations for volunteer certification definitions, procedures, and eligibility, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 7036). The justification for this section is that the changes clarify the respective roles of approved training facilities and commission staff regarding determination of eligibility for examinations and promote uniformity in applying examination standards. The new sections replace repealed sections dealing with the same subject matter. The changes to sec.479.3 add a new definition of "certificate of completion" furnished by the provider of training and modify the definition of "endorsement of eligibility" to be issued only by commission staff. The changes to sec.479.5 pertain to course approvals and certificates of completion. The changes to sec.479.7 require a certificate of completion in order to qualify for an examination, and reiterate that commission staff determine eligibility for an examination. The new sections have a proposed effective date of December 1, 1995. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and sec.419.071, concerning certification examinations for volunteers. 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 October 26, 1995. TRD-9513972 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: December 1, 1995 Proposal publication date: September 8, 1995 For further information, please call: (512) 918-7184 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 11. Food Distribution and Processing The Texas Department of Human Services (DHS) adopts amendments to sec.11. 103 and sec.11.6009, without changes to the proposed text as published in the September 15, 1995, issue of the Texas Register (20 TexReg 7268). The justification for the amendments is to clarify what constitutes acceptable documentation for contractors participating in the Special Nutrition Programs to demonstrate acceptable compliance with requirements of the Single Audit Act. The amendments also delete the requirement for a contractor to obtain a letter of engagement as proof of seeking an audit and replace it with the requirement for a contractor to submit a completed DHS Single Audit Identification Data form with the completed application package. The amendments will function by providing a simplified process for contractors to demonstrate compliance or intent to comply with the requirements of the Single Audit Act. No comments were received regarding adoption of the amendments. Food Distribution Program 40 TAC sec.11.103 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. 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 October 31, 1995. TRD-9514022 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: December 1, 1995 Proposal publication date: September 15, 1995 For further information, please call: (512) 438-3765 The Emergency Food Assistance Program (TEFAP) 40 TAC sec.11.6009 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. 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 October 31, 1995. TRD-9514023 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: December 1, 1995 Proposal publication date: September 15, 1995 For further information, please call: (512) 438-3765 Chapter 12. Special Nutrition Programs The Texas Department of Human Services (DHS) adopts amendments to sec.sec.12. 3, 12.103, 12.205, 12.305, 12.312, 12.405, and 12.412, without changes to the proposed text as published in the September 15, 1995, issue of the Texas Register (20 TexReg 7269). The justification for the amendments is to clarify what constitutes acceptable documentation for contractors participating in the Special Nutrition Programs to demonstrate acceptable compliance with requirements of the Single Audit Act. The amendments delete the requirement for a contractor to obtain a letter of engagement as proof of seeking an audit and replace it with the requirement for a contractor to submit a completed DHS Single Audit Identification Data form with the completed application package. The amendments will function by providing a simplified process for contractors to demonstrate compliance or intent to comply with the requirements of the Single Audit Act. No comments were received regarding adoption of the amendments. Child and Adult Care Food Program 40 TAC sec.12.3 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. 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 October 31, 1995. TRD-9514024 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: December 1, 1995 Proposal publication date: September 15, 1995 For further information, please call: (512) 450-3765 Summer Food Service Program 40 TAC sec.12.103 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. 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 October 31, 1995. TRD-9514025 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: December 1, 1995 Proposal publication date: September 15, 1995 For further information, please call: (512) 450-3765 Special Milk Program 40 TAC sec.12.205 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. 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 October 31, 1995. TRD-9514026 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: December 1, 1995 Proposal publication date: September 15, 1995 For further information, please call: (512) 450-3765 School Breakfast Program 40 TAC sec.12.305, sec.12.312 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. 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 October 31, 1995. TRD-9514027 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: December 1, 1995 Proposal publication date: September 15, 1995 For further information, please call: (512) 450-3765 National School Lunch Program 40 TAC sec.12.405, sec.12.412 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. 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 October 31, 1995. TRD-9514028 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: December 1, 1995 Proposal publication date: September 15, 1995 For further information, please call: (512) 450-3765 TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 17. Vehicles Titles and Registration Miscellaneous Registration Provisions 43 TAC sec.sec.17.56, 17.60-17.65, 17.67-17.75 The Texas Department of Transportation adopts the repeal of sec.sec.17.56, 17. 60-17.65, and 17.67-17.75, concerning obligations of motor vehicle dealers and manufacturers regarding registration and business operations, without changes to the proposed text as published in the September 8, 1995, issue of the Texas Register (20 TexReg 7051). The repeal of these sections is necessary to comply with the provisions of Senate Bill 1139, 74th Legislature, 1995, which amended Texas Civil Statutes, Article 6686, to transfer regulatory authority of motor vehicle dealers and manufacturers registration and business operations from the Texas Transportation Commission to the Texas Motor Vehicle Board. A comment deadline of October 10, 1995, was published and no comments were received regarding adoption of the repeals. The repeals are adopted under the Transportation Code, sec.201.101, which provides 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 Senate Bill 1139, 74th Legislature, 1995, which amended Texas Civil Statutes, Article 6686 and transferred the regulatory authority of motor vehicle dealers and manufacturers registration and business operations from the Texas Transportation Commission to the Texas Motor Vehicle 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 legal authority. Issued in Austin, Texas, on October 31, 1995. TRD-9514122 Robert E. Shaddock General Counsel Texas Department of Transportation Effective date: November 22, 1995 Proposal publication date: September 8, 1995 For further information, please call: (512) 463-8630