PROPOSED RULES
Before an agency may permanently adopt a new or amended section or repeal an 
existing section, a proposal detailing the action must be published in the Texas 
Register at least 30 days before action is taken. The 30-day time period gives 
interested persons an opportunity to review and make oral or written comments on 
the section. Also, in the case of substantive action, a public hearing must be 
granted if requested by at least 25 persons, a governmental subdivision or 
agency, or an association having at least 25 members.
Symbology in proposed amendments. New language added to an existing section is 
indicated by the use of bold text. [Brackets] indicate deletion of existing 
material within a section.

TITLE 25. HEALTH SERVICES
PART I. Texas Department of Health
CHAPTER 313. Athletic Trainers
General Guidelines and Requirements
25 TAC sec.sec.313.1, 313.2, 313.9, 313.13, 313.14, 313.15, 313.17 
The Advisory Board of Athletic Trainers (board) proposes amendments to 
sec.sec.313.1, 313.2, 313.9, 313.13, 313.14, 313.15, and 313.17 concerning the 
licensing and regulation of athletic trainers. Specifically, sec.sec.313.1, 
313.2, 313.14, 313.15, and 313.17 are being amended to correct statutory 
references. Section 313.9(a) is being modified to delete the requirement that 
temporary license applicants must not have previously applied to take the 
licensure examination. Section 313.9(b) is being amended to clarify the time 
frame during which a temporary license is valid. Section 313.9(c) is being 
amended to provide for the issuance of a second temporary license based on 
documented hardship. Section 313.13(j) is being amended to grant continuing 
education credit to licensees who instruct or present educational programs. 
Debbie Bradford, Program Director, has determined that for the first five-year 
period that the sections as proposed are in effect, there will be no fiscal 
implication for state or local governments as a result of enforcing or 
administering the sections as proposed. 
Ms. Bradford also has determined that for each year of the first five years that 
these sections are in effect, the public benefit anticipated as a result of 
enforcing these sections will be to assure the appropriate regulation of 
athletic trainers and to continue to identify competent practitioners. There 
will be no fiscal implications for small businesses as a result of enforcing or 
administering the rules. There will be no cost to persons who may be required to 
comply with the sections as proposed. There will be no effect on local 
employment. 
Comments on the proposed rules may be submitted to Debbie Bradford, Program 
Director, Advisory Board of Athletic Trainers, 1100 West 49th Street, Austin, 
Texas 78756-3183, (512)834-6615. Comments will be accepted for 30 days following 
publication of this proposal in the Texas Register. 
The amendments are proposed under Texas Civil Statutes, Article 4512d, sec.5(a), 
which provides the Advisory Board of Athletic Trainers with the authority to 
adopt rules consistent with the Act which are necessary for the performance of 
its duties; under sec.5(b), which provides the board with the authority to 
establish requirements for continuing education for athletic trainers; and under 
sec.10(c), which provides the board with the authority to establish requirements 
for temporary license issuance. 
The admendments affect Texas Civil Statutes, Article 4512d. 

sec.sec.313.1. Definitions.
The following words and terms when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise:
APA<ol> - The Administrative Procedure Act, Government Code, Chapter 2001.<ol>
[APTRA - The Administrative Procedure and Texas Register Act, Texas Civil 
Statutes, Article 6252-13a.] 

sec.sec.313.2. The Board's Operation. 
(a)-(d) (No change.) 
(e) Meetings. 
(1)-(2) (No change.) 
(3) Meetings shall be announced and conducted under the provisions of the Open 
Meetings Act, Government Code, Chapter 551<ol> [Texas Civil Statutes, Article 
6252-17].
(f)-(j) (No change.) 
(k) Agendas. 
(1) (No change.) 
(2) The official agenda of a meeting shall be filed with the Secretary of State 
of the State of Texas in accordance with the Open Meetings Act, Government Code, 
Chapter 551<ol> [Texas Civil Statutes, Article 6252-17]. 
(l) (No change.) 
(m) Official records. 
(1) All public records of the board shall be open for inspection during regular 
office hours unless such records contain information excepted from disclosure 
under the Open Records Act, Government Code, Chapter 552<ol>[Texas Civil 
Statutes, Article 6252-17a]; the Family Educational Rights and Privacy Act of 
1974, 20 United States Code, sec.1232g; or other applicable law. 
(2)-(3) (No change.) 
(n) (No change.) 
(o) Petition for adoption of a rule. 
(1)-(2) (No change.) 
(3) Consideration and disposition of the petition. 
(A)-(D) (No change.) 
(E) If the board initiates rule-making procedures [in accordance with the APTRA, 
sec.5], the version of the rule which the board proposes may differ from the 
version proposed by the petitioner. 
(4) (No change.) 

sec.sec.313.9. Temporary License. 
(a) A temporary license may be issued to an individual who meets the educational 
and apprenticeship requirements of this chapter[, but who has not previously 
applied to take the examination]. 
(b) After receiving the completed application required by sec.313.4 of this 
title (relating to Application Requirements and Procedures) and the 
nonrefundable temporary license fee, the board shall issue a temporary license 
to an applicant meeting the requirements of this section. This license entitles 
an applicant to perform the activities of an athletic trainer until the results 
of the first<ol> examination which the applicant is eligible to take<ol> are 
released.
(c) A temporary license shall not be renewed, but a second temporary license may 
be issued upon approval by the Administrative Services Committee on grounds of 
documented hardship<ol>. 
(d) (No change.)

sec.sec.313.13. Continuing Education Requirements. 
(a)-(b) (No change.) 
(c) Continuing education credit undertaken by a licensee for renewal shall be 
acceptable if the experience falls in one or more of the following categories: 
(1) (No change.) 
(2) clinical courses related to sports medicine; [or]
(3) in-service educational programs, training programs, institutes, seminars, 
workshops and conferences in sports medicine or athletic training; or<ol> [.] 
(4)<ol> instructing or presenting education programs or activities without 
compensation at an academic course, in-service educational programs, training 
programs, institutes, seminars, workshops and conferences in athletic training 
or sports medicine not to exceed five clock-hours each continuing education 
period. <ol> 
(d)-(i) (No change.) 
(j) The continuing education committee may not grant continuing education credit 
to any licensee for: 
(1)-(4) (No change.) 
(5) activities which have been completed more than once during the continuing 
education period; or<ol>
(6) performance of duties that are routine job duties or requirements.<ol> [; 
or] 
[(7) instructing or presenting continuing education programs or activities.] 
(k) (No change.)

sec.sec.313.14. Licensing of Persons with Criminal Backgrounds to be Athletic 
Trainers.
(a) (No change.) 
(b) Criminal convictions which directly relate to the occupation of athletic 
trainer. 
(1) (No change.) 
(2) In considering whether a criminal conviction directly relates to the 
occupation of an athletic trainer, the board shall consider:
(A) (No change.) 
(B) the relationship of the crime to the purposes for requiring a license to be 
an athletic trainer. The following felonies and misdemeanors relate to the 
license of an athletic trainer because these criminal offenses indicate an 
inability or a tendency to be unable to perform as an athletic trainer: 
(i)-(ii) (No change.) 
(iii) a misdemeanor and/or felony under various titles of the Texas Penal Code: 
(I)-(III) (No change.) 
(IV) Title 10 concerning offenses against public health, safety, and morals; 
and<ol> 
(V) Title 4 concerning offenses of attempting or conspiring to commit any 
offenses in this subsection.<ol>
[; and] 
[(VI) Insurance claim fraud under the Penal Code, sec.32.55.]
(iv) (No change.) 
(C)-(D) (No change.) 
(c) (No change.) 

sec.sec.313.15.Guidelines for Conduct.
(a)-(b) (No change.) 
(c) Professional representation and responsibilities. 
(1)-(5) (No change.) 
(6) A licensee shall comply with the provisions of the Texas Controlled 
Substances Act, [Texas Civil Statutes, Article 4476-15], and the Texas Dangerous 
Drug Act, Health and Safety Code, Chapter 483<ol> [Texas Civil Statutes, Article 
4476-14], and any rules of the Board of Health or the Texas State Board of 
Pharmacy implementing those statutes. 
(7)-(13) (No change.) 
(d) (No change.) 
(e) Sanctions. A licensee shall be subject to disciplinary action by the board 
if the licensee: 
(1)-(2) (No change.) 
(3) has an administrative penalty imposed by the attorney general's office under 
the Crime Victims Compensation Act, Code of Criminal Procedure, Chapter 56, 
Subchapter B<ol> [Texas Civil Statutes, Article 8309-1]. 
(f)-(g) (No change.)

sec.sec.313.17. Formal Hearings. 
(a) (No change.) 
(b) A hearing shall be conducted in accordance with  Administrative Procedure 
Act <ol> [Administrative Procedure and Texas Register Act]; this section; and 
the formal hearing procedures in Chapter 1 of this title (relating to Board of 
Health) with the following exceptions:
(1)-(2) (No change.) 
(c) (No change.) 
This board hereby certifies that the proposal has been reviewed by legal counsel 
and found to be within this board's authority to adopt.
Issued in Austin, Texas on May 29, 1996.
9607467
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: July 8, 1996
For further information, please call: (512) 458-7236

PART II. Texas Department of Mental Health and Mental Retardation
CHAPTER 409. Medicaid Programs
SUBCHAPTER I. Rehabilitative Services for Persons with Mental Illness
25 TAC sec.sec.409.351- 409.357
The Texas Department of Mental Health and Mental Retardation (TDMHMR) proposes 
the repeal of sec.sec.409.351-409.357, governing rehabilitative services for 
persons with mental illness. The repeal is proposed contemporaneously with the 
proposal of new sections of Chapter 409, Subchapter I, in this issue of the 
Texas Register.
The proposed repeal would allow for the proposal of new sections governing 
rehabilitative services for persons with mental illness.
Don Green, Chief Financial Officer, has determined that for each of the first 
five years the sections, as proposed, are in effect there will be no fiscal 
impact to state or local governments. There is no anticipated local economic 
impact.
Ernest McKenney, director, Medicaid Administration, has determined the public 
benefit is the adoption of new rules that will enable the department to better 
manage the public funding of services for persons with mental illness.
There will be no effect on small businesses. There is no significant economic 
cost to persons who are required to comply with the sections as proposed.  
Comments on the proposal may be submitted to Linda Logan, director, Policy 
Development, Texas Department of Mental Health and Mental Retardation, P.O. Box 
12668, Austin, Texas 78711-2668, within 30 days of publication.
The sections are proposed under the Health and Safety Code, sec.532.015(a), 
which provides the Texas Department of Mental Health and Mental Retardation 
Board with broad rulemaking authority; and under the provisions of Texas Civil 
Statutes, Article 4413(502), sec.16, which provides the Texas Health and Human 
Services Commission with the authority to administer federal medical assistance 
funds. 
The sections affect Texas Human Resources Code, sec.sec.32.001-32.040, and Texas 
Civil Statutes, Article 4413(502), sec.16.

sec.sec.409.351. Definitions.
sec.sec.409.352.Eligible Individuals.
sec.sec.409.353.Rehabilitative Services.
sec.sec.409.354.Service Limitations.
sec.sec.409.355.Provider Participation Requirements. 
sec.sec.409.356.Rehabilitative Services Reimbursement Methodology.
sec.sec.409.357.Right to Appeal.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on May 22, 1996. 
TRD-9607470
Ann Utley
Chairman
Texas Board of Mental Health and Mental Retardation 
Proposed date of adoption: October 1, 1996
For further information, please call: (512) 206-4516.

25 TAC sec.sec.409.351-409.365
The Texas Department of Mental Health and Mental Retardation (TDMHMR) proposes 
new sec.sec.409.351-409.365 of Chapter 409, Subchapter I, governing 
rehabilitative services for persons with mental illness. The new sections would 
replace existing sec.sec.409.351-409.357 of Chapter 409, Subchapter I, governing 
rehabilitative services for persons with mental illness, which are proposed 
contemporaneously for repeal in this issue of the Texas Register.
The new sections are proposed to more clearly define the services covered by 
this rule; to eliminate duplication of services; to more clearly define the 
population eligible for rehabilitative services; to expand the licensure 
categories of persons recognized as qualified to recommend and approve the 
provision of rehabilitative services; and to redefine the reimbursable unit of 
service and set limits on the amount of services that will be reimbursed.  A 
public hearing will be held at 9:00 a.m. on June 25, 1996, in the TDMHMR Central 
Office auditorium at 909 West 45th Street in Austin to accept oral and written 
testimony concerning the proposed amendments. If interpreters for the hearing 
impaired are required, please notify Laura Thomas at least 72 hours prior to the 
hearing by calling (512) 206-4516.
Don Green, chief financial officer, has determined that for the first five years 
the sections as proposed would be in effect, there will be a reduction in state 
general revenue expenditure requirements of $38,044,892. This dollar figure is 
the result of the impacts of various events that will occur as the rules are 
implemented, some related to the proposed rules and some driven by events 
outside of the proposed rules. In reviewing preliminary data, the department 
projects that $29,580,672 of the reduction results from reduced costs being 
experienced by the providers of rehabilitation services. In calculating the 
fiscal impact, the department assumes that $20,825,781 of state general revenue 
previously reimbursed through rehabilitation services will be provided through 
other program and administrative funding sources after the implementation of 
these rules. It has been determined that for each of the first five years the 
sections as proposed would be in effect there will be: for FY 1997 a total 
impact of $52,822,185 of which $33,045,559 is federal funds and $19,776,626 is 
state funds; for FY 1998 there will be a total impact of $53,915,847 of which 
$33,848,369 is federal funds and $20,067,478 is state funds; for FY 1999 total 
impact is $56,288,144 of which $35,337,697 is federal funds and $20,950,447 is 
state funds; for FY 2000 total impact is $58,483,382 of which $36,715,867 is 
federal funds and $21,767,515 is state funds; and for FY 2001 total impact is 
$60,764,234 of which $38,147,786 is federal funds and $22,616,448 is state 
funds. There is no anticipated local economic impact.
Ernest McKenney, director, Medicaid administration, has determined the public 
benefit is the development of rules which enable the department to better manage 
the public funding of services for persons with mental illness. There will be no 
effect on small businesses. There is no significant economic cost to persons who 
are required to comply with the sections as proposed. Questions about the 
content of the proposal may be directed to Mr. McKenney. Written comments on the 
proposal may be submitted to Linda Logan, director, Policy Development, Texas 
Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, 
Texas 78711-2668, within 30 days of publication. The sections are proposed under 
the Health and Safety Code, sec.532.015(a), which provides the Texas Mental 
Health and Mental Retardation Board with broad rulemaking authority; and under 
the provisions of Texas Civil Statutes, Article 4413(502), sec.16, which 
provides the Texas Health and Human Services Commission with the authority to 
administer federal medical assistance funds.
The section affects Texas Human Resources Code, sec.sec.32.001-32.040, and Texas 
Civil Statutes, Article 4413(502), sec.16.

sec.sec.409.351.Purpose.
The purpose of this subchapter is to define rehabilitation services for persons 
with mental illness; describe documentation and reimbursement for rehabilitation 
services for persons with mental illness; and to describe the methods by which 
eligibility is established and reimbursement for covered services is 
accomplished.

sec.sec.409.352.Application.
This subchapter applies to rehabilitation services for persons with mental 
illness. 

sec.sec.409.353.Definitions.
The following words and terms, when used in this subchapter, shall have the 
following meanings, unless the context clearly indicates otherwise: 
Arrangement-A contract executed between the enrolled Medicaid provider of 
rehabilitative services and a qualified person or entity for the provision of 
direct rehabilitation services to eligible recipients.
Department -The Texas Department of Mental Health and Mental Retardation 
(TDMHMR) or its designee.
Individual - Medicaid-eligible recipient of rehabilitative services.
Institution for mental diseases-A hospital, nursing facility, or other 
institution of more than 16 beds, that is primarily engaged in providing 
diagnosis, treatment, or care of persons with mental illness, including medical 
attention, nursing care, and related services.
Direct contact - Face-to-face intervention with the Medicaid-eligible recipient 
of rehabilitative services (or the primary care giver of a minor child who is 
receiving rehabilitative services) for the purpose of ameliorating the symptoms 
of the individual's mental illness. 
Emergency - A situation in which an individual is at immediate risk of causing 
harm to self or others.
Licensed practitioner of the healing arts-An individual who is: 
(A) a physician (MD or DO) licensed to practice medicine in Texas; 
(B) a licensed professional counselor (LPC) as defined in Texas Civil Statutes 
sec.4512g; 
(C) a licensed masters social worker (LMSW)-Advanced Clinical Practitioner (ACP) 
as defined in the Human Resources Code, Chapter 50; or 
(D) a licensed or certified psychologist as defined in Texas Civil Statutes 
sec.4495b.
Medically necessary services - Those services which: 
(A) are reasonable and necessary for the treatment of a mental health or 
chemical dependency disorder or to improve, maintain, or prevent deterioration 
of functioning resulting from such a disorder;  
(B) are in accordance with accepted standards of practice in behavioral health 
care; 
(C) are furnished in the most appropriate and least restrictive setting in which 
services can be safely provided; 
(D) are the most appropriate level or supply of service which can be safely 
provided; and 
(E) could not have been omitted without adversely affecting the individual's 
mental and/or physical health or the quality of care rendered. 
On site-Services provided at a site operated by the provider such as a clinic, 
clubhouse, or day treatment setting. 
Professional - An individual who possesses the qualifications of a qualified 
mental health professional as defined in Chapter 408, Subchapter B of this 
title, governing Mental Health Community Services Standards.
Paraprofessional -All staff providing direct care, other than those designated 
as qualified mental health professionals as defined in Chapter 408, Subchapter B 
of this title, governing Mental Health Community Service Standards, who have 
received training appropriate to their area of responsibility. The work of all 
mental health paraprofessionals is supervised by qualified mental health 
professionals. 
Treatment plan - The plan which an individual and his/her provider develop, 
based on assessments, to address the identified needs of the individual. At a 
minimum, the plan includes measurable outcomes targeted to identified 
symptoms/needs, individual functioning, treatment intervention, time frames, and 
responsible staff. 
Rehabilitative services - Any medical or remedial services recommended by a 
licensed practitioner of the healing arts, practicing within the scope of 
his/her license, for maximum reduction of an individual's mental disabilities 
and restoration to his/her best functional level. 
Texas Department of Mental Health and Mental Retardation (TDMHMR)-The Texas 
Department of Mental Health and Mental Retardation or its designee.
Unit of service:
(A) Community support services - The reimbursable unit of service for community 
support services is as follows: 
(i) brief direct contact - 1 to 30 minutes; 
(ii) intermediate direct contact - 31 to 60 minutes; or 
(iii) extended direct contact - 61 to 90 minutes. 
(B) Day program - The reimbursable unit of service for day programming is one 
hour.
Vocational services- Services related to the preparation of an individual for 
employment including training in job task specific skills and job development or 
placement.

sec.409.354. Eligible Individuals.
To be eligible for Medicaid reimbursement of rehabilitative services under this 
subchapter, an individual must:
(1) be under the age of 18 with a diagnosis of a mental illness other than a 
single diagnosis of mental retardation, substance abuse, autism, or pervasive 
developmental disorder, and have a current Global Assessment of Functioning 
(GAF) score of 50 or less, or have been identified in school by special 
education personnel as being emotionally disturbed, or have been determined to 
be at risk of out-of-home placement due to an emotional disturbance; or 
(2) be 18 years of age or older, with a diagnosis of a severe and persistent 
mental illness such as schizophrenia, major depression, or bipolar disorder, or 
another severely disabling mental disorder (other than a sole diagnosis of 
mental retardation or substance abuse), with a current Global Assessment of 
Functioning (GAF) score of 50 or less; 
(3) be enrolled as a Medicaid recipient; 
(4) be residing in a living arrangement other than an institution for mental 
diseases as defined in sec.409.351 of this title (relating to Definitions), and, 
in the absence of these services, be at risk of institutionalization; or, if 
residing in a nursing facility, have been determined to require specialized 
services by the department through a preadmission screening and annual resident 
review assessment; and 
(5) except for medically necessary services to ameliorate an emergency 
situation, have a current treatment plan that specifies and describes in writing 
the treatment and rehabilitative services which are reasonable and medically 
necessary to ameliorate the effects of mental illness. 

sec.sec.409.355.Rehabilitative Services: General Requirements.
(a) Individuals must be assessed according to the department's uniform 
assessment protocol, and be determined to be in need of rehabilitative services. 
(b) A licensed practitioner of the healing arts, practicing within the scope of 
his or her license, working under the auspices of the enrolled Medicaid 
provider, must personally evaluate each individual and prescribe or approve by 
signature on the treatment plan based on the findings of the assessments. 
(c) The treatment plan must be developed and reviewed/updated in accordance with 
Chapter 408, Subchapter B of this title, governing Mental Health Community 
Services Standards. 
(d) Approval of the treatment plan is required before the delivery of 
rehabilitative services unless an emergency situation requires immediate 
intervention. The rationale for emergency interventions must be documented in 
the individual's medical record. 
(e) Services must be provided by professional staff or paraprofessional staff 
working under the supervision of a professional, trained in accordance with 
Chapter 408, Subchapter B of this title, governing Mental Health Community 
Services Standards. 
(f) Services for adults and children must be provided separately.

sec.sec.409.356.Reimbursable Rehabilitative Service
Definitions: Community Support Services. 
(a) Definition. All community support services include individualized or small 
group services provided by professionals or paraprofessionals under the 
supervision of a professional, either on site (including in the home of a child 
or an adult) or in the community, but not as part of a day program. Services 
include an assessment by professional staff and training provided by 
professional or paraprofessional staff under the supervision of a professional. 
Treatment and training objectives and skills attainment will be monitored for 
effectiveness and modified as needed. 
(b) Service components. Service components provided under this definition 
include: 
(1) Symptom management and support services. Services focus on managing, 
reducing, or eliminating acute symptoms of mental illness in adults and acute or 
persistent symptoms of emotional disturbance in children. The assessment 
includes the gathering of baseline information on the manifestation of the 
psychiatric symptomatology, designing interventions, including interventions for 
children, and monitoring outcomes. Unscheduled interventions may be provided on 
an emergency basis.
(A) Nursing services are provided by an RN or LVN and include:
(i) administration of medication; 
(ii) monitoring of the efficacy of medication; 
(iii) monitoring of the side-effects of medication; 
(iv) nursing services relating to detoxification; and 
(v) other nursing services which enable adults with mental illness and children 
who are severely emotionally disturbed to attain or maintain an optimal level of 
functioning. 
(B) Other symptom management and support services are provided to adults by a 
professional or paraprofessional to assist in the identification and management 
of symptoms of mental illness. Other symptom management and support services are 
provided to children by professional to assist in the identification and 
management of severe emotional disturbance. Such services may include but are 
not limited to: 
(i) instruction in methods of managing stress; 
(ii) instruction in strategies or behavioral techniques for coping with and 
managing the symptoms of mental illness in adults and emotional disturbance in 
children; 
(iii) reality orientation; 
(iv) training related to self-administration of medication; (v) identification 
and management of side-effects of medication; or 
(vi) supportive services during times of crisis or episodes of acute 
symptomatology. 
(2) Community living skills. Services focus on ameliorating mental and 
functional disabilities by focusing on the effect of the psychiatric 
symptomatology on community integration. Such services may include but are not 
limited to: 
(A) problem solving, training, support, and supervision related to activities of 
daily living to assist individuals in gaining and utilizing skills required to 
attain or maintain community tenure (e.g., personal hygiene, household tasks, 
money management, etc.); 
(B) training and support that will enable the adult or child to access needed 
services in the community (e.g. medical care, dental care, legal services, 
transportation services, living accommodations, etc.); 
(C) training to improve communication, increase interpersonal interactions, and 
enhance appropriate interpersonal behaviors; and 
(D) interventions to develop natural supports in the adult or child's living, 
social, and learning environments. 
(3) Employment-related support and skills training. Services focus on reducing 
or managing behaviors or symptoms of mental illness that interfere with an 
adult's ability to obtain or retain employment. Assessments by professional 
staff include the gathering of baseline information on the skill strengths and 
deficits, determining the impact of the individual's symptomatology on 
employment, designing interventions, and monitoring outcomes. Such services may 
include but are not limited to: 
(A) instruction in dress, grooming, socially acceptable behaviors, and etiquette 
necessary to obtain or retain employment; 
(B) instruction in arranging transportation, utilizing public transportation, 
accessing and utilizing available resources related to the acquisition of 
employment, and accessing employment-related programs and benefits such as 
unemployment, workers compensation, and social security; 
(C) interventions or supportive contacts provided on or off the job site to 
reduce behaviors and symptoms of mental illness that interfere with job 
performance; and 
(D) interventions designed to develop natural supports on or off the job site to 
compensate for skill deficits that interfere with job performance.

sec.sec.409.357. Reimbursable Rehabilitative Service
Definitions: Day Program Services for Acute Needs.
(a) Definition. Day program for acute needs includes program-based services 
focused on the short-term, intensive treatment provided by professionals and 
paraprofessionals to adults with serious mental illness or children with severe 
emotional disturbance who require multidisciplinary treatment in order to 
stabilize acute psychiatric symptomatology and prevent admission to a more 
restrictive setting, including a psychiatric hospital, nursing facility, or 
similar setting. Contacts with staff will be frequent, activities and services 
constantly available, development of social supports encouraged and facilitated, 
and staff will receive specialized training in crisis management. Activities 
will be goal oriented, focusing on improving peer interaction, appropriate 
social behavior, experience in the community, and stress tolerance. The initial 
prescribed length of stay per episode may not exceed ten consecutive calendar 
days for adults. Extensions may be authorized by the department or its designee 
based on evidence that an extension would be medically necessary to improve the 
individual's current condition or to prevent admission to a more restrictive 
setting, including psychiatric hospital, nursing facility, or similar setting. 
(b) Service components. Service components provided under this definition 
include: 
(1) Psychiatric nursing care. Continuous on-site services are provided by an RN 
and include assessment, supervision, coordination of medical activities, 
monitoring and evaluation of medications for effectiveness, medication training, 
administration of medication, specimen collection, crisis medical interventions 
(as ordered by a physician), and general nursing care. 
(2) Behavior skills training. Assessment by professional staff and training 
provided by professional or paraprofessional staff focuses on minimizing the 
effect of the individual's mental illness on his/her level of function. The 
assessment component includes the gathering of baseline information on the 
manifestation of the acute psychiatric symptomatology, designing interventions 
and monitoring outcomes. These objectives and skills will be monitored for 
effectiveness modifications will be made as needed. The training component 
includes teaching children or adults about: 
(A) symptomatology; 
(B) ways to avoid florid occurrences; 
(C) the identification of signs of reoccurrence of symptomatology; and 
(D) assisting the individual in developing internal locus of control in regard 
to symptomatology and developing new coping mechanisms associated with the 
symptomatology.
(3) Independent daily living skills training. Assessment by professional staff 
and training provided by professional or paraprofessional staff focused on 
assisting the child or adult to acquire the most immediate, fundamental 
functional skills needed to enable the individual to reside in the community and 
avert more restrictive levels of treatment. This assessment component includes 
the gathering of baseline information pertaining to current functional skill 
levels, the identification of those skills that the adult will need to increase 
community tenure or the child will need to be maintained at home or in the 
preferred living situation, the development of an individualized skill 
acquisition program, and the evaluation of outcomes. The training component 
includes skill training as prescribed in the individual treatment plan. For 
children this may include, but is not limited to, self tasks, socialization, and 
developmentally appropriate skills. For adults this may include, but is not 
limited to, the development of skills in the areas of personal hygiene, 
nutrition, food preparation, exercise, and integration into activities in the 
community. 
(c) Location of services. Services will be provided in a highly structured and 
safe environment with constant supervision. Day programs for acute needs may be 
provided in free-standing programs serving persons residing elsewhere in the 
community or within a 16-bed (or smaller) short-term, crisis resolution-oriented 
treatment setting. 
(d) Staffing ratios. Minimum staffing ratios for day programs for acute needs 
are as follows (Note: minimum requirements are not to be construed as absolutes. 
Based on consumer need, additional staffing must be provided and documented to 
ensure safety and adequacy of programming): 
(1) one RN on site at all times during hours of operation for each 16 
individuals and additional staff as required to maintain a ratio of one staff 
member to four individuals; 
(2) one additional professional staff available, with a response time not to 
exceed 30 minutes, during all hours of program operation,;
(3) one physician available, with a response time not to exceed 30 minutes 
during all hours of day program operation; and 
(4) a minimum of two staff must be on site at all times of program operation. 
(e) Supervision. Day programs for acute needs must be under the direction of a 
professional other than the on-site RN required to meet the minimum staffing 
ratios. 

sec.sec.409.358.Reimbursable Rehabilitative Service
Definitions: Day Program Services for Skills Training.
(a) Definition. Day programs for skills training are program-based services, 
including school-based services for children, provided by professionals or 
paraprofessionals to adults with serious mental illness or children with severe 
emotional disturbance who, with instruction, guidance, and structure or support, 
may be capable of increasing their level of functioning and who do not require 
more intensive short-term treatment. Adults served in this program should be 
able to manage self-care tasks, demonstrate awareness of impact on others, 
demonstrate a measurable degree of goal orientation, and not exhibit either 
threatening or extremely disruptive behaviors. Program components focus on the 
amelioration of mental and functional deficits through skills training and 
supportive interventions. 
(b) Service components. Service components provided under this definition 
include: 
(1) Nursing services. On-site services are provided by an RN or LVN, including: 
(A) monitoring and evaluation of medications for effectiveness;
(B) medication training; 
(C) administration of medication; 
(D) specimen collections (as ordered by a physician); and
(E) general nursing care. 
(2) Medication training. Instruction is provided by an RN or LVN that includes, 
but is not limited to, information pertaining to the purpose of the medication, 
potential side-effects of the medication, contraindications, overdose 
precautions, and self administration of medication.
(3) Community integration skills training. Assessment is provided by 
professional staff and training is provided by professional or paraprofessional 
staff, focused on assisting the child or adult to acquire skills necessary to 
enable the individual to function appropriately in the community. The assessment 
component includes the gathering of baseline information pertaining to current 
functional skill levels, the identification of skills necessary for the adult to 
increase community tenure (including the development of a skills acquisition 
program, with an evaluation of outcomes) and the child to function effectively 
in his/her social environment (family, peers, school). For children, the 
training component may include, but is not limited to, instruction in behavioral 
skills necessary for the child to be maintained in his/her usual community and 
school setting, socialization, stress management, and other developmentally 
appropriate skills. For adults, instruction is provided by a professional or 
appropriately trained paraprofessional under the supervision of a professional, 
relating to community integration (including but not limited to safety, home 
maintenance, employment, security, mobility, accessing services, and social 
appropriateness), instruction in self-care tasks (i.e., personal hygiene, 
health, nutrition, dress, grooming, manners, etc.). 
(4) Symptom management skills training. Training is provided by professionals to 
assist the child in the identification and management of symptoms of emotional 
disturbance or to assist adults in the identification and management of symptoms 
of mental illness. Training may include methods of managing stress, and 
behavioral strategies and techniques for coping with and managing the symptoms 
of mental illness. 
(c) Location of services. Day programs for skills training may be offered either 
at freestanding sites in the community or within a 16-bed (or smaller) 
residential treatment/training facility. 
(d) Staffing ratios. Minimum staffing ratios for day program for skills training 
are as follows (Note: minimum requirements are not to be construed as absolutes. 
Based on consumer need, additional staffing must be provided and documented to 
ensure safety and adequacy of programming):
(1) one professional staff must be on site during all hours of program 
operation; 
(2) additional staff sufficient to maintain a ratio of one staff to six children 
and one staff to eight adults during all hours of program operation; 
(3) one additional professional available during all hours of program operation 
with a response time not to exceed 30 minutes (this professional may not be 
someone assigned full time to another day program); and 
(4) a minimum of two staff must be on site during all hours of program 
operation. 
(e) Supervision. Day programs for skills training must be under the direction of 
a professional other than the professional staff required to meet minimum 
staffing ratios. 

sec.sec.409.359.Reimbursable Rehabilitative Service
Definitions: Day Program Services for Skills Maintenance.
(a) Definition. Day program for skills maintenance comprise program-based, long-
term services provided to adults with a severe and persistent mental illness who 
are in need of day program services to ensure personal well being and to reduce 
the risk of or duration of placement in a more restrictive setting, including 
psychiatric hospital, nursing facility, or similar facility. The provision of 
extended care day program services is limited to individuals who, due to age or 
the nature of the mental illness, are unable to benefit from a more active 
skills-based training program. Services provided under this program have as 
their primary focus the maintenance of functional skills, symptom reduction, and 
the provision of assistance with activities of daily living. Professional or 
paraprofessional staff will be present at all times in order to meet individual 
needs, provide support, and ensure individual safety. Activities are provided 
that focus on socialization, skill maintenance, and community integration. 
(b) Service components. Service components provided under this definition 
include: 
(1) Nursing services. Care is provided by an RN or LVN to:
(A) monitor and administer medication; 
(B) manage physical medical conditions; and 
(C) coordinate treatment with the primary care physician and psychiatrist as 
necessary. 
(2) Skill maintenance programming. Activities are provided by professional or 
paraprofessional staff, aimed at utilizing existing functional skills in order 
to maintain those skills or slow their deterioration. These activities include, 
but are not limited to, personal care skills, social integration skills, 
relaxation exercise skills and movement activities. 
(3) Activities to increase community integration. This service focuses on the 
development of socially valued, age-appropriate activities aimed at providing 
life enriching experiences. These activities include involvement in community 
activities (going to the movies, library, restaurants, etc.), visiting community 
focal points (church, cultural attractions, etc.), and development of 
recreational interests (bingo, hobbies, reading, etc.). 
(c) Location. Day programs for skill maintenance may be offered either at 
freestanding sites in the community, within a 16-bed (or smaller) assisted 
living facility, or within facilities of 17 or more beds, that are not otherwise 
Medicaid reimbursed, when persons receiving the services are 65 or more years of 
age. 
(d) Staffing ratios. Minimum staffing ratios for day programs for skill 
maintenance are as follows (Note: minimum requirements are not to be construed 
as absolutes. Based on consumer need, additional staffing must be provided and 
documented to ensure safety and adequacy of programming):
(1) one RN available during all hours of program operation with a response time 
not to exceed 30 minutes and who is not assigned full time to another day 
program; 
(2) additional staff must be present to maintain a ratio of one staff to five 
individuals during all hours of program operation; 
(3) one additional professional staff must be available with a response time not 
to exceed 30 minutes during all hours of program operation and who is not 
concurrently employed in another day program; and
(4) a minimum of two staff must be on site at all times of program operation. 
(e) Supervision. Day programs for skill maintenance must be under the direction 
of professional other than the RN required for the minimum staffing ratios. 

sec.sec.409.360. Documentation Requirements 
(a) Rehabilitative services for which Medicaid reimbursement is sought must be 
documented prior to submitting a claim for service at the following intervals: 
(1) community support services-after each direct contact; 
(2) day programming for acute need-daily; 
(3) day programming for skills training and day programming for skills 
maintenance: 
(A) daily for documentation elements in subsection (b)(1)-(5) of this section; 
(B) weekly for documentation elements in subsection (b)(6)-(7) of this section; 
and 
(C) at the time of occurrence for any pertinent clinical events.
(b) Documentation must include: 
(1) type of service provided; 
(2) date and actual time the service was provided; 
(3) amount of time spent in the delivery of the service;
(4) who provided the service; 
(5) setting in which the service was provided; 
(6) goal or objective of the treatment plan addressed by the service; and 
(7) progress or lack of progress in achieving treatment outcomes.

sec.sec.409.361.Service Limitations. 
(a) Reimbursement is inclusive of all services provided within the day program, 
including the services of physicians or others who may be called to the day 
program to attend to the needs of an individual. 
(b) Individual or small group services provided to an individual on the same day 
as day programming must not duplicate training or services that are offered 
within the day program or must be of an emergency nature, the need for which 
occurred outside the hours of the day program. Similar community support service 
contacts with the primary care givers of minor children enrolled in a day 
program may occur while the child is in the day program. 
(c) Emergency services may not be provided in a small group setting. 
(d) Reimbursement will not be provided for services in excess of: 
(1) six hours of of individual services per calendar day; 
(2) three hours of small group services per calendar day; and 
(3) six hours of day programming per calendar day. 
(e) Individuals must be present, awake, and participating during the time for 
which a claim is submitted. 
(f) Rehabilitative services provided in residential facilities must be conducted 
in part of the facility that is separate and distinct from the recipient's 
sleeping quarters in that facility. 
(g) Small group services are limited to a maximum of eight individuals. 
(h) Services must be delivered in accordance with the applicable standards as 
described in Chapter 408, Subchapter B of this title, governing Mental Health 
Community Services Standards. 
(i) Staff providing day program services cannot provide individual or small 
group community support services during program hours. 
(j) Nursing services that are incidental to another Medicaid service, including 
an office visit with a physician, are not covered as rehabilitative services.

sec.sec.409.362.Program Limitations.
(a) Rehabilitative services are not reimbursable as Medicaid services if they 
are duplicative or if they are associated with the proper and efficient 
administration of the state plan. Rehabilitative services associated with the 
following are not reimbursable: 
(1) Medicaid eligibility determinations and redetermination;
(2) Medicaid eligibility intake processing; 
(3) prior authorization for Medicaid services; 
(4) Medicaid preadmission screening; 
(5) required Medicaid utilization review; 
(6) Early Periodic Screening, Diagnosis, and Treatment (EPSDT) administration; 
and 
(7) Medicaid "lock-in" provided for under sec.1915(a) of the Social Security 
Act. 
(b) Specifically, reimbursement will not be made for the following:
(1) services that are an integral and inseparable part of another Medicaid 
service; 
(2) outreach activities that are designed to locate individuals who are 
potentially Medicaid eligible; 
(3) any medical evaluation, examination, or treatment billable as a distinct 
Medicaid covered benefit except as otherwise specified in this subchapter; or 
(4) any rehabilitative services provided to an individual residing in a nursing 
facility, unless the individual has been determined by the department, through a 
preadmission screening and annual resident review (PASARR) assessment, to 
require specialized services in a nursing facility. Documentation of the PASARR 
determination must be maintained with the rehabilitative services treatment 
plan. 
(c) In addition to the services described in subsection (a) and (b) of this 
section, rehabilitative services do not include the following:
(1) room and board residential costs; 
(2) educational or vocational services; 
(3) services provided in inpatient hospital settings;
(4) services to individuals with developmental disabilities that are non-
psychiatric in nature; 
(5) services in excess of the established benefit limits;
(6) services to inmates of a public institution (e.g., penal institutions) as 
defined in 42 CFR 435.1009; 
(7) services to individuals under 65 years of age who are patients of an 
institution of mental diseases, as described in 42 CFR 435.1009(2), regardless 
of where the services are provided; and 
(8) services to individuals who are residents of ICF-MR facilities.

sec.sec.409.363.Provider Participation Requirements.
To participate in the Texas Medical Assistance Program, and receive state and 
federal reimbursements for services to eligible individuals, a provider agency 
which provides directly or under arrangement rehabilitative services for persons 
with mental illnesses must:
(1) have an approved application on file with the department to participate as a 
provider of rehabilitative services for persons with mental illness in the Title 
XIX Texas Medical Assistance Program; 
(2) be certified by the department to provide rehabilitative services. Day 
program services must be individually certified. Multiple day programs occurring 
at the same time, at a single facility must be separate and distinct both in 
staff and location; 
(3) meet the following criteria: 
(A) meet the requirements of Chapter 408, Subchapter B of this title, governing 
Mental Health Community Services Standards; 
(B) be a community-based agency provided for under sec.534.054 of the Texas 
Health and Safety Code; 
(C) have a service delivery system that provides or insures the provision of the 
required services as outlined in sec.534.053 of the Texas Health and Safety Code 
and by the department; and 
(D) be in compliance with the Guidelines for Annual Financial and Compliance 
Audits of Community MHMR Centers and/or other state policies and procedures as 
determined by the state auditor and the TDMHMR Office of Internal Audit; 
(4) comply with all applicable federal, state, and local laws and regulations 
pertaining to rehabilitative services for persons with mental illness; 
(5) sign a written provider agreement with the department. By signing the 
agreement, the provider of rehabilitative services for persons with mental 
illnesses agrees to comply with the terms of the agreement and all regulations, 
rules, handbooks, standards, and guidelines published by the department; 
(6) bill for services covered by the Texas Medical Assistance Program in the 
manner and format prescribed by the department; 
(7) ensure that rehabilitative services are delivered through a system with 
written standards and procedures which ensure there is an overall coordination 
of rehabilitative services for eligible Medicaid recipients; 
(8) ensure that when services are provided under arrangement that the provider 
delivering those services under arrangement: 
(A) complies with all applicable federal, state, and local laws and regulations 
relating to rehabilitative services for persons with mental illnesses; 
(B) has in effect an agreement with the provider agency stipulating that the 
provider delivering services under arrangement complies with all requirements of 
the Texas Medical Assistance Program including regulations, rules, handbooks, 
standards, and guidelines; and 
(C) meet the requirements of Chapter 408, Subchapter B of this title, governing 
Mental Health Community Standards applicable for the service(s) being delivered; 
(9) retain the full responsibility for rehabilitative services whether delivered 
directly or under arrangement.

sec.sec.409.364.Rehabilitative Services Reimbursement Methodology. 
(a) General information. 
(1) The department will reimburse qualified providers for rehabilitative 
services provided to Medicaid-eligible persons with mental illness. 
(2) The Texas Mental Health and Mental Retardation Board determines 
reimbursement according to sec.sec.409.001-409.007 of this title (relating to 
General Specifications; Methodology; Basic Objectives and Criteria for Desk 
Review of Cost Reports; Determination of Inflation Indices; Notification; 
Adjusting Rates When New Legislation, Regulations, or Economic Factors Affect 
Costs; and Reviews and Administrative Hearings). The reimbursement is uniform 
and determined prospectively and at least annually. Reimbursement may be 
determined more often if the Texas Mental Health and Mental Retardation Board 
determines it to be necessary. 
(b) Reimbursement during initial reimbursement period. 
(1) For the initial reimbursement period October 1, 1996, through September 30, 
1997, providers will be reimbursed utilizing estimated costs to determine pro 
forma rates. The pro forma rates were developed based on salary data obtained 
from the Texas Medical Association and the 1994 National Survey of Hospital and 
Medical School Salaries. Salaries were based on median salary rates and adjusted 
as appropriate for Texas-specific salaries. The Implicit Price Deflator for 
Personal Consumption Expenditures (IPD-PCE) was used to inflate the 1994 
salaries to the initial rate period. Rates are cost based using staffing 
requirements as specified in sec.409.356 of this title (relating to Reimbursable 
Rehabilitative Service Definitions: Community Support Services; sec.409.357 of 
this title (relating to Reimbursable Rehabilitative Service Definitions: Day 
Program Services for Acute Needs); sec.409.358 of this title (relating to 
Reimbursable Rehabilitative Service Definitions: Day Program Services for Skills 
Training); and sec.409.359 of this title (relating to Reimbursable 
Rehabilitative Service Definitions: Day Program Services for Skills 
Maintenance). 
(2) During the initial reimbursement period, the department will collect cost 
data as described in subsection (d) of this section. 
(3) Utilizing data collected during the initial period, the department will 
calculate rates using the process described in subsection
(e) of this section and use these cost-based rates for reconciliation of 
payments made using the pro forma rates. 
(c) Reimbursement during subsequent periods. Beginning October 1, 1997, the 
reimbursement will be developed via the department's cost report process as 
described in subsections (d) and (e) of this section.
(d) Reporting of Costs. 
(1) Cost reporting. Providers must submit information quarterly, unless 
otherwise specified, on a cost report formatted according to the department's 
specifications, and preapproved by the department. From the data, the department 
will develop and implement cost-based, statewide, uniform reimbursements for 
rehabilitative services. Providers must complete the cost report forms according 
to the rules and specifications set forth in the methodology specified in this 
section. 
(2) Reporting period and due date. Provider agencies must prepare the cost 
report to reflect rehabilitative activities during the designated cost report 
reporting period. The cost reports must be submitted to the department no later 
than 45 days following the end of the designated reporting period unless 
otherwise specified by the department. 
(3) Extension of the due date. The department may grant extensions of due dates 
for good cause. A good cause is one that the provider agency could not 
reasonably be expected to control. Provider agencies must submit requests for 
extensions in writing to the department before the cost report due date. The 
department responds to requests within 10 workdays of receipt. 
(4) Failure to file an acceptable cost report. If a provider agency fails to 
file a cost report according to all applicable rules and instructions, the 
department may withhold all provider payments until the provider agency submits 
an acceptable cost report. 
(5) Allocation method. If allocations of cost are necessary, provider agencies 
must use and be able to document reasonable methods of allocation. The 
department adjusts allocated costs if the department considers the allocation 
method to be unreasonable. The provider agency must retain work papers 
supporting allocations, as specified in TAC 40 sec.69.202, relating to 
Contractor Records. 
(6) Cost report certification. Provider agencies must certify the accuracy of 
cost reports submitted to the department in the format specified by the 
department. Provider agencies may be liable for civil and/or criminal penalties 
if they misrepresent or falsify information. 
(7) Cost data supplements. The department may at times require additional 
financial and statistical information other than the information contained on 
the cost report. 
(8) Review of cost reports. The department staff review each cost report to 
ensure that all financial and statistical information submitted conforms to all 
applicable rules and instructions. The review of the cost report includes a desk 
audit. The department reviews all cost reports according to the criteria 
specified in sec.409.003 of this title (relating to Basic Objectives and 
Criteria for Desk Review of Cost Reports). If a provider agency fails to 
complete the cost report according to instructions or rules, the department 
returns the cost report to the provider agency for proper completion. The 
department may require information other than that contained in the cost report 
to substantiate reported information. 
(9) On-site audits. The department may perform on-site audits on all provider 
agencies that participate in the Medicaid program for rehabilitative services. 
The department determines the frequency and nature of audits but ensures that 
they are not less than that required by federal regulations related to the 
administration of the program. 
(10) Notification of exclusions and adjustments. The department notifies 
providers of exclusions and adjustments to reported expenses made during desk 
reviews and on-site audits of cost reports as specified in sec.409.005 of this 
title (relating to Notification). 
(11) Access to records. Each enrolled provider must allow access to all records 
necessary to verify cost report information submitted to TDMHMR. This 
requirement includes records pertaining to related-party transactions and other 
business activities engaged in by the enrolled provider. If a provider agency 
does not allow inspection of pertinent records within 14 days following written 
notice from the department, a hold is placed on vendor payments until access to 
the records is allowed. If the provider agency continues to deny access to 
records, the department may cancel the provider agency's contract. 
(12) Record keeping requirements. Provider agencies must maintain records 
according to the requirements specified in TAC 40 sec.69.202, relating to 
Contractor Records. Provider agencies must ensure that records are accurate and 
sufficiently detailed to support the financial and statistical information 
contained in cost reports. 
(13) Failure to maintain adequate records. If a provider agency fails to 
maintain adequate records to support the financial and statistical information 
reported in cost reports, the department allows 30 days for the provider to 
bring record keeping into compliance. If a provider agency fails to correct 
deficiencies within 30 days from the date of notification of the deficiency, the 
department may cancel the provider agency's contract for services. 
(e) Reimbursement determination. The department determines reimbursement in the 
following manner: 
(1) Inclusion of certain reported expenses. Provider agencies must ensure that 
all requested costs are included in the cost report. 
(2) Data collection. The department collects several different kinds of data. 
These include the number of units of rehabilitative services that individuals 
receive (client time) and the number of direct care service minutes by staff 
(server minutes). The cost data will include direct costs, programmatic indirect 
costs, and general and administrative overhead costs. These costs include 
salaries, benefits, and other costs. Other costs include nonsalary related costs 
such as building and equipment maintenance, repair, depreciation, amortization, 
and insurance expenses; employee travel and training expenses; utilities; plus 
material and supply expenses. 
(A) Server time is collected by the type of service delivered. These services 
are specified in sec.409.356 of this title (relating to Reimbursable 
Rehabilitative Service Definitions: Community Support Services; sec.409.357 of 
this title (relating to Reimbursable Rehabilitative Service Definitions: Day 
Program Services for Acute Needs); sec.409.358 of this title (relating to 
Reimbursable Rehabilitative Service Definitions: Day Program Services for Skills 
Training); and sec.409.359 of this title (relating to Reimbursable 
Rehabilitative Service Definitions: Day Program Services for Skills 
Maintenance). 
(B) The server time can be given by professionals and paraprofessionals. These 
include, but are not necessarily limited to physicians, psychologists, nurses, 
social workers, mental health technicians, counselors, therapists, and therapy 
associates. The department collects the wages, salaries, benefits, and other 
costs to determine reimbursement. 
(C) Programmatic indirect costs include salaries, benefits, and other costs of 
the rehabilitative service programs that are indirectly related to the delivery 
of rehabilitative services to individuals. General administrative overhead 
includes the salaries, benefits, and other costs of operations of the provider 
that, while not directly part of the rehabilitative program, constitute costs 
which support the operations of the rehabilitative program. 
(3) Reimbursement methodology. The department determines the recommended 
reimbursement using the following method: 
(A) Cost per unit of service. Within an individual service, the unit cost is 
determined by dividing the total cost of the rehabilitative service by the total 
units of service. 
(B) Projected and adjusted costs. Reported costs are projected and adjusted 
prior to calculations for determining reimbursement. The department uses 
reasonable methods for projecting costs from the historical reporting period to 
the prospective reimbursement period. The historical reporting period is the 
time period covered by the cost report. Cost projections adjust the allowed 
historical costs for significant changes in cost related conditions anticipated 
to occur between the historical cost period and the prospective reimbursement 
period. Significant conditions include, but are not necessarily limited to, wage 
and price inflation or deflation, changes in program utilization and occupancy, 
modification of federal or state regulations and statutes, and implementation of 
federal or state court orders and settlement agreements. The department 
determines reasonable and appropriate economic adjusters, as specified in 
sec.409.004 of this title (relating to Determination of Inflation Indices), to 
calculate the projected expenses. The Implicit Price Deflator for Personal 
Consumption Expenditures (IPD-PCE), which is based on data from the U.S. 
Department of Commerce, is the most general measure of inflation and is applied 
to most salaries, materials, supplies, and services when other specific 
inflators are not appropriate. The three payroll tax inflators, FICA (Social 
Security), FUTA/SUTA (federal and state unemployment) and WCI (Workers' 
Compensation) are based on data obtained from the Statistical Abstract of the 
United States, the Texas Employment Commission, and the Texas Board of 
Insurance, respectively. For community-based providers, wage inflation factors 
are based on wage and hour survey information submitted on cost reports or 
special surveys or the IPD-PCE, when wage and hour survey information is 
unavailable. For state-operated providers, the inflation factor is based on wage 
increases approved by the Texas Legislature. The department adjusts 
reimbursement if new legislation, regulations, or economic factors affect costs, 
as specified in sec.409.006 of this title (relating to Adjusting Rates when New 
Legislation, Regulations, or Economic Factors Affect Costs). 
(C) Reimbursement determination. For each type of rehabilitative service each 
provider's cost per unit of service is calculated. The mean provider cost per 
unit of service is calculated, and the statistical outliers (those providers 
whose unit costs exceed plus or minus () two standard deviations of the mean 
provider cost) are removed. After removal of the statistical outliers, the mean 
cost per unit of service is calculated. This mean cost per unit of service 
becomes the recommended reimbursement per unit of service as of October 1, 1997. 
(D) Reimbursement setting authority. The Texas Mental Health and Mental 
Retardation Board establishes the reimbursement in an open meeting after 
consideration of financial and statistical information and public testimony. The 
board sets reimbursements that, in its opinion, are within budgetary 
constraints, adequate to reimburse the cost of operations for an economic and 
efficient provider, and justifiable given current economic conditions. 
(E) Reviews of cost report disallowances. A provider agency may request 
notification of the exclusions and adjustments to reported expenses made during 
either desk reviews or on-site audits, according to sec.409.005 of this title 
(relating to Notification). Providers may request an informal review and, if 
necessary, an administrative hearing to dispute the action taken by the 
department under sec.409.007 of this title (relating to Reviews and 
Administrative Hearings). 
(F) Requirements for allowable costs. Allowable costs must be: 
(i) necessary and reasonable for the proper and efficient administration of 
rehabilitative services for which TDMHMR has contracted; 
(ii) authorized or not prohibited under state or local laws or regulations; 
(iii) consistent with any limitations or exclusions described in this section, 
federal or state laws, or other governing limitations as to types or amounts of 
cost items; 
(iv) consistent with policies, regulations, and procedures that apply to both 
rehabilitative services and other activities of the organization of which the 
contracted enrolled provider agency is a part; 
(v) treated consistently using generally accepted accounting principles 
appropriate to the circumstances; 
(vi) not allowable to or included as a cost of any other program in either the 
current or a prior period; and 
(vii) net of all applicable credits. 
(G) Reasonableness. A cost is reasonable if, in its nature and amount, it does 
not exceed that which would be incurred by an ordinarily prudent person in the 
conduct of competitive business. In determining the reasonableness of a given 
cost, the department considers the following:
(i) whether the cost is of a type generally recognized as ordinary and necessary 
for the provision of rehabilitative services or the performance under the 
contract; 
(ii) the restraints or requirements imposed by generally accepted sound business 
practices, arm's length bargaining, federal and state laws and regulations, and 
contract terms and specifications; and 
(iii) the action that a prudent person would take in the circumstances, 
considering his/her responsibilities to the public, the government, employees, 
clients, shareholders, and/or members, and the fulfillment of the purpose for 
which the business was organized. 
(H) Allowable costs. Costs associated with rehabilitative services for persons 
with mental illness for which a claim is submitted must be found to be allowable 
as described in federal Circular OMB-A87, with the following exceptions: 
(i) Equipment is defined as having a useful life of more than one year and a 
value of $2500 or more. 
(ii) Legal expense to prosecute claims against the state of Texas or the United 
States are unallowable.

sec.sec.409.365.Right to Appeal. 
Applicants have the right to appeal the department's decisions as described in 
sec.409.007 of this title (relating to Reviews and Administrative Hearings). 
Requests for hearings should be submitted to the department.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on May 29, 1996.
TRD-9607469
Ann Utley
Chairman
Texas Mental Health and Mental Retardation Board 
Earliest possible date of adoption: July 8, 1996
For further information, please call: (512) 206-4516

TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART II. Texas Parks and Wildlife Department
CHAPTER 51.Executive
Easement Requests and Unauthorized Easement Activity
31 TAC 51.91, 51.93-51.97
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas Parks and 
Wildlife Department or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Texas Parks and Wildlife Department proposes repeal of sec.sec.51.91, 51.93-
51.97, concerning Easement Requests and Unauthorized Easement Activity. The 
provisions of these sections have been incorporated into department operational 
procedures. This action renders these sections redundant. 
Dr. Bill Harvey, Regulatory Coordinator, has determined that for each of the 
first five years the repeals are in effect, there will be no fiscal implications 
for state or local governments. 
Dr. Harvey also has determined that for each of the first five years the repeals 
as proposed are in effect the public benefit anticipated as a result of 
enforcing the repeals as proposed will be a removal of redundant sections of the 
Texas Administrative Code. 
There will be no effect on small businesses. There is no anticipated economic 
cost to persons required to comply with the repeals as proposed. 
The department has not filed a local impact statement with the Texas Employment 
Commission as required by the Administrative Procedure Act, sec.2001.022, as 
this agency has determined that the repeals as proposed will not impact local 
economies. 
Comments on the proposed repeals may be submitted to Jim Riggs, Public Lands 
Division, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, 
Texas 78744, (512) 389-4904 or 1-800-792-1112, ext. 4904. 
The repeals are proposed under Natural Resources Code, sec.sec.34.011-34.016.
The proposed repeals affect Natural Resources Code, sec.sec.34.011-34.016.
sec.51.91.Easement Requests.
sec.51.93.Division Director Action  .
sec.51.94.Consultant Use  .
sec.51.95.Reconsideration of Request .
sec.51.96.Unauthorized Easement Activity  .
sec.51.97. Department Action  .
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on May 28, 1996.
TRD-9607404
Bill Harvey
Regulatory Coordinator
Texas Parks and Wildlife Department
Proposed date of adoption: July 11, 1996
For further information, please call: (512) 389-4642

CHAPTER 53.Finance
License Fees and Boat and Motor Fees
31 TAC sec.53.4, sec.53.5
The Texas Parks and Wildlife Department proposes amendments to sec.53.4 and 
sec.53.5, concerning commercial hunting/trapping licenses and permits; and 
public land hunting permits and fees. 
The amendment to sec.53.4 changes the cross-reference in Title 31 TAC for the 
anterless and spike-buck deer control permit from sec.65.26 to sec.65.27 to 
conform with section numbers in the Statewide Hunting and Fishing Proclamation 
adopted by the Commission on May 9, 1996. 
The amendment to sec.53.5(a) and (b) changes the cross-reference in Title 31 TAC 
for the public hunting permits from sec.65.194 to sec.65.193 to conform with 
section numbers in the Public Lands Hunting Proclamation adopted by the 
Commission on May 9, 1996. 
The amendment to sec.53.5(c) changes the cross-reference in Title 31 TAC for the 
special and regular permits from sec.65.194 to sec.65.193 to conform with 
section numbers in the Public Lands Hunting Proclamation. The amendment also 
changes permit species classifications and fees to conform with those in the 
Public Lands Hunting Proclamation. 
The amendment to sec.53.5(d) changes the cross-reference in Title 31 TAC for 
application fees from sec.65.194 to sec.65.193 to conform with section numbers 
in the Public Lands Hunting Proclamation, and changes permit species 
classifications and fees to conform with those in the Public Lands Hunting 
Proclamation and establishes an effective date of August 1, 1996 for the 
changes. 
The amendment to sec.53.5(e) establishes competitive hunting dog field trial 
permits for field trials on public lands, fees for the permits, provides a 
cross-reference to sec.65.194 in the Public Lands Hunting Proclamation where the 
fees are also prescribed, and sets an effective date of September 1, 1996 for 
implementation. 
Jayna Burgdorf, Chief Financial Officer, has determined that for the first five 
years the rules as proposed are in effect there will be fiscal implications to 
state government. Annual revenues are estimated to increase approximately $5,000 
each year the proposed rules are in effect. There will be minimal fiscal 
implications to local governments or small businesses as a result of the 
regulations as proposed. 
Ms. Burgdorf also has determined that for each of the first five years the rules 
as proposed are in effect, the public benefits anticipated as a result of the 
adoption as proposed will be simplification and consistency in regulations 
concerning fees. It is anticipated there will be economic costs to persons 
required to comply with the rules as proposed. Fiscal implications for 
individuals will be dependent upon individual participation. 
The Department has not filed a local employment impact statement with the Texas 
Employment Commission as it has been determined that the rules as proposed will 
not affect local economies. 
Comments on the proposed rules may be submitted to Paul Israel, Texas Parks and 
Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744; (512) 389-
4823 or 1-800-792-1112, Ext. 4823. 
The amendments are proposed under authority of Parks and Wildlife Code Chapter 
11, sec.11.027, which provides the Parks and Wildlife Commission with authority 
to set fees for administration of department programs; and Chapter 62, 
sec.62.016, which provides the Parks and Wildlife Commission with authority to 
require permits for competitive hunting dog field trials conducted on public 
hunting areas. 
The proposed amendments affect Parks and Wildlife Code, Chapters 11 and 62. 

sec.53.4.Commercial Hunting/Trapping Licenses and Permits.
(a) Commercial hunting licenses and permits. The following license fee amounts 
are effective for the license year beginning September 1, 1995: 
(1)-(11) (No change.)
(12) antlerless deer control permit (type 179) - $300 (fee also prescribed in 
sec.65.27<ol> [sec.65.26] of this title (relating to Antlerless and Spike-Buck 
Deer Control Permits<ol> [Harvest Systems])) 
(b) Commercial hunting/trapping licenses and permits. The following license fee 
amounts are effective for the license year beginning September 1, 1996, and 
thereafter: 
(1)-(11) (No change.) 
(12) antlerless and spike-buck <ol> deer control permit application processing 
fee<ol> (type 179) - $300 (fee also prescribed in sec.65.27 of this title 
(relating to Antlerless and Spike-Buck Deer Control Permits)<ol> [sec.65.26]) 
(c)-(d) (No change.) 

sec.sec.53.5.Public Land Hunting Permits and Fees.
(a) Hunting permits. The following permit fee amounts are effective for the 
permit year beginning September 1, 1995 (fees also prescribed in 
<nl>sec.65.193<ol> [sec.65.194] of this title (relating to Access<ol> Permit 
Required and Fees)): 
(1)-(4) (No change.) 
(b) Hunting permits. The following permit fee amounts are effective for the 
permit year beginning September 1, 1996, and thereafter (fees also prescribed in 
sec.65.193<ol> [sec.65.194]:
(1)-(4) (No change.) 
(c) Special and regular permits. The following permit fee amounts are effective 
for the permit year beginning September 1, 1996<ol> [1995], and thereafter (fees 
also prescribed in sec.65.193<ol> [sec.65.194]: 
(1) deer, exotic mammal, pronghorn antelope, javelina, turkey, coyote, 
alligator<ol>-$50; 
(2) deer , exotic mammal, alligator <ol>-extended period-$100; 
(3) squirrel, game birds (other than turkey), rabbits and hares-$10<ol> [exotic 
mammal-no charge]; <nl>and <ol>
(4) designated exotic mammal-no charge; 
(5) special package hunts,<ol> desert bighorn sheep-no charge [;] 
[(6) pronghorn antelope-$50; 
[(7) alligator-$50; 
[(8) javelina-$25; 
[(9) turkey-$25; 
[(10) coyote-$25; 
[(11) white-winged dove-$12; 
[(12) squirrel-$6; 
[(13) quail-$6; 
[(14) mourning dove-$6; 
[(15) woodcock-$6; 
[(16) waterfowl-$6; 
[(17) rails-$6; 
[(18) gallinules-$6; and 
[(19) snipe-$6]. 
(d) Application fee (fees also prescribed in  sec.65.193<ol> [sec.65.194]. The 
non-refundable application fee for individuals applying for computer-selected 
participant hunting opportunities is $2.00 per applicant for participation in 
the general drawings and $10 per applicant for participation in the special 
package hunts <ol> (except no charge for applicants under 17 years of age) 
effective <nl>August 1, 1996<ol> [September 1, 1995], and thereafter.
(e)<ol> Competitive hunting dog field trial permit fees (fees also prescribed in 
sec.65.194 of this title (relating to Competitive Hunting Dog Event Permits and 
Fees) effective September 1, 1996, and thereafter are as follows: <ol>
(1)<ol> 10 or less participants-$100 per day; <ol>
(2)<ol> 11-25 participants-$200 per day; <ol>
(3)<ol> 26-50 participants-$300 per day; <ol>
(4)<ol> 51-75 participants-$400 per day; and <ol>
(5)<ol> 76 or more participants-$500 per day.<ol>
This agency herby certifies that the proposal has been reviewed by legal counsel 
and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on May 29, 1996. 
TRD-9607463
Bill Harvey, Ph.D. 
Regulatory Coordinator 
Texas Parks and Wildlife Department 
Earliest possible date of adoption: July 11, 1996
For further information, please call: (512) 389-4642 

Texas Freshwater Fisheries Center Admission Fees
31 TAC sec.53.50
The Texas Parks and Wildlife Department proposes new sec.53.50, concerning Texas 
Freshwater Fisheries Center admission fees. The new section as proposed sets 
general admission fees for the Texas Freshwater Fisheries Center and sets 
requirements for student groups seeking entrance to the Center. The proposed new 
section delegates authority to the executive director to set admission fees, 
within a fee range established by the Commission, and  to establish requirements 
for student groups seeking discounted entrance fees. 
Melanie Callahan, Director of Finance, has determined that for the first five-
year period the rule will be in effect there will be fiscal implications to 
state government, however, the fiscal effects can not be estimated at this time. 
The fiscal effect is dependent upon visitation at the Texas Freshwater Fisheries 
Center and the department can not reliably estimate visitation. There are no 
fiscal implications for local governments. 
Mrs. Callahan also has determined that for each of the first five years the rule 
as proposed is in effect the public benefit anticipated as a result of 
establishing this fee is a continuation of maintaining the level of services now 
provided by the department. Further, the goal in establishing the fee is that of 
providing self-sufficiency in operation and maintenance of the Texas Freshwater 
Fisheries Center. 
There will be no effect on small businesses. There are no economic costs to 
persons other than those who would choose to enter the Texas Freshwater 
Fisheries Center. The costs to persons seeking entrance to the Center will be 
the amount of the fee. 
The department has not filed a local impact statement with the Texas Employment 
Commission as required by the Administrative Procedure Act, sec.2001.022, as 
this agency has determined that the rule as proposed will not impact local 
economies. 
Comments on the proposed rule may be submitted to Phil Durocher, Inland 
Fisheries Division, Texas Parks and Wildlife Department, 4200 Smith School Road, 
Austin, Texas 78744, (512) 389-4643 or 1-800-792-1112, ext. 4643. The new 
section is proposed under Parks and Wildlife Code, sec.11.027, which provides 
the commission authority to establish reasonable and necessary fees for 
administration of department programs. 
The proposed new rule affects Parks and Wildlife Code, sec.11.027. 

sec.53.50.Texas Freshwater Fisheries Center Admission; Fees and other Entrance 
Requirements.
(a) General entrance fees: 
(1) Adults (17-64) $4.00-$6.00; 
(2) Senior (65 and older) $3.00-$5.00; 
(3) Children (4 to 16) $2.00-$4.00; 
(4) Children (3 and under) Free. 
(b) Student groups. Students meeting the following criteria shall pay a 
discounted entrance fee of $1.00-$2.00 per student: 
(1) Students must be enrolled in an accredited school and in grades preschool to 
high school; 
(2) Student discounts apply only to groups of 10 or more paying students; 
(3) Visits must be scheduled at least 21 days in advance of visitation date; 
(4) Student groups must have one chaperone accompanying each 10 students. 
Chaperones (one per each ten students only) and bus drivers transporting student 
groups to the Center shall be admitted free of charge.
(5) All student groups fee payments shall be made in a single lump sum. 
(c) The executive director may: 
(1) establish additional entrance requirements for student groups and teachers 
seeking a student discount entrance fee, as necessary, to enhance student 
utilization of the Center; 
(2) set fees within the range established by the commission; and 
(3) waive fee requirements when such a waiver is in the best interest of the 
public or the department. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on May 28, 1996.
TRD-9607405
Bill Harvey
Regulatory Coordinator
Texas Parks and Wildlife Department
Proposed date of adoption: July 11, 1996
For further information, please call: (512) 389-4642

CHAPTER 57.Fisheries
Taking and Possessing Raptors for Falconry Purposes
31 TAC sec.sec.57.301-57.315
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas Parks and 
Wildlife Department or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Texas Parks and Wildlife Department proposes the repeal of sec.sec.57.301-
57.315, concerning Taking and Possessing Raptors for Falconry Purposes. The 
repeals are necessary in order to relocate, restructure and reorganize the 
regulations for more efficient administration.
The repeals will function by eliminating the existing regulations at 31 TAC 
Chapter 57, concerning Fisheries, so that new regulations can be located at 31 
TAC Chapter 65, concerning Wildlife.
Robert Macdonald, Wildlife Division regulations coordinator, has determined that 
for the first five-year period the repeals as proposed are in effect there will 
be no fiscal implications to units of state or local government as a result of 
enforcing or administering the repeals. 
Mr. Macdonald also has determined that for each year of the first five years the 
repeals as proposed are in effect, the anticipated public benefit as a result of 
enforcing or administering the repeals will be the elimination of redundant 
regulatory provisions. There will be no effect on small businesses. There is no 
anticipated additional economic cost to persons required to comply with the 
repeals as proposed. 
The Department has not filed a local employment impact statement with the Texas 
Employment Commission in compliance with the Administrative Procedure Act, 
Government Code, sec.2001.022, as this agency has determined that the repeals as 
proposed will not impact local economies. 
Comments on the proposed repeals may be submitted to John Herron, Texas Parks 
and Wildlife Department, 4200 Smith School Road, Austin, TX 78744; (512) 389-
4771 or 1-800-792-1112, extension 4771. 
The repeals are proposed under Parks and Wildlife Code, Chapter 43, Subchapter 
C, which provides the Texas Parks and Wildlife Commission with the authority to 
promulgate rules governing the propagation of protected wildlife, and Chapter 
49, which provides the commission with the authority to prescribe rules for 
taking and possessing raptors in this state. 
Parks and Wildlife Code, Chapter 43, Subchapter C, and Chapter 49 are affected 
by the proposed repeals. 

sec.sec.57.301.Definitions.
sec.sec.57.302.Procedure for Processing Applications.
sec.sec.57.303. Permit Provisions.
sec.sec.57.304. Permit: Period of Validity.
sec.sec.57.305. Permit: Renewal and Report.
sec.sec.57.306. Permit Fees. 
sec.sec.57.307. Collecting Areas and Seasons for Trapping Raptors. 
sec.sec.57.308. Marking.
sec.sec.57.309.Transfers.
sec.sec.57.310.Change of Address.
sec.sec.57.311.Permanent Relocation Out of State.
sec.sec.57.312.Temporary Relocation Out of State. 
sec.sec.57.313. Permanent Relocation to Texas. 
sec.sec.57.314.Special Provision.
sec.sec.57.315. Penalties.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
Issued in Austin, Texas, on May 29, 1996.
TRD-9607460
Bill Harvey, Ph.D. 
Regulatory Coordinator 
Texas Parks and Wildlife Department 
Earliest possible date of adoption: July 8, 1996
For further information, please call: (512) 389-4642 

CHAPTER 59.Parks
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas Parks and 
Wildlife Department or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Texas Parks and Wildlife Department proposes repeal of sec.sec.59.131-59.136 
and new sec.sec.59.131-59.136, concerning State Park Rules. The repeal and new 
rules represent simplification, clarification and reduction of existing state 
park rules. 
New sec.59.131 provides definitions necessary for clarification and 
understanding of subsequent sections. Proposed new sec.59.132 sets general rules 
for state parks. New sec.59.133 delegates authority to the executive director to 
set closing and opening hours for state parks. Proposed new sec.59.134 
establishes rules of conduct in state parks. New sec.59.135 allows department 
personnel to remove vehicles, trailers, motor homes, camping equipment or 
personal belongings, at owner expense, if check-out time is exceeded and new 
sec.59.136 provides reference to statutory penalties for violations of state 
park rules. 
Dr. Bill Harvey, Regulatory Coordinator, has determined that for the first five-
year period the rules will be in effect there will be no fiscal implications for 
state or local governments as a result of the repeal and new rules. Dr. Harvey 
also has determined that for each of the first five years the rules as proposed 
are in effect the public benefit anticipated as a result of the repeal and new 
rules is simplification, clarification and reduction of rules concerning 
activities in Texas state parks. 
There will be no effect on small businesses. There are no economic costs to 
persons required to comply with the new rules as proposed. 
The department has not filed a local impact statement with the Texas Employment 
Commission as required by the Administrative Procedure Act, sec.2001.022, as 
this agency has determined that the rules as proposed will not impact local 
economies. 
Comments on the proposed repeal and new rules may be submitted to Jim Riggs, 
Public Lands Division, Texas Parks and Wildlife Department, 4200 Smith School 
Road, Austin, Texas 78744; (512) 389-4904 or 1-800-792-1112, ext. 4904.

State Park Rules
31 TAC sec.sec.59.131-59.136
The repeals are proposed under Parks and Wildlife Code, sec.13.101, which 
provides the commission authority to promulgate regulations governing the 
health, safety, and protection of persons and property on lands under the 
control of the department. 
The proposed repeals affect Parks and Wildlife Code, sec.13.101.

sec.59.131. Definitions .
sec.59.132. General Rules.
sec.59.133.Closing Hours and Overnight Use.
sec.59.134.Rules of Conduct.
sec.59.135.Vehicles, Trailers, Motor Homes, Camping Equipment, or Personal 
Belongings.
sec.59.136.Penalties.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on May 28, 1996.
TRD-9607409
Bill Harvey
Regulatory Coordinator
Texas Parks and Wildlife Department
Proposed date of adoption: July 11, 1996
For further information, please call: (512) 389-4642

State Park Operational Rules
31 TAC 59.131-59.136
The new sections are proposed under Parks and Wildlife Code, sec.13.101, which 
provides the commission authority to promulgate regulations governing the 
health, safety, and protection of persons and property on lands under the 
control of the department. 
The proposed new rules affect Parks and Wildlife Code, sec.13.101. 

sec.59.131.Definitions .
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise.
All-terrain vehicle--Any motor vehicle having a saddle for the use of the rider, 
designed to propel itself with three or four tires in contact with the ground. 
Arms and firearms--Any device from which shot, a projectile, arrow, or bolt is 
fired by the force of an explosion, compressed air, gas, or mechanical device. 
To include, but not limited to, rifle, shotgun, handgun, air rifle, pellet gun, 
longbow, cross bow, sling shot, blow gun, or dart gun.
Artifacts--Objects used or modified by humans, including, but not limited to, 
arrow points, dart points: stone, bone, or shell implements or any other 
prehistoric or historic objects. 
Boat--A vessel not more than 65 feet in length, measured from end to end over 
the deck, excluding sheer, and manufactured or used primarily for noncommercial 
use. 
Cultural features--Include, but are not limited to, state archeological 
landmarks, archeological sites, historic sites and structures, Indian rock art, 
or historic rock art. 
Department--The Texas Parks and Wildlife Department. 
Director--The executive director of the Texas Parks and Wildlife Department or 
his designee. 
Motorcycle--A two-wheeled vehicle propelled by an internal combustion engine to 
include motor bikes, mini-bikes, and trail bikes. 
Night--Any time from 1/2 hour after sunset to 1/2 hour before sunrise. 
Person--Natural persons, firms, partnerships, corporations, clubs, and all 
associations or combinations of persons acting individually, or by an agent, 
servant, or employee. 
Plant life--All plants including trees, dead or downed wood, shrubs, vines, 
wildflowers, grass, sedge, fern, moss, lichen, fungus, or any other member of 
the plant family. 
Public place--Any place to which the public or a substantial group of the public 
has access. In the state park system areas that are not considered a public 
place are cabins, screened shelters, recreation halls, group barracks, lodges, 
tents, campers, trailers, motor homes, or any vehicle(s) that are used as 
camping equipment. 
Public nudity--To disrobe or appear nude in public. Females are considered to be 
disrobed when their breasts below the top of the areola are exposed except when 
nursing a baby. 
State park--A park, park site, historical park, natural area, recreational area 
or fishing pier, administered, operated, or managed by the department. 
Unattended pet--A pet that is unaccompanied or not under immediate control. Pets 
tied or secured outside of camping equipment or buildings are not considered 
under immediate control. 
Wildlife--Any wild animal, bird, amphibian, reptile, fish, shellfish, aquatic 
life, or invertebrate. 

sec.59.132.General Rules.
(a) Upon finding a need for public safety or welfare, or preservation of park 
resources, the director may impose restriction on public activity and conduct 
and may limit the use of any area or facility in a state park or a portion 
thereof. It is an offense for a person to enter or remain in an area or 
participate in an activity so restricted by the director. 
(b) An employee of the department, peace officers, and emergency personnel are 
exempt from this chapter when this chapter conflicts with the discharge of their 
official duties to the extent of that conflict. 
(c) Any vehicle, boat, trailer, or other property found parked, stored, or left 
in a state park in violation of any law or rule may be removed and stored at the 
owner's expense. 

sec.59.133. Closing Hours and Overnight Use .
(a) The director may establish closing hours and opening hours for a state park 
or a portion of a state park. Closing hours or opening hours shall be posted. 
(b) Except for persons duly authorized to use camping, trailer space, shelter, 
cabin or lodge facilities, or boat ramp, or for persons who have paid the 
overnight activity use fee, it is an offense for a person to enter into or 
remain within a state park between the closing hour and the  opening hour. 

sec.59.134.Rules of Conduct in Parks.
(a) Entrance/user fees: payment. It is an offense to enter, use, or occupy a 
facility in any portion of a state park for which a fee has been established, 
unless the person has first paid the fee or satisfied the requirements of the 
fee, has received an entrance/use permit issued by the department, and has 
attached the permit to their vehicle as and when required by the permit. If the 
office is closed, payment must be made according to posted instructions or 
signage. 
(b) Use of facilities. It is an offense to: 
(1) use an area or facility for any purpose contrary to its designated purpose; 
and 
(2) keep, use, or arrange a motor vehicle, trailer, camping, or other equipment 
except as specified by the director. All vehicles and trailers must remain on 
paved surfaces and in designated areas only, unless otherwise specified by the 
director. 
(c) Plant life. It is an offense to willfully mutilate, injure, destroy, pick, 
cut, or remove any plant life except by permit issued by the director. 
(d) Fires; smoking; firewood; fireworks. It is an offense to:
(1) light, build, or maintain a fire within a state park except in a facility or 
device provided, maintained, or designated for such purposes or to smoke or 
build fires when an extreme fire hazard has been posted;
(2) notwithstanding paragraph (1) of this subsection, portable camp stoves may 
be used in designated campsites or picnic areas;
(3) possess within a state park any fireworks, explosives, or similar devices 
capable of explosion, or to discharge, set off, or cause to be discharged in or 
into a state park any such device or substance, except with written 
authorization from the director. 
(e) Animals. It is an offense to: 
(1) bring into or possess within a state park a pet or other domesticated 
animal, unless the animal is secured by a leash not exceeding six feet in 
length, or confined in a vehicle, or to permit an animal to enter into or remain 
in a unit of the state park unless so secured; 
(2) permit a pet or other animal to remain unattended or create a disturbance or 
hazard within a state park; 
(3) permit an animal (except a trained assistance animal accompanying a person 
with a disability) to enter into or remain in any building or enclosure 
designated for public use including, but not limited to, a restaurant, snack 
bar, cabin, lodge room, restore, park store, shelter, refectory building, 
amphitheater, administration building, or railroad coach; 
(4) permit a pet animal in the water of a designated swimming area or to permit 
a pet animal (except a trained assistance animal accompanying a person with a 
disability) within the land or beach area adjacent to the water of a designated 
swimming area; 
(5) bring into, permit to range, or release into a state park a wild animal, 
pet, fowl, or livestock, except as authorized in this chapter or a permit or by 
law; 
(6) possess a noisy, vicious, or dangerous animal, or one which is disturbing to 
other persons, in a state park; 
(7) ride, drive, lead, or keep a saddle horse, except in designated areas; 
(8) ride a saddle horse in a manner that is dangerous to a person or animal; 
(9) allow a saddle horse to stand unattended or insecurely tied; and 
(10) hitch a saddle horse to a tree, shrub, or structure in any manner that may 
cause damage. 
(f) Arms and firearms. It is an offense to: 
(1) possess a firearm with a cartridge or projectile in any portion of the 
mechanism, except when authorized by the commission or the director; 
(2) display a firearm, except when authorized by the director or the commission; 
and 
(3) discharge across, in, or into a state park any arm, firearm, or device 
capable of injuring or killing any person or animal or damaging or destroying 
public or private property, except when authorized by the director. 
(g) Assembly. It is an offense to conduct or participate in an assembly or 
public demonstration except with written permission of the director. 
(h) Nudity and disrobing. It is an offense to appear nude.
(i) Closed area. It is an offense to: 
(1) prevent or interfere with development, construction, or management of a 
state park; and 
(2) enter or remain in an area of a state park that has been closed by the 
director for any reason, including security, safety, preservation, or 
restoration. 
(j) Alcoholic beverages. It is an offense to consume or display an open 
container of an alcoholic beverage in a public place or sell alcoholic beverages 
within a state park. 
(k) Soliciting. It is an offense to solicit funds or donation of any item, or 
offer to sell any goods, wares, merchandise, liquid, or edibles, or render any 
service for hire, or distribute written material, in a state park, except by 
authority of a concession agreement approved by the director. 
(l) Metal detector. It is an offense to operate or use a metal detector. 
(m) Responsibility for minor children. It is an offense to permit a child or 
ward to violate a regulation when such child or ward is under 17 years of age. 
(n) Speed limit. It is an offense to drive a vehicle within a state park at a 
speed: 
(1) greater than is reasonable or prudent, having due regard for the traffic and 
the road conditions then existing; 
(2) which endangers the safety of persons or property;
(3) which exceeds the posted speed limit in any portion of the state park 
system. 
(o) Vehicle operation. It is an offense to operate a vehicle in a state park 
except on roads, driveways, parking areas, and areas designated open for 
vehicles. 
(p) Parking. It is an offense to: 
(1) park a vehicle or trailer in a state park except in areas designed, 
constructed, or designated for that purpose; and 
(2) park, store, or leave a vehicle or trailer in violation of subsection (b) of 
this section when signs have been posted in the affected areas. 
(q) Motorcycles. It is an offense to operate a motorcycle that is not licensed 
and inspected as authorized by Texas motor vehicle laws.
(r) Trail use. It is an offense to operate or use a vehicle, including a 
motorcycle, a motorbike, a mini-bike, an all-terrain vehicle, a golf cart, or a 
bicycle on a trail or path not designated and posted for use by such vehicles 
(wheel chairs and electric scooters used by persons with a disability are 
exempt) or use the trail in a manner that is dangerous to a person or animal. 
(s) Traffic. It is an offense to: 
(1) operate a vehicle in a state park between the park closing hour and 6 a.m. 
opening hour, except for emergency or necessary purposes; and 
(2) operate a vehicle in an indiscriminate or unnecessary manner (cruising). 
(t) Camping. It is an offense to camp except as authorized by permit in areas 
designated or marked for that purpose. Camping is defined as: 
(1) occupying a designated camping facility; 
(2) erecting a tent, or arranging bedding, or both, for the purpose of, or in 
such a manner as will permit, remaining overnight; or 
(3) use of a trailer, camper, or other vehicle for the purpose of sleeping 
during nighttime hours. 
(u) Minors, camping. It is an offense to remain in a state park between the park 
closing hour and opening hour, if the person is under the age of 17, except the 
following: 
(1) a person who is accompanied by a parent or legal guardian;
(2) a person who furnishes to the park headquarters the written consent of and 
the full name, residence, and telephone number of parent or legal guardian; 
(3) a person who is part of a group which is supervised during those hours by at 
least one responsible adult for each 15 persons under the age of 17; and 
(4) married couples. 
(v) Peace and quiet. It is an offense to: 
(1) disturb other persons in sleeping quarters or in campgrounds between the 
hours of 10 p.m. and 6 a.m.; and 
(2) cause, create, or contribute to any noise which is broadcast, or caused to 
be broadcast, into sleeping quarters or campgrounds, or which emits sound beyond 
the person's immediate campsite, between the hours of 10 p.m. and 6 a.m., 
whether by shouting or singing, by using a radio, phonograph, television, or 
musical instrument, or by operating mechanical or electronic equipment: 
(A) use electronic equipment, including electrical speakers, at a volume which 
emits sound beyond the immediate individual camp or picnic site at any time 
without specific permission of the director; 
(B) create a disturbance by causing excessive noise by any means. 
(w) Abandoned and unattended property. It is an offense to:
(1) abandon a vehicle or other personal property; 
(2) leave a vehicle, boat, barge, or other property unattended in a unit of the 
state park system in such a manner as to create a hazardous or unsafe condition; 
and 
(3) leave property unattended in a state park without having received prior 
permission from the director or to leave a vehicle unattended after the closing 
hour, unless such person is legally in the park after closing, and unless he has 
parked the vehicle in a place designated by the director or he has prior 
permission from the director. 
(x) Water skiing; swimming. It is an offense to: 
(1) engage in water skiing, surf boarding while being towed, towing a person or 
a similar device, or operate a motorized ski device on lakes of less than 650 
surface acres located in a state park; 
(2) enter water or swim in an area closed for that activity;
(3) swim at night unless otherwise posted; and 
(4) introduce, carry into, or possess, use, break, dispose of, throw, or abandon 
any glass container in the water of a swimming area, swimming pool, or in the 
beach area adjacent to the water of a swimming area. 
(y) Mooring. It is an offense to: 
(1) moor, dock, or berth a boat or any other object between the hours of 10 p.m. 
and 6 a.m., except in mooring areas designated by the director; and 
(2) moor, dock, or berth a commercial vessel at any part of a state park except 
by permit from the director. 
(z) Public use limit. It is an offense to: 
(1) enter into, or remain in, an area or facility for which a public use limit 
has been established when such action will have the effect of exceeding the 
established limitations; and 
(2) exceed the public use limit establishing a maximum number of persons and, if 
appropriate, the number and type of motor vehicles, trailers, and equipment 
permitted to enter into, or remain in, a designated area or facility at any 
time. 
(aa) Check-out time. It is an offense to continue to occupy a facility past 
check-out time when a check-out time has been established by the director. 
(bb) Wildlife. It is an offense to: 
(1) harm, harass, disturb, trap, confine, catch, possess, or remove any 
wildlife, or portions of wildlife from a unit of the state park system, except 
by a permit issued by the director or as provided by the Parks and Wildlife 
Code, Chapter 62, Subchapter D; and 
(2) release any fish into the waters of any state park, except as authorized by 
the Parks and Wildlife Code. 
(cc) Geological features. It is an offense to take, remove, destroy, deface, 
tamper with, or disturb any rock, earth, soil, gem, mineral, fossil, or other 
geological deposit except by permit issued by the director. 
(dd) Cultural features and/or artifacts. It is an offense to take, remove, 
destroy, deface, tamper with, or disturb any artifact or cultural feature except 
by permit issued by the director. 
(ee) Waste water, sewage, and gray water. It is an offense to: 
(1) deposit waste water, sewage, or effluent from sinks, toilets, or other 
plumbing fixtures directly on the ground or into the water; 
(2) use any water fountain, drinking fountain, pool, sprinkler, reservoir, lake 
or any other water body contained in the park for bathing, laundering, and 
washing dishes, pets, or vehicles; and 
(3) deposit fish parts at any location except park fish cleaning facilities. 

sec.59.135.Vehicles, Trailers, Motor Homes, Camping Equipment, or Personal 
Belongings. All vehicles, trailers, motor homes, camping equipment, or personal 
belonging may be removed at the owner's expense when exceeding the check-out 
time limitation of a facility. 

sec.59.136.Penalties. Penalties for violations of sec.sec.59.132-59.134 of this 
title (relating to General Rules, Closing Hours and Overnight Use, and Rules of 
Conduct) are Class C Misdemeanors, Parks and Wildlife Code, Chapter 13.112. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on May 28, 1996.
TRD-9607410
Bill Harvey
Regulatory Coordinator
Texas Parks and Wildlife Department
Proposed date of adoption: July 11, 1996
For further information, please call: (512) 389-4642

Sea Rim State Park Special Rules and Regulations
31 TAC 59.221-59.236
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas Parks and 
Wildlife Department or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Texas Parks and Wildlife Department proposes repeal of sec.sec.59.221-
59.236, concerning the Sea Rim State Park Special Rules and Regulations. The 
provisions of these sections have been incorporated into 31 TAC Chapter 65, 
Subchapter H, concerning the Public Lands Hunting and Fishing Proclamation and 
Chapter 59, sec.sec.59.131-59.136 concerning State Park Rules. These actions 
renders sec.sec.59.221-59.236 redundant. Dr. Bill Harvey, Regulatory 
Coordinator, has determined that for each of the first five years the repeals as 
proposed are in effect, there will be no fiscal implications for state or local 
governments. 
Dr. Harvey also has determined that for each of the first five years the repeals 
are in effect the public benefit anticipated as a result of enforcing the 
repeals as proposed will be a removal of redundant sections of the Texas 
Administrative Code. 
There will be no effect on small businesses. There is no anticipated economic 
cost to persons required to comply with the repeals as proposed. 
The department has not filed a local impact statement with the Texas Employment 
Commission as required by the Administrative Procedure Act, sec.2001.022, as 
this agency has determined that the repealed rules as proposed will not impact 
local economies. 
Comments on the proposed repeal of rules may be submitted to Jim Riggs, Public 
Lands Division, Texas Parks and Wildlife Department, 4200 Smith School Road, 
Austin, Texas 78744, (512) 389-4904 or 1-800-792-1112, ext. 4904. 
The repeals are proposed under Parks and Wildlife Code, Chapter 13, Subchapter 
B, which provides the Parks and Wildlife Commission's authority to regulate the 
activities on lands under the control of the Department.
The proposed repeals affect Parks and Wildlife Code, sec.13.101-13.102.
sec.59.221.Application .
sec.59.222.Authority.
sec.59.223.Definitions.
sec.59.224.Visitor Registration .
sec.59.225.Permits.
sec.59.226.Vehicle Restrictions .
sec.59.227.Camping .
sec.59.228.Swimming .
sec.59.229.Water craft.
sec.59.230. Marsh Vehicles.
sec.59.231.Fishing.
sec.59.232. Hunting.
sec.59.233. Glass Containers.
sec.59.234.General.
sec.59.235.Penalties.
sec.59.236.Effective Date.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on May 28, 1996.
TRD-9607411
Bill Harvey
Regulatory Coordinator
Texas Parks and Wildlife Department
Proposed date of adoption: July 11, 1996
For further information, please call: (512) 389-4642

Mustang Island State Park Special Rules
31 TAC 59.251
(Editor's Note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Parks and 
Wildlife Department or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Texas Parks and Wildlife Department proposes repeal of sec.59.251, 
concerning the Mustang Island State Park Special Rules. The provisions of these 
sections have been incorporated into Chapter 65, Subchapter H, concerning the 
Public Lands Hunting and Fishing Proclamation. This action renders sec.59.251 
redundant. 
Dr. Bill Harvey, Regulatory Coordinator, has determined that for each of the 
first five years the repeal of rules as proposed is in effect, there will be no 
fiscal implications for state or local governments. 
Dr. Harvey also has determined that for each of the first five years the repeal 
is in effect the public benefit anticipated as a result of enforcing the repeal 
as proposed will be the removal of a redundant section of the Texas 
Administrative Code. 
There will be no effect on small businesses. There is no anticipated economic 
cost to persons required to comply with the repeal as proposed. 
The department has not filed a local impact statement with the Texas Employment 
Commission as required by the Administrative Procedure Act, sec.2001.022, as 
this agency has determined that the repeal as proposed will not impact local 
economies. 
Comments on the proposed repeal of rules may be submitted to Jim Riggs, Public 
Lands Division, Texas Parks and Wildlife Department, 4200 Smith School Road, 
Austin, Texas 78744, (512) 389-4904 or 1-800-792-1112, ext. 4904. The repeal is 
proposed under Parks and Wildlife Code, Chapter 13, Subchapter B, which provide 
the Parks and Wildlife Commission's authority to regulate the activities on 
lands under the control of the Department.
The proposed repeal of rules affects Parks and Wildlife Code, sec.13.101-13.102. 

sec.559.251. Vehicle Restriction.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on May 28, 1996.
TRD-9607412
Bill Harvey
Regulatory Coordinator
Texas Parks and Wildlife Department
Proposed date of adoption: July 11, 1996
For further information, please call: (512) 389-4642

CHAPTER 65.Wildlife
SUBCHAPTER J.Transporting, Shipping, and Exporting Bobcat Pelts 
31 TAC sec.sec.65.251-65.255
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas Parks and 
Wildlife Department or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Texas Parks and Wildlife Department proposes the repeal of sec.sec.65.251-
65.255 and new sec.sec.65.251-65.256, concerning Transporting, Shipping, and 
Exporting Bobcat Pelts. The repeals and new sections are necessary in order to 
simplify a confusing and difficult regulatory program. The repeals and new 
sections will function to eliminate burdensome paperwork and reorganize 
regulatory provisions in the interest of promoting user-friendliness while 
implementing the department's statutory duty to conserve the wildlife resources 
of this state. 
Robert Macdonald, Wildlife Division regulations coordinator, has determined that 
for each of the first five years that the rules as proposed are in effect there 
will be no fiscal implications to state or local governments as a result of 
enforcing or administering the rules. 
Mr. Macdonald also has determined that during the first five-year period the 
rules as proposed are in effect, the public benefit anticipated as a result of 
enforcing the rules as proposed will be a reduction in the complexity and volume 
of regulations, and regulations that are less burdensome to the regulated 
community. There will be no effect on small businesses. There is no anticipated 
economic cost to persons required to comply with the rules as proposed. 
The department has not filed a local impact statement with the Texas Employment 
Commission as required by the Administrative Procedure Act, sec.2001.022, as 
this agency has determined that the rules as proposed will not impact local 
economies. 
Comments on the proposed rules may be submitted to Robert Macdonald, Wildlife 
Division, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, 
Texas 78744; (512) 389-4775 or 1-800-792-1112, ext. 4775. 
The repeals and new sections are proposed under Parks and Wildlife Code, Chapter 
67, which provides the Commission with authority to regulate nongame wildlife 
resources. 
The repeals affect Parks and Wildlife Code, Chapter 67.

sec.sec.65.251.Definitions.
sec.sec.65.252.Licences and Permits.
sec.sec.65.253. Limitations. 
sec.sec.65.254. Report Requirements.
sec.sec.65.255.Penalties.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on May 29, 1996.
TRD-9607462
Bill Harvey, Ph.D. 
Regulatory Coordinator 
Texas Parks and Wildlife Department
Earliest possible date of adoption: July 8, 1996
For further information, please call: (512) 389-4642 

SUBCHAPTER J. Bobcat Proclamation 
31 TAC sec.sec.65.251-65.256
The new sections are proposed under Parks and Wildlife Code, Chapter 67, which 
provides the Commission with authority to regulate nongame wildlife resources.
The new sections affect Parks and Wildlife Code, Chapter 67.

sec.sec.65.251.Definitions.
The following words and terms, when used in this subchapter, shall have the 
following meanings, unless the context clearly indicates otherwise. All other 
words and terms shall have the meanings assigned in Subchapter A of this 
chapter. 
Dealer-A person who tags bobcat pelts. 
Pelt-The hide or skin of a bobcat, tanned or untanned, whether or not it is 
still attached to the carcass, but does not include products manufactured from 
bobcat skins or hides.
Tag-A permanent, numbered marker issued by the department for marking and 
identifying bobcat pelts.  

sec.sec.65.252.Bobcat Season. 
The general open season for the taking of bobcats is September 1 of one year 
through August 31 of the following year. There is no bag or possession limit.

sec.sec.65.253.General Provisions.
(a) The pelt of a bobcat taken in Texas shall not be transported beyond the 
borders of this state unless it has been permanently tagged in accordance with 
the provisions of this subchapter.
(b) A person shall not transport a bobcat pelt into this state unless the person 
possesses a valid hunting license, stamp, tag, permit, or document, issued by 
the state or country in which the bobcat was taken, as proof that the bobcat was 
legally taken. 
(c) A licensed hunter may sell bobcat pelts to a dealer.

sec.sec.65.254.Bobcat Tags. 
(a) Except as provided in sec.65.253(c) of this title (relating to General 
Provisions), no person may buy, sell, or trade the pelt of a bobcat taken in 
this state unless the pelt has been permanently tagged in accordance with this 
subchapter.
(b) Any person possessing a bobcat pelt for purposes other than buying, selling, 
or trading may obtain a bobcat pelt tag by presenting the pelt to any dealer or 
TPWD Law Enforcement Division Office and completing and signing an Annual Bobcat 
Pelt Tag Report (PWD 406)
(c) Any person other than a dealer who intends to transport or sell outside 
Texas the pelt of a bobcat taken in this state shall complete, sign, and submit 
an Out-of-State Shipping or Selling Report (PWD 404) within 20 days of the time 
the pelt is shipped. 

sec.sec.65.255.Bobcat Dealer Permits.
(a) Permit Required. A person who buys or trades for untagged bobcat pelts must 
hold a dealer permit (PWD 410) A dealer permit may be obtained by completing and 
signing a Bobcat Pelt Dealer Permit and Tag Voucher (PWD 410) Upon any issuance 
of pelt tags, a dealer shall acknowledge receipt of the tags by signing the tag 
issuance voucher section of PWD 410.
(b) Reporting Requirements. 
(1) The reporting period for dealers begins May 1 and ends April 30 of the 
following year. By no later than the 30th day following the end of a reporting 
period, a dealer shall submit a completed and signed (PWD 406) to department 
headquarters in Austin. The report required by this paragraph shall account for 
each pelt tag used by the dealer during the reporting period.
(2) All pelt tags in a dealer's possession at the end of the reporting period, 
and a signed list of unused tag numbers, must be returned to the department with 
the annual report. 
(3) A dealer shall immediately notify the department in writing upon discovery 
that a pelt tag has been lost, stolen, destroyed or mutilated. 
(c) Inspection. All pelts, pelt tag inventory, and associated records shall be 
available for inspection by any game warden.
(d) Unlawful acts. It is unlawful for any dealer to: 
(1) refuse to tag a bobcat pelt presented as being legally taken in this state 
during the tagging period; or
(2) transfer tags issued to that dealer to any other  dealer, or to use tags 
issued to another dealer.
(e) The department reserves the right to refuse tag issuance to any dealer not 
in compliance with the provisions of this subchapter.

sec.sec.65.256.Penalties. The penalties for violations of this subsection shall 
be as prescribed in Parks and Wildlife Code, Chapter 71.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on May 29, 1996.
TRD-9607461
Bill Harvey, Ph.D. 
Regulatory Coordinator 
Texas Parks and Wildlife Department 
Earliest possible date of adoption: July 8, 1996
For further information, please call: (512) 389-4642 

SUBCHAPTER K. Raptor Proclamation
31 TAC sec.sec.65.261-65.276
The Texas Parks and Wildlife Department proposes new sec.sec.65.261-65.276, 
concerning Falconry Permits. The new sections are necessary in order for the 
department to discharge its statutory duty to regulate the taking and possession 
of raptors for the purposes of falconry in this state. The new sections replace 
regulations formerly located at 31 TAC Chapter 57, concerning Fisheries, and are 
being relocated at 31 TAC Chapter 65, concerning Wildlife. The new sections, in 
addition to being restructured and reorganized for  clarity's sake, will 
function to define regulatory terminology; delineate general and special 
provisions; set forth the criteria and procedures for permit issuance; establish 
facility standards; provide for reporting requirements and fees; establish the 
seasons and areas for trapping raptors; specify marking requirements; set forth 
regulations concerning the transfer of raptors between falconers; and articulate 
the procedures for falconers who move to or from Texas with raptors. 
Robert Macdonald, Wildlife Division regulations coordinator, has determined that 
for the first five-year period the rules as proposed are in effect there will be 
no fiscal implications to units of state or local government as a result of 
enforcing or administering the rules. 
Mr. Macdonald also has determined that for each year of the first five years the 
rules as proposed are in effect, the anticipated public benefit as a result of 
enforcing or administering the rules will be regulations that are easier and 
less costly to administer and comply with. There will be no effect on small 
businesses. There is no anticipated additional economic cost to persons required 
to comply with the rules as proposed. 
The department has not filed a local employment impact statement with the Texas 
Employment Commission in compliance with the Administrative Procedure Act, 
Government Code, sec.2001.022, as this agency has determined that the rules as 
proposed will not impact local economies. 
Comments on the proposed rules may be submitted to John Herron, Texas Parks and 
Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4771 
or 1-800-792-1112, extension 4771. 
The new sections are proposed under Parks and Wildlife Code, Chapter 43, 
Subchapter C, which provides the Texas Parks and Wildlife Commission with the 
authority to promulgate rules governing the propagation of protected wildlife, 
and Chapter 49, which provides the commission with the authority to prescribe 
rules for taking and possessing raptors in this state. 
Parks and Wildlife Code, Chapter 43, Subchapter C, and Chapter 49 are affected 
by the proposed new rules.

sec.65.261.Applicability. 
This subchapter applies to all raptors in the state of Texas. 

sec.65.262.Definitions. 
The following words and terms, when used in this subchapter, shall have the 
following meanings, unless the context clearly indicates otherwise. All other 
words and terms shall have the meanings assigned by Parks and Wildlife Code.
Aptive bred-Raptors, including eggs hatched in captivity, from parents that 
mated or otherwise reproduced in captivity.
Eyas-a young raptor taken from the nest or still in the nest.  Holding-Retaining 
in captivity. Mew-an indoor facility for keeping a raptor.
Raptor-A live migratory bird of the Order Falconiformes or the Order 
Strigiformes.
Passage bird-An raptor less than one year of age that has left the nest.
Release to the wild-Release of wildlife to an area where it is capable of 
leaving at will.
Take-To trap or capture, or attempt to trap or capture, a wild raptor.
Weathering area-Outdoor facilities providing a raptor protection from the 
environment. 

sec.65.263.General Provisions. 
(a) No person shall take or possess a raptor in this state unless that person 
possesses valid state and federal permits to do so. 
(b) Public display of raptors shall be:
(1) for educational purposes only;
(2) shall be performed only by general or master permitholders; 
(3) and shall not exceed five presentations per year. 
(c) General and master permittees may not sponsor more than three apprentices at 
one time.

sec.65.264.Applications and Permits. 
(a) All permit applications shall be made using forms supplied by the department 
and shall be submitted with a copy of the applicant's federal falconry permit, 
or a copy of the completed application for the federal falconry permit. 
(b) No permit shall be issued until the applicant has passed, with a minimum 
score of 80, a supervised, department-administered falconry examination.
(c) When the requirements of subsections (a) and (b) of this section have been 
met, and the department has received the applicable fees from the applicant, the 
department shall forward the application to the U.S. Fish and Wildlife Service 
for concurrence and final processing prior to the issuance of a state permit. 
(d) No state permits shall be issued until the applicant's facilities have 
passed an inspection conducted by a department representative.
(e) Permits may be issued for any period of time not exceeding three years from 
date of issuance and shall expire on June 30.
(f) A non-resident in possession of a raptor while hunting in this state must 
have on their person:
(1) a copy of their federal falconry permit;
(2) proof of licensure in another state; and 
(3) a five-day non-resident permit.

sec.65.265.Permit Classes: Restrictions. A person who is not a resident of this 
state may not hold any permit issued under this subchapter other than a five-day 
non-resident permit.
(1) Apprentice class permittees:
(A) may possess only one of the following: American kestrel (Falco sparverius), 
red-tailed hawk (Buteo jamaicensis), or red-shouldered hawk (Buteo lineatus) Any 
red-tailed hawk or red-shouldered hawk in possession must have been captured as 
a passage bird; and 
(B) may not replace a raptor more than once during any 12-month period. 
(2) General class permittees:
(A) may not possess more than two raptors; and 
(B) may not replace more than two raptors during any 12-month period.
(3) Master class permittees:
(A) may not possess more than three raptors; and
(B) may not replace more than three raptors during any 12-month period.
(4) Raptor propagator.
(A) Qualifications. An applicant for a raptor propagator permit must:
(i) be a resident of Texas;
(ii) be 18 years of age or older; and 
(iii) have at least five years of experience in the practice of falconry at the 
apprentice level, or its equivalent. 
(B) Restrictions. Raptor propagators: 
(i) may not possess or breed species of raptors listed as endangered unless the 
propagator possesses a master class permit and can document proof of seven 
years' experience caring for and handling raptors; and 
(ii) may not exchange, sell, or trade raptors, other than the offspring of 
captive-bred raptors.

sec.65.266.General Facility Standards. 
(a) Permit holders shall comply with the applicable facilities and equipment 
standards of this subchapter in addition to any specific requirements stated in 
their permits. All facilities and equipment are subject to inspection by the 
department. 
(b) Permit holders shall provide facilities appropriately sized, constructed, 
and maintained so as to provide a safe environment for raptors held under a 
permit issued under the authority of this subchapter. The primary consideration 
for raptor housing facilities, whether indoors (mews) or outdoors (weathering 
area), is protection from the elements, predators and undue disturbance. 
(1) Clean water shall be available at all times except when medical 
circumstances require the temporary denial of water. 
(2) Veterinary care shall be available to all raptors. 
(c) Permittees shall maintain facilities that meet the following standards.
(1) Indoor facility standards.
(A) In any facility housing more than one raptor, the raptors shall be tethered 
or separated by partitions.
(B) Each raptor in possession must be provided with a minimum of 32 square feet 
and the area must be large enough to allow the raptor to fully extend its wings.
(C) There shall be at least one window, protected on the inside by vertical bars 
spaced narrower than the width of the raptor's body, and a secure door that can 
be easily closed.
(D) The floor of the mew shall permit easy cleaning and shall be well drained.
(E) Adequate perches shall be provided.
(2) Outdoor facility (weathering area) standards. 
(A) Weathering areas shall be fenced and covered with netting or roofed to 
protect the raptors from disturbance and attack by predators.
(B) The enclosed area shall be large enough to insure that raptors cannot strike 
the fence when flying from a perch.
(C) A weathering facility shall provide each raptor with adequate protection 
from excessive sun, wind, and inclement weather.
(3) Only one facility is required if it meets the requirements for both indoor 
and outdoor facilities.
(d) Permittees shall have at least one each of the following items:
(1) gauntlet glove; 
(2) one pair of alymeri jesses or similar type constructed of pliable, high-
quality leather or suitable synthetic material to be used when any raptor is 
flown free (traditional one piece jesses may not be used at any time);
(3) hood;
(4) a strong swivel of acceptable falconry design per raptor;
(5) a reliable scale or balance suitable for weighing a raptor, graduated to 
increments of not more than 1/2 ounce (15 grams);
(6) a flexible, weather-resistant leash per raptor; 
(7) a bath container, two to six inches deep and wider than the length of the 
raptor, for drinking and bathing for each raptor; and 
(8) one portable perch for each raptor. 
(e) A raptor may be held in temporary facilities not to exceed 30 days. 
Temporary facilities shall be provided with an adequate perch and protected from 
extreme temperatures and excessive disturbances. The provisions of this 
subsection include authorization to transport a raptor to and from a temporary 
facility. 
(f) Another general or master falconer may care for the raptors of a permit 
holder for up to 30 days if written authorization from the permit holder 
accompanies the raptors when they are transferred. 
(g) Feathers that are molted and feathers from raptors that die in captivity may 
be retained and exchanged by permit holders only for imping purposes. 

sec.65.267. Reports.
(a) Permittees shall submit to the department a legible copy of any federal form 
or report submitted to the U.S. Fish and Wildlife Service at the same time such 
paperwork is forwarded to that agency. 
(b) A permittees conducting a public display of raptors possessed under this 
subchapter shall notify the department in writing within ten days of such 
display.

sec.65.268. Permit Fees.
(a) Fees for original permits are: 
(1) apprentice falconry permit (original)-$50; 
(2) general falconry permit-$100; 
(3) master falconry permit-$150; 
(4) raptor propagator permit-$50; and 
(5) non-resident permit-$20. 
(b) A renewal fee of $50 must accompany each application for renewal. 

sec.65.269. Trapping Seasons and Collecting Areas. 
(a) The trapping season for raptors begins September 15 and ends December 31. 
The season for taking eyasses begins May 1 and ends June 30. A marked raptor may 
be retrapped at any time. 
(b) Except as expressly authorized in writing by the department, raptors shall 
not be trapped at any time in Brewster, Culberson, El Paso, Hudspeth, Jeff 
Davis, Presidio, or Terrell counties. 
(c) No eggs may be taken from raptor nests. 
(d) Eyasses shall be taken only by a general or master falconer. No person shall 
take more than two eyasses during the season for taking eyasses. 
(e) Only American kestrels (Falco sparverius) and great-horned owls (Bubo 
virginianus) may be taken when over one year old. 
(f) Any raptor other than an endangered species taken under a depredation (or 
special purpose) permit may be used for falconry by a general or master 
falconer. Endangered species taken under a depredation permit shall not be 
released to the wild without prior department approval of the release site. 

sec.65.270. Marking.
(a) No gyrfalcon, peregrine falcon, or Harris hawk may be acquired under a 
permit issued pursuant to this subchapter unless the person acquiring the raptor 
first obtains a numbered nonreusable marker supplied by the U.S. Fish and 
Wildlife Service. The marker must be attached to the raptor immediately upon 
acquisition. 
(b) It is unlawful for any person to alter, counterfeit, or deface a marker, 
except that a permit holder may remove the rear tab on markers and smooth an 
imperfect surface, provided the integrity of the marker and numbering are not 
affected. 

sec.65.271.Transfers.
(a) A general or master permit holder may transfer or exchange raptors with 
another general or master permit holder, provided: 
(1) such transfer or exchange involves raptors that each receiver may legally 
hold; and 
(2) there is no consideration or remuneration involved.
(b) Not more than one out-of-state transfer or exchange of a wild-trapped raptor 
may be made during any 12-month period by a permit holder. 

sec.65.272. Change of Address. The department shall be notified within 14 days 
of any change of address of a permit holder within the state. 

sec.65.273. Temporary Relocation Out of State. A permit holder who temporarily 
relocates to another state may maintain a Texas falconry permit provided a 
permanent residence is maintained by the permittee in the State of Texas. A 
falconry permit may be reissued for one two-year period for any permit holder 
temporarily residing out of state. A permit holder who has remained out of state 
for a period longer than two years will be presumed to have established 
permanent residence in another state and a Texas falconry permit will not be 
reissued. 

sec.65.274. Permanent Relocation to Texas. A person holding a valid falconry 
permit issued by another state and who is establishing residence in Texas must 
apply to the department for a Texas falconry permit within 10 days of bringing 
permitted raptors to the state. The department shall determine permit issuance 
based on previous licensed experience obtained in other states. 

sec.65.275. Special Provisions.
(a) General or master permit holders may hold, transport, use in the sport of 
falconry, or release species not indigenous to this state only by express 
written authorization of the department. 

(b) Raptors possessed prior to January 15, 1975 may be retained and shall not be 
part of the number of raptors authorized by a permit.

sec.65.276. Violations and Penalties.
(a) Any violation of Parks and Wildlife Code, a regulation of the commission, or 
provision of a permit shall be cause for the department, at its discretion, to 
deny further permit issuance. 

(b) Penalties for a violation of this chapter are as provided by Parks and 
Wildlife Code, sec.49.017.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on May 29, 1996.
TRD-9607459
Bill Harvey
Regulatory Coordinator
Texas Parks and Wildlife Department
Earliest possible date of adoption: July 8, 1996
For further information, please call: (512) 389-4642

SUBCHAPTER Q. Fur-bearing Animal Proclamation
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas Parks and 
Wildlife Department or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.) 
The Texas Parks and Wildlife Department proposes the repeal of sec.sec.65.371-
65.374, 65.376-65.383, and 65.389, and new 65.380, concerning Statewide Fur-
bearing Animal and Trapping Proclamation.
The repeals and new sections are necessary in order to simplify a confusing and 
difficult regulatory program. The repeals and new sections will function by 
establishing clear regulatory distinctions between recreational and commercial 
take of fur-bearing animals; regulating the commercial propagation of fur-
bearing animals; regulating the import, export, and release of fur-bearing 
animals; and by promoting user-friendliness while implementing the department's 
statutory duty to conserve the wildlife resources of this state.
Robert Macdonald, Wildlife Division regulations coordinator, has determined that 
for each of the first five years that the rules as proposed are in effect there 
will be no fiscal implications to state or local governments as a result of 
enforcing or administering the rules. 
Mr. Macdonald also has determined that during the first five-year period the 
rules as proposed are in effect, the public benefit anticipated as a result of 
enforcing the rules as proposed will be a reduction in the complexity and volume 
of regulations, and regulations that are less to burdensome to the regulated 
community. There will be no effect on small businesses. There is no anticipated 
economic cost to persons required to comply with the rules as proposed. 
The department has not filed a local impact statement with the Texas Employment 
Commission as required by the Administrative Procedure Act, sec.2001.022, as 
this agency has determined that the rules as proposed will not impact local 
economies. 
Comments on the proposed rules may be submitted to Robert Macdonald, Wildlife 
Division, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, 
Texas 78744; (512) 389-4775 or 1-800-792-1112, ext. 4775. 

31 TAC sec.sec.65.371-65.374, 65.376-65.383, 65.389 
The repeals are proposed under Parks and Wildlife Code, Chapter 71, which 
provides the Commission with authority to regulate the taking, possession, 
propagation, transportation, exportation, importation, and sale of fur-bearing 
animals.
The repeals and new sections affect Parks and Wildlife Code, Chapter 71. 
sec.sec.65.371.Application.
sec.sec.65.372.Definitions.
sec.sec.65.373.License Fees.
sec.sec.65.374.Licensed Requirement.
sec.sec.65.376.General Rules.
sec.sec.65.377.Open Seasons.
sec.sec.65.378.Possession of Fur bearing Animals or Their Pelts.
sec.sec.65.379.Means and Methods.
sec.sec.65.380.Sale or Purchase of Fur-bearing Animals or Their Pelts.
sec.sec.65.381.Purchase/Sale Reports.
sec.sec.65.382.Importation and Release of Fur-bearing Animals or Their Pelts.
sec.sec.65.383.Suspension and Revocation of License or Permit.
sec.sec.65.389.Penalty.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on May 29, 1996.
TRD-9607458
Bill Harvey, Ph.D. 
Regulatory Coordinator 
Texas Parks and Wildlife Department
Earliest possible date of adoption: July 8, 1996
For further information, please call: (512) 389-4642 

SUBCHAPTER Q. Fur-bearing Animal Proclamation
31 TAC sec.sec.65.371-65.380
The new sections are proposed under Parks and Wildlife Code, Chapter 71, which 
provides the Commission with authority to regulate the taking, possession, 
propagation, transportation, exportation, importation, and sale of fur-bearing 
animals.
The new sections affect Parks and Wildlife Code, Chapter 71.

sec.sec.65.371.Application. This subchapter applies to fur-bearing animals 
statewide, except as otherwise specifically provided for in Parks and Wildlife 
Code.

sec.sec.65.372. Definitions. The following words and terms, when used in this 
subchapter, shall have the following meanings, unless the context clearly 
indicates otherwise. All other words and terms shall have the meanings assigned 
in Subchapter A of this chapter or Parks and Wildlife Code, Chapter 71.
Commercial harvest-The take of a fur-bearing animal under a trapping license.
Finished product-The tanned pelt of a fur-bearing animal or any item 
manufactured from the pelt of a fur-bearing animal.
Recreational harvest-The take of a fur-bearing animal under a hunting license, 
or under a trapper's license outside of the season for commercial 
harvest.$400.75.

sec.sec.65.374.General Rules. 
(a) No person may take fur-bearing animals on public roads and highways or their 
rights-of-way, or in the state-owned riverbeds in Uvalde, Zavala, and Dimmit 
counties. 
(b) Each fur-bearing animal or pelt taken or possessed in violation of this 
subchapter shall constitute a separate offense.
(c) No person may possess a live skunk or civet cat without specific written 
authorization from the department.
(d) No person may hunt a fur-bearing animal on any privately-owned land or body 
of water without the consent of the landowner.
(e) No retail fur buyer may possess undried pelts during the period May 1 
through October 31. 
(f) No wholesale fur dealer or retail fur buyer may purchase pelts from a 
trapper from April 6 through October 31.

sec.sec.65.375.Open Seasons; Means and Methods.
(a) Recreational harvest.
(1) The open season for the recreational harvest of fur-bearing animals is 
September 1 of one year to August 31 of the following year. 
(2) The daily bag limit is one fur-bearing animal and the possession limit is 
two fur-bearing animals. A fur-bearing animal that has been reduced to a 
finished product shall not be considered part of the possession limit.
(3) Fur-bearing animals, pelts, and carcasses possessed under this paragraph 
shall not be sold.
(b) Commercial harvest.
(1) The open season for the commercial harvest of fur-bearing animals is 
November 1 of one year through March 31 of the following year. Nutria may be 
taken from September 1 through August 31 of the following year. 
(2) There are no bag or possession limits.
(3) From April 6 through October 31 no licensed trapper may possess more than 
two undried pelts taken under a trapper's license.
(c) Means and Methods. 
(1) Only the following means and methods are legal for taking fur-bearing 
animals:
(A) firearms;
(B) steel leghold and conibear-style traps;
(C) falconry;
(D) live or box trap;
(E) dogs;
(F) snare;
(G) lawful archery equipment;
(H) electronic or hand-held calls; and
(I) artificial light.
(2) Exceptions. No person may: 
(A) take river otter with firearms;
(B) shoot at, take or attempt to take any fur-bearing animal from a boat on 
public waters of this state;
(C) take fur-bearing animals with steel leghold or conibear-style traps, except 
during the open season for commercial harvest; or
(D) set steel leghold or conibear-style traps within 400 yards of any school; or 
(E) use smoke, explosives or chemicals of any kind to aid in the hunting of fur-
bearing animals.
(3) Special provisions.
(A) Conibear-style traps with a diagonal opening dimension greater than 10 
inches shall not be set on land or in less than six-inches of water. 
(B) Snares, steel leghold traps, conibear-style traps, and live or box traps 
shall be examined at least every 36 hours.
(C) Animals taken by the means and methods listed in this section shall be 
removed upon discovery.

sec.65.376. Possession of Live Fur-bearing Animals.
(a) No person other than the holder of a fur-bearing animal propagation license 
may possess a live fur-bearing animal at any time, except as otherwise provided 
in this chapter.
(b) A propagation license may be issued following an initial facility inspection 
by the department. Additional inspections may be made at department discretion. 
For persons not engaged in selling or trading fur-bearing animals, there is no 
initial facility inspection; however, inspections may be performed at the 
discretion of the department.
(c) The holder of a fur-bearing animal propagation license shall provide the 
following for each animal in possession: 
(1) a sufficient supply of fresh water at all times;
(2) shelter from heat and inclement weather; and
(3) an enclosure of at least 20 inches in height and eight square feet in area. 
Enclosures shall be cleaned daily.
(d) Offspring of fur-bearing animals held under a propagation permit may be kept 
with their parents or siblings for up to 120 days from birth in an enclosure 
meeting the height and area requirements for a single animal.
(e) Nothing in this subchapter shall prohibit a taxidermist from possessing for 
taxidermy purposes a fur-bearing animal or the pelt of a fur-bearing animal 
lawfully taken or possessed under this subchapter, provided the animal or pelt 
is labeled with the name and address of the owner of the animal or pelt. 
(f) Live fur-bearing animals may be taken and possessed for three days or less 
for instructional or demonstration purposes upon written authorization of the 
department.

sec.65.377.Sale or Purchase of Fur-bearing Animals or Their Pelts.
(a) No person other than licensed trappers, retail fur buyers, wholesale fur 
dealers, or fur-bearing animal propagators may sell fur-bearing animals or the 
pelts of fur-bearing animals, and no person other than licensed retail fur 
buyers, wholesale fur dealers or fur-bearing animal propagators may purchase 
fur-bearing animals or their pelts. 
(b) Live fur-bearing animals may be sold only:
(1) by persons who hold a valid fur-bearing animal propagation license; or
(2) to persons authorized by permits issued under Parks and Wildlife Code, 
Chapter 43, or another licensed fur-bearing animal propagator.
(c) No person shall sell or export live fur-bearing animals outside this state 
without receiving prior written authorization from the department. A request for 
authorization shall include written documentation verifying that the recipient 
of the live animals is in compliance with applicable regulations in the 
destination state. A copy of the completed authorization shall accompany the 
animals at all times during shipment or be attached to the shipping container 
used to export the animals. 

sec.65.378. Importation and Release of Fur-bearing Animals or Their Pelts.
(a) No person may import live fur-bearing animals into this state from another 
state or country unless: 
(1) a permit has been issued by the department for such importation and a copy 
of the completed permit accompanies any live fur-bearing animal being imported 
or is attached to any container used to import live fur-bearing animals;
(2) the imported animals are accompanied by a health certificate signed by a 
veterinarian accredited in the state of origin; and
(3) if the imported animals are foxes, raccoons, or skunks, a signed letter of 
authorization issued by the Texas Department of Health. 
(b) Imported live fur-bearing animals, live fur-bearing animals previously held 
in captivity, and fur-bearing animals live-trapped as nuisances may not be 
released into the wild without the written consent of the department. Animals 
released under provision of this subsection must be accounted for in a report 
filed with the department on or before the tenth day of the month following the 
month of release. The report shall list the species, number captured and 
released, date and location of capture, date and location of release, and name 
and address of person authorized to release. 

sec.65.379.Reporting Requirements.
(a) Any person licensed as a retail fur buyer or wholesale fur dealer must 
complete and file an appropriate annual report with the department by May 31 of 
each year. 
(b) Any person licensed as a fur-bearing animal propagator must complete and 
file an appropriate annual report with the department by August 31 of each year.
(c) The department reserves the right refuse permit issuance to any person not 
in compliance with this section.

sec.65.380. Penalty. The penalties for a violation of this subchapter are 
prescribed by Texas Parks and Wildlife Code, Chapter 71.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on May 29, 1996.
TRD-9607457
Bill Harvey, Ph.D.
Regulatory Coordinator 
Texas Parks and Wildlife Department 
Earliest possible date of adoption: July 8, 1996
For further information, please call: (512) 389-4642 

PART IX. Commission on Jail Standards
CHAPTER 257. Construction Approval Rules
37 TAC sec.257.9
The Commission on Jail Standards proposes an amendment to sec.257.9, concerning 
Construction Approval Rules, to add the requirement that all new jails be built 
in accordance with the federal Americans with Disabilities Act Accessibility 
Guidelines. The agency proposes to adopt the federal guidelines by reference. 
Jack E. Crump, executive director, has determined that for the first five year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the sections. 
Mr. Crump also has determined that for each year of the first five years the 
section is in effect the public benefits anticipated as a result of enforcing 
the section as proposed will be to provide accessible jail cells and support 
areas for disabled inmates and staff in accordance with federal guidelines.
There will be no effect on small businesses. There is no anticipated economic 
cost to persons who are required to comply with the sections as proposed. 
Comments on the proposal may be submitted to Rhonda C. Long, P. O. Box 12985, 
Austin, Texas, 78711, 512-463-5505. 
The amendment is proposed under Government Code, Chapter 511 which provides the 
Texas Commission on Jail Standards with the authority to adopt reasonable rules 
and procedures establishing minimum standards for the construction, equipment, 
maintenance and operation of county jails. 
The statutes that are affected by these rules are Local Government Code, Chapter 
351, 351.002 and 351.015. 

sec.sec.257.9 Laws Applicable. Facilities constructed prior to subsequent 
amendments to these rules, entailing changes, additions, or deletions to the 
structure of equipment therein, shall not be required to meet the changes unless 
the change also establishes a date by which the change shall be effected. The 
facility shall conform to the building, safety, and health requirements of state 
and local authority. The facility shall also conform to Title 36, CFR, Part 
1191, Sections 11.41, 11.42 and Chapter 12 in its entirety regarding the 
Americans with Disabilities Act Accessibility Guidelines (ADAAG).
The commission adopts these rules by reference.<ol> State standards for a 
facility which exceed those of the local authority shall take precedence. Where 
local building codes do not exist, the Uniform Building Code or Standard 
Building Code, latest editions, will apply. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on May 24, 1996. 
TRD-9607444
Jack E. Crump
Executive Director
Commission on Jail Standards
Earliest possible date of adoption: July 8, 1996
For further information, please call: (512) 463-5505

CHAPTER 259. New Construction Rules
Maximum Security Design, Construction and Furninshing Requirements 
37 TAC sec.259.138
The Commission on Jail Standards proposes an amendment to sec.259.138, 
concerning New Construction Rules, to delete the reference to court for remote 
holding cells in construction standards. 
Jack E. Crump, executive director, has determined that for the first five year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the sections. 
Mr. Crump also has determined that for each year of the first five years the 
section is in effect the public benefits anticipated as a result of enforcing 
the section as proposed will be to provide standards which encompass all types 
of cells. 
There will be no effect on small businesses. There is no anticipated economic 
cost to persons who are required to comply with the sections as proposed. 
Comments on the proposal may be submitted to Rhonda C. Long, P. O. Box 12985, 
Austin, Texas, 78711, (512) 463-5505. 
The amendment is proposed under Government Code, Chapter 511 which provides the 
Texas Commission on Jail Standards with the authority to adopt reasonable rules 
and procedures establishing minimum standards for the construction, equipment, 
maintenance and operation of county jails. 
The statutes that are affected by these rules are Local Government Code, Chapter 
351, 351.002 and 351.015. 

sec.259.138 Holding Cells.
(a) (No change.) 
(b) Remote [Court] Holding Cells. Holding cells that are separate from the 
facility and utilized for direct court holding processing or for inmates 
awaiting transportation. Inmates shall not be held for more than eight hours and 
the cell<ol> shall include the following features and equipment: 
(1)-(7) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
Issued in Austin, Texas, on May 24, 1996. 
TRD-9607440
Jack E. Crump
Executive Director
Commission on Jail Standards
Earliest possible date of adoption: July 8, 1996
For further information, please call: (512) 463-5505

CHAPTER 261. Existing Construction Rules
Existing Maximum Security Design, Construction and Furnishing Requirements
37 TAC sec.261.138
The Commission on Jail Standards proposes an amendment to sec.261.138, 
concerning Existing Construction Rules, to delete the reference to court for 
remote holding cells in construction standards. 
Jack E. Crump, executive director, has determined that for the first five year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the sections. 
Mr. Crump also has determined that for each year of the first five years the 
section is in effect the public benefits anticipated as a result of enforcing 
the section as proposed will be to provide standards which encompass all types 
of cells. 
There will be no effect on small businesses. There is no anticipated economic 
cost to persons who are required to comply with the sections as proposed. 
Comments on the proposal may be submitted to Rhonda C. Long, P. O. Box 12985, 
Austin, Texas, 78711, (512) 463-5505. 
The amendment is proposed under Government Code, Chapter 511 which provides the 
Texas Commission on Jail Standards with the authority to adopt reasonable rules 
and procedures establishing minimum standards for the construction, equipment, 
maintenance and operation of county jails. 
The statutes that are affected by these rules are Local Government Code, Chapter 
351, 351.002 and 351.015. 

sec.261.138Holding Cells.
(a) (No change.) 
(b) Remote [Court] Holding Cells. Holding cells that are separate from the 
facility and utilized for direct court holding processing or for inmates 
awaiting transportation. Inmates shall not be held for more than eight hours and 
the cell<ol> shall include the following features and equipment: 
(1)-(7) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
Issued in Austin, Texas, on May 24, 1996. 
TRD-9607441
Jack E. Crump
Executive Director
Commission on Jail Standards
Earliest possible date of adoption: July 8, 1996
For further information, please call: (512) 463-5505

CHAPTER 265.Admission
37 TAC sec.265.13
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Commission on 
Jail Standards or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Commission on Jail Standards proposes the repeal of sec.265.13, concerning 
Admission, to allow adoption of a similar new rule regarding nondiscrimination 
in a different chapter. 
Jack E. Crump, executive director, has determined that for the first five year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section. 
Mr. Crump also has determined that for each year of the first five years the 
section is in effect the public benefits anticipated as a result of enforcing 
the section as proposed will be to allow adoption of equitable treatment 
standards. 
There will be no effect on small businesses. There is no anticipated economic 
cost to persons who are required to comply with the section as proposed. 
Comments on the proposal may be submitted to Rhonda C. Long, P. O. Box 12985, 
Austin, Texas, 78711, (512) 463-5505. 
The repeal is proposed under Government Code, Chapter 511 which provides the 
Texas Commission on Jail Standards with the authority to adopt reasonable rules 
and procedures establishing minimum standards for the custody, care, and 
treatment of prisoners. 
The statutes that are affected by this rule are Local Government Code, Chapter 
351, 351.002 and 351.015. 

sec.265.13 Nondiscriminatory Practices.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
Issued in Austin, Texas, on May 24, 1996. 
TRD-9607442
Jack E. Crump
Executive Director
Commission on Jail Standards
Earliest possible date of adoption: July 8, 1996
For further information, please call: (512) 463-5505

CHAPTER 269. Records and Procedures
General 
37 TAC sec.269.4
The Commission on Jail Standards proposes new sec.269.4, concerning Records and 
Procedures, to establish a rule regarding nondiscrimination of inmates in 
accordance with federal guidelines. 
Jack E. Crump, executive director, has determined that for the first five year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section. 
Mr. Crump also has determined that for each year of the first five years the 
section is in effect the public benefits anticipated as a result of enforcing 
the section as proposed will be to provide equitable treatment standards. There 
will be no effect on small businesses. There is no anticipated economic cost to 
persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Rhonda C. Long, P. O. Box 12985, 
Austin, Texas, 78711, (512) 463-5505. 
The new rule is proposed under Government Code, Chapter 511 which provides the 
Texas Commission on Jail Standards with the authority to adopt reasonable rules 
and procedures establishing minimum standards for the custody, care, and 
treatment of prisoners. 
The statutes that are affected by this rule are Local Government Code, Chapter 
351, 351.002 and 351.015. 

sec.sec.269.4 Nondiscriminatory Practices.
Each Sheriff/operator's facility operating plans shall prohibit discrimination 
against inmates because of race, religion, national origin, sex, age, or 
disabilities. The treatment of inmates with disabilities shall be in accordance 
with Title 35, CFR, Subpart B and Subpart D regarding nondiscrimination on the 
basis of disability in government services.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on May 24, 1996. 
TRD-9607443
Jack E. Crump
Executive Director
Commission on Jail Standards
Earliest possible date of adoption: July 8, 1996
For further information, please call: (512) 463-5505

TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART XIX. Texas Department of Protective and Regulatory Services
CHAPTER 705. Adult Protective Services
The Texas Department of Protective and Regulatory Services (TDPRS) proposes new 
sections sec.sec.705.1001, 705.3101, and 705.3102, concerning definitions, 
validation of allegations, and protective orders, in its Adult Protective 
Services chapter. New sec.705.1001 is proposed in a new undesignated head titled 
"Definitions." New sec.705.3101 and sec.705.3102 are proposed in a new 
undesignated head titled "Family Violence." The purpose of the new sections is 
to incorporate changes needed because of recent legislation and implementation 
of the Child and Adult Protective System (CAPS) automated
system.  
Cindy Brown, acting deputy director for finance, has determined that for the 
first five-year period the proposed sections will be in effect there will be 
fiscal implications for state government as a result of enforcing or 
administering the sections. The effect on state government for the first five-
year period the sections will be in effect is an additional cost of $15,150 for 
fiscal year (FY) 1996; $12,750 for FY 1997; $13,950 for FY 1998; $12,750 for FY 
1999; and $12,750 for FY 2000. These costs pertain to the agency as a whole and 
it is anticipated that the Adult Protective Services program will only incur 
nominal, if any, expense related to these new sections. There will be no fiscal 
implications for local government. 
Ms. Brown also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be an increased awareness of services for victims of family 
violence. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the proposed sections. 
Questions about the content of the proposal may be directed to Carolyn Bivens at 
(512) 438-3205 in TDPRS's Adult Protective Services section. Written comments on 
the proposal may be submitted to Supervisor, Rules Unit, Media and Policy 
Services-202, Texas Department of Protective and Regulatory Services E-205, P.O. 
Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas 
Register. <ol>

Definitions
40 TAC sec.705.1001
The new section is proposed under the Human Resources Code, Title 2, Chapters 40 
and 48, which authorizes the department to administer protective services for 
elderly persons and adults with disabilities. 
The new section further implements Chapter 48 of the Human Resources Code.

sec.sec.705.1001. Definitions. 
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise: 
Abuse--The negligent or willful infliction of injury, unreasonable confinement, 
intimidation, or cruel punishment with resulting physical or emotional harm or 
pain by a caretaker, family member, or other individual with whom the elderly or 
disabled person has an ongoing relationship.
Adult--A person 18 or older, or an emancipated minor. 
Aged or elderly person--A person 65 or older.
Allegation--An assertion that an elderly person or an adult with a disability is 
in a state of or at risk of harm due to abuse, neglect, or exploitation. 
Alleged perpetrator--A person who is reported to be responsible for the abuse, 
neglect, or exploitation of an elderly person or an adult with a disability  
Alleged victim--An elderly person or an adult with a disability who has been 
reported to adult protective services staff to be in a state of or at risk of 
abuse, neglect, or exploitation. 
Alleged victim/perpetrator--An elderly person or an adult with a disability who 
has been reported to adult protective services staff to be in a state of or at 
risk of self neglect or suicidal threat.
Authorized representative--A person appointed by an alleged victim or a client 
to speak for him or act on his behalf. 
Capacity to consent--Having the mental and physical ability to understand the 
current problems and the services offered and to accept or reject those services 
knowing the consequences of the decision.
Caretaker--A guardian, representative payee, or other person who by act, words, 
or course of conduct has acted so as to cause a reasonable person to conclude 
that he has accepted the responsibility for protection, food, shelter, and 
medical care for an elderly person or an adult with a disability. 
Child and Adult Protective System (CAPS)--The software application by which 
Adult Protective Services (APS) and Child Protective Services (CPS) staff 
document cases. 
Client--An elderly person or an adult with a disability who has been determined 
in a validated finding to be in need of protective services.
Collateral contact--Contact with a person, other than a principal, who has 
knowledge of the situation and is a source of information for completion of the 
investigation or the delivery of services.
Community care--Services provided within the client's own home, neighborhood, or 
community, as alternatives to institutional care. Community care is sometimes 
called alternate care.
Designated perpetrator--A person who has been determined in a validated finding 
to have abused, neglected, or exploited an elderly person or an adult with a 
disability. 
Designated victim--An elderly person or an adult with a disability for which a 
finding of abuse, neglect, or exploitation has been validated.
Designated victim/perpetrator--An elderly person or an adult with a disability 
for which a finding of self neglect or suicidal threat has been validated.
Disabled person--A person with a physical, mental, or developmental disability 
that substantially impairs the person's ability to provide adequately for the 
person's care or protection and who is 18 years of age or older or under 18 
years of age and who has had the disabilities of minority removed. (Human 
Resources Code, sec.48.002)
Emancipated minor--A person under 18 years of age who has the power and capacity 
of an adult. This includes a minor who has had the disabilities of minority 
removed by a court of law or a minor who, with or without parental consent, has 
been married. Marriage includes common-law marriage.
Emotional or verbal abuse--Any use of verbal communication or other behavior to 
humiliate, intimidate, vilify, degrade, or threaten with harm.
Exploitation--The illegal or improper act or process of a caretaker, family 
member, or other individual who has an ongoing relationship with an elderly or 
disabled person using the resources of the elderly or disabled person for 
monetary or personal benefit, profit, or gain without the informed consent of 
the elderly or disabled person. (Human Resources Code, sec.48.002)
Family violence--An act by a member of a family or household against another 
member of the family or household that is intended to result in physical harm, 
bodily injury, assault, or sexual assault or that is a threat that reasonably 
places the member in fear of imminent physical harm, bodily injury, assault, or 
sexual assault, but does not include defensive measures to protect oneself. 
(Texas Family Code, sec.71.01(b)(2))
Institution--An establishment that furnishes, in one or more facilities, food 
and shelter to four or more persons who are unrelated to the proprietor of the 
establishment and provides minor treatment under the direction and supervision 
of a physician licensed by the Texas State Board of Medical Examiners, or other 
services that meet some need beyond the basic provision of food, shelter, and 
laundry. (Health and Safety Code, sec.242.002(5))
Least restrictive alternative--An action or service that protects a client while 
allowing personal autonomy to the fullest degree possible. 
Neglect--The failure to provide for one's self the goods or services, including 
medical services, which are necessary to avoid physical or emotional harm or 
pain or the failure of a caretaker to provide the goods or services. (Human 
Resources Code, sec.48.002) 
Personal care facility--An establishment, including a board and care home, that 
furnishes, in one or more facilities, food and shelter to four or more persons 
who are unrelated to the proprietor of the establishment and provides personal 
care services. (Health and Safety Code, sec.247.002(3)) 
Primary worker--The APS worker assigned primary responsibility for a case and 
serves the area where the client is located. 
Principal--The alleged victim/client or perpetrator in an APS case. 
Protective services--The services furnished by the department or by a protective 
services agency to an elderly or disabled person who has been determined to be 
in a state of abuse, exploitation, or neglect. These services may include social 
casework, case management, and arranging for psychiatric and health evaluation, 
home care, day care, social services, health care, and other services consistent 
with the Human Resources Code, Chapter 48. (Human Resources Code, sec.48.002) 
Provider agency (contractor)--An agency that has contracted with the Texas 
Department of Protective and Regulatory Services to provide authorized services 
for adult protective service clients. 
Reporter--A person who makes a referral to adult protective services staff about 
a situation of alleged abuse, neglect, or exploitation of an elderly person or 
an adult with a disability. 
Secondary worker--A caseworker who assists the primary worker by conducting 
interviews, researching records, or providing other assistance in a case. This 
caseworker has access to the electronic case file and is able to perform any 
tasks for that case in CAPS that a primary worker can perform.
Sexual abuse--Any involuntary or nonconsensual sexual conduct that would 
constitute an offense under the Texas Penal Code, sec.21.08 or the Texas Penal 
Code, Chapter 22. (Human Resources Code, sec.48.002). 
Sustained perpetrator --A person for which at least one validated finding of 
abuse, neglect, or exploitation of an elderly person or an adult with a 
disability has been sustained by an administrative review or a release hearing. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on May 29, 1996.
TRD-9607455
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: August 15, 1996
For further information, please call: (512) 438-3765

40 TAC sec.705.3101, sec.705.3102
The new sections are proposed under the Human Resources Code, Title 2, Chapters 
40 and 48, which authorizes the department to administer protective services for 
the elderly. 
The new sections implement Chapter 54, Human Resources Code and Amendment by 
Acts 1995, 74th Legislature, Chapter 559, sec.1 found in the note preceding the 
Human Resources Code, Chapter 40.

sec.sec.705.3101.Validation of Allegations.
(a) When Texas Department of Protective and Regulatory Services (TDPRS) staff 
validate an allegation that an elderly person or an adult with a disability is a 
victim of family violence as specified in the Texas Family Code, 
sec.71.01(b)(2), the adult protective services caseworker: 
(1) documents the findings; and 
(2) provides the victim with written information in English or Spanish, as 
appropriate, concerning community services that are available. 
(b) Statistical compilations of the documented findings are included in TDPRS's 
annual report.

sec.sec.705.3102.Protective Orders. When Texas Department of Protective and 
Regulatory Services (TDPRS) staff validate an allegation that an elderly person 
or an adult with a disability is a victim of family violence as specified in the 
Texas Family Code, sec.71.01(b)(2), TDPRS may apply for a protective order to 
protect the victim. Before filing the protective order, the adult protective 
services caseworker contacts the victim and a nonabusive adult member of the 
household, if available:
(1) to notify them of TDPRS's intent to file a protective order; and 
(2) to request assistance in developing a safety plan for the victim and any 
nonabusive household members. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on May 29, 1996.
TRD-9607456
C. Ed Davis
Deputy Director, Legal Service,
Texas Department of Protective and Regulatory Services
Proposed date of adoption: August 15, 1996
For further information, please call: (512) 438-3765