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 4. AGRICULTURE
PART I. Texas Department of Agriculture
CHAPTER 2.Enforcement Procedures
4 TAC sec.sec.2.l-2.6
The Texas Department of Agriculture (the department) adopts the repeal of 
sec.sec.2.1-2.6, concerning the department's field citation program, without 
changes to the proposed text as published in the July 5, 1996, issue of the 
Texas Register (21 TexReg 6119). The repeal is adopted without changes and will 
not be republished.
The repeal is adopted to eliminate the department's field citation program, 
which, to date, has not been implemented by the department. The department has 
determined that the present enforcement system better serves the purpose of 
efficient enforcement by the department. 
No comments were received on the repeal. 
The repeal is adopted under the Texas Agriculture Code, sec.12.020 and 
sec.76.1555 which provide the Texas Department of Agriculture with the authority 
to seek and assess administrative penalties for violations of the Texas 
Agriculture Code; and the Texas Government Code, sec.2001.004, which provides 
for the adoption of agency rules setting forth the nature and requirements of 
all formal and informal agency procedures.
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 August 6, 1996.
TRD-9611285
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: August 26, 1996
Proposal publication date: July 5, 1996
For further information, please call: (512) 463-7583

CHAPTER 8.Agricultural Hazard Communication Regulations
4 TAC sec.8.13
The Texas Department of Agriculture (the department), adopts an amendment to 
sec.8.13, concerning expiration provision, without changes to the proposed text 
as published in the July 5, 1996, issue of the Texas Register (21 TexReg 6119). 
The section is adopted without changes and will not be republished. The 
amendment changes the expiration date for Chapter 8 from August 31, 1996 to 
August 31, 2000. This amendment is made to provide a future date by which the 
department must review and amend, repeal or reaffirm the sections found in 
Chapter 8. 
No comments were received on the proposed amendment. 
The amendment is adopted under the Texas Agriculture Code, sec.125.014, which 
provides the Texas Department of Agriculture with the authority to adopt rules 
and administrative procedures necessary to carry out purposes of Chapter 125.
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 August 6, 1996.
TRD-9611286
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: August 26, 1996
Proposal publication date: July 5, 1996
For further information, please call: (512) 463-7583

CHAPTER 11.Herbicide Regulations
4 TAC sec.sec.11.1-11.8, 11.10, 11.11
The Texas Department of Agriculture (the department) adopts amendments to 
sec.sec.11.1-11.8, 11.10, and 11.11, concerning herbicide regulations with 
changes to the proposed text as published in the July 5, 1996, issue of the 
Texas Register (21 TexReg 6120). Section 11.2 is adopted with changes. Sections 
11.1, 11.3-11.8 and 11.10-11.11 are adopted without changes and will not be 
republished. The amendments are adopted to make the sections consistent with 
changes made by the Texas Legislature during the Sunset process of the 
department. Other changes have been made to update citations and terminology and 
to clarify existing regulations. Section 11.2(o) has been changed by the 
department to make that section consistent with the special provisions for 
Dickens County adopted by the Dickens County Commissioners Court. 
The amendments to sec.11.1 delete three counties from this section and add two 
due to those county commissioner courts' actions in accordance with these 
regulations. The amendments to sec.11.2 change the specific regulations for 
Collingsworth, Dickens and Hunt Counties in accordance with these regulations 
and Chapter 75. Special provisions are added to this section for Archer County, 
and deleted for Cottle, Karnes and Swisher Counties. The amendments to sec.11.5 
specify how dealers will record distribution of regulated herbicides to 
nonlicensed persons. Amendments to sec.11.6 allow the department discretion  in 
requiring supplemental reporting for applications of regulated herbicides 
applied under the terms of the permit. The amendment to sec.11.7 deletes 
subsections (d) and (e) regarding commercial applicator equipment, since the 
requirements for commercial applicator equipment is addressed in the Texas 
Pesticide regulations. 
No public comments were received on the proposed amendments. 
The amendments are adopted under the Texas Agriculture Code, sec.12.016, which 
provides the Texas Department of Agriculture with the authority to adopt rules 
for carrying out the provisions of the Texas Agriculture Code; and sec.75.017 
which provides the department with the authority to consider and adopt rules on 
a request for revision of a rule, an exemption from a requirement of Chapter 75, 
or prohibition of the spraying of a regulated herbicide in an area.

sec.11.2.County Special Provisions.
(a) (No change.) 
(b) Archer. The use of 2,4-D ester is prohibited for the period beginning May 1 
and ending September 15th of each year. 
(c) Austin. 
(1) Only that portion of Austin County lying east and south of the line 
beginning at the point where State Highway 36 crosses the north county line, 
thence southerly along Highway 36 to FM 949; thence westwardly along FM 949 to 
the San Bernard River is regulated by the Texas Agriculture Code (the Code), 
Chapter 75, as amended, and regulations adopted thereunder.
(2) Between March 15th and July 31st, in that portion of Austin County lying 
south of Interstate Highway 10, the following restrictions on the use of 2,4-D 
formulations shall apply: 
(A) the application by aircraft is prohibited; 
(B) the use of all ester formulations by any method is prohibited.
(d) Bailey. 
(1) For the period beginning on October 1 of one calendar year through May 1 of 
the following calendar year, no permit will be required for the use of the 
regulated herbicides in that part of Bailey County defined by the following 
landmarks: south of Highway 746 from Texas/New Mexico state line extending east 
to Highway 214; then south on Highway 214 to the intersection of Highway 214 and 
Highway 746; then proceeding east on Highway 746 to the Bailey/Lamb County Line. 
(2) Aerial application of regulated herbicides is prohibited in the area 
described in this subsection during the regulated period. 
(3) For the period beginning on October 1 of one calendar year through April 15 
of the following calendar year, no permit will be required for the use of 
regulated herbicides in that part of Bailey County defined by the following 
landmarks: north of 746 from Texas/New Mexico state line extending east to 
Highway 214, then south on Highway 214 to the intersection of Highway 214 and 
Highway 746; then proceeding east on Highway 746 to the Bailey/Lamb County line. 
(4) Except as provided in these subsections, the aerial application of regulated 
herbicides is prohibited except that the aerial application of dicamba is 
allowed in the area described in this subsection during the regulated period. 
The aerial application of regulated herbicides may be used during the regulated 
periods provided the user obtains a permit from the Texas Department of 
Agriculture (the department) prior to use.
(e) Brazoria. 
(1) For that portion of Brazoria County both north of State Highway 35 and west 
of Highway 288, the aerial application of all formulations of 2,4-D is 
prohibited between March 10 and September 15 of each year. 
(2) In no case shall 2, 4-D be used to treat any area that is nearer than two 
miles to any susceptible crop. 
(3) For that portion of Brazoria County not included in paragraph (1) of this 
subsection, the aerial application of regulated herbicides is prohibited between 
March 25th and August 1st of each year. 
(4) The use of high volatile herbicides is prohibited.
(5) Brazoria, Calhoun, Fort Bend, Jackson, Matagorda, and Wharton Counties, for 
purposes of this subsection, are considered as one unit, and paragraphs (1) and 
(3) of this subsection are not to be changed without a public hearing for the 
unit as a whole. 
(f) Brazos. That portion of Brazos County lying east of the Brazos River and 
west of the following described line shall be regulated by the Code, Chapter 75, 
as amended, and regulations adopted thereunder. The eastern boundary of the 
regulated area is as follows: 
(1) beginning at the intersection of State Highway Number 6 and Old San Antonio 
Road (OSR), which point is on the north boundary line of Brazos County; thence 
in a southwesterly direction along OSR to its intersection with an unnamed 
gravel road approximately one mile north of FM 1687; thence easterly along FM 
1687 to its intersection with a gravel road known as Stasny Road; thence 
southwesterly along Stasny Road to a 90 degree turn and continuing in a 
southeasterly direction to its intersection with State Highway 21 West; thence 
along Highway 21 in a westerly direction to its intersection with Jones Road; 
thence in a southeasterly direction along Jones Road to its intersection with FM 
60; thence northeast along FM 60 to its intersection with the southwest property 
line of Easterwood Airport; thence southeast along the southwest line of 
Easterwood Airport to the most southerly corner of the airport property; thence 
in an easterly direction along the most direct line to the closest point on 
Dowling Road; thence northeast along Dowling Road to its intersection with an 
unnamed gravel road extending from Dowling Road to the town of Wellborn; thence 
southeast along said unnamed gravel road to its intersection with FM 2154 at the 
town of Wellborn; thence generally south and southeast along FM 2154 to its 
intersection with State Highway 6; thence southeast along  State Highway 6 to 
its intersection with the Navasota River, which is the southern boundary of 
Brazos County; 
(2) that portion of Brazos County lying east of the line described in paragraph 
(1) of this subsection shall be exempt from the Code, Chapter 75, as amended, 
and regulations adopted thereunder. 
(g) Briscoe. 
(1) The aerial application of regulated herbicides shall be prohibited from May 
1 through September 1 of each year in that portion of Briscoe County that lies 
above the Caprock Escarpment, such area to be designated as Zone 1. 
(2) The aerial application of regulated herbicides will be allowed in Zone 1 
between September 2 and October 1 of each year with the requirement of a permit. 
(3) The aerial application of regulated herbicides shall be prohibited from May 
1 through October 1 of each year in that portion of Briscoe County that lies 
below the Caprock Escarpment, such area to be designated as Zone 2. 
(4) Only 2,4-D amine and dicamba may be applied by ground applications with the 
requirement of a permit. 
(5) No permit is required for the application of regulated herbicides from 
October 2 through April 30 of the following year. 
(h) Burleson. 
(1) The application of regulated herbicides by aircraft in Burleson County is 
prohibited. In no case shall regulated herbicides be used to treat any area that 
is nearer than two miles to any susceptible crops.  
(2) Between April 1 and September 15 of each year, the following restrictions on 
the use of 2,4-D formulations shall apply. 
(A) Only amine formulations may be used with a boom-type sprayer for ground 
applications in that area beginning at Milam County line; thence south along FM 
Road 1362 to FM Road 166; thence east to FM Road 2039; thence south to FM 60; 
thence west on FM 60 to Davidson Creek; thence south along Davidson Creek to 
Washington County line to Brazos River; thence north along Brazos County line to 
Milam County line, the place of the beginning. 
(B) Cluster nozzles are prohibited in the area designated in subparagraph (A) of 
this subsection. 
(i) Calhoun. 
(1) The aerial application of all formulations of 2,4-D is prohibited between 
March 10 and September 15 of each year. 
(2) No permit is required for spraying regulated herbicides during the months of 
January and February of each year. 
(3) Brazoria, Calhoun, Fort Bend, Jackson, Matagorda and Wharton Counties, for 
purposes of this subsection, are considered as one unit and paragraph (1) of 
this subsection is not to be changed without a public hearing for the unit as a 
whole. 
(j) Cochran. 
(1) The use of 2,4-D ester is prohibited for the period beginning April 25 and 
ending October 15 of each year. 
(2) The aerial application of all regulated herbicides is prohibited for the 
period beginning April 25 and ending October 15 of each year. 
(3) A permit for application of all regulated herbicides is required for the 
period beginning January 1 and ending on December 31 of each year. 
(k) Collingsworth. 
(1) The aerial application of regulated herbicides is allowed with the 
requirement of a permit between the dates of November 1 of one calendar year and 
April 15 of the following calendar year. 
(2) Ground and aerial applications of regulated herbicides will be allowed with 
the requirement of a permit throughout the year in the northeast part of the 
county, identified with physical boundaries north of the Salt Fork of the Red 
River and east of U.S. Highway 83. 
(3) Ground applications of 2,4-D amine will be allowed with the requirement for 
a permit throughout the county between the dates of April 16 and October 30 of 
each year. 
(l)-(n) (No change.)
(o) Dickens.
(1) (No change.)
(2) The application of all regulated herbicides, with the exception of dicamba, 
is prohibited during the period beginning June 11 and ending August 31 of each 
year. 
(3) This subsection applies only to that portion of Dickens County that lies 
below the caprock escarpment. 
(p)-(y) (No change.)
(z) Hunt.
(1) The aerial application of regulated herbicides shall be prohibited from 
April 15 through September 1 of each year. 
(2) No permit is required for the application of regulated herbicides from 
September 1 of one calendar year through April 15 of the following calendar 
year. 
(aa) Jackson. 
(1) The aerial application of all formulations of 2,4-D is prohibited between 
March 10 and September 15 of each year. 
(2) No permit is required for the application of regulated herbicides during the 
months of January and February of each year. 
(3) Brazoria, Calhoun, Fort Bend, Jackson, Matagorda, and Wharton Counties, for 
purposes of this subsection, are considered one unit and paragraph (1) of this 
subsection is not to be changed without a public hearing for the unit as a 
whole. 
(bb)-(mm) (No change.)
(nn) Wharton. 
(1) The aerial application of all formulations of 2,4-D is prohibited in that 
portion of Wharton County east of the Colorado River between March 10 and 
September 15 of each year. 
(2) The application of all formulations of 2,4-D by any method is prohibited 
during the period beginning March 10 and ending October 1 of each year, in that 
portion of Wharton County lying west of the Colorado River. 
(3) The use of high volatile herbicides is prohibited.
(4) In no case shall 2,4-D be used to treat any area that is nearer than two 
miles to any susceptible crop. 
(5) Brazoria, Calhoun, Fort Bend, Jackson, Matagorda, and Wharton Counties, for 
purposes of this subsection, are considered as one unit, and paragraph (1) of 
this subsection is not to be changed without a public hearing for the unit as a 
whole. 
(oo) Wilbarger. 
(1) No permit is required for the application of regulated herbicides during the 
period of September 16 to May 9 of the following calendar year. 
(2) The application of the following regulated herbicides is prohibited during 
the regulated period beginning May 10 and ending September 15 of each year: 
(A) 2,4,5-Trichlorophenoxyacetic Acid (2,4,5-T); 
(B) Ester formulations of 2,4-Dichlorophenoxyacetic Acid (2,4-D); 
(C) 2-Methyl-4-Chlorophenoxyacetic Acid (MCPA); 
(3) The aerial application of polychlorinated benzoic acids and 2,4-D amine is 
prohibited during the regulated period except during the period of May 10 and 
ending May 20 of each year. Ground applications of polychlorinated benzoic acids 
and 2,4-D Amine may be made during the regulated period with the requirement of 
a permit. 
(4) Research conducted by the Texas A&M University System under the auspices of 
brush and weed control, using all regulated herbicides, will be allowed during 
the regulated period. Aerial applications must provide a buffer zone of at least 
five statute miles from any susceptible crops, and wind velocity must not exceed 
10 mph during application. Research will be allowed during the period beginning 
May 15 and ending September 15 of each year. The department shall be notified 
before the commencement of such research projects. 
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 August 6, 1996.
TRD-9611288
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: August 26, 1996
Proposal publication date: July 5, 1996
For further information, please call: (512) 463-7583

CHAPTER 18.Organic Standards and Certification
4 TAC sec.18.18
The Texas Department of Agriculture (the department), adopts an amendment to 
sec.18.18, concerning expiration provision, without changes to the proposed text 
as published in the July 5, 1996, issue of the Texas Register (21 TexReg 6124). 
The amendment is adopted without changes and will not be republished. The 
amendment changes the expiration date for Chapter 18 from August 31, 1996 to 
August 31, 2000. The amendment is made to provide a future date by which the 
department must review and amend, repeal or reaffirm the sections found in 
Chapter 18.
No comments were received regarding adoption of the amendment. 
The amendment is adopted under the Texas Agriculture Code, sec.18.002, which 
provides the Texas Department of Agriculture with the authority to adopt rules 
as necessary for administration of the Code and Chapter 18.
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 August 6, 1996.
TRD-9611287
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: August 26, 1996
Proposal publication date: July 5, 1996
For further information, please call: (512) 463-7583

TITLE 16. ECONOMIC REGULATION
PART III. Texas Alcoholic Beverage Commission
CHAPTER 33.Licensing
SUBCHAPTER 
Conflicts of Interest
16 TAC sec.33.41
The Texas Alcoholic Beverage Commission adopts new sec.33.41, concerning 
conflicts of interest between members of the alcoholic beverage industry. The 
rule is adopted with changes to the text as published in the June 18, 1996, 
issue of the Texas Register (21 TexReg 5513). 
The new rule defines the term "financial interest", as that term is used in 
sec.102.06 of the Alcoholic Beverage Code, to mean ownership in business or 
assets of a business. The commission determined that the term "financial 
interest" was ambiguous in that there is no specific statutory definition and 
because the term could be construed to mean only those enjoying ownership of a 
business entity, those employed by the business entity, or those engaged in 
financial transactions with the business entity. 
The commission concluded the definition adopted was more consistent with the 
commonly understood meaning of the term "financial interest" than were other 
more expansive definitions. Further, the commission concluded that a narrower 
definition would contradict the plain meaning of the statutory term while a more 
expansive definition would extend the statutory prohibition beyond its expressed 
or intended scope. 
The Alcoholic Beverage Code, sec.102.06 forbids certain permittees from being 
residentially domiciled with those who have a financial interest in certain 
other types of permits. This statute seeks to prevent a member of the alcoholic 
beverage industry from enjoying an unfair advantage over a competitor because of 
a personal or familial relationship. 
To construe "financial interest" to mean something more than ownership would 
extend the statute's prohibition to persons not involved in the area of 
competition addressed by the statute; for example, employees of a permittee that 
are not involved in buying and selling alcoholic beverages. If an unfair 
advantage is extended to a competitor because of a domestic relationship that is 
beyond the scope of this rule, that situation is more specifically addressed by 
several other prohibitory provisions of the Alcoholic Beverage Code. 
The Texas Package Stores Association, Glazer's Wholesale Drug Company, Richard's 
Fine Wines and HEB grocery stores were in favor of adoption of this rule. The 
American Beverage Company and Block Distributing Company were opposed to the 
adoption of the rule. Opponents to the rule noted that the proposed definition 
would allow connections to be made between different levels of the alcoholic 
beverage industry contrary to the principles of the three-tier system erected 
and maintained by the Alcoholic Beverage Code. Further, the proposed definition 
would subject members of the alcoholic beverage industry to unfair competition. 
For the reasons stated previously, the commission disagreed with these 
arguments. For example, it is not necessary to extend the statutory reach to 
include persons not involved in the purchase or sale of alcoholic beverages in 
order to protect the vitality of the three-tier system. Further, victims of 
unfair trade practices have recourse to several more applicable provisions of 
the Alcoholic Beverage Code. It was with a view toward addressing this concern 
that the commission amended the rule as proposed to add the last sentence. 
The new rule is adopted under the authority of the Alcoholic Beverage Code, 
sec.5.31. 
The Alcoholic Beverage Code, sec.102.06, is affected by this new rule. 

sec.33.41.Financial Interest. 
For the purposes of Alcoholic Beverage Code, sec.102.06, "a person who has a 
financial interest in a package store permit or wine only package store permit" 
shall mean one who holds an ownership interest in the business, or assets 
thereof, of a package store or wine only package store permittee. This rule 
shall not be construed as authorizing any unfair trade practice or 
discrimination in violation of the tied-house provisions of the Alcoholic 
Beverage Code.
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 August 5, 1996.
TRD-9611225
Doyne Bailey
Administrator
Texas Alcoholic Beverage Commission
Effective date: August 26, 1996
Proposal publication date: June 18, 1996
For further information, please call: (512) 206-3204

CHAPTER 35.Enforcement
Transportation of Liquor
16 TAC sec.35.5
The Texas Alcoholic Beverage Commission adopts new sec.35.5, concerning 
reporting requirements for holders of private carrier permits under the 
Alcoholic Beverage Code, Chapters 41 and 42 . The new rule is adopted with 
changes to the proposed text as published in the June 18, 1996, issue of the 
Texas Register (21 TexReg 5514). 
The new rule requires affected permittees to maintain a stated amount of 
insurance on each vehicle registered. Proof of such insurance shall be 
maintained with the agency. Each permittee must affirm to the agency that all 
motor carrier operations by that permittee will be conducted in accordance with 
relevant safety laws. The rule provides a procedure by which a permittee can be 
subject to administrative sanctions for failing to abide by such laws. 
The new rule increases the likelihood that motor carriers licensed under the 
Alcoholic Beverage Code will maintain adequate insurance and will comply with 
relevant state and federal safety laws. This goal is achieved by conditioning 
the issuance of a permit on providing proof of insurance to the agency and by 
providing administrative sanctions, including suspension or cancellation of the 
permit, for unsafe operators. 
The new rule was further adopted to qualify as a "comparable registration 
and...safety program" as that term is used in Texas Civil Statutes, Article 
6676(c), sec.2(3). The effect of such qualification is to release affected 
permittees from the obligation of complying with overlapping regulation by the 
Texas Alcoholic Beverage Commission and the Texas Department of Transportation. 
Such dual regulation unnecessarily raises the costs of governmental agencies and 
regulated businesses. 
No comments were received in opposition to the rule. The Licensed Beverage 
Distributors, Inc. were in favor of the rule. This organization suggested adding 
the second sentence of sec.35.5(b)(1) to the text of the rule as initially 
proposed. This amendment requires permittees to file certain forms with the 
commission. These forms allow the commission to be informed when the insurance 
of a permittee is cancelled. The commission agreed to adopt this amendment 
because it would enable the commission to maintain continual monitoring of the 
insurance status of regulated motor carriers. 
The Texas Department of Transportation suggested that the phrase "filed with the 
commission" be added to the second sentence of sec.35.5(b)(1). This amendment 
was adopted because it serves to clarify and strengthen the rule by plainly 
stating the requirement of filing. 
The new rule is proposed under the authority of the Alcoholic Beverage Code, 
sec.5.31.
The Alcoholic Beverage Code, sec.41.03, sec.41.04 and sec.42.03 are affected by 
this new rule.

sec.35.5.Private Carrier's Permit Safety Program. 
(a) Each holder of a private carrier's permit shall carry at least $500,000 of 
liability insurance and file proof of insurance with the commission for each 
vehicle registered. Such insurance must be sufficient to pay, not more than the 
amount of the insurance, for each final judgment against the permit holder 
(combined single limit) for bodily injury to or death of an individual per 
occurrence, and loss or damage to property (excluding cargo) per occurrence, or 
both. 
(b) Each holder of a private carrier's permit shall maintain proof of insurance 
in their permitted vehicles at all times. This proof shall be in the form 
prescribed by the commission and the Texas Department of Insurance in 
coordination with the Texas Department of Public Safety. 
(1) No insurance policy or certificate of insurance will be accepted by the 
commission unless issued by an insurance or surety company licensed and 
authorized to do business in the State of Texas. The commission adopts 
Department of Insurance "Form E" (Uniform Motor Carrier Bodily Injury and 
Property Damage Liability Certificate) and "Form K" (Uniform Notice of 
Cancellation of Motor Carrier Insurance Policies) for the purposes of this 
section (which forms have been prescribed and approved by the Department of 
Insurance). These forms must be filed with the commission and signed or 
countersigned by an authorized agent of the insurance or surety company. The 
commission will accept a certificate of insurance issued by a surplus lines 
insurer that meets the requirements of Insurance Code, Article 1.14-2 and rules 
adopted by the Department of Insurance under that article. 
(2) If the insurer or surety of a permittee subject to this rule becomes 
insolvent or becomes involved in a receivership or other insolvency proceeding, 
the permittee may apply for approval of a surety bond or insurance policy issued 
by another surety or insurer upon filing an affidavit with the commission. Such 
affidavit shall be executed by the permittee and show that: 
(A) no accidents or claims have occurred during the insolvency of the insurance 
carrier or surety; and 
(B) that all damages and claims have been satisfied; and 
(C) the commission shall notify the Texas Department of Public Safety of each 
notice received under this subsection. 
(c) Each holder of a private carrier's permit shall complete an affidavit 
stating that the permittee has knowledge of, and will conduct operations in 
accordance with, all federal and state safety regulations.
(d) The Department of Public Safety may request that the commission suspend or 
cancel a private carrier's permit if a permittee: 
(1) has an unsatisfactory safety rating under 49 Code of Federal Regulations, 
Part 385; or 
(2) has multiple violations of a provision of Texas Civil Statutes, Article 
6675d, a rule adopted under that article or the Uniform Act Regulating Traffic 
on Highways (Texas Civil Statutes, Article 6701d). A request for suspension or 
revocation under this subsection shall be submitted in writing by the executive 
director of the Texas Department of Public Safety, and shall include appropriate 
documentation evidencing the violation. The commission or administrator may 
suspend or cancel an original or renewal permit in response to such a request, 
after notice and hearing under the Alcoholic Beverage Code and the rules of the 
commission, pursuant to Alcoholic Beverage Code, sec.11.61(b)(7). 
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 August 5, 1996.
TRD-9611224
Doyne Bailey
Administrator
Texas Alcoholic Beverage Commission
Effective date: August 26, 1996
Proposal publication date: June 18, 1996
For further information, please call: (512) 206-3204

TITLE 25. HEALTH SERVICES
PART I. Texas Department of Health
CHAPTER 29.Purchased Health Services
SUBCHAPTER W.Chemical Dependency Treatment Facility Services 
25 TAC sec.29.2201
On behalf of the State Medicaid Director, the Texas Department of Health 
(department) submits an adopted amendment to sec.29.2201, concerning chemical 
dependency treatment facility services, without changes to proposed text as 
published in the April 16, 1996, issue of the Texas Register (21 TexReg 3311), 
and therefore the section will not be republished. 
The amendment updates and clarifies current department policy about the delivery 
of residential treatment services as a result of a new agreement for these 
services between the Texas Department of Protective and Regulatory Services 
(TDPRS) and the Texas Commission on Alcohol and Drug Abuse (TCADA). The 
amendment eliminates policy in department rules that references residential 
treatment services and terminates the former payment process for services 
delivered on or after January 1, 1996. Payments for outpatient individual and 
group counseling services, however, will continue to be processed by the 
department's agent. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under the Human Resources Code, sec.32.021 and Texas 
Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human 
Services Commission with the authority to adopt rules to administer the state's 
medical assistance program and is submitted by the Texas Department of Health 
under its agreement with the Health and Human Services Commission to operate the 
purchased health services program and authorized under Chapter 15, sec.1.07, 
Acts of the 72nd Legislature, First Called Session  (1991). 
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 August 6, 1996.
TRD-9611269
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: August 27, 1996
Proposal publication date: April 16, 1996
For further information, please call: (512) 458-7236