ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 1. ADMINISTRATION PART II. Texas Ethics Commission CHAPTER 22. Restrictions on Contributions and Expenditures 1 TAC sec.22.32 The Texas Ethics Commission adopts new sec.22.32, concerning the retirement of campaign debt by certain judicial candidates and officeholders who are not running in the 1996 election and by their political committees. sec.22.32 is adopted without changes to the proposed text as published in the May 7, 1996, issue of the Texas Register (21 TexReg 3877). This section provides guidelines for those judicial candidates, officeholders, and political committees that qualify and that wish to accept political contributions to retire campaign debt incurred before June 16, 1995. It also prescribes procedures that must be followed by those judicial candidates, officeholders, and political committees before accepting political contributions under this section. The section authorizes a judicial candidate or officeholder who is not running for election in 1996, or a specific-purpose committee for supporting or opposing such a candidate or officeholder, to accept political contributions during the period beginning June 16, 1995, and continuing through March 5, 1997, to retire campaign debt incurred before June 16, 1995. Political contributions may not be accepted in excess of the amount necessary to retire existing campaign debt and to cover costs incurred in soliciting political contributions to retire that debt. To be entitled to act under the section, a sworn statement must be filed with the authority with whom the person's campaign treasurer appointment is filed. The Texas Ethics Commission received written comments from 49 persons concerning the rule. All comments urged the commission to adopt the rule as proposed. This rule is adopted under the Government Code, Chapter 571, sec.571.062, which authorizes the Texas Ethics Commission to adopt rules to implement laws administered and enforced by the commission; under sec.10(d), Chapter 763, Acts of the 74th Legislature, Regular Session, 1995 (relating to the effective date and application of Subchapter F, Chapter 253, Election Code); and under Election Code sec.253.035(h) (relating to Restrictions on Personal Use of Contributions), sec.253.151 (relating to Applicability of Subchapter), sec.253.153 (relating to Contribution Prohibited Except During Election Period), sec.253.155 (relating to Contribution Limits), sec.253.156 (relating to Contribution to Certain Committees Considered Contribution to Candidate), sec.253.157 (relating to Limit on Contribution by Member or General-Purpose Committee of Law Firm), sec.253.158 (relating to Contribution by Spouse or Child Considered to be Contribution by Individual), sec.253.159 (relating to Exception to Contribution Limits), sec.253.160 (relating to Aggregate Limit on Contributions From and Direct Campaign Expenditures by General-Purpose Committee), and sec.253.162 (relating to Restrictions on Reimbursement of Personal Funds and Payments on Certain Loans). This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 17, 1996. TRD-9608666 Tom Harrison Executive Director Texas Ethics Commission Effective date: July 8, 1996 Proposal publication date: May 7, 1996 For further information, please call: (512) 463-5800 TITLE 13. CULTURAL RESOURCES PART II. Texas Historical Commission CHAPTER 11. Administrative Department 13 TAC sec.sec.11.1-11.4, sec.sec.11.7-11.9 The Texas Historical Commission adopts amendments to sec.sec.11.1-11.4 and sec.sec.11.7-11.9 under the Administrative Department concerning Commission meetings, election and duties of officers, vacancies, members' code of conduct, donations, and the use of the agency's buildings and grounds, without changes to the proposed text as published in the April 2, 1996, issue of the Texas Register (21 TexReg 2611). Adoption of the amendments is necessary to implement administrative, nonsubstantive, changes to these sections. Most amendments are general house cleaning measures necessary to clarify terminology, amend sections for consistency with other rules, and correct references to sections. No comments were received regarding adoption of these amendments. The amendments are adopted under Texas Government Code, Chapter 442, sec.442.005(q), which provides the Texas Historical Commission the authority to promulgate rules it considers proper for the effective administration of Texas Government Code, Chapter 442 (Senate Bill 365, 74th Legislature, 1995.) This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 18, 1996. TRD-9608694 Curtis Tunnell Executive Director Texas Historical Commission Effective date: July 9, 1996 Proposal publication date: April 2, 1996 For further information, please call: (512) 463-6100 CHAPTER 13. State Cemetery The Texas Historical Commission adopts the repeals of sec.sec.13.1-13.26, concerning the state marker program (the provisions of these sections have been transferred to Chapter 21, in order to consolidate the rules governing the activities of the Local History Programs department into one chapter), and adopts new sec.sec.13.1-13.2, without changes to the proposed text as published in the April 2, 1996, issue of the Texas Register (21 TexReg 2613). The repeals to the original sections were necessitated by the internal restructuring of the agency and will better reflect current agency practices. The agency adopts new sec.sec.13.1-13.2 concerning the involvement of the Texas Historical Commission in reviewing the eligibility of persons for burial in the State Cemetery as a result of Senate Bill 21, 74th Texas Legislature, 1995. No comments were received regarding adoption of the repeals or new sections. 13 TAC sec.sec.13.1-13.26 The repeals are adopted under the Texas Government Code, Chapter 442, sec.442.005 (q), which provides the Texas Historical Commission the authority to promulgate rules it considers proper for the effective administration of the Texas Government Code, Chapter 442 (Senate Bill 365, 74th Texas Legislature, 1995). This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 18, 1996. TRD-9608689 Curtis Tunnell Executive Director Texas Historical Commission Effective date: July 9, 1996 Proposal publication date: April 2, 1996 For further information, please call: (512) 463-6100 13 TAC sec.13.1, sec.13.2 The new sections are adopted under the Texas Government Code, Chapter 442, sec.442.005, which provides the Texas Historical Commission the authority to promulgate rules it considers proper for the effective administration of the Texas Government Code, Chapter 442 (Senate Bill 365) and Senate Bill 21(74th Texas Legislature, 1995). This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 18, 1996. TRD-9608690 Curtis Tunnell Executive Director Texas Historical Commission Effective date: July 9, 1996 Proposal publication date: April 2, 1996 For further information, please call: (512) 463-6100 CHAPTER 15. Administration of Federal Programs 13 TAC sec.15.3, sec.15.6 The Texas Historical Commission adopts amendments to sec.15.3 concerning membership and purpose of the State Board of Review and sec.15.6 regarding the citation for statutory authority with regard to the Texas Open Meetings Act, without changes to the proposed text as published in the April 2, 1996, issue of the Texas Register (21 TexReg 2614). Adoption of the amendments is necessary to make the rules consistent with federal regulations and better define the board's composition. Amending sec.15.6 updates the citation for statutory authority with regard to the Texas Open Meetings Act. No comments were received regarding adoption of these amendments. The amendments are adopted under the Texas Government Code, Chapter 442, sec.442.005(q) which provides the Texas Historical Commission the authority to promulgate rules it considers proper for the effective administration of Texas Government Code, Chapter 442 (Senate Bill 365, 74th Legislature, 1995.) This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 18, 1996. TRD-9608695 Curtis Tunnell Executive Director Texas Historical Commission Effective date: July 9, 1996 Proposal publication date: April 2, 1996 For further information, please call: (512) 463-6100 CHAPTER 17. State Architectural Programs The Texas Historical Commission adopts the repeal of sec.sec.17.1-17.4, concerning Texas Historic Preservation Grants, the Architectural Visiting Specialist Program, Review of Work on County Courthouses, and the Texas Preservation Trust Fund, and adopts new sec.sec.17.1-17.3, without changes to the proposed text as published in the April 2, 1996, issue of the Texas Register (21 TexReg 2615). The justification for the repeal of sec.sec.17.1-17.4 and the adoption of the new sec.sec.17.1-17.3 is to identify obsolete or ambiguous rules, and to clarify definitions, eligibility requirements, procedures, qualifications, and standards. During the public period, THC received two sets of comments regarding the adoption of the repeals and new sections. The commenters were private citizens. The following are summaries of the comments and THC's response to the comments: Comment: Comments regarding sec.17.3, Texas Preservation Trust Fund, question the use and allocations of grant assistance under the authority of Texas Government Code, Chapter 442, sec.442.015. Questions were also raised regarding proceeds and interest on donations less than $5000, representation on the Texas Preservation Trust Fund Advisory Board, and the administration of the Trust Fund within the THC. Response: Comments were distributed to the Executive Committee of the Texas Historical Commission at their regularly schedule meeting in Amarillo, Texas on May 3, 1996, and the content of these letters were considered prior to their vote to recommend to the full commission approval of the rules as proposed. At the full THC meeting later that day, the discussions of the Executive Committee were reported and Chapter 17 of the rules were adopted unanimously. In summary, the comments concerned the statute the created the Texas Preservation Trust Fund and others dealt more specifically with the rules. The THC is required to track the intent of the statutes in our rules that have been reviewed by our Attorney General's council to ensure consistency. 13 TAC sec.sec.17.1-17.4 The repeals are adopted under the Texas Government Code, Chapter 442, sec.442.005 (q), which provides the Texas Historical Commission the authority to promulgate rules it considers proper for the effective administration of the Texas Government Code, Chapter 442 (Senate Bill 365, 74th Texas Legislature, 1995). This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 18, 1996. TRD-9608691 Curtis Tunnell Executive Director Texas Historical Commission Effective date: July 9, 1996 Proposal publication date: April 2, 1996 For further information, please call: (512) 463-6100 13 TAC sec.sec.17.1-17.3 The new sections are adopted under the Texas Government Code, Chapter 442, sec.442.005, which provides the Texas Historical Commission the authority to promulgate rules it considers proper for the effective administration of the Texas Government Code, Chapter 442 (Senate Bill 365, 74th Texas Legislature, 1995). This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 18, 1996. TRD-9608692 Curtis Tunnell Executive Director Texas Historical Commission Effective date: July 9, 1996 Proposal publication date: April 2, 1996 For further information, please call: (512) 463-6100 CHAPTER 19. Texas Main Street Project 13 TAC sec.19.5 The Texas Historical Commission adopts an amendment to sec.19.5 under Texas Main Street Project concerning the elimination of visits to assist with identified local needs in the self-initiated Main Street cities, without changes to the proposed text as published in the April 2, 1996, issue of the Texas Register (21 TexReg 2621). Adoption of the amendment is necessary due to reductions in funding for travel and an increase in the number of participating cities. No comments were received regarding adoption of this amendment. The amendment is adopted under the Texas Government Code, Chapter 442, sec.442.005(q), which provides the Texas Historical Commission the authority to promulgate rules it considers proper for the effective administration of Texas Government Code, Chapter 442 (Senate Bill 365, 74th Legislature, 1995.) This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 18, 1996. TRD-9608696 Curtis Tunnell Executive Director Texas Historical Commission Effective date: July 9, 1996 Proposal publication date: April 2, 1996 For further information, please call: (512) 463-6100 CHAPTER 21. Local History Programs The Texas Historical Commission adopts the repeals of sec.sec.21.1-21.5 concerning the Local History Programs committee, grant programs for history museums, the Winedale museum seminar and museum on-site consultations, and adopts new sec.sec.21.1-21.31, without changes to the proposed text as published in the April 2, 1996, issue of the Texas Register (21 TexReg 2621). The repeals eliminate ambiguous language and better reflects current practices and procedures of the agency. The agency adopts new sec.sec.21.1-21.31 to better reflect the activities of the Local History Programs department and incorporate current practices and procedures of the agency. Rules for the historic Texas cemetery program are adopted in order to implement a rider in the 1995 Appropriations Bill providing for the registration of historic cemeteries with the Texas Historical Commission. No comments were received regarding adoption of the repeals or new sections. 13 TAC sec.sec.21.1-21.5 The repeals are adopted under the Texas Government Code, Chapter 442, sec.442.005(q), which provides the Texas Historical Commission the authority to promulgate rules it considers proper for the effective administration of Texas Government Code, Chapter 442 (Senate Bill 365, 74th Legislature, 1995.) This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 18, 1996. TRD-9608697 Curtis Tunnell Executive Director Texas Historical Commission Effective date: July 9, 1996 Proposal publication date: April 2, 1996 For further information, please call: (512) 463-6100 13 TAC sec.sec.21.1-21.31 The new sec.sec.21.1-21.31 are adopted under the Texas Government Code, Chapter 442, sec.442.005(q), which provides the Texas Historical Commission the authority to promulgate rules it considers proper for the effective administration of Texas Government Code, Chapter 442 (Senate Bill 365, 74th Legislature, 1995.) This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 18, 1996. TRD-9608698 Curtis Tunnell Executive Director Texas Historical Commission Effective date: July 9, 1996 Proposal publication date: April 2, 1996 For further information, please call: (512) 463-6100 CHAPTER 23. Publications The Texas Historical Commission adopts the repeals of sec.23.3 and sec.23.4 regarding awards presented by the agency, with requirements and criteria detailed in the Texas Preservation Handbook and administered by the Local History Programs department, and adopts new sec.23.3 regarding the rules of the T.R. Fehrenbach book award, with changes to the proposed text as published in the April 2, 1996, issue of the Texas Register (21 TexReg 2625). Information from sec.23.3 (Awards) is being transferred to Chapter 21, sec.21.36, Local History Programs, the department that administers the awards. The language allows a greater understanding of the criteria for the agency's numerous awards and yields information on the different departments that have oversight of the various awards. The agency adopts new sec.23.3 regarding the rules of the T.R. Fehrenbach book award. The section is adopted with changes to clarify a typographical error regarding the deadline for receipt of nominations for the book award. No comments were received regarding adoption of the repeals or new sections. 13 TAC sec.23.3, sec.23.4 The repeals are adopted under the Texas Government Code, Chapter 442, sec.442.005(q), which provides the Texas Historical Commission the authority to promulgate rules it considers proper for the effective administration of Texas Government Code, Chapter 442 (Senate Bill 365, 74th Legislature, 1995.) This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 18, 1996. TRD-9608699 Curtis Tunnell Executive Director Texas Historical Commission Effective date: July 9, 1996 Proposal publication date: April 2, 1996 For further information, please call: (512) 463-6100 13 TAC sec.23.3 The new section is adopted under the Texas Government Code, Chapter 442, sec.442.005(q), which provides the Texas Historical Commission the authority to promulgate rules it considers proper for the effective administration of Texas Government Code, Chapter 442 (Senate Bill 365, 74th Legislature, 1995.) sec.23.3. Rules of the T.R. Fehrenbach Book Award of the Texas Historical Commission: 1989-1998. The T.R. Fehrenbach Book Award, sponsored by The Dow Chemical Company, is presented annually to outstanding history publications. Requirements and criteria are detailed in the current Texas Preservation Handbook for County Historical Commissions. (1) The official name of this program shall be the "T.R. Fehrenbach Book Award of the Texas Historical Commission, sponsored by The Dow Chemical Company." (2) This award program is instituted for the purpose of encouraging and recognizing interest, study, and publication in the field of Texas history. (3) To be eligible for awards, entries must be nonfiction works in book form devoted to any aspect of Texas history or heritage. All entries should reflect serious scholarship and provide additional knowledge of some part of the Texas past and shall be judged against each other. (4) Eligible entries must be published in not less than 200 copies during the current contest year. (5) Nominations for this award may be submitted by any person with an interest in Texas history, together with three copies of the nominated work, to the Texas Historical Commission on the provided official form. No books shall be returned. (6) Nominations must be received by 5:00 p.m. on the last Friday or working day in December of the contest year. (7) Winning entries (a maximum of three in any year) shall receive a cash prize of $1,000 together with an official recognition plaque from the Texas Historical Commission. All winning entries shall receive equal recognition. (8) Judging of entries and selection of winners shall be done by three distinguished Texas scholars and/or authors appointed by the Texas Historical Commission. All winning entries shall receive equal recognition. (9) All decisions by the judges shall be final and shall be ratified by the Texas Historical Commission. Neither the commission, The Dow Chemical Company, nor any other party shall have input or influence in the selection of winners or awarding of prizes. (10) One set of nominated entries shall remain with the Texas Historical Commission; one set shall be retained by The Dow Chemical Company; and one shall be donated to an appropriate public depository. (11) The Texas Historical Commission shall give the widest possible notice to authors, historians, and publishers, and to the public generally, to bring attention to this program and to encourage the nomination of all eligible entries. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 18, 1996. TRD-9608700 Curtis Tunnell Executive Director Texas Historical Commission Effective date: July 9, 1996 Proposal publication date: April 2, 1996 For further information, please call: (512) 463-6100 CHAPTER 25. Office of the State Archeologist 13 TAC sec.sec.25.1, 25.2, 25.4, 25.5, 25.6, 25.7 The Office of the State Archeologist, Texas Historical Commission adopts amendments to sec.25.1, concerning definitions; sec.25.2, concerning determinations of significance; sec.25.4 concerning consultations; sec.25.5 concerning inventory of archeological sites; sec.25.6, concerning archeological collections; and sec.25.7, concerning protection of archeological sites, without changes to the proposed text as published in April 2, 1996, issue of the Texas Register (21 TexReg 2626). Adoption of these amendments is necessary to implement administrative changes for clarifying terminology and are nonsubstantive. No comments were received regarding adoption of these amendments. The amendments are adopted under the Government Code, Chapter 442, sec.442.007, and by the Government Code, Chapter 442, sec.442.005(q), which provides the Texas Historical Commission with the authority to promulgate rules it considers proper for the effective administration of the Texas Government Code (Senate Bill 365, 74th Texas Legislature, 1995). This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 18, 1996. TRD-9608693 Curtis Tunnell Executive Director Texas Historical Commission Effective date: July 9, 1996 Proposal publication date: April 2, 1996 For further information, please call: (512) 463-6100 TITLE 22. EXAMINING BOARDS PART IV. Texas Cosmetology Commission CHAPTER 89.General Rules and Regulations 22 TAC sec.sec.89.20, 89.43, 89.53, 89.57, 89.60, 89.70, 89.72 The Texas Cosmetology Commission adopts amendments to sections sec.89.20, concerning length of courses; sec.89.43, concerning items to be posted in salon or school; sec.89.53, concerning minimum requirements for private and public cosmetology schools; sec.89.57, concerning disciplinary hearings; sec.89.60, concerning continuances, sec.89.70, concerning new private cosmetology school; sec.89.72, concerning curriculum. Section 89.53 is adopted with changes to the proposed text as published in the April 23, 1996, issue of the Texas Register (21 TexReg 3495). Sections 89.20, 89.43, 89.57, 89.60, 89.70, and 89.72 are published without changes to the proposed text and will not be republished. The amendments to sections are being adopted as a result of a formal petition brought by the Texas Association of Cosmetology Schools to the Texas Cosmetology Commission as provided for in the Government Code, sec.2001.021. The amendments are adopted under Vernon's Texas Civil Statutes, Article 8451a, sec.4(a), which provide the Texas Cosmetology Commission with the authority to "issue rules consistent with this Act after a public hearing", to protect the public's health and safety. sec. 89.53.Minimum Requirements for Both Private and Public Cosmetology Schools. (a) A building to house a cosmetology school must be fireproof and of permanent type of construction, and contain a minimum of 3,500 square feet of floor space, with separate restrooms for male and female students. The building must be divided into two separate areas: one for classroom instruction and one clinic work area. (b) A public school cosmetology department is required to have an area of not less than 2,200 square feet, including office dispensing, locker room, restrooms, and with an adjacent classroom. At least 1,200 square feet of the above shall be laboratory space. (c) The classroom must be separated from the laboratory area by walls extending to the ceiling and equipped with the following: (1) one chalkboard (2) desks and chairs or table space for a minimum of ten students (plus one desk or chair or table space for additional students enrolled and in attendance per theory class) (3) textbook for each student enrolled (4) charts covering, bones, muscles, nerves, skin, and nails (5) medical dictionary (6) visual aid equipment (A) Dispensary of not less than 50 contiguous square feet with a double sink with hot and cold running water and space for storage and dispensing of supplies and equipment (applicable for schools approved after August 21, 1985). (B) Lockers and dressing rooms are to be provided. (C) The school equipment list shall contain: (i) six shampoo bowls and six shampoo chairs (ii) eight hair dryers with chairs (iii) one heat cap or therapeutic light (iv) eight dozen cold wave rods (v) three electric irons, or marcel stoves and irons (vi) 16 styling stations covered with Formica or similar material, with mirror, and 16 styling chairs (swivel or hydraulic) (vii) 12 mannequins with sufficient hair with table or attached to styling stations (viii) one day/date formatted computer time clock (ix) one pair of professional hand clippers (x) three professional hand held dryers (xi) four manicure tables and four stools (xii) one closed cabinet for clean towels (xiii) one closed container for soiled towels (xiv) four covered trash cans in lab area (xv) one large wet disinfectant soaking container (xvi) one dry storage container for disinfected implements. (7) As enrollment increases, required equipment is subject to increase; all equipment must be in good and sanitary condition. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 18, 1996. TRD-9608719 Dick Strader Executive Director Texas Cosmetology Commission Effective date: July 9, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 454-4674 PART XIV. Texas Optometry Board CHAPTER 280.Therapeutic Optometry 22 TAC sec.280.5 The Texas Optometry Board adopts an amendment to sec.280.5, without changes to the proposed text published in the May 3, 1996, issue of the Texas Register (21 TexReg 3765). Section 280.5 is required in order to correct two words which were to have been made as a housekeeping change when the rule was finally adopted and published in the February 13, 1996, issue of the Texas Register (21 TexReg 1093), but were overlooked for correction. As stated in that adoption preamble, the Texas State Board of Pharmacy commented that the correct name for the DEA was Drug Enforcement Administration (rather than "agency") and that the word "dispensed" within the rule should be more correctly stated "possessed and administered." The rule as adopted allowed the use of cocaine eye drops for diagnostic purposes by therapeutic optometrists. No comments were received regarding adoption of the amendment. The amendment is adopted under the provisions of Texas Civil Statutes, Article 4552, sec.1.03 and sec.2.14. The Texas Optometry Board interprets sec.1.03 as authorizing therapeutic optometrists to utilize cocaine eye drops for diagnostic purposes. The Board interprets sec.2.14 as authorizing the Board to adopt substantive and procedural rules for the regulation of the profession of optometry. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 17, 1996. TRD-9608659 Lois Ewald Executive Director Texas Optometry Board Effective date: July 8, 1996 Proposal publication date: May 3, 1996 For further information, please call: (512) 305-8500 TITLE 28. INSURANCE PART I. Texas Department of Insurance CHAPTER 5. Property and Casualty Insurance SUBCHAPTER E.Texas Catastrophe Property Insurance Association 28 TAC sec.5.4001 The Commissioner of Insurance adopts an amendment to 28 TAC sec.5.4001, the plan of operation of the Texas Catastrophe Property Insurance Association (TCPIA). The amendment was considered by the Commissioner of Insurance in a public hearing on June 5, 1996, Docket Number 2226, and is adopted without changes to the proposed text published in the March 29, 1996 issue of the Texas Register (21 TexReg 2525). Pursuant to the Catastrophe Property Insurance Pool Act (Article 21.49 of the Insurance Code), the TCPIA was created by the Texas legislature in 1971 and is composed of all property insurers authorized to transact property insurance in Texas. The purpose of the TCPIA is to provide windstorm and hail insurance coverage to residents in designated catastrophe areas who are unable to obtain such coverage in the voluntary market. Pursuant to Article 21.49 sec.5(b) of the Insurance Code, all members of the TCPIA shall participate in its writings, expenses, profits, and losses in the proportion that the net direct premiums of each member written in this state during the preceding calendar year bears to the aggregate net direct premiums written in this state by all members of the TCPIA, as furnished to the TCPIA by the Texas Department of Insurance (Department) after review of annual statements, other reports, and other statistics the Department shall deem necessary. The adopted amendment is necessary to require TCPIA member insurers to furnish directly to the TCPIA, at the same time as filed annually with the Department, a copy of the Exhibit of Premiums and Losses (Statutory Page 14 Data) for the State of Texas that is filed as part of the insurer's Texas Fire and Casualty Annual Statement Form 2. In this exhibit, each insurer provides the amount of its annual total direct premiums written for property insurance in Texas which is used by the TCPIA in determining individual insurers' percentage of participation in the TCPIA. The filing of this information with the TCPIA on or before March 1 of each year will enable the TCPIA to determine each member insurer's percentage of participation as soon as possible in the calendar year. Without the adoption of this amendment, the TCPIA has to wait each year for the Department to compile the data, and, as a result, encounters delays in receiving the information. This delayed receipt of the premium data, in turn, delays the TCPIA in calculating on a timely basis the annual percentage of participation for member companies, and thereby delays the TCPIA in providing member insurers with their percentage of participation until after June 1 of each year. TCPIA member insurers' compliance with the adopted amendment will result in the annual premium data being received by the TCPIA on a more timely basis and will enable the TCPIA to calculate the annual percentages of participation for member companies before the official opening of the hurricane season on June 1 of each year. Because the TCPIA will be able to provide these percentages of participation prior to June 1, companies will be able to make more timely marketing decisions for writing windstorm insurance on a voluntary basis. In addition, the determination of member companies' percentage of participation earlier in the year will assure more timely payments of assessments of member companies for payment of losses should a major hurricane occur. The adopted amendment adds a clause (v) to subsection (c)(2)(B) of the TCPIA plan of operation to provide that to assist the TCPIA in determining each member insurer's percentage of participation in the TCPIA as soon as possible in the calendar year, each member insurer shall furnish to the association on or before March 1 of each year a copy of its Exhibit of Premiums and Losses (Statutory Page 14 Data) for the State of Texas that is filed annually with the Department as part of the insurer's Texas Fire and Casualty Annual Statement Form 2. This exhibit contains annual statement data that formerly has been referred to as page 14 of the Fire and Casualty Form 2 Annual Statement. In this exhibit, each insurer provides the amount of its annual total direct premiums written for property insurance in Texas which is used by the TCPIA in determining individual insurers' percentage of participation in the TCPIA. The adopted amendment places an affirmative obligation on TCPIA member insurers to provide the required annual statement premium data to the TCPIA at the same time this data is filed with the Department. No comments were received regarding the adoption of the amendment. The amendment is adopted pursuant to the Insurance Code, Articles 21.49 and 1.03A, and the Government Code sec.sec.2001.004-2001.038. Pursuant to Article 21.49 sec.5(b) of the Insurance Code, all members of the TCPIA shall participate in its writings, expenses, profits, and losses in the proportion that the net direct premiums of each member written in this state during the preceding calendar year bears to the aggregate net direct premiums written in this state by all members of the TCPIA, as furnished to the TCPIA by the Department after review of annual statements, other reports, and other statistics the Department shall deem necessary. Article 21.49 sec.5(b) also provides that each member's participation in the TCPIA shall be determined annually in the manner provided in the plan of operation. Article 21.49, sec.5(c) of the Insurance Code provides that the Commissioner of Insurance by rule shall adopt the TCPIA plan of operation with the advice of the TCPIA board of directors. Section 5(f) of Article 21.49 provides that any interested person may petition the Commissioner to modify the plan of operation in accordance with the Administrative Procedure Act (Government Code, Title 10, Subtitle A, Chapter 2001). Article 21.49, sec.5, subsections (c) and (f), by their terms, delegate the foregoing authority to the State Board of Insurance. However, under Article 1.02 of the Insurance Code, a reference in the Insurance Code or another insurance law to the State Board of Insurance means the Commissioner of Insurance or the Texas Department of Insurance, as consistent with the respective powers and duties of the Commissioner and the Department under Article 1.02. Article 1.03A authorizes the Commissioner of Insurance to adopt rules and regulations, which must be for general and uniform application, for the conduct and execution of the duties and functions of the Texas Department of Insurance only as authorized by a statute. The Government Code sec.sec.2001.004-2001.038 (Administrative Procedure Act) authorize and require each state agency to adopt rules of practice stating the nature and requirements of available formal and informal procedures and prescribe the procedures for adoption of rules by a state agency. sec.5.4001Plan of Operation. (a)-(b) (No change.) (c) Financial Operation of the Association. (1) (No change.) (2) Assessment of members. (A) (No change.) (B) Amount of assessment. The board of directors shall determine which members of the association shall participate in any assessment for operating expenses and/or catastrophe losses. This determination shall be computed on a syndicate year basis rather than on a calendar year basis. The designated members of the association shall participate in any assessment levied in the proportion that the net direct premiums of such member written in this state during the preceding calendar year bears to the aggregate net direct premiums written in this state by all members of the association as furnished to the association by the Department after review of annual statements, other reports, and required statistics; provided, however, that if at the time of such assessment the Department has not furnished to the association information necessary to compute a member's participation during the preceding calendar year, then each member's participation shall be based upon information furnished to the association from the last calendar year in which such information is available and, upon obtaining the necessary information from the Department, the association shall reassess or refund to each member such amounts as are necessary to properly reflect such member's participation; provided, further, that a member shall be entitled to receive the following credit for insurance, similar to catastrophe insurance, written in such catastrophe area, except that in no event shall the final percentage of participation after application for credit for voluntary writings in the catastrophe area be less than 20% nor more than 190% of the company's percentage of statewide windstorm and hail premiums modified by applicable offset factors, nor more than 170% of the company's percentage of statewide windstorm and hail premium modified by applicable offset factors for policies with inception dates on and after January 1, 1984. (i)-(iv) (No change.) (v) To assist the association in determining each member insurer's percentage of participation as soon as possible in the calendar year, each member insurer shall furnish to the association on or before March 1 of each year a copy of its Exhibit of Premiums and Losses (Statutory Page 14 Data) for the State of Texas that is filed annually with the Department as part of the insurer's Texas Fire and Casualty Annual Statement Form 2. (C)-(E) (No change.) (3)-(4) (No change.) (d)-(f) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 18, 1996. TRD-9608788 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Earliest possible date of adoption: July 29, 1996 For further information, please call: (512) 463-6327 TITLE 40. SOCIAL SERVICES AND ASSISTANCE PART IV. Texas Department of Human Services CHAPTER 254.Operation of the Texas Department on Aging 40 TAC sec.254.7 The Texas Department on Aging adopts an amendment to sec.254.7, concerning advisory councils, relating to the Options for Independent Living Advisory Committee, without changes to the proposed text as published in the March 29, 1996, issue of the Texas Register (21 TexReg 2527). The purpose of the amendment is to clarify members' terms and dates of appointment. The amendments revised the procedure for the length of time and date of term expiration for members of the committee. Comments were received regarding the proposed amendment from one private individual, disagreeing that advisory council members should serve at the pleasure of the Board. Due to the fact that advisory councils are not required by state law, the agency believes it is appropriate for such councils to serve at the discretion of the Board. In addition, the same individual questioned whether the two-year term limit referred to only the Options for Independent Living Advisory Council or also included the Citizen's Advisory Council. After review, it was determined that the two-year term limits are referenced in paragraph (2) (C) and refers only to the Options for Independent Living Council. The amendment is adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1996. TRD-9608809 Mary Sapp Executive Director Texas Department on Aging Effective date: July 10, 1996 Proposal publication date: March 29, 1996 For further information, please call: (512) 444-2727 TITLE 43. TRANSPORTATION PART I. Texas Department of Transportation CHAPTER 1.Management Claim Procedure 43 TAC sec.1.68 The Texas Department of Transportation adopts the repeal of sec.1.68, concerning contract claim procedure, without changes to the proposed text as published in the April 12, 1996, issue of the Texas Register (21 TexReg 3157). The section is repealed to provide ease of access to all rules relating to contract management. Repeal of this section is necessary because the subject matter of this section falls within Chapter 9, Contract Management. The subject matter is reenacted in an amended form in new sec.9.2, which is being contemporaneously adopted. On April 29, 1996, the department conducted a public hearing on the proposed repeal. No written or oral comments were received. The repeal is adopted under Transportation Code, sec.201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 18, 1996. TRD-9608771 Bob Jackson Deputy General Counsel Texas Department of Transportation Effective date: July 9, 1996 Proposal publication date: April 12, 1996 For further information, please call: (512) 463-8630 CHAPTER 3.Finance Division 43 TAC sec.3.2 The Texas Department of Transportation adopts the repeal of sec.3.2, concerning prequalification of surety companies, without changes to the proposed text as published in the March 12, 1996, issue of the Texas Register (21 TexReg 2048). Insurance Code, Articles 6.16 and 7.19-1 establish prequalification and reinsurance requirements for surety companies. The repeal of sec.3.2 is necessary to remove duplicative regulation. A comment deadline of April 12, 1996, was published and no comments were received. The repeal is adopted under Transportation Code, sec.201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 18, 1996. TRD-9608770 Bob Jackson Deputy General Counsel Texas Department of Transportation Effective date: July 9, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 463-8630 CHAPTER 9.Contract Management SUBCHAPTER A.General 43 TAC sec.9.2 The Texas Department of Transportation adopts new sec.9.2, concerning contract claim procedure, without changes to the proposed text as published in the April 12, 1996, issue of the Texas Register (21 TexReg 3158). Section 9.2 sets forth the procedures to resolve disputes between the department and a contractor working under a highway improvement, professional services, consulting, or aviation contract. Adoption of this section is necessary to replace, in an amended form, the provisions of sec.1.68, concerning contract claim procedure. Section 1.68 is being contemporaneously repealed because the subject matter of this section falls within Chapter 9, Contract Management. Section 9.2 also adds aviation contractors to the claim procedure. Section 9.2 establishes definitions for the section and a contract claim committee or committees. This section provides that: if resolution of a contract claim is not reached with the department, the contractor should file a detailed report and request to be heard by the committee; the committee will secure detailed reports and recommendations from the department, and afford the contractor an opportunity for a meeting to informally discuss the disputed matter; and the committee will give written notice of the committee's proposed disposition of the claim to the contractor. If that disposition is acceptable, the contractor shall advise the committee chairman in writing within 20 days of the date such notice is received, and the chairman will forward the agreed disposition to the executive director for a final and binding order on the claim. If the contractor is dissatisfied with the proposal of the committee, the contractor may petition the executive director for a formal administrative hearing to litigate the claim pursuant to the provisions of sec.sec.1.21-1.61 of this title (relating to Contested Case Procedure). This section explains that the committee proceedings are not admissible for any purpose in a formal administrative hearing and requires the contractor to submit the petition within 20 days after notice of the committee's recommendation is received to prevent the recommendation from becoming final and barring further appeal. On April 29, 1996, the department conducted a public hearing on the new section. No written or oral comments were received. The new section is adopted under Transportation Code, sec.201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 18, 1996. TRD-9608769 Bob Jackson Deputy General Counsel Texas Department of Transportation Effective date: July 9, 1996 Proposal publication date: April 12, 1996 For further information, please call: (512) 463-8630 CHAPTER 21.Right of Way Utility Accommodation 43 TAC sec.21.56 The Texas Department of Transportation adopts new sec.21.56, concerning metric equivalents, without changes to the proposed text as published in the April 12, 1996, issue of the Texas Register (21 TexReg 3159). The Omnibus Trade and Competitiveness Act of 1988, Title 15, United States Code, sec.205(a) and (b) designate the metric system of measurement as the preferred system of weights and measures. New sec.21.56 will enable the department to utilize the metric system in its business process and project development. Section 21.56 provides that prior to October 1, 1996, all English units of measurement referenced in sec.sec.21.31- 21.55 of this title (relating to Utility Accommodations) may be converted to metric, and that on or after October 1, 1996, a utility company must submit its request for accommodation using the metric system of measurement provided in sec.21.56. On April 23, 1996, the department conducted a public hearing on the new section. No written or oral comments were received. The new section is adopted under Transportation Code, sec.201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 18, 1996. TRD-9608768 Bob Jackson Deputy General Counsel Texas Department of Transportation Effective date: July 9, 1996 Proposal publication date: April 12, 1996 For further information, please call: (512) 463-8630 CHAPTER 23.Travel Information SUBCHAPTER D.Memorandum of Understanding with the Texas Department of Commerce and the Texas Parks and Wildlife Department 43 TAC sec.sec.23.40-23.47 The Texas Department of Transportation adopts new sec.sec.23.40-23.47, concerning a Memorandum of Understanding (MOU) with the Texas Department of Commerce (Commerce) and the Texas Parks and Wildlife Department (TPWD), without changes to the text as published in the March 12, 1996, issue of the Texas Register (21 TexReg 2063). Government Code, sec.481.028 requires Commerce to enter into a MOU to cooperate in program planning and budgeting with any other agency involved in economic development. This includes entering into a MOU with the department and TPWD regarding each agencies' efforts to promote tourism. Section 481.028 further directs the agencies to adopt the MOU and all revisions by rule. Rider 33 to the department's appropriations for Fiscal Years 1996-1997 also requires that the three agencies enter into a MOU to coordinate state spending for travel and tourism promotion. New sec.23.40 designates the parties to the MOU. New sec.23.41 cites the statutory authority and responsibilities of the parties to promote Texas tourism. New sec.23.42 sets forth the agreement of the parties to cooperate on developing and promoting Texas as a premier travel destination through marketing, magazines, TOURTEX 2000, travel information centers, photo files, shows, research/information sharing, community profiles, community education/training, tourism business assistance, 1-800 numbers, fulfillment operation, and collateral materials. New sec.23.43 provides that the MOU is effective when executed and shall terminate on August 31, 1999, unless terminated earlier pursuant to sec.23.44 or unless extended by the mutual agreement. New sec.23.44 permits each agency to terminate the MOU. New sec.23.45 requires that any alteration, addition, or deletion to the MOU shall be made in writing. New sec.23.46 requires each agency to adopt the MOU as a rule. New sec.23.47 requires the MOU to be subject to the statutory authority of each agency, all other applicable laws, and appropriations. On April 2, 1996, the department held a public hearing to receive data, comments, views and testimony concerning proposed new sec.sec.23.40-23.47. Two individuals expressed approval of the content of the Memorandum of Understanding (MOU), and one of them suggested revisions to sec.23.42. The department received written comments from the Big Bend Area Travel Association expressing approval. The Texas Hotel & Motel Association expressed approval and had comments on several points in sec.23.42. One commenter suggested changing the language of sec.23.42(1)(A) to reflect that the tri-agency marketing group will do more than merely develop guidelines and policies for the state's marketing theme. One purpose of the tri-marketing group is to develop guidelines and policies to encourage the use of marketing themes in developing and promoting Texas as a premier travel destination. Section 23.42(1)(B) contains the broader mission statement of the tri-agency marketing group which is to guide and coordinate the statewide travel-related advertisements, promotions, media relations, and collateral pieces of the three agencies. One commenter suggested eliminating sec.23.42(1)(C), which relates to the current marketing theme, "Texas. It's Like a Whole Other Country." The commenter stated that the Memorandum of Understanding, as written, could restrict the three agencies from developing a new marketing theme before the terminus of the MOU in 1999. The mention of this theme in the MOU and the intent to develop a licensing agreement for it does not prohibit the tri-agency marketing group from developing a new theme within the confines of the existing MOU. The section allows the development of other themes in the state tourism program. Regardless of whether the theme changes, licensing arrangements need to be developed for the current theme. One commenter addressed the frequency of meetings between the magazine staffs of Texas Highways and Texas Parks and Wildlife and the media staff of the Texas Department of Commerce (Commerce), as described in sec.23.42(2). The commenter suggested that the language be changed from "meet at least twice a year" to "meet at least three times per year." Meeting twice a year is designated as the minimum standard for a large, formal meeting of these groups. The department expects that as these groups begin to work together, meetings will occur more frequently to address specific issues and projects. The department recognizes that interaction between the magazine and media staffs provides a significant opportunity for the three agencies to share resources. One commenter stated that the technology of TOURTEX 2000 in sec.23.42(3) is obsolete and the subsection referring to it should be rewritten. The subsection describes TOURTEX 2000 only as an electronic information system. That same system will continue to develop and change as TxDOT applies new technical enhancements to it. The language in this section does not limit the application of new technology and encourages the investigation of additional methods of marketing and other potential outlets for information such as the Internet. One commenter stated that the language in sec.23.42(5) is too vague to ensure the consolidation of the agencies' photo libraries. Consolidation has already started. Commerce has closed its photo library and has transferred its images to TxDOT. The TxDOT Photo Library, located at 3608 Jackson Avenue, is an ADA accessible location. At this time, the Texas Parks and Wildlife Department (TPWD) does not plan to consolidate its photo library into the TxDOT/Commerce library. At a minimum, TxDOT will pursue the possibility of obtaining quality duplicates of TPWD's slides for TPWD subjects which are not represented in the TxDOT/Commerce library. One commenter addressed sec.23.42(6), and asked if the agencies will have a contingency plan for "late breaking" trade show opportunities. Since all three agencies are appropriated funding by the state legislature, advance planning for budget is required prior to the legislative session. A trade show opportunity that could yield an increase in visitors to the state and in tourism revenue could warrant expending the funds necessary for participation. One commenter stated that state universities could conduct the tourism research discussed in sec.23.42(7). The University of Texas and Texas A & M University are often contracted for TxDOT research projects. More specifically, Texas A & M University recently completed a research study for the Travel and Information Division, and will soon embark on another. Further, the MOU does not indicate any specific sources for research. Each agency can independently conduct its research with any suitable private or public organization. One commenter said that the community training and education for tourism development addressed in sec.23.42(9)(A) should be handled by private sector organizations. The proposed sections do not contain limitations on outsourcing these education activities. One commenter objected to the content of sec.23.42(13)(E), in which each agency reserves the right to produce its own collateral materials when desired or appropriate. The department believes there will be instances in which a publication or collateral item is so specifically tailored to one of the agencies' subject areas that it would not be relevant to the tri-agency Travel Literature Unit. The new sections are adopted under Transportation Code, sec.201.101, which provides the Texas Transportation Commission with the authority to promulgate rules for the conduct of the work of the Texas Department of Transportation and Texas Civil Statutes; Government Code, sec.481.028, which directs that the MOU be adopted by rule; and Texas Civil Statutes, Article 6144e, which provides the Texas Transportation Commission with the authority to publish pamphlets, bulletins, maps, and documents to serve the motoring public and road users and to maintain and operate Travel Information Bureaus at the principal gateways to Texas to provide road information, travel guidance, and various descriptive materials designed to aid and assist the traveling public and stimulate travel to and within Texas. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 18, 1996. TRD-9608767 Bob Jackson Deputy General Counsel Texas Department of Transportation Effective date: July 9, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 463-8630 CHAPTER 28.Oversize and Overweight Vehicles and Loads SUBCHAPTER A.General Provisions 43 TAC sec.28.2 The Texas Department of Transportation adopts an amendment to sec.28.2, concerning definitions, with changes to the proposed text as published in the April 12, 1996, issue of the Texas Register (21 TexReg 3160). The amended section is necessary to ensure the department's proper administration of the laws concerning the issuance of permits for the movement of oversize and overweight loads. House Bill 2754, 74th Legislature, 1995, amended Texas Civil Statutes, Article 6701a-2, to include a definition for "portable building unit." Senate Bill 971, 74th Legislature, 1995, re-codifies the statutes relating to transportation to the Transportation Code. Amended sec.28.2 establishes the definitions as used in this subchapter. The amendments to this section include a new definition for "portable building unit," and the replacement of references to Texas Civil Statutes with the appropriate Transportation Code citations. A comment deadline of May 12, 1996, was published and no comments were received. However, the department is adding the definition of Motor Carrier Division to reflect the reorganization of the department. The amendment is adopted under Transportation Code, sec.201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically, Transportation Code, Chapter 623, which authorizes the department to carry out the provisions of those laws governing the issuance of oversize and overweight permits. sec.28.2.Definitions. The following words and terms, when used in this chapter, will have the following meanings, unless the context clearly indicates otherwise. Closeout - The procedure used by the MCD to terminate a permit, issued under Transportation Code, sec.623.142 or sec.623.192 that will not be renewed by the applicant. Foreign commercial vehicle annual registration - An annual registration permit issued by the department to foreign commercial vehicles under authority of Transportation Code, sec.502,353. Highway maintenance fee - A fee established by Transportation Code, sec.623.077, based on gross weight, and paid by the permittee when the permit is issued. Highway use factor - A mileage reduction figure used in the calculation of a permit fee for a permit issued under Transportation Code,sec.623.142 and sec.623.192. Load-restricted bridge - A bridge that is restricted by the commission, under the provisions of Transportation Code, sec.621.301, to a weight limit less than the maximum amount allowed by Transportation Code, sec.621.101. Load-restricted road - A road that is restricted by the commission, under the provisions of Transportation Code, sec.621.301, to a weight limit less than the maximum amount allowed by Transportation Code, sec.621.101. Machinery plate - A license plate issued under Transportation Code, sec.502.276, to a crane or oil well servicing unit. Motor Carrier Division (MCD) -The Motor Carrier Division of the department. One-trip registration - Temporary registration issued by the MCD on Form 1700, under Transportation Code, sec.502.354, to an unladen vehicle authorizing its operation on a state highway from a specific origin to a specific destination, along such intermediate points as may be set forth on Form 1700, for a period not longer than 15 days. Overdimension load - A crane, oil well servicing unit, vehicle, a combination of vehicles, vehicle and its load, or combination of vehicles and load that exceeds maximum legal width, height, length, or weight as set forth by Transportation Code, sec.622.951. Overheight - An overdimension load that exceeds the maximum height specified in Transportation Code, sec.621.207. Overlength - An overdimension load that exceeds the maximum length specified in Transportation Code, sec.621.203. Overweight - An overdimension load that exceeds the maximum weight specified in Transportation Code, sec.621.101. Overwidth - An overdimension load that exceeds the maximum width specified in Transportation Code, sec.621.201. Permit plate - A license plate issued under Transportation Code, sec.623.149, to a crane or an oil well servicing vehicle. Portable building unit - The pre-fabricated structural and other components incorporated and delivered by the manufacturer as a complete inspected unit with a distinct serial number whether in fully assembled, partially assembled or kit (unassembled) configuration when loaded for transport. Renewal application form - A form, supplied by the MCD to each permittee receiving a time permit issued under Transportation Code, sec.623.142 or sec.623.192, which must be completed and returned to the MCD whenever the permit is to be renewed or closed out. State highway system - A network of roads and highways as defined by Transportation Code, sec.221.001. Vehicle supervision fee - A fee required by Transportation Code, sec.623.078, paid by the permittee to the department, designed to recover the direct cost of providing safe transportation of a permit load exceeding 200,000 pounds gross weight over a state highway, including the cost for bridge structural analysis, monitoring the progress of the trip, and moving and replacing traffic control devices. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 18, 1996. TRD-9608766 Bob Jackson Deputy General Counsel Texas Department of Transportation Effective date: July 9, 1996 Proposal publication date: April 12, 1996 For further information, please call: (512) 463-8630