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 95. Uniform Commercial Code The Office of the Secretary of State adopts the repeal of sec.sec.95.1-95.5, concerning General Information and Correspondence, sec.sec.95.31-95.35, concerning Acceptance, sec.95.41 and sec.95.42, concerning Information Requests, sec.95.51, concerning Standard Forms, and sec.95.61 and sec.95.62, concerning Rejection; and adopts new sec.sec.95.1-95.5, concerning General Information and Correspondence, sec.sec.95.31-95.36, concerning Filing, sec.95.41, concerning Information Requests, sec.95.51, concerning Standard Forms, and sec.95.61 and sec.95.62, concerning Rejection, with changes to the proposed text as published in the March 1, 1996, issue of the Texas Register (21 TexReg 1640). The repeals are adopted without changes and will not be republished. The purpose of the new sections is to more accurately reflect current filing policies and procedures due to legislative changes and automation of the filing procedure. The new sections provide current filing policies and procedures for the Uniform Commercial Code Section. No comments were received regarding adoption of the new sections. General Information and Correpsondence 1 TAC sec.sec.95.1-95.5 The repeals are adopted under the Texas Business and Commerce Code, sec.sec.9. 401-9.412; Texas Business and Commerce Code, sec.sec.35.01-35.09; and Texas Property Code, sec.sec.14.001-14.007, which provides the Secretary of State with the authority to adopt rules necessary to administer Texas Business and Commerce Code, Chapter 9, Subchapter D; Chapter 35, Subchapter A, Miscellaneous; and Uniform Federal Lien Registration Act, Chapter 14. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on April 19, 1996. TRD-9605696 Clark Kent Irvin Assistant Secretary of State Office of the Secretary of State Effective date: May 10, 1996 Proposal publication date: March 1, 1996 For further information, please call: (512) 463-5701 The new sections are adopted under the Texas Business and Commerce Code, sec.sec.9.401-9.412; Texas Business and Commerce Code, sec.sec.35.01-35.09 and Texas Property Code, sec. sec.14.001-14.007, which provides the Secretary of State with the authority to adopt rules necessary to administer Texas Business and Commerce Code, Chapter 9, Subchapter D; Chapter 35, Subchapter A, Miscellaneous, and Uniform Federal Lien Registration Act, Chapter 14. sec.95.1. All Communications to be Addressed to the Secretary of State of Texas ("Agency"). All financing statements and other documents intended for the Uniform Commercial Code Section must be addressed to the Office of the Secretary of State, Uniform Commercial Code Section, PO Box 13193, Austin, Texas 78711- 3193. When appropriate, a transmittal may be marked for the attention of the director or a particular clerk. sec.95.2. Nature of Correspondence. Correspondence with the Agency comprises: (1) Correspondence relating to services and facilities of the office, such as general inquiries, requests for publications supplied by the office, requests for copies of filings, requests for search certificates, transmission of financing statements, financing statement changes, and related documents; and (2) Correspondence relating to a particular filing or other proceeding in the office. sec.95.3. Identification of Rejected Item and Filed Financing Statement. An inquiry relating to a document which has been submitted for filing, but has not been accepted for filing pursuant to sec.sec.95.31-95.36 of this title (relating to Uniform Commercial Code), should identify the document, the name of the remitter and the debtor. An inquiry relating to a filed financing statement should identify such statement by the name of the debtor and by the financing statement number. sec.95.4. Receipt of Transmittals and Papers. Transmittals and other papers received in the Agency are stamped with the date of receipt. No papers are received in the Agency on Saturdays, Sundays, or legal holidays. sec.95.5. Filing Date and Time. All documents received by public or private mail courier will, if accepted, be filed as of 8:00 a.m. of the date of receipt, as indicated in sec.95.4 of this title (relating to Receipt of Transmittals and Papers). All documents received other than by mail will be filed as of the date and time presented for filing with tender of the fee and acceptance by the Agency. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on April 19, 1996. TRD-9605500 Clark Kent Irvin Assistant Secretary of State Office of the Secretary of State Effective date: May 10, 1996 Proposal publication date: March 1, 1996 For further information, please call: (512) 463-5701 Acceptance 1 TAC sec.sec.95.31-95.35 The repeals are adopted under the Texas Business and Commerce Code, sec.sec.9. 401-9.412; Texas Business and Commerce Code, sec.sec.35.01-35.09; and Texas Property Code, sec.sec.14.001-14.007, which provides the Secretary of State with the authority to adopt rules necessary to administer Texas Business and Commerce Code, Chapter 9, Subchapter D; Chapter 35, Subchapter A, Miscellaneous; and Uniform Federal Lien Registration Act, Chapter 14. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on April 19, 1996. TRD-9605697 Clark Kent Irvin Assistant Secretary of State Office of the Secretary of State Effective date: May 10, 1996 Proposal publication date: March 1, 1996 For further information, please call: (512) 463-5701 point=12.05p set=12.05p Filing 278>1 TAC sec.sec.95.31-95.36 The new sections are adopted under the Texas Business and Commerce Code, sec.sec.9.401-9.412; Texas Business and Commerce Code, sec.sec.35.01-35.09 and Texas Property Code, sec. sec.14.001-14.007, which provides the Secretary of State with the authority to adopt rules necessary to administer Texas Business and Commerce Code, Chapter 9, Subchapter D; Chapter 35, Subchapter A, Miscellaneous, and Uniform Federal Lien Registration Act, Chapter 14. sec.95.31. Financing Statement and Related Document. (a) The Agency does not determine legal sufficiency, authenticity, or effectiveness as a prerequisite for filing and will accept any document presented for filing if: (1) the document is identifiable as a Uniform Commercial Code financing statement, related document or other document statutorily required to be filed within the Agency's Uniform Commercial Code filing system as if it were a financing statement or related statement; (2) there is sufficient identification of parties to insure proper indexing (names must be legibly given); (3) the original financing statement number is given on the financing statement change and a separate financing statement change form is submitted for each financing statement; (4) termination statements identify all secured parties of record. A termination will effectively remove the financing statement from the Agency's filing system index. One or more of multiple secured parties of record may remove their name from a financing statement record by filing a financing statement change to effect a total release; and (5) there is tender of the entire filing fee. (b) Upon acceptance, the Agency will stamp each financing statement or related statement with a serial file number, date, and time of filing. (c) Acknowledgments for filings received by mail will be mailed to the party designated for return copy unless a self-addressed envelope indicating another addressee is provided. Filings presented in person will be acknowledged in writing by the Agency at time of presentation. sec.95.32. Master Assignment and Amendment. Master assignment or amendment can be accomplished by filing a financing statement change form which includes specific filing information along with necessary indexing information in computer readable form. Master filing instructions may be obtained upon request from the Office of the Secretary of State, Uniform Commercial Code Section, P.O. Box 13193, Austin, Texas 78711-3193. Master assignments or amendments will be processed if: (1) the financing statement change form includes an exhibit listing all financing statement numbers subject to assignment or amendment along with the name of the secured party of record for each filing. The list must be sorted ascending or descending by file number; (2) the computer readable form identifies the financing statement number, secured party, and transaction type for all records subject to assignment or amendment. Assignment or amendment will be processed for only those records within a master filing that constitute an exact secured party match. Assignment or amendment will not be processed for records within a master filing that do not exactly match the name of the secured party of record maintained by the Agency. If secured party names do not match for one or more financing statement records, an exception report will be provided that indicates the secured party of record names contained in the Agency's index for the referenced financing statements for which specific assignments or amendments have been rejected; and (3) there is tender of the entire required filing fee. sec.95.33. Utility Security Instrument. (a) A utility security agreement presented to the Agency for filing will be accepted if: (1) its title page conspicuously states: "This Instrument Grants a Security Interest By A Utility;" (2) there is tender of the entire required fee; and (3) there is sufficient identification of the parties to insure proper indexing (the name and address of the utility must be legibly given). (b) Upon acceptance, the Agency will stamp each utility security instrument with a serial file number, the date, and hour of filing. (c) A duplicate original or copy must be submitted if an acknowledgment of filing is desired. Acknowledgment will be returned to the remitter. sec.95.34. Utility Security Instruments Supplementary or Amendatory, and Statement of Name Change, Merger, or Consolidation. (a) A security instrument supplementary or amendatory, and statement of name change, merger, or consolidation presented to the Agency for filing will be accepted if: (1) there is sufficient identification of the parties to insureproper indexing. All names and addresses must be legibly given. (2) the file number of the original security instrument together with the name of the utility after the name change, merger, or consolidation must be given on the title page of all statements of name change, merger, and consolidation; (3) there is tender of the entire required fee. (b) the file number of the original security instrument must be given on the title page of related supplementary or amendatory instruments and a separate statement must be submitted for each security instrument. Supplemental or amendatory instruments will be filed by the Agency as new original security instruments when such statements do not cite an original security instrument file number on the title page; and (c) Upon acceptance, the Agency will stamp each instrument or statement with a serial amendment file number, the date and hour of filing. (d) A duplicate original or copy must be submitted if an acknowledgment of filing is desired. Acknowledgment will be returned to the remitter. sec.95.35. Federal Lien. (a) A federal lien will be accepted for filing by the Agency if: (1) there is sufficient identification of parties to insure proper indexing (names must be clearly and legibly given); (2) the original file number assigned by the Agency is given on related notices or certificates defined by Property Code, sec.14.004(a)(b). Related notices or certificates not defined in Property Code, sec.14.004(a)(b) will be filed as if the notice or certificate were an amendment under the Uniform Commercial Code. A separate notice or certificate form is submitted for each federal lien; and (3) there is tender of the entire required fee. (b) Upon acceptance, the Agency will stamp each federal lien with a serial file number, the date, and hour of filing. (c) A duplicate original or copy must be submitted if an acknowledgment of filing is desired. Acknowledgment will be returned to the remitter. (d) Federal liens will only be released by the Agency upon filing of a certificate of release or nonattachment. sec.95.36. Electronic Data Interchange. (a) The Agency adopts ASC X12 154, an electronic data interchange standard promulgated by the American National Standards Institute, as the exclusive form for electronic transmission of Uniform Commercial Code financing statements and related documents to the Agency. (b) The Agency publishes an implementation guide (the "Guide") prescribing filing conventions and manner of use of ASC X12 154 for the electronic filing of Uniform Commercial Code documents with the Agency. The Guide may be obtained upon request from the Office of the Secretary of State, Uniform Commercial Code Section, P.O. Box 13193, Austin, Texas 78711-3193. (1) The Guide identifies the types of Uniform Commercial Code documents that the Agency accepts by means of ANSI X12 154. (2) The Guide prescribes, for electronic filing, the manner of transmission of all information contained in a financing statement, related document, request for information, and other information required to fulfill Agency responsibilities under the Uniform Commercial Code. (c) In an ASC X12 154 document presented to the Agency for filing, the PER segment is available for the transmission of a signature or symbol adopted by the appropriate debtor or secured party. (d) Electronic filing with the Agency may be authorized upon completion of: (1) execution of a trading partner agreement as prescribed by the Agency; and (2) a successful test transmission as prescribed by the Agency. (e) ASC X12 154 financing statements or related documents are subject to the standard form filing fees prescribed by the Uniform Commercial Code. Additional debtor name indexing fees will not be assessed for ASC X12 154 financing statements. (f) Documents received by the Agency will be processed on a first-in-first-out basis. If accepted, documents will be filed as of the date and time of processing by the Agency. (g) The Agency follows generally accepted rules and procedures related to the storage, backup, and access of electronic records to prevent unauthorized access and alteration of records. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on April 19, 1996. TRD-9605501 Clark Kent Irvin Assistant Secretary of State Office of the Secretary of State Effective date: May 10, 1996 Proposal publication date: March 1, 1996 For further information, please call: (512) 463-5701 Information Requests 1 TAC sec.95.41, sec.95.42 The repeals are adopted under the Texas Business and Commerce Code, sec.sec.9. 401-9.412; Texas Business and Commerce Code, sec.sec.35.01-35.09; and Texas Property Code, sec.sec.14.001-14.007, which provides the Secretary of State with the authority to adopt rules necessary to administer Texas Business and Commerce Code, Chapter 9, Subchapter D; Chapter 35, Subchapter A, Miscellaneous; and Uniform Federal Lien Registration Act, Chapter 14. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on April 19, 1996. TRD-9605698 Clark Kent Irvin Assistant Secretary of State Office of the Secretary of State Effective date: May 10, 1996 Proposal publication date: March 1, 1996 For further information, please call: (512) 463-5701 1 TAC sec.95.41 The new section is adopted under the Texas Business and Commerce Code, sec.sec.9.401-9.412; Texas Business and Commerce Code, sec.sec.35.01-35.09 and Texas Property Code, sec.sec.14.001-14.007, which provides the Secretary of State with the authority to adopt rules necessary to administer Texas Business and Commerce Code, Chapter 9, Subchapter D; Chapter 35, Subchapter A, Miscellaneous, and Uniform Federal Lien Registration Act, Chapter 14. sec.95.41. Certificate and Copies. (a) Upon request, the Agency will issue a certificate on any debtor showing the date and time of filing of any presently effective financing statements and related documents, federal liens, utility security instruments, and other documents statutorily required to be filed in the Agency's Uniform Commercial Code filing system. A complete address, including city and state, is required for a certificate request on a personal debtor name. (b) Certified or uncertified copies of any presently effective filings may also be requested. The fee for furnishing certified or uncertified copies of documents shall be in accordance with the Uniform Commercial Code, sec.9. 407(b) and the Texas Government Code, sec.405.031, except where the uncertified copies are made by the person requesting the documents. The fee for uncertified copies of documents made by the person requesting the documents shall be in accordance with fees established by the General Services Commission under Texas Civil Statutes, Article 6252-17a. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on April 19, 1996. TRD-9605502 Clark Kent Irvin Assistant Secretary of State Office of the Secretary of State Effective date: May 10, 1996 Proposal publication date: March 1, 1996 For further information, please call: (512) 463-5701 Standard Forms 1 TAC sec.95.51 The repeal is adopted under the Texas Business and Commerce Code, sec.sec.9. 401-9.412; Texas Business and Commerce Code, sec.sec.35.01-35.09; and Texas Property Code, sec.sec.14.001-14.007, which provides the Secretary of State with the authority to adopt rules necessary to administer Texas Business and Commerce Code, Chapter 9, Subchapter D; Chapter 35, Subchapter A, Miscellaneous; and Uniform Federal Lien Registration Act, Chapter 14. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on April 19, 1996. TRD-9605699 Clark Kent Irvin Assistant Secretary of State Office of the Secretary of State Effective date: May 10, 1996 Proposal publication date: March 1, 1996 For further information, please call: (512) 463-5701 The new section is adopted under the Texas Business and Commerce Code, sec.sec.9.401-9.412; Texas Business and Commerce Code, sec.sec.35.01-35.09 and Texas Property Code, sec.sec.14.001-14.007, which provides the Secretary of State with the authority to adopt rules necessary to administer Texas Business and Commerce Code, Chapter 9, Subchapter D; Chapter 35, Subchapter A, Miscellaneous, and Uniform Federal Lien Registration Act, Chapter 14. sec.95.51. Prescribed Form. (a) The Agency has prescribed forms for the financing statement, Form UCC-1, the financing statement change, Form UCC-3, and the request for information, Form UCC-11, for use with the Agency and county clerks of Texas. Use of standard forms entitles the filer to assessment of the standard form filing fee as prescribed by the Uniform Commercial Code. (1) Specifications pertaining to the prescribed forms or a list of approved printers and form suppliers may be obtained by writing to the Office of the Secretary of State, Uniform Commercial Code Section, P.O. Box 13193, Austin, Texas 78711-3193. (2) Prior permission to print prescribed forms must be obtained in writing from the Agency. A printer must submit five forms of each type to the Agency for examination. Within 30 days of receipt of such forms, the Agency will transmit to the printer written notification of the results of the examination. Such notification will grant permission to print forms or express the reasons for refusal to grant permission. (3) Where a printer produces forms with a name other than that of the approved printer in the bottom right corner, the printer must notify the Agency in writing of such name(s) and include a sample form for each name(s). If these entities sell forms, the printer must inform the Agency that the entity is a supplier and give the supplier's business address and telephone number for inclusion on the Agency supplier list. (4) The Agency will notify approved printers of any revisions which must be made to the prescribed forms. Printers must submit five revised forms of each type to the Agency for examination. Within 30 days of receipt of the revised forms, the Agency will transmit written notification of the results of the examination. The notification will grant permission to print forms or express the reasons for refusal to grant permission. (5) The Agency may suspend permission to print forms at any time for failure to comply with this section or failure to maintain compliance with form specifications. (b) When labels or any other medium are affixed to the face of a standard form or additional pages are attached to the prescribed form or when any other form is used, the form will be subject to the nonstandard form filing fee. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on April 19, 1996. TRD-9605503 Clark Kent Irvin Assistant Secretary of State Office of the Secretary of State Effective date: May 10, 1996 Proposal publication date: March 1, 1996 For further information, please call: (512) 463-5701 Rejection 1 TAC sec.95.61, sec.95.62 The repeals are adopted under the Texas Business and Commerce Code, sec.sec.9. 401-9.412; Texas Business and Commerce Code, sec.sec.35.01-35.09; and Texas Property Code, sec.sec.14.001-14.007, which provides the Secretary of State with the authority to adopt rules necessary to administer Texas Business and Commerce Code, Chapter 9, Subchapter D; Chapter 35, Subchapter A, Miscellaneous; and Uniform Federal Lien Registration Act, Chapter 14. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on April 19, 1996. TRD-9605700 Clark Kent Irvin Assistant Secretary of State Office of the Secretary of State Effective date: May 10, 1996 Proposal publication date: March 1, 1996 For further information, please call: (512) 463-5701 The new sections are adopted under the Texas Business and Commerce Code, sec.sec.9.401-9.412; Texas Business and Commerce Code, sec.sec.35.01-35.09 and Texas Property Code, sec. sec.14.001-14.007, which provides the Secretary of State with the authority to adopt rules necessary to administer Texas Business and Commerce Code, Chapter 9, Subchapter D; Chapter 35, Subchapter A, Miscellaneous, and Uniform Federal Lien Registration Act, Chapter 14. sec.95.61. Documents to be Returned. All documents not accepted pursuant to sec.sec.95.31-95.36 of this title (relating to Uniform Commercial Code) will be returned to the remitter with a notice stating the cause for rejection. sec.95.62. Information Requests to be Returned. All information requests not accepted pursuant to sec.95.41 of this title (relating to Certificate and Copies) will be returned to the requesting party with a notice stating the cause for rejection. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on April 19, 1996. TRD-9605504 Clark Kent Irvin Assistant Secretary of State Office of the Secretary of State Effective date: May 10, 1996 Proposal publication date: March 1, 1996 For further information, please call: (512) 463-5701 TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 49. Internal Operations Contracts 19 TAC sec.49.1, sec.49.4 The Texas Education Agency (TEA) adopts the repeal of sec.49.1 and sec.49.4, concerning TEA internal operations, without changes to the proposed text as published in the February 2, 1996, issue of the Texas Register (21 TexReg 729). The sections establish definitions, requirements, and procedures related to nondiscrimination and the agency sick leave pool. The repeals are necessary to comply with the sunset review process mandated by Senate Bill 1, 74th Texas Legislature, 1995. No comments have been received regarding adoption of the repeals. The repeals are adopted under the Texas Education Code, sec.7.102, which authorizes the State Board of Education to review specified TEA rules. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605347 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: May 8, 1996 Proposal publication date: February 2, 1996 For further information, please call: (512) 463-9701 Chapter 53. Regional Education Service Centers The Texas Education Agency (TEA) adopts the repeal of sec. sec.53.1-53.3, 53. 21-53.25, and 53.71-53.74, concerning regional education service centers (RESCs), without changes to the proposed text as published in the March 12, 1996, issue of the Texas Register (21 TexReg 1951). The sections establish definitions, requirements, and procedures related to RESC operations, including: authorization, location, and administration of RESCs; services provided to member schools; and information systems. The repeals are necessary to comply with the sunset review process mandated by Senate Bill 1, 74th Texas Legislature, 1995. A new Chapter 53 is adopted in a separate submission. No comments have been received regarding adoption of the repeals. Subchapter A. Authorization 19 TAC sec.sec.53.1-53.3 The repeals are adopted under the Texas Education Code, sec.7.102, which authorizes the State Board of Education to review specified TEA rules. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605348 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: September 1, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 463-9701 Subchapter B. Administration and Operation 19 TAC sec.sec.53.21-53.25 The repeals are adopted under the Texas Education Code, sec.7.102, which authorizes the State Board of Education to review specified TEA rules. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605349 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: September 1, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 463-9701 Subchapter D. Information Systems 19 TAC sec.sec.53.71-53.74 The repeals are adopted under the Texas Education Code, sec.7.102, which authorizes the State Board of Education to review specified TEA rules. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605350 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: September 1, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 463-9701 19 TAC sec.53.1 The Texas Education Agency (TEA) adopts new sec.53.1, concerning regional education service centers (RESCs), without changes to the proposed text as published in the February 2, 1996, issue of the Texas Register (21 TexReg 1952). The section specifies procedures for electing members of RESC boards of directors and for filling the unexpired term of an RESC board member. The new section is adopted as part of the sunset review process mandated by Senate Bill 1, 74th Texas Legislature, 1995. The repeal of current Chapter 53 is adopted in a separate submission. No comments have been received regarding adoption of the new section. The new section is adopted under the Texas Education Code, sec.8.003(b), which authorizes the State Board of Education to adopt uniform rules to provide for the local selection, appointment, and continuity of membership of RESC boards of directors. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605351 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: September 1, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 463-9701 Chapter 61. School Districts The Texas Education Agency (TEA) adopts the repeal of sec. sec.61.11, 61.21, 61.30, 61.31, 61.41, 61.43, 61.45, 61.47, 61.49, 61.51, 61.53, 61.63, 61.71-61. 73, 61.91-61.94, and 61.101-61.104, concerning school district operations, without changes to the proposed text as published in the February 2, 1996, issue of the Texas Register (21 TexReg 729). The sections establish definitions, requirements, and procedures related to: paperwork; year-round schools; waivers and exemptions; the pupil relationship; tuition and fees; boards of trustees; mineral leases; emergency facility grant funds; and school facilities standards. The repeals are necessary to comply with the sunset review process mandated by Senate Bill 1, 74th Texas Legislature, 1995. New sec.61.2, concerning military reservation school districts, is adopted in a separate submission to replace current sec.61.63. New Chapter 61, Subchapter B, concerning school facilities standards, is adopted in a separate submission to replace current Chapter 61, Subchapter H. New sec.61.1041, concerning missing child prevention and identification programs, is adopted under the authority of the commissioner of education in a separate submission to replace current sec.61.45. No comments have been received regarding adoption of the repeals. Subchapter A. Board of Trustees Relationship 19 TAC sec.61.11, sec.61.21 The repeals are adopted under the Texas Education Code, sec.7.102, which authorizes the State Board of Education to review specified TEA rules. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605352 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: September 1, 1996 Proposal publication date: February 2, 1996 For further information, please call: (512) 463-9701 Subchapter B. Waivers and Exemptions 19 TAC sec.61.30, sec.61.31 The repeals are adopted under the Texas Education Code, sec.7.102, which authorizes the State Board of Education to review specified TEA rules. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605353 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: September 1, 1996 Proposal publication date: February 2, 1996 For further information, please call: (512) 463-9701 Subchapter C. Pupil Relationship 19 TAC sec.sec.61.41, 61.43, 61.45, 61.47, 61.49 The repeals are adopted under the Texas Education Code, sec.7.102, which authorizes the State Board of Education to review specified TEA rules. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605354 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: September 1, 1996 Proposal publication date: February 2, 1996 For further information, please call: (512) 463-9701 Subchapter D. Tuition and Fees 19 TAC sec.61.51, sec.61.53 The repeals are adopted under the Texas Education Code, sec.7.102, which authorizes the State Board of Education to review specified TEA rules. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605355 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: September 1, 1996 Proposal publication date: February 2, 1996 For further information, please call: (512) 463-9701 Subchapter E. Board of Trustees Relationship 19 TAC sec.61.63 The repeal is adopted under the Texas Education Code, sec.7.102, which authorizes the State Board of Education to review specified TEA rules. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605356 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: September 1, 1996 Proposal publication date: February 2, 1996 For further information, please call: (512) 463-9701 Subchapter F. Other Resources 19 TAC sec.sec.61.71-61.73 The repeals are adopted under the Texas Education Code, sec.7.102, which authorizes the State Board of Education to review specified TEA rules. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605357 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: September 1, 1996 Proposal publication date: February 2, 1996 For further information, please call: (512) 463-9701 Subchapter G. School Facilities Emergency Facility Grant Funds 19 TAC sec.sec.61.91-61.94 The repeals are adopted under the Texas Education Code, sec.7.102, which authorizes the State Board of Education to review specified TEA rules. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605358 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: September 1, 1996 Proposal publication date: February 2, 1996 For further information, please call: (512) 463-9701 Subchapter H. School Facilities Standards 19 TAC sec.sec.61.101-61.104 The repeals are adopted under the Texas Education Code, sec.7.102, which authorizes the State Board of Education to review specified TEA rules. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605359 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: September 1, 1996 Proposal publication date: February 2, 1996 For further information, please call: (512) 463-9701 Chapter 61. School Districts The Texas Education Agency (TEA) adopts new sec.sec.61.2 and 61.11-61.14, concerning school district operations, without changes to the proposed text as published in the February 2, 1996, issue of the Texas Register (21 TexReg 731). Section 61.2 establishes a uniform process for selecting nominees for military school reservation district trustees. This section is adopted to replace current sec.61.63, the repeal of which is adopted in a separate submission. Sections 61.11-61.14 establish standards related to the adequacy of school facilities. These sections, which constitute Chapter 61, Subchapter B, are adopted to replace current Chapter 61, Subchapter H, the repeal of which is adopted in a separate submission. The new sections are necessary to ensure consistency in the process of selecting nominees for military school reservation district trustees and to ensure that school facilities construction will meet consistent requirements for adequacy. The new sections in this submission are adopted as part of the sunset review process mandated by Senate Bill 1, 74th Texas Legislature, 1995. Adopted new sec.61.2 contains the following changes to current sec.61.63. Cross-references to the Texas Education Code were updated. Editorial corrections were made to clarify the text. Finally, language was added to require that a majority of the trustees appointed to the school district board of trustees be civilian. Subchapter A. Board of Trustees Relationship 19 TAC sec.61.2 The only changes to current Chapter 61, Subchapter H, contained in adopted new Chapter 61, Subchapter B, are updated cross-references to the Texas Administrative Code, Title 19. No comments have been received regarding adoption of the new sections. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605360 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: September 1, 1996 Proposal publication date: February 2, 1996 For further information, please call: (512) 463-9701 Subchapter B. School Facilities Standards 19 TAC sec.sec.61.11-61.14 The new sections are adopted under the Texas Education Code, sec.42.352, which directs the State Board of Education to establish standards for adequacy of school facilities. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605361 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: September 1, 1996 Proposal publication date: February 2, 1996 For further information, please call: (512) 463-9701 Subchapter AA. Commissioner's Rules County Education Districts 19 TAC sec.61.1001 The Texas Education Agency (TEA) adopts an amendment to sec.61.1001, concerning county education districts (CEDs), without changes to the proposed text as published in the February 2, 1996, issue of the Texas Register (21 TexReg 734). The section establishes definitions, requirements, and procedures related to managing the assets, liabilities, and records of former CEDs. The amendment is necessary to delete obsolete provisions of the section concerning outdated time lines for certain activities. No comments were received regarding adoption of the amendment. The amendment is adopted under Senate Bill 7, sec.4.15, 73rd Texas Legislature, 1993, which authorizes the commissioner of education to adopt rules as necessary to implement statutory requirements concerning abolition of CEDs. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605362 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: May 8, 1996 Proposal publication date: February 2, 1996 For further information, please call: (512) 463-9701 19 TAC sec.61.1002 The Texas Education Agency (TEA) adopts the repeal of sec.61.1002, concerning county education districts (CEDs), without changes to the proposed text as published in the February 2, 1996, issue of the Texas Register (21 TexReg 735). Senate Bill 7, 73rd Texas Legislature, 1993, abolished the system of CEDs. Currently, sec.61.1002, prescribes the form of a notice a school district may publish explaining the conversion from CED taxes. The repeal is necessary to delete this obsolete form, which school districts were authorized to publish during the 1993-1994 school year. No comments were received regarding adoption of the repeal. The repeal is adopted under Senate Bill 7, sec.4.15, 73rd Texas Legislature, 1993, which authorizes the commissioner of education to adopt rules as necessary to implement statutory requirements concerning abolition of CEDs. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605363 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: May 8, 1996 Proposal publication date: February 2, 1996 For further information, please call: (512) 463-9701 Subchapter DD. Commissioner's Rules Concerning Missing Child Prevention and Identification Programs 19 TAC sec.61.1041 The Texas Education Agency (TEA) adopts new sec.61.1041, concerning missing child prevention and identification programs, without changes to the proposed text as published in the February 2, 1996, issue of the Texas Register (21 TexReg 736). The section establishes requirements and procedures related to the disposition of fingerprints and photographs made in compliance with the Texas Education Code, Chapter 33, Subchapter C. The new section is adopted to replace current sec.61.45, which is adopted for repeal in a separate submission to comply with the sunset review process mandated by Senate Bill 1, 74th Texas Legislature, 1995. Senate Bill 1 transferred rulemaking authority related to this topic from the State Board of Education to TEA. Adopted new sec.61.1041 contains the following changes to current sec.61.45. Cross-references to the Texas Education Code were updated, and editorial corrections were made to clarify the text. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Education Code, sec.33.057, which directs TEA to adopt rules relating to the destruction of fingerprints and photographs made or kept under the Texas Education Code, Chapter 33, Subchapter C. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605364 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: September 1, 1996 Proposal publication date: February 2, 1996 For further information, please call: (512) 463-9701 Chapter 63. Student Services 19 TAC sec.sec.63.11, 63.21, 63.22 The Texas Education Agency (TEA) adopts the repeal of sec. sec.63.11, 63.21, and 63.22, concerning student services, without changes to the proposed text as published in the February 2, 1996, issue of the Texas Register (21 TexReg 736). The sections establish definitions, requirements, and procedures related to library media programs, school-community guidance centers, and attendance services. The repeals are necessary to comply with the sunset review process mandated by Senate Bill 1, 74th Texas Legislature, 1995. No comments have been received regarding adoption of the repeals. The repeals are adopted under the Texas Education Code, sec.7.102, which authorizes the State Board of Education to review specified TEA rules. The repeals implement the Texas Education Code, sec.7.102. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605365 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: May 8, 1996 Proposal publication date: February 2, 1996 For further information, please call: (512) 463-9701 Chapter 105. Foundation School Program Subchapter AA. Commissioner's Rules Concerning Optional Extended Year Program 19 TAC sec.105.1001 The Texas Education Agency (TEA) adopts new sec.105.1001, concerning optional extended year programs, with changes to the proposed text as published in the February 2, 1996, issue of the Texas Register (21 TexReg 741). The new section establishes requirements and procedures related to applying for optional extended year program funds, including eligibility and funding criteria. The section is necessary to provide for consistent administration of the grant program. The program will help reduce and ultimately eliminate retention of students in kindergarten through Grade 8. The change to sec.105.1001(b)(1) corrects an editorial error by replacing the word "number" with the word "percentage." This change clarifies the formula for determining priority for program funding. The following comments have been received regarding adoption of the new rule. Comment. The Equity Center, Grandview ISD, Killeen ISD, and Waskom ISD expressed concern that the rule would make low wealth districts send part of their state compensatory education funds to high wealth districts in order to distribute funds for the optional extended year program. Agency Response. The reduction in compensatory education funds is not borne solely by poor districts. The reduction in the compensatory education student count will impact all districts equally. The TEA has complied with the extended year statute, which requires the commissioner to give priority to applications for extended year programs received from districts with high concentrations of educationally disadvantaged students. The legislature clearly intended for extended year to be a need-based program, as measured by the concentration of free and reduced price lunch students. There is no reimbursement to any district related to the effect of the set-aside on its regular program. Districts are required to use grant funds to provide additional programs and will be held accountable for the success of these programs. Comment. Weatherford ISD expressed concern that the reduction in compensatory education funds for the set-aside would cause Weatherford ISD to eliminate successful programs already in place. Agency Response. All districts, regardless of wealth, will share equitably in the cost of the extended year set-aside from compensatory education funding. The reduction in the compensatory education count will "cost" the wealthiest district in the state the same number of pennies on its tax rate as it will the poorest. The reduction in compensatory education funds is not borne solely by poor districts. Comment. Forney ISD, Early ISD, Baird ISD, Hays CISD, and Copperas Cove ISD indicated that low wealth school districts would be impacted more, and that a fairer method of distribution should be considered. Agency Response. The grant program TEA was directed to administer was the best program the legislature could provide with limited resources. It is believed that the cost is shared equitably. The statutory preferences for districts of greatest need determines priority, and there is no "windfall" to districts receiving grants; they must use those grants to provide additional programs. Comment. Italy ISD believes that district wealth should be included in the distribution of funds for the optional extended year program. Agency Response. The taxable wealth of the district was not addressed in the statute authorizing the extended year program. Comment. The Equity Center requests that consideration be given now to alternative distribution formulas for 1996-1997 for the optional extended year program. Agency Response. A specific proposal for the distribution of optional extended year program funding for the 1996-1997 school year may be submitted for consideration. Any change for next school year must weigh the disruption to 1995-1996 grant recipients, legislative intent for the current funding mechanism, and potential changes in the next legislative session to the future funding mechanism. The new section is adopted under the Texas Education Code, sec.29.082, which authorizes the commissioner of education to adopt rules for administering programs provided under the Texas Education Code, sec.29.082. sec.105.1001. Optional Extended Year Program. (a) Each school district seeking funding for an extended year program under the Texas Education Code, sec.29.082, must submit an application in a format prescribed by the commissioner of education. Once funded, the program must comply with the provisions of the Texas Education Code, sec.29.082. (b) School districts shall be funded annually based on the most recent district data reported to the Texas Education Agency (TEA) through the Public Education Information Management System (PEIMS). Funding shall be based on the following. (1) Priority shall be given to school districts in descending order based on the percentage of economically disadvantaged students in each eligible district in kindergarten through Grade 8. (2) A district's funding eligibility and maximum entitlement shall be based on 10% of the districts at-risk student population in kindergarten through Grade 8. (3) Each eligible district shall receive a minimum entitlement of $5, 500. (c) A school districtss entitlement shall be based on $670 for each student in kindergarten through Grade 8 identified by the district as likely not to be promoted to the next grade level for the succeeding school year. Funding shall reflect the actual number of students enrolled in the program. Students served by the funds may not exceed 10% of the districtss at-risk population. (d) A school district that participated in the retention reduction pilot programs in 1994-1995 and that wishes to offer an extended year program shall be eligible in 1995-1996 for funding according to the formula outlined in subsection (b) and subsection (c) of this section. Each retention reduction pilot program must keep longitudinal performance data and report these data at the end of the 1995-1996 project year. (e) A school district receiving funds under the Texas Education Code, sec.29.082, that is also receiving funds for an extended year program for students in kindergarten through Grade 8 under an Option 4 wealth equalization agreement authorized under the Texas Education Code, Chapter 41, must adjust its Option 4 equalization agreement. The district must adjust the agreement to redirect the use of funds to a qualifying activity other than an extended year program for students in kindergarten through Grade 8 to the extent necessary to avoid duplicate funding of extended year programs. (f) An extended year program may extend the year, the week, or the day. However, an extended day program must be implemented beyond the regular seven- hour day and may not include tutorials or extended in-school day-care services. In addition, a school district must provide verification in its application for funding for an extended year program that circumstances necessitated an extended day program. (g) A school district must establish formal criteria to identify eligible students for the extended year program. (h) A school district must include a parent/family awareness component in the extended year program. (i) A school district must submit a report, as described in the application for funding for an extended year program, to TEA indicating program results. (j) Based on its needs, a school district shall determine the standards for training teachers to teach a class in the extended year program. The training must provide teachers with the knowledge and skills needed to help students meet challenging state content and student performance standards. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605366 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: May 8, 1996 Proposal publication date: February 2, 1996 For further information, please call: (512) 463-9701 Chapter 157. Hearings and Appeals Subchapter CC. Hearings of Appeals Arising Under Federal Law and Regulations 19 TAC sec.sec.157.1081-157.1084 The Texas Education Agency (TEA) adopts new sec.sec.157.1081-157.1084, concerning hearings and appeals, without changes to the proposed text as published in the February 2, 1996, issue of the Texas Register (21 TexReg 742). The new sections establish definitions, requirements, and procedures related to appealing specific federal funding decisions made by TEA and are necessary to clearly delineate the hearings process and time lines. The sections are adopted to replace former sec.sec.113.21, 113.22, 113.31 and 113.32, which were recently repealed to comply with the sunset review process mandated by Senate Bill 1, 74th Texas Legislature, 1995. Senate Bill 1 transferred rulemaking authority related to this topic from the State Board of Education to TEA. The adopted new sections update and expand upon former sec.sec.113.21, 113.22, 113.31 and 113.32. No comments were received regarding adoption of the new sections. The new sections are adopted under 34 CFR, sec.76.401, which directs TEA to provide an applicant for specific federal funds with notice and an opportunity for a hearing before disapproving the application. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605367 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: May 8, 1996 Proposal publication date: February 2, 1996 For further information, please call: (512) 463-9701 Subchapter DD. Hearings Conducted by Independent Hearing Examiners 19 TAC sec.sec.157.1101-157.1103 The Texas Education Agency (TEA) adopts new sec.sec.157.1101-157.1103, concerning hearings and appeals, without changes to the proposed text as published in the February 2, 1996, issue of the Texas Register (21 TexReg 743). The new sections establish the compensation levels of certified independent hearing examiners who conduct due process employment hearings at the school district level. The sections also establish procedures related to assigning independent hearing examiners and the reporting requirements regarding decisions. The sections are necessary to organize the local hearings process. One member of the public recommended that the rate of compensation reflect the prevailing rate of $150-$175 per hour. The TEA disagrees with the recommendation. To balance the need of school districts to contain the costs of the hearing system with the need to attract qualified examiners through an appropriate hourly rate, the amount of $100 per hour was selected. The amount was based on the allowable rate charged by TEA special education hearing officers. The new sections are adopted under the Texas Education Code, sec.21.252, which authorizes the commissioner of education to certify hearing examiners and set rates of compensation for a hearing examiner; sec.21.254, which authorizes the commissioner of education to maintain a list of the names of all persons who have been certified as hearing examiners and to assign hearing examiners for cases; and sec.21.304, which authorizes the commissioner of education to maintain and index decisions of the commissioner. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605368 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: May 8, 1996 Proposal publication date: February 2, 1996 For further information, please call: (512) 463-9701 TITLE 22. EXAMINING BOARDS Part XVI. Texas Board of Physical Therapy Examiners Chapter 323. Applications Review Committee 22 TAC sec.323.4 The Texas Board of Physical Therapy Examiners adopts amended sec.323.4, concerning the Applications Review Committee, without changes to the proposed text as published in the February 27, 1996, issue of the Texas Register (21 TexReg 1474). This section is being amended to identify the board-approved credentialing review agencies. This amendment informs applicants who are authorized to evaluate their education credentials. No comments were received regarding amendment of this section. A revision to this section was previously published in the November 21, 1995 Texas Register. The previously published revision identified only one credentialing review agency. Written and public comment was received regarding that proposed change from the Texas Hospital Association. Texas Hospital Association commented that approving only one credentialing review agency was restrictive to foreign-trained applicants seeking a license in Texas. The board is responding by changing the rule to include two approved credentialing review agencies. The amendment is adopted under the Physical Therapy Practice Act, Texas Civil Statutes, Article 4512e, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605376 John P. Maline Executive Director Texas Board of Physical Therapy Examiners Effective date: May 8, 1996 Proposal publication date: February 27, 1996 For further information, please call: (512) 305-6900 Chapter 329. Licensing Procedure 22 TAC sec.329.1 The Texas Board of Physical Therapy Examiners adopts amended sec.329.1, concerning General Licensing Procedure, without changes to the proposed text as published in the November 21, 1995, issue of the Texas Register (20 TexReg 9665). This section is being amended to clarify the process used to examine an application for licensure as a physical therapist or physical therapist assistant in Texas. This amendment informs applicants who will approve or deny their application. No comments were received regarding amendment of this section. The amendment is adopted under the Physical Therapy Practice Act, Texas Civil Statutes, Article 4512e, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605378 John P. Maline Executive Director Texas Board of Physical Therapy Examiners Effective date: May 8, 1996 Proposal publication date: November 21, 1995 For further information, please call: (512) 305-6900 The Texas Board of Physical Therapy Examiners adopts amended sec.329. 1, concerning General Licensing Procedure, without changes to the proposed text as published in the February 27, 1996, issue of the Texas Register (21 TexReg 1475). This section is being amended to clarify what is necessary for an applicant who wishes to obtain a license as a physical therapist or physical therapist assistant in Texas. This amendment requires applicants to complete at least 60 hours in non- physical therapy course work and an examination on rules published by the board. No comments were received regarding amendment of this section. The amendment is adopted under the Physical Therapy Practice Act, Texas Civil Statutes, Article 4512e, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605377 John P. Maline Executive Director Texas Board of Physical Therapy Examiners Effective date: May 8, 1996 Proposal publication date: February 27, 1996 For further information, please call: (512) 305-6900 22 TAC sec.329.5 The Texas Board of Physical Therapy Examiners adopts amended sec.329.5, concerning Licensing Procedures for Foreign-Trained Applicants, without changes to the proposed text as published in the November 21, 1995, issue of the Texas Register (20 TexReg 9665). This section is being amended to remove the reference to a specific board- approved credentialing agency. This amendment requires foreign-trained applicants to have their transcripts reviewed by a board approved credentialing agency. No comments were received regarding amendment of this section. The amendment is adopted under the Physical Therapy Practice Act, Texas Civil Statutes, Article 4512e, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605380 John P. Maline Executive Director Texas Board of Physical Therapy Examiners Effective date: May 8, 1996 Proposal publication date: November 21, 1995 For further information, please call: (512) 305-6900 Chapter 337. Display of License 22 TAC sec.337.2 The Texas Board of Physical Therapy Examiners adopts amended sec.337.2, concerning Consumer Information Sign, without changes to the proposed text as published in the February 27, 1996, issue of the Texas Register (21 TexReg 1476). This section is being amended to inform consumers of the board's new address and requires that a consumer information sign be displayed in all locations where physical therapy is administered. This amendment requires licensees to display information that a consumer may use to file a complaint and contact the board. No comments were received regarding amendment of this section. The amendment is adopted under the Physical Therapy Practice Act, Texas Civil Statutes, Article 4512e, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605384 John P. Maline Executive Director Texas Board of Physical Therapy Examiners Effective date: May 8, 1996 Proposal publication date: February 27, 1996 For further information, please call: (512) 305-6900 Chapter 341. License Renewal 22 TAC sec.341.1 The Texas Board of Physical Therapy Examiners adopts amended sec.341.1, concerning License Renewal, without changes to the proposed text as published in the February 27, 1996 issue of the Texas Register (21 TexReg 1476). This section, is being amended to clarify what is necessary for renewal of a license as a physical therapist or physical therapist assistant. This amendment informs licensees what is required to renew a license. No comments were received regarding amendment of this section. The amendment is adopted under the Physical Therapy Practice Act, Texas Civil Statutes, Article 4512e, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605382 John P. Maline Executive Director Texas Board of Physical Therapy Examiners Effective date: May 8, 1996 Proposal publication date: February 27, 1996 For further information, please call: (512) 305-6900 Chapter 343. Contested Case Procedure 22 TAC sec.343.41 The Texas Board of Physical Therapy Examiners adopts amended sec.343.41, concerning Agreed Orders, without changes to the proposed text as published in the November 21, 1995, issue of the Texas Register (20 TexReg 9667). The amended section is being adopted to inform the public about changes to the complaint investigation and disposition process. The amended section requires licensees disciplined by the board to reimburse the agency for investigation expenses. No comments were received regarding amendment of this rule. The amendment is adopted under the Physical Therapy Practice Act, Texas Civil Statutes, Article 4512e, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605383 John P. Maline Executive Director Texas Board of Physical Therapy Examiners Effective date: May 8, 1996 Proposal publication date: November 21, 1995 For further information, please call: (512) 305-6900 TITLE 25. HEALTH SERVICES Part V. Center for Rural Health Initiatives Chapter 500. Executive Committee for the Center for Rural Health Initiatives Subchapter D. Texas Rural Physician Assistant Loan Reimbursement Program 25 TAC sec.sec.500.101, 500.103, 500.105, 500.107, 500.109 The Center for Rural Health Initiatives (Center) adopts new sec.sec.500.101, 500.103, 500.105, 500.107, and 500.109 concerning the Rural Physician Assistant Loan Reimbursement Program, with changes to the proposed text as published in the November 21, 1995, issue of the Texas Register (20 TexReg 9670). The new sections will provide loan repayment to physician assistants working in rural areas of Texas with a high need for primary health care services. The new sections establish the purpose and administration of the program; provide definitions; provide for dissemination of program information; and establish eligibility requirements, the application and selection processes, and the loan repayment process. The Rural Physician Assistant Loan Reimbursement Program was authorized by the Physician Assistant Licensing Act, Texas Civil Statutes, Article 4495b-1. Under the new sections, the Center will repay educational loans on behalf of physician assistants who work in rural underserved areas of Texas with a high need for primary health care services. Reimbursement of their educational loans after periods of service should encourage physician assistants to continue practicing in rural areas. During the comment period from November 21, 1995, to December 21, 1995, the Center received five comments on the proposed rules. One commenter offered general comments regarding the absence of a physician assistant on the Center's Executive Committee. The makeup of the Executive Committee is established by law and has not been addressed in these rules. The commenter also expressed his dissatisfaction that physician assistants who have already repaid their student loans do not qualify for funds under this program. Since the law establishing the program contains no provisions for aid to physician assistants who no longer have an educational loan repayment obligation, no changes to sec.500.107 were made in response to the comment. Another commenter suggested that sec.500.101(c) should state that an interagency contract will be executed by the Center and the Texas State Board of Medical Examiners concerning transfer of program funds from the Board to the Center. The Center agrees and has amended the section accordingly. The commenter also recommended that the definition of "approved program" in sec.500.103 be expanded to track more closely the statutory requirements for licensure of physician assistants in Texas. The Center concurs and has revised the section accordingly. Two commenter stated that the definition of "service obligation period" at sec.500. 103 and use of the phrase "service obligation" at sec.500.107(b)(1) were confusing. The Center agrees and has substituted the phrase "period of service" in sec.sec.500.103, 500.107(b)(1), 500.109(c)(2), and 500.109(c)(3). Further, the intent of sec.500.107(b)(1) is to disqualify loans which require the recipient to repay the loan by completing a specific amount of service to the lender in lieu of cash repayment. Another commenter asked why sec.500.107(b) (1) makes loans from insurance policies or pension plans of a relative ineligible for repayment, while loans from pension funds or insurance companies are eligible. This provision was intended to disqualify loans from a relative regardless of the source of the relative's funds, and whether or not the student and the relative have a formal loan agreement. A commenter also recommended the sec.500.107(d)(1) be amended to include a more detailed description of the type of disciplinary action that could disqualify an individual from program participation. The Center concurs and has amended the section accordingly. One commenter opposed the requirement in sec.500.107(d)(2) that participants must be graduates of Texas physician assistant training programs. This is a statutory requirement, and the Center cannot by rule expand the program to include graduates of training programs in other states. A commenter suggested that sec.500.109(a) should be amended to provide for acceptance by the Center of applications more than once a year. Although the Center plans an open application period for approximately half of each calendar year, all applications for assistance received during a given year must be reviewed at the same time. Since most of the program's funding will become available only at the end of each state fiscal year, disbursing payments more often than once a year is impractical, if not impossible. The commenter also requested that sec.500.109(b) be amended to allow use of criteria other than the Health Professional Shortage Area (HPSA) measures and Medically Underserved Area (MUA) scores to rank eligible applicants. The commenter stated that these measures do not always accurately reflect the need in an area. While the Center acknowledges that HPSA an MUA data have limitations, these data provide the best, most uniform, and objective basis currently available for measuring health care need in any given area of the state. One commenter expressed her full support of the proposed rules. The Texas State Board of Medical Examiners commented on the new sections. The commenters were neither for nor against the sections in their entirety; however, they posed questions and offered suggestions regarding changes. The new sections are adopted under the Health and Safety Code, Chapter 106, Subchapter C, which authorizes the Executive Committee of the Center for Rural Health Initiatives to adopt rules to administer the Center's programs. sec.500.101. Purpose, Administration and Delegation of Powers and Duties. (a) The purpose of the Rural Physician Assistant Loan Reimbursement Program is to encourage qualified physician assistants to practice in areas in rural Texas where there is a high need for primary health care providers. (b) The Center for Rural Health Initiatives, or its successor or successors, shall administer the Rural Physician Assistant Loan Reimbursement Program. (c) The Executive Committee delegates to the executive director the necessary powers, duties and functions to administer the program. The executive director shall enter into an interagency contract with the Texas State Board of Medical Examiners to specify the mechanisms for the annual transfer of program funds from the Texas State Board of Medical Examiners. sec.500.103. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: Approved program -A Texas physician assistant or surgeon assistant training program accredited by the American Medical Association's Committee on Allied Health Education and Accreditation or the American Osteopathic Association. Center-The Center for Rural Health Initiatives established by the Omnibus Health Care Rescue Act passed by the 71st Session of the Texas Legislature. Executive committee -The nine member governing body of the Center for by the governor, lieutenant governor and speaker. Executive director -The chief executive officer of the Center for Rural Health Initiatives. Rural Health Professional Shortage Area (HPSA) -Any area in Texas that is not designated as a Metropolitan Statistical Area by the United States Bureau of the Census that is recommended by the Texas Department of Health to the Office of Shortage Analysis, Bureau of Health Care Delivery and Assistance, of the United States Department of Health and Human Services, or its successors, as having a shortage of primary health care physicians. The degree-of-shortage designations, also determined by the United States Department of Health and Human Services, range from groups one to four, with one representing the highest degree of shortage. Rural Medically Underserved Area (MUA)-Any area in Texas that is not designated as a Metropolitan Statistical Area by the United States Bureau of the Census that is recommended by the Texas Department of Health to the Office of Shortage Analysis, Bureau of Health Care Delivery and Assistance, of the United States Department of Health and Human Services or its successors, as an area with a demonstrated shortage of personal health services. Areas with the lowest Index of Medical Underservice (IMU) score, also determined by the United States Department of Health and Human Services, are the most severely medically underserved. RPALR Program-The Rural Physician Assistant Loan Reimbursement Program established by the Physician Assistant Licensing Act passed by the 73rd Session of the Texas Legislature. Service obligation period-A consecutive 12-calendar-month period immediately preceding the date of application and during which a physician assistant provided health care services as a physician assistant in a rural health professional shortage area or rural medically underserved area. sec.500.105. Dissemination of Information. (a) The Center shall disseminate information about the Rural Physician Assistant Loan Reimbursement Program to all interested parties. (b) The Center shall publish and send information about the program to health care institutions of higher education, physician assistant training programs, appropriate state agencies, interested professional associations, and, upon request, to individuals. sec.500.107. Requirements for an Eligible Educational Loan, an Eligible Lender or Holder, and an Eligible Physician Assistant. (a) An educational loan is eligible for repayment if it was obtained through an eligible lender for purposes of attending a post-secondary institution. (b) An educational loan is not eligible for repayment if it: (1) was a self-made educational loan from one's own insurance policy or pension plan or from the insurance policy or pension plan of a spouse or other relative; (2) involves a service obligation; or, (3) is in default at the time of the physician assistant's application. (c) An eligible lender or holder makes or holds an educational loan to an individual for purposes of attending an approved post-secondary institution. An eligible lender or holder may include, and is not limited to, a bank, savings and loan association, credit union, institution of higher education, secondary market, governmental agency, pension fund, private foundation, or insurance company. An eligible lender or holder may not be any private individual. (d) A physician assistant eligible for loan reimbursement is one who: (1) passed the certifying examination administered by the National Commission on Certification of Physician Assistants, is licensed to practice as a physician assistant in Texas by the Texas State Board of Physician Assistant Examiners of the Texas State Board of Medical Examiners, and who has not been subject to professional disciplinary action by any state or federal licensing agency or any professional physician assistant association or society whether the society is local, regional, state, or national in scope and who has not been disciplined by a licensed hospital or medical staff of a hospital, including removal, suspension, or limitation of hospital privileges, or other disciplinary action; (2) satisfactorily completed an approved Texas physician assistant training program within 10 years prior to the date of application; and (3) completed a minimum of one period of service as a physician assistant in a rural Texas Health Professional Shortage Area or rural Medically Underserved Area. sec.500.109. Application Process, Recipient Selection and Reimbursement of Educational Loans. (a) First-time and renewal applications for the RPALR Program are accepted annually during a time period specified by the Center. An eligible physician assistant applies for the RPALR Program by completing a loan reimbursement application packet and returning the completed loan reimbursement application packet to the Center. (b) Selection of recipients is contingent upon the availability of funds. Applicants practicing in areas with the highest degree of shortage and/or lowest IMU score are selected over other applicants. Selected recipients are recommended by the Center's executive director and approved by the Center's executive committee. Applicants are notified whether or not they are accepted for loan reimbursement after the annual application period is closed and recipients are selected. (c) Eligible education loans of selected recipients are reimbursed by annual payments made at a time specified by the Center and under the following conditions: (1) total annual reimbursement to one or more eligible lenders or holders must not exceed the recipient's unpaid principal loan balance, including capitalized interest, from all sources, or a maximum of $5,000, whichever is less. Depending upon the availability of funds and the number of qualifying applicants, the Center may establish an annual reimbursement amount below $5,000 per eligible recipient; however, the minimum total annual payment cannot be less than $2, 500 per eligible recipient unless the recipient's total unpaid principal loan balance is below $2,500; (2) each period of service must be completed before reimbursement is made; (3) loan reimbursement may be renewed annually but for no more than a total of four periods of service and total maximum reimbursement amount of $20,000; (4) annual payment is made co-payable to the recipient and to the eligible lender(s) or holder(s) and applied only to the outstanding principal balance of the education loan, including capitalized interest; (5) recipients are responsible for payment of any and all state and federal taxes to which this loan reimbursement is subject. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's legal authority. Issued in Austin, Texas, on April 15, 1996. TRD-9605248 Laura M. Jordan Executive Director Center for Rural Health Initiatives Effective date: May 7, 1996 Proposal publication date: November 21, 1995 For further information, please call: (512) 479-8891 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part X. Texas Water Development Board Chapter 363. Financial Assistance Programs Subchapter E. Economically Distressed Areas Program 31 TAC sec.sec.363.502, 353.503, 363.505, 363.506 The Texas Water Development Board (the board) adopts amendments to sec.363. 502 Definition of Terms, sec.363.503 Terms of Financial Assistance, sec.363.505 Calculation of Financial Assistance, and sec.363.506 Minimum Total Loans. The amendments are adopted without changes to the proposed text as published in the March 12, 1996, issue of the Texas Register (21 TexReg 2002). The amendments provide a new methodology for determining the amount and form of financial assistance for EDAP projects, increase the limit of minimum total loans, and add definitions for clarification. The determination of the amount and form of financial assistance would be based on the average annual debt service of the applicant, regardless of whether the source of repayment is tax or rate revenue, divided by the number of residential users which is the "capital component". The capital component is multiplied by the estimated number of residential users to be served by the project on the date of completion of the project to determine the amount of revenue that is available for debt service. For start up systems, a regional capital component benchmark is calculated based on no less than three utility systems within 100 miles of the proposed system. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Water Code, sec.6.101 and Texas Water Code, sec.16.342 which require the board to adopt rules that are necessary to carry out the program provided by Water Code, Subchapter K, Chapter 17. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 18, 1996. TRD-9605419 Craig D. Pedersen Executive Administrator Texas Water Development Board Effective date: May 9, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 463-7981 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part XIII. Texas Commission on Fire Protection Chapter 423. Fire Suppression Subchapter C. Minimum Standards for Marine Fire Protection Personnel 37 TAC sec.sec.423.305, 423.307, 423.309 The Texas Commission on Fire Protection adopts amendments to sec.sec.423.305, 423.307, and 423.309, concerning higher levels of marine fire protection personnel certification, without changes to the proposed text as published in the February 27, 1996, issue of the Texas Register (21 TexReg 1496). 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 twelve 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 have a January 1, 1997, effective date. No comments were received regarding adoption of the amendments. The amendments are adopted under 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 adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605509 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1997 Proposal publication date: February 27, 1996 For further information, please call: (512) 918-7184 Chapter 425. Fire Protection Instructors Subchapter A. Fire Service Instructor Certification 37 TAC sec.425.1 The Texas Commission on Fire Protection adopts an amendment to sec.425.1, concerning minimum standards for fire service instructor certification, without changes to the proposed text as published in the February 27, 1996, issue of the Texas Register (21 TexReg 1497). The justification for this section is that duplicative training costs to local governments deemed unnecessary by the commission are eliminated. The amendment allows the commission staff to consider International Fire Service Accreditation Congress (IFSAC) instructor certification in evaluating out-of-state or military instructor training programs for equivalency. The amendment has an effective date of January 1, 1997. No comments were received regarding adoption of the amendment. The amendment is adopted under 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.419.028(3), which provides the commission the authority to certify persons as qualified fire protection instructors under conditions the commission prescribes. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605510 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1997 Proposal publication date: February 27, 1996 For further information, please call: (512) 918-7184 Chapter 451. Fire Cause and Origin Investigator 37 TAC sec.451.1, sec.451.3 The Texas Commission on Fire Protection adopts new sec.451.1 and sec.451.3, concerning fire cause and origin investigator, without changes to the text published in the February 27, 1996, issue of the Texas Register (21 TexReg 1501). The justification for this section is that training of cause and origin investigation will be promoted resulting in improved cause and origin determination, evidence preservation, and arson abatement. In addition, the new standard allows more efficient utilization of state and local tax resources in that certified arson investigators are not required on every suspicious fire scene. The new chapter establishes minimum standards for a new specialized certification for persons who investigate the cause and origin of fires, but who are not required to be licensed peace officers. The training required is the same curriculum required for fire and arson investigator certification. The new certification is a voluntary certification for full-time or part-time fire protection employees of a local government who are assigned fire cause and origin investigation duties. The new standard expressly limits the authority of the certificate holder to determining fire cause and origin and required that the investigation be immediately transferred to a peace officer if evidence of criminal conduct is discovered. Several commenters argued that the new certification would provide defense lawyers more opportunities to attack an investigation where a certified fire cause and origin investigator was involved and that the new certification is unnecessary because the functions that would be performed by a cause and origin investigator are already satisfied by certified fire and arson investigators and properly trained fire fighters. The commission disagreed with these commenters for the reason that training and certification of fire cause and origin investigators will enhance their credibility instead of providing opportunities for attack. In addition, the commission is of the opinion that the availability of the new certification for persons who are not peace officers will encourage more persons to obtain training in fire investigation. Another commentator suggested that the new chapter should require a department to employ at least one certified fire and arson investigator before assigning duties to a person under Chapter 451. The commission disagreed with the commentator because the commission takes the position that it should allow individual jurisdictions the flexibility to determine how its fire investigation functions are organized. Other commenters in favor of the proposal took the position that the new certification would enhance the credibility of persons certified as such, provide more flexibility to small departments to address fire investigation needs, and allow training costs to be distributed over a longer period of time. Commenters in favor of the proposal included representatives of the Rowlett Fire Department. Commenters against the proposal included representatives of the Harris County Fire Marshal's Office, the Marshall Fire Department, and City of Keene Fire Rescue. The new sections are adopted under 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 adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605511 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1997 Proposal publication date: February 27, 1996 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 the definition of "college credits", without changes to the text as published in the February 27, 1996, issue of the Texas Register (21 TexReg 1501). The justification for this section is that the additional route for meeting college hour requirements for higher levels of volunteer certification will encourage more volunteer fire protection personnel to take courses from the National Emergency Training Center (including resident NFA and EMI courses) resulting in a more skilled and knowledgeable fire service. The changes to the definition of "college credits" include courses presented through the National Emergency Training Center and recommended for credit by the American Council on Education (ACE). The section has an effective date of January 1, 1997. No comments were received regarding adoption of the amendment. The amendment is adopted under 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 adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605512 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1997 Proposal publication date: February 27, 1996 For further information, please call: (512) 918-7184 Chapter 476. Volunteer Fire Investigator 37 TAC sec.476.1 The Texas Commission on Fire Protection adopts an amendment to sec.476.1, concerning minimum standards for volunteer fire investigator, without changes to the text as published in the February 27, 1996, issue of the Texas Register (21 TexReg 1502). The justification for this section is clarification of the limit of authority of certified volunteer fire investigators and preservation of evidence at a suspicious fire scene. The amendment provides that a certified volunteer fire investigator shall limit his or her investigation to fire cause and origin and requires transfer of the investigation to a certified peace officer if evidence of a crime is discovered. The amendment has an effective date of January 1, 1997. No comments were received regarding adoption of the amendment. The amendment is adopted under 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 proves the commission with authority to establish voluntary certification standards for volunteer fire fighters. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605513 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1997 Proposal publication date: February 27, 1996 For further information, please call: (512) 918-7184 Chapter 521. Fire Extinguisher Rules 37 TAC sec.sec.521.7, 521.14, 521.19, 521.21-521.23 The Texas Commission on Fire Protection adopts amendments to sec.521.19, with one change, concerning regulation of the business of inspecting, planning, certifying, leasing, selling, servicing, testing, installing, and maintaining fire extinguishers or fire extinguishing devices and systems, with changes to the proposed text as published in the February 16, 1996, issue of the Texas Register (21 TexReg 1256). The language in sec.521.19(f) changes the word "shall" to "must" in referring to pre-engineered fixed fire extinguishing systems meeting the minimum requirements of Underwriters Laboratories, Inc. Sections 521.7, 521.14, 521.21, 521.22, and 521.23 are adopted without changes and will not be republished. The amendments to sec.521.19 as adopted provide higher levels of fire protection and performance needs required to effectively suppress the fire hazards presented by modern cooking appliances. The amendment to sec.521.7 adopts the most recent nationally recognized standards for fire protection equipment, design and installation. The amendment to sec.521.14 clarifies the amount of time an applicant will have for completing deficiencies in a renewal application provided the renewal application was received in a timely manner. The amendment to sec.521.19 eliminates reference to an NFPA standard already adopted in another section, and requires that all pre- engineered fixed fire extinguisher systems used for the protection of restaurant cooking areas installed or modified after July 1, 1996, meet a more stringent national testing requirement. The amendments to sec.sec.521.21, 521.22, and 521.23 add language prohibiting a stamped signature on installation labels, service tags and red tags. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Insurance Code, Article 5.43-1, sec.sec.2A, 8, and 9 which provides the Texas Commission on Fire Protection with the authority to adopt rules necessary for the protection and preservation of life and property in controlling the requirements for the installation or servicing of portable fire extinguishers and the planning, certifying, installing, or servicing of fixed fire extinguisher systems. sec.521.19. Installation and Service. (a) The following requirements are applicable to all portable extinguishers. (1) Portable extinguishers must be installed, serviced, and maintained in compliance with the manufacturer's instructions and with the applicable standards adopted in this subchapter. (2) (No change.) (b)-(c) (No change.) (d) A pre-engineered fixed fire extinguisher system, except those covered by subsection (f) of this section, which has been previously installed in one location may be reinstalled in another location if: (1)-(3) (No change.) (e) (No change.) (f) All pre-engineered fixed fire extinguishing systems, installed or modified after July 1, 1996, in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards, for the protection of restaurant cooking areas, must meet the minimum requirements of Underwriters Laboratories, Inc., Standard 300, "Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area" (UL 300). This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605514 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: May 10, 1996 Proposal publication date: February 16, 1996 For further information, please call: (512) 918-7189 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part XII. Texas Board of Occupational Therapy Examiners Chapter 362. Definitions 40 TAC sec.362.1 The Texas Board of Occupational Therapy Examiners adopts an amendment to sec.362.1, concerning Definitions, with changes to the proposed text as published in the February 16, 1996, issue of the Texas Register (21 TexReg 1257). The wording "the tasks of living" was replaced with "life roles" in the definition for "occupational therapy." The amendment is being adopted to clarify in definition format that COTAs and OTRs are those licensees with either provisional or regular licenses, and to add the definitions for investigator and occupational therapy. The amendment will clarify who can administer occupational therapy, what occupational therapy includes, and which agency employee investigates complaints filed with this board. No comments were received regarding adoption of the amendment. The amendment is adopted under the Occupational Therapy Practice Act, Texas Civil Statutes, Article 8851, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. sec.362.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Certified Occupational Therapy Assistant (COTA)-A person who is certified in accordance with guidelines established by the American Occupational Therapy Certification Board, who holds a valid regular or provisional license to practice occupational therapy in the state of Texas, and who is required to be under general supervision of an OTR. Investigator-The employee of the Executive Council who conducts all phases of an investigation into a complaint filed against a licensee, an applicant, or an entity regulated by the board. Occupational Therapist, Registered (OTR)-A person who is certified in accordance with guidelines established by the American Occupational Therapy Certification Board and who holds a valid regular or provisional license to practice occupational therapy in the state of Texas. Occupational Therapy -The evaluation and treatment of individuals whose ability to perform life roles is threatened or impaired by developmental deficits, the aging process, environmental deprivation, sensory impairment, physical injury or illness, or psychological or social dysfunction. Occupational therapy utilizes therapeutic goal-directed activities to evaluate, prevent, or correct physical, mental, or emotional dysfunction or to maximize function in the life of the individual. Such activities are applied in the treatment of patients on an individual basis, in groups, or through social systems, by means of direct or monitored treatment or consultation. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. TRD-9605331 John P. Maline Executive Director Texas Board of Occupational Therapy Examiners Effective date: May 8, 1996 Proposal publication date: February 16, 1996 For further information, please call: (512) 305-6900 Chapter 364. Requirements for Licensure 40 TAC sec.364.1 The Texas Board of Occupational Therapy Examiners adopts an amendment to sec.364.1, concerning Requirements for Licensure, without changes to the proposed text as published in the February 16, 1996, issue of the Texas Register (21 TexReg 1258). The amendment is being adopted to require applicants trained both inside and outside the United States and its territories to furnish proof of good moral character. The amendment will hold all applicants from credentialed training programs to the same standards. No comments were received regarding adoption of the amendment. The amendment is adopted under the Occupational Therapy Practice Act, Texas Civil Statutes, Article 8851, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605332 John P. Maline Executive Director Texas Board of Occupational Therapy Examiners Effective date: May 8, 1996 Proposal publication date: February 16, 1996 For further information, please call: (512) 305-6900 Chapter 369. Display of License 40 TAC sec.369.3 The Texas Board of Occupational Therapy Examiners adopts an amendment to sec.369.3, concerning Use of Titles, without changes to the proposed text as published in the February 16, 1996, issue of the Texas Register (21 TexReg 1258). The amendment is being adopted to clarify that an Occupational Therapist, Registered with either a provisional or regular license may use the title of Occupational Therapist, Registered and the initials OTR, and a Certified Occupational Therapy Assistant with either a provisional or regular license may use the title of Certified Occupational Therapy Assistant and the initials COTA. The amendment clarifies which licensees may provide occupational therapy and may call themselves OTRs or COTAs, as designated by licensure. No comments were received regarding adoption of the amendment. The amendment is adopted under the Occupational Therapy Practice Act, Texas Civil Statutes, Article 8851, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605333 John P. Maline Executive Director Texas Board of Occupational Therapy Examiners Effective date: May 8, 1996 Proposal publication date: February 16, 1996 For further information, please call: (512) 305-6900 Chapter 370. License Renewal 40 TAC sec.370.1 The Texas Board of Occupational Therapy Examiners adopts an amendment to sec.370.1, concerning License Renewal, without changes to the proposed text as published in the February 16, 1996, issue of the Texas Register (21 TexReg 1258). The amendment is being adopted to clarify the deadline requirements for license renewal; to establish procedures for license renewal when a licensee is in default on a loan with Texas Guaranteed Student Loan Corporation; and to establish procedures for when the board is properly notified to suspend the license of an individual for failure to pay court-ordered child support. The amendment clarifies the responsibility of the licensee to renew his/her license on time, and the responsibility of the licensee when he/she is in default on a guaranteed student loan or in non-payment of court-ordered child support. No comments were received regarding adoption of the amendment. The amendment is adopted under the Occupational Therapy Practice Act, Texas Civil Statutes, Article 8851, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605334 John P. Maline Executive Director Texas Board of Occupational Therapy Examiners Effective date: May 8, 1996 Proposal publication date: February 16, 1996 For further information, please call: (512) 305-6900 Chapter 371. Inactive/Retiree Status 40 TAC sec.371.1 The Texas Board of Occupational Therapy Examiners adopts an amendment to sec.371.1, concerning Inactive Status, without changes to the proposed text as published in the February 27, 1996, issue of the Texas Register (21 TexReg 1502). The amendment is being adopted to allow a licensee to be on inactive status for up to six consecutive years, and to clarify the procedures for remaining on inactive status and for changing to active status. The amendment will establish specific guidelines for licensees to follow in order to place their licenses on inactive status. No comments were received regarding adoption of the amendment. The amendment is adopted under the Occupational Therapy Practice Act, Texas Civil Statutes, Article 8851, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605340 John P. Maline Executive Director Texas Board of Occupational Therapy Examiners Effective date: May 8, 1996 Proposal publication date: February 27, 1996 For further information, please call: (512) 305-6900 40 TAC sec.371.2 The Texas Board of Occupational Therapy Examiners adopts an amendment to sec.371.2, concerning Retiree Status, without changes to the proposed text as published in the February 27, 1996, issue of the Texas Register (21 TexReg 1503). The amendment is being adopted to allow a licensee on active or inactive status to change to retiree status, and to establish a procedure on how a licensee in retiree status may reestablish licensure. The amendment establishes a procedure for therapists who retire from occupational therapy to obtain permanent retiree status. No comments were received regarding adoption of the amendment. The amendment is adopted under the Occupational Therapy Practice Act, Texas Civil Statutes, Article 8851, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605341 John P. Maline Executive Director Texas Board of Occupational Therapy Examiners Effective date: May 8, 1996 Proposal publication date: February 27, 1996 For further information, please call: (512) 305-6900 Chapter 372. Referral 40 TAC sec.372.1 The Texas Board of Occupational Therapy Examiners adopts an amendment to sec.372.1, concerning Referral, without changes to the proposed text as published in the February 16, 1996, issue of the Texas Register (21 TexReg 1260). The amendment is being adopted to establish a procedure for documenting procurement of a written referral. The amendment improves the documentation of receipt of referrals for occupational therapy treatment. No comments were received regarding adoption of the amendment. The amendment is adopted under the Occupational Therapy Practice Act, Texas Civil Statutes, Article 8851, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605335 John P. Maline Executive Director Texas Board of Occupational Therapy Examiners Effective date: May 8, 1996 Proposal publication date: February 16, 1996 For further information, please call: (512) 305-6900 Chapter 373. Supervision 40 TAC sec.373.1 The Texas Board of Occupational Therapy Examiners adopts an amendment to sec.373.1, concerning Supervision, with changes to the proposed text as published in the February 16, 1996, issue of the Texas Register (21 TexReg 1260). Paragraph (4)(a) of the proposed text was deleted, necessitating the renumbering of that subsection. Paragraph (8)(a) of the proposed text was returned to its original wording. The amendment is being adopted to establish the minimum supervision requirements for COTAs, OTs, and OTAs, and to delineate the COTA's role in the screening process. The amendment provides better supervision of COTAs, OTs, and OTAs who administer occupational therapy under supervision of OTRs, and clarifies the COTA's ability to perform patient screenings. No comments were received regarding adoption of the amendment. The amendment is adopted under the Occupational Therapy Practice Act, Texas Civil Statutes, Article 8851, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. sec.373.1. Supervision. (a) Supervision of COTAs. (1) The OTR shall delegate responsibilities to the COTA that are within the scope of his or her training. (2) A COTA shall provide occupational therapy services only under the general supervision of a licensed OTR. (A) A minimum of eight hours of supervision per month for full time COTAs must be documented on a "COTA/OTA Supervision Log" prescribed by the board. COTAs employed part time shall prorate the required supervision. (If the COTA is employed less than 20 hours per week, a minimum of four hours of supervision is required per month.) The "COTA/OTA Supervision Log" must be kept by the COTA, and a copy of this form must be maintained by the facility where the COTA provides services. One "COTA/OTA Supervision Log" must be completed for each separate employer. (B) The manner of supervision shall depend on the treatment setting, patient/client caseload, and the competency of the COTA as determined by the supervising OTR. (C) The supervising OTR need not be physically present or on the premises at all times. (3) A COTA may initiate the screening process and collect information for the OTR's review. The OTR is responsible for determining if a physician's referral is required for evaluation and/or occupational therapy intervention. (4) The OTR is responsible for completing the patient's evaluation/assessment. The supervising OTR may delegate any evaluative task to a COTA that the OTR and COTA agree is within the competency level of that COTA. (5) The supervising OTR is responsible for developing and modifying the patient's treatment plan. The treatment plan must include the following components: goals, interventions/modalities, frequency, and duration. (6) The supervising OTR has overall responsibility for providing the supervision necessary to protect the health and welfare of the consumer receiving treatment by a COTA. However, this does not absolve the COTA from his or her professional responsibilities. (7) The supervising OTR is responsible for writing the patient's discharge summary. (8) It is the responsibility of the OTR and the COTA to ensure that all documentation prepared by the COTA which becomes part of the patient's/client's permanent record is co-signed by the supervising OTR. (9) These rules shall not preclude the COTA from responding to emergency situations in the patient's condition which require immediate action. (10) It is the responsibility of the COTA to notify the board within 30 days of a change in the primary OTR supervisor on a form provided by the board. (b) (No change.) (c) Supervision of an occupational therapist or an occupational therapy assistant with a temporary license: (1) Temporary Licenses: (A) A person issued a temporary occupational therapy license must practice occupational therapy under the continuing supervision of an OTR. (B) A minimum of 16 hours of supervision per month for full time OTAs must be documented on a "COTA/OTA Supervision Log" prescribed by the board. OTAs employed part time shall prorate the required supervision. (If the OTA is employed less than 20 hours per week, a minimum of eight hours of supervision is required per month.) The "COTA/OTA Supervision Log" must be kept by the OTA, and a copy of this form must be maintained by the facility where the OTA provides services. One "COTA/OTA Supervision Log" must be completed for each separate employer. (C) The temporary licensee will certify to the board as to the name, license number, and address of his or her supervisor on a form provided by the board during the application process. (D) The temporary licensee must notify the board within 15 days of a change in the OTR supervisor. (E) The temporary licensee shall not supervise an occupational therapy student, an occupational therapy assistant, or an "OT Aide" or "OT Orderly." (F) All documentation completed by an individual holding a temporary license which becomes part of the patient's/client's permanent file must be co-signed by the supervising OTR. (2) Provisional Licenses: (A) OTRs with provisional licenses are excluded from supervision requirements. (B) COTAs with provisional licenses will require general supervision by a licensed OTR. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605336 John P. Maline Executive Director Texas Board of Occupational Therapy Examiners Effective date: May 8, 1996 Proposal publication date: February 16, 1996 For further information, please call: (512) 305-6900 Chapter 374. Disciplinary Actions/Complaints/Code of Ethics 40 TAC sec.374.1 The Texas Board of Occupational Therapy Examiners adopts an amendment to sec.374.1, concerning Disciplinary Actions, without changes to the proposed text as published in the February 16, 1996, issue of the Texas Register (21 TexReg 1261). The amendment is being adopted to make proper reference to the TBOTE code of ethics, and to allow the board to monitor a licensee in the performance of tasks assigned by the board. The amendment clarifies the ethical principles licensees are to follow, and improves the monitoring by the board of the licensees to comply with agreed orders of the board. No comments were received regarding adoption of the amendment. The amendment is adopted under the Occupational Therapy Practice Act, Texas Civil Statutes, Article 8851, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605337 John P. Maline Executive Director Texas Board of Occupational Therapy Examiners Effective date: May 8, 1996 Proposal publication date: February 16, 1996 For further information, please call: (512) 305-6900 40 TAC sec.374.2 The Texas Board of Occupational Therapy Examiners adopts an amendment to sec.374.2, concerning Complaints, without changes to the proposed text as published in the February 16, 1996, issue of the Texas Register (21 TexReg 1261). The amendment is being adopted to establish a procedure for filing, investigating, and resolving complaints against a person or entity under the purview of the board. The amendment will improve the processing of complaints and make disposition of such complaints against a person or entity under the purview of the board more uniform. No comments were received regarding adoption of the amendment. The amendment is adopted under the Occupational Therapy Practice Act, Texas Civil Statutes, Article 8851, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605338 John P. Maline Executive Director Texas Board of Occupational Therapy Examiners Effective date: May 8, 1996 Proposal publication date: February 16, 1996 For further information, please call: (512) 305-6900 40 TAC sec.374.3 The Texas Board of Occupational Therapy Examiners adopts new sec.374.3, concerning Code of Ethics, without changes to the proposed text as published in the February 16, 1996, issue of the Texas Register (21 TexReg 1264). The new section is being adopted to establish a code of ethics for occupational therapy. The addition of this new section necessitated the change of Chapter title to be "Disciplinary Actions/Complaints/Code of Ethics." The new section will allow for the board to implement a code of ethics for the profession of occupational therapy. No comments were received regarding adoption of the new section. The new section is adopted under the Occupational Therapy Practice Act, Texas Civil Statutes, Article 8851, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605339 John P. Maline Executive Director Texas Board of Occupational Therapy Examiners Effective date: May 8, 1996 Proposal publication date: February 16, 1996 For further information, please call: (512) 305-6900 Chapter 375. Fees 40 TAC sec.375.1 The Texas Board of Occupational Therapy Examiners adopts an amendment to sec.375.1, concerning Fees, without changes to the proposed text as published in the February 27, 1996, issue of the Texas Register (21 TexReg 1504). The amendment is being adopted to cancel the option of paying an additional year of licensure at time of application, and to delete the option to have all or some of the costs waived for changing a license from inactive or retiree status to active status. The amendment will decrease the processing time for license issuance and license status changes. No comments were received regarding adoption of the amendment. The amendment is adopted under the Occupational Therapy Practice Act, Texas Civil Statutes, Article 8851, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 17, 1996. TRD-9605342 John P. Maline Executive Director Texas Board of Occupational Therapy Examiners Effective date: May 8, 1996 Proposal publication date: February 27, 1996 For further information, please call: (512) 305-6900