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 6.Cotton Pest Control 4 TAC sec.sec.6.1-6.10 The Texas Department of Agriculture (the department) adopts the repeal of sec.sec.6.1-6.10, concerning cotton pest control, without changes to the proposed text as published in the June 21, 1996, issue of the Texas Register (21 TexReg 5657). The repeals are adopted in order to allow the department to relocate these sections as part of its reorganization of the regulatory rules; to clarify existing language in the current regulations; to eliminate duplication of quarantine provisions; and to provide additional information to the public regarding procedures to follow in complying with the regulations. The department is proposing new sec.sec.20.1-20.4, 20.10, 20.13, 20.14, and 20.20-20.22 to replace these sections. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Agriculture Code, sec.74.006, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for the efficient enforcement and administration of the Cotton Pest Law; sec.71.007, which authorizes the department to adopt rules necessary for the protection of agricultural and horticultural interests; and the Texas Agriculture Code, Chapter 71, Subchapter A, which authorizes inspections, quarantines, and control and eradication zones for dangerous insect pests. 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 12, 1996. TRD-9611679 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: June 21, 1996 For further information, please call: (512) 463-7583 CHAPTER 10.Citrus 4 TAC sec.sec.10.1-10.6 The Texas Department of Agriculture (the department) adopts the repeal of sec.sec.10.1-10.6, concerning citrus maturity standards without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6338). These sections are adopted to allow the department to relocate these sections from Chapter 10 to Chapter 21 as part of the reorganization of its regulatory rules. The repeals are further adopted to clarify existing language in the current regulations and to eliminate duplicate language. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Agriculture Code, sec.94.003, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary to establish citrus quality standards. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 12, 1996. TRD-9611680 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 CHAPTER 10.Seed Certification Standards The State Seed and Plant Board (the board) and the Texas Department of Agriculture (the department) adopts new sec.sec.10.1-10.31, concerning the administration of the Seed and Plant Certification Act, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6339). The new sections are adopted to create and make available a source of seeds and plant material so grown and distributed as to insure genetic purity and identity. Certified seed must meet reasonable standards of genetic purity as established by the State Seed and Plant Board. The department is the certifying agency for administration of the Seed and Plant Certification Act. The Commissioner of Agriculture is charged with duties of administering rules and regulations relative to the enforcement of the act, the appointment of inspectors, collection of fees, issuance of labels and the actual enforcement of the law and regulations promulgated by the Board. These sections were relocated from Chapter 21 of this title as part of the department's reorganization of it's regulatory rules. The new sections provide definitions to be used in Chapter 10, eligibility requirements for interagency certification, standards and procedures for certification, procedures and fees for seed testing and labeling and sale of seed in bulk, requirements for field inspections, fees for acreage inspection, requirements for laboratory analysis, standards for genetic seed certification, additional requirements for certification of certain crops, standards for certification of vegetatively propagated pasture grass, turfgrass and forest reproductive material, and an expiration provision for Chapter 10. No comments were received regarding adoption of the new sections. General Requirements 4 TAC sec.sec.10.1-10.11 The new sections are adopted under the Texas Agriculture Code (the Code), sec.62.004 and sec.62.005, which provides the State Seed and Plant Board with the authority to establish standards of genetic purity and identity and procedures for certification and adopt rules for the production and handling of certified seed and plants by the licensed producers: the Code, sec.12.016, which provides the department with the authority to adopt rules for administration of the code; the Code, sec.62.005, which provides the department with the authority to charge a fee for the licensing of seed producers; and, the Code, sec.62.008, which provides the department with the authority to fix and collect a fee for the certification of seed or seed plants. 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 12, 1996. TRD-9611681 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Field Inspection Chart 4 TAC sec.10.12 The new section is adopted under the Texas Agriculture Code (the Code), sec.62.004 and sec.62.005, which provides the State Seed and Plant Board with the authority to establish standards of genetic purity and identity and procedures for certification and adopt rules for the production and handling of certified seed and plants by licensed producers; and, the Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules for administration of the 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 12, 1996. TRD-9611682 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Acreage Inspection Fees for Certification 4 TAC sec.10.13 The new section is adopted under the Texas Agriculture Code (the Code), sec.62.004 and sec.62.005, which provides the State Seed and Plant Board with the authority to establish standards of genetic purity and identity and procedures for certification of seed; and, the Code, sec.62.008 which provides the Texas Department of Agriculture with the authority to fix and collect a fee for the certification of seed or seed plants. 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 12, 1996. TRD-9611683 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Laboratory Analysis Chart 4 TAC sec.10.14 The new section is adopted under the Texas Agriculture Code (the Code), sec.62.004 and sec.62.005, which provides the State Seed and Plant Board with the authority to establish standards of genetic purity and identity and procedures for seed certification; and, the Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules for administration of the 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 12, 1996. TRD-9611684 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Genetic Seed Chart 4 TAC sec.10.15 The new section is adopted under the Texas Agriculture Code (the Code), sec.62.004 and sec.62.005, which provides the State Seed and Plant Board with the authority to establish standards of genetic purity and identity; and, the Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules for administration of the 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 12, 1996. TRD-9611685 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Additional Requirements for the Certification of Certain Crops 4 TAC sec.sec.10.16-10.22 The new sections are adopted under the Texas Agriculture Code (the Code), sec.62.004 and sec.62.005, which provides the State Seed and Plant Board with the authority to establish standards of genetic purity and identity and procedures for certification of seed and adopt rules for the production and handling of certified seed and plants by licensed producers; the Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules for administration of the Code; and, the Code, sec.62.008, which provides the department with the authority to fix and collect a fee for the certification of seed or seed plants. 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 12, 1996. TRD-9611686 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Vegetatively Propagated Pasture Grass and Turfgrass (Bermudagrass, St. Augustine, Zoyziagrass, Buffalograss) 4 TAC sec.sec.10.23-10.28 The new sections are adopted under the Texas Agriculture Code (the Code), sec.62.004 and sec.62.005, which provides the State Seed and Plant Board with the authority to establish standards of genetic purity and procedures for the certification of seed and adopt rules for the production and handling of certified seed and plants by licensed producers; the Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules to administer the Code; and, the Code, sec.62.008, which provides the department with the authority to fix and collect a fee for the certification of seed or seed plants. 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 12, 1996. TRD-9611687 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Forest Reproductive Material 4 TAC sec.10.29, sec.10.30 The new sections are adopted under the Texas Agriculture Code (the Code), sec.62.004 and sec.62.005, which provides the State Seed and Plant Board with the authority to establish standards of genetic purity and identity and procedures for certification of seed and adopt rules for the production and handling of certified seed and plants by licensed producers; the Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules for administration of the Code; and, the Code, sec.62.008, which provides the department with the authority to fix and collect a fee for the certification of seed or seed plants. 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 12, 1996. TRD-9611688 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Miscellaneous Provisions 4 TAC sec.10.31 The new section is adopted under the Texas Agriculture Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules for administration of the 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 12, 1996. TRD-9611689 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 CHAPTER 12.Weights and Measures SUBCHAPTER A.General Provisions 4 TAC sec.12.1, sec.12.2 The Texas Department of Agriculture (the department) adopts new sec.12.1 and sec.12.2, concerning general provisions, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6353). The new sections are being adopted in order to reflect an entirely new Chapter 12, concerning weights and measures. The new sections are adopted to standardize and simplify the weights and measures program authorized in the Texas Agriculture Code, Chapter 13. New sec.12.1 as adopted defines the terms used in the new subchapters. New sec.12.2 as adopted specifies the expiration provision for Chapter 12. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Agriculture Code, (the Code), sec.13.002, which provides the Texas Department of Agriculture with the authority to enforce the provisions of the Texas Agriculture Code, Chapter 13, concerning weights and measures; and the Code, sec.12.016, which provides the department with the authority to adopt rules necessary for administration of the 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 12, 1996. TRD-9611690 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 SUBCHAPTER B.Devices 4 TAC sec.sec.12.10-12.12 The Texas Department of Agriculture (the department) adopts new sec.sec.12.10- 12.12, concerning devices, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6354). The new sections are being adopted in order to reflect an entirely new Chapter 12, concerning weights and measures. The new sections are adopted to standardize and simplify the weights and measures program authorized in the Texas Agriculture Code, Chapter 13. New sec.12.10 as adopted addresses the adoption of standards. New sec.12.11 as adopted specifies the procedure for registration of devices. New sec.12.12 as adopted establishes the fees for this subchapter. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Agriculture Code, the Code, sec.13.002, which provides the Texas Department of Agriculture with the authority to enforce the provisions of the Texas Agriculture Code, Chapter 13, concerning weights and measures; the Code, sec.12.016, which provides the department with the authority to adopt rules to administer the Code; and the Code, sec.13.1151, which provides the department with the authority to charge annual registration fees for registration of certain measuring 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 August 12, 1996. TRD-9611691 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 SUBCHAPTER C.Packages and Price Verification 4 TAC sec.12.20, sec.12.21 The Texas Department of Agriculture (the department) adopts new sec.12.20 and sec.12.21, concerning packages and price verification, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6355). The new sections are being adopted in order to reflect an entirely new Chapter 12, concerning weights and measures. The new sections are adopted to standardize and simplify the weights and measures program authorized in the Texas Agriculture Code, Chapter 13. New sec.12.20 as adopted establishes the requirements for packaged commodities and other items. New sec.12.21 as adopted addresses the adoption of standards. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Agriculture Code, (the Code), sec.sec.13.002, which provides the Texas Department of Agriculture with the authority to enforce the provisions of the Texas Agriculture Code, Chapter 13, concerning weights and measures; the Code, sec.12.016, which provides the department with the authority to adopt rules necessary to administer the Code; and the Code, sec.13.021, which provides the department with the authority to adopt rules to establish standard weights and measures consistent with federal law. 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 12, 1996. TRD-9611692 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 SUBCHAPTER D.Metrology 4 TAC sec.12.30 The Texas Department of Agriculture (the department) adopts new sec.12.30, concerning metrology, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6356). The new section is being adopted in order to reflect an entirely new Chapter 12, concerning weights and measures. The new section is being adopted to standardize and simplify the weights and measures program authorized in the Texas Agriculture Code, Chapter 13. New sec.12.30 as adopted identifies the services provided by the department's metrology laboratories and establishes the fees for this subchapter. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Agriculture Code, the Code, sec.13.002, which provides the Texas Department of Agriculture with the authority to enforce the provisions of the Texas Agriculture Code, Chapter 13, concerning weights and measures; the Code, sec.12.016, which provides the department with the authority to adopt rules to administer the Code; and the Code, sec.13.115, which provides the department with the authority to set and charge fees for testing done by the department's metrology lab. 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 12, 1996. TRD-9611693 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 SUBCHAPTER E.Licensed Service Companies 4 TAC sec.sec.12.40-12.43 The Texas Department of Agriculture (the department) adopts new sec.sec.12.40- 12.43, concerning licensed service companies, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6356). The new sections are adopted in order to implement the new device testing program authorized in the Texas Agriculture Code, Chapter 13. The new sections are adopted to standardize and simplify the weights and measures program authorized in the Texas Agriculture Code, Chapter 13. New sec.12.40 as adopted specifies the requirements for obtaining a license under this subchapter. New sec.12.41 as adopted explains the application and renewal procedures. New sec.12.42 as adopted establishes the authority and responsibilities of licensed service companies. New sec.12.43 as adopted identifies the fee for each class of license. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Agriculture Code, the Code, sec.13.002, which provides the Texas Department of Agriculture with the authority to enforce the provisions of the Texas Agriculture Code, Chapter 13, concerning weights and measures; the Code, sec.12.016, which provides the department with the authority to adopt rules to administer the Code; and the Code, sec.13.1012, which provides the department with the authority to register service persons and establish annual registration fees. 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 12, 1996. TRD-9611694 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 SUBCHAPTER F.Licensed Inspection Companies 4 TAC sec.sec.12.50-12.53 The Texas Department of Agriculture (the department) adopts new sec.sec.12.50- 12.53, concerning licensed inspection companies, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6357). The new sections are adopted in order to implement the new device testing program authorized in the Texas Agriculture Code, Chapter 13, Subchapter H. Adoption of this section will standardize and simplify the weights and measures program authorized in the Texas Agriculture Code, Chapter 13. New sec.12.50 as adopted specifies the requirements for obtaining a license under this subchapter. New sec.12.51 as adopted explains the application and renewal procedures. New sec.12.52 as adopted establishes the authority and responsibilities of licensed inspection companies. New sec.12.53 as adopted identifies the fee for each class of license and an inspection fee limit. Comments were received questioning the provision which does not allow collection of fees for the first inspection of a LPG meter or ranch scale after a device is placed out-of-order, and the establishment of inspection fees for LPG meters or ranch scales. The registered technicians are required by statute not to collect a fee for the first inspection of a LPG meter or ranch scale after the device is placed out-of -order. This action is necessary to allow device owners the opportunity to repair their own devices, therefore no changes are made to the proposed rule. The department is also operating under a statutory mandate to establish fees for the LPG and ranch scale inspection program. The department has chosen to only establish fees for the inspection of LPG meters and ranch scales inspections, however, fees for parts, labor, and associated fees will be established by the marketplace. The new sections are adopted under the Texas Agriculture Code, the Code, sec.13.305 and sec.13.355, which provides the Texas Department of Agriculture with the authority to adopt rules for the issuance of a license to inspectors of LPG meters and ranch scales; the Code, sec.12.016, which provides the department with the authority to adopt rules to administer the Code; and the Code, sec.13.304 and sec.13.354, which provides the department with the authority to establish annual license fees. 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 12, 1996. TRD-9611695 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 SUBCHAPTER G.Registered Technicians 4 TAC sec.12.60, sec.12.61 The Texas Department of Agriculture (the department) adopts new sec.12.60 and sec.12.61, concerning registered technicians, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6359). The new sections are adopted in order to implement the new device testing program authorized in the Texas Agriculture Code, Chapter 13, Subchapter H. The new sections are adopted to standardize and simplify the weights and measures program authorized in the Texas Agriculture Code, Chapter 13. New sec.12.60 as adopted specifies the procedure and requirements for obtaining a registration under this subchapter and the examination fee. New sec.12.61 as adopted establishes the authority and responsibilities of registered technicians. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Agriculture Code, the Code, sec.13.305 and sec.13.355, which provides the Texas Department of Agriculture with the authority to adopt guidelines to allow a representative of a license holder to perform the functions of the license holder; the Code, sec.13.1012, which provides the Texas Department of Agriculture with the authority to register a person who installs and services devices; the Code, sec.12.016, which provides the department with the authority to adopt rules to administer the Code; and the Code, sec.13.304, sec.13.354, and sec.13.1012, which provides the department with the authority to administer license and registration fees. 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 12, 1996. TRD-9611696 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 SUBCHAPTER H.Public Weighers 4 TAC sec.sec.12.70-12.74 The Texas Department of Agriculture (the department) adopts new sec.sec.12.70- 12.74, concerning public weighers, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6360). The new sections are being adopted in order to reflect an entirely new Chapter 12, concerning weights and measures. The new sections are adopted to standardize and simplify the public weigher program authorized in the Texas Agriculture Code, Chapter 13, Subchapter E. New sec.12.70 as adopted establishes the requirement for public weighers. New sec.12.71 as adopted identifies the application procedure. New sec.12.72 as adopted specifies the bond requirement. New 12.73 as adopted defines the fees for public weighers. New sec.12.74 as adopted specifies the records requirement. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Agriculture Code, the Code, sec.13.002, which provides the Texas Department of Agriculture with the authority to enforce the provisions of the Texas Agriculture Code, Chapter 13, concerning weights and measures; the Code, sec.12.016, which provides the department with the authority to adopt rules to administer the Code; and the Code, sec.13.255, which provides the department with the authority to set and collect a fee for issuance of a certificate of authority. 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 12, 1996. TRD-9611697 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 CHAPTER 13.Grain Warehouse 4 TAC sec.sec.13.1-13.5 The Texas Department of Agriculture (the department) adopts new sec.sec.13.1- 13.5, concerning the administration of the Texas Public Grain Warehouse Law, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6361). The new sections are adopted in order to establish requirements for receiving, storing and handling of grain. The new sections clarify and modernize the regulations to standard practices in the grain industry and authorize the department to set license fees and inspection fees by rule for persons licensed under the Texas Public Grain Warehouse Law. No comments were received regarding the adoption of the new sections. The new sections are adopted under the Texas Agriculture Code, sec.14.003, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for the efficient enforcement and administration of the Texas Public Grain Warehouse Law; sec.14.005, which authorizes the department to collect license fees; and sec.14.014, which authorizes the department to collect inspection fees. 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 12, 1996. TRD-9611699 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 CHAPTER 13.Apiary Equipment Brands 4 TAC sec.13.10 The Texas Department of Agriculture (the department) adopts the repeal of sec.13.10, concerning expiration provision, without changes to the proposed text published in the July 12, 1996, issue of the Texas Register (21 TexReg 6363). The repeal is adopted to eliminate unnecessary regulations and to allow the department to relocate regulations to Chapter 13 from Chapter 15 of this title as part of the department's reorganization of its regulatory program rules. No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Agriculture Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules for administration of the Texas Agriculture 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 12, 1996. TRD-9611698 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 CHAPTER 14.Agricultural Protective Act 4 TAC sec.sec.14.1-14.4 The Texas Department of Agriculture (the department) adopts new sec.sec.14.1- 14.4, concerning the Agricultural Protective Act, without changes to the proposed text as published in the July, 12, 1996, issue of the Texas Register (21 TexReg 6363). The new sections are adopted in order to establish requirements for the handling and marketing of vegetables, handling and marketing of citrus fruit, and the Produce Recovery Fund (Fund). The new sections define words used in these sections, identify requirements for purchasing citrus fruit, sets fees for a license, identification card, registration, claim filing, and for persons licensed under the Produce Recovery Fund. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Agriculture Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules necessary for the administration of the Texas Agriculture Code, Chapters 101, 102, and 103, concerning the handling and marketing of Texas grown citrus fruit and vegetables, and the Produce Recovery Fund; sec.sec.101.006 and 102.006, which authorize the department to establish license and registration fees; sec.sec.101.010 and 102.010 which authorize the department to establish a fee for a buying or transporting agent; sec.103.005, which authorizes the department to establish a fee for filing a claim with the Produce Recovery Fund program; and sec.103.011 which authorizes the department to establish fees to be paid by licensees to the Produce Recovery Fund. 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 12, 1996. TRD-9611700 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 CHAPTER 15.Consumer Services Division Texas Weights and Measures 4 TAC sec.sec.15.1-15.6, 15.8, 15.9, 15.11-15.13 The Texas Department of Agriculture (the department) adopts the repeal of sec.sec.15.1-15.6, 15.8, 15.9, and 15.11-15.13, concerning introduction, definitions, technical requirements for commercial weighing and measuring devices, labeling-name and address, labeling-quantity, labeling-exemptions, declaration of identity and price, registration of servicemen and service agencies, registration of weighing and measuring devices, method of sale of retail petroleum fuels, and requirements for the inspection of the net contents of random weight and standard weight packages, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6364). The sections are repealed in order to reflect the adoption of an entirely new Chapter 12, concerning weights and measures. The repeals will eliminate unnecessary rule language and allow greater standardization of TDA's weights and measures program. The repeals also eliminates existing requirements concerning the inspection of packages and requirements concerning devices. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Agriculture Code, the Code, sec.13.002, which provides the Texas Department of Agriculture with the authority to enforce the provisions of the Texas Agriculture Code, Chapter 13, concerning weights and measures; and the Code, sec.12.016, which provides the department with the authority to adopt rules necessary for administration of the 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 13, 1996. TRD-9611727 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Metrology 4 TAC sec.sec.15.21, 15.22, 15.24, 15.25 The Texas Department of Agriculture (the department) adopts the repeal of sec.sec.15.21-15.22 and sec.sec.15.24-15.25, concerning introduction, definitions, registration, requirements for registered servicemen and tolerance specifications for reference standards and field standards, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6364). The sections are repealed in order to reflect the adoption of an entirely new Chapter 12, concerning weights and measures. The repeals will eliminate unnecessary rule language and allow greater standardization of TDA's weights and measures program. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Agriculture Code, the Code, sec.13.002, which provides the Texas Department of Agriculture with the authority to enforce the provisions of the Texas Agriculture Code, Chapter 13, concerning weights and measures; and the Code, sec. 12.016, which provides the department with the authority to adopt rules necessary for administration of the 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 13, 1996. TRD-9611701 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 4 TAC sec.15.23 The Texas Department of Agriculture (the department) adopts the repeal of sec.15.23, concerning registration and testing of antifreeze, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6365). The section is repealed in order to comply with statutory changes made by the 74th Legislature, Regular Session, 1995, in accordance with Senate Bill 372. The repeal of this section will eliminate unnecessary rule language and reduce state regulation. No comments were received regarding the repeal of this section. The repeal is adopted under the Texas Agriculture Code, the Code, sec.16.008, which provides the Texas Department of Agriculture with the authority to enforce the provisions of the Texas Agriculture Code, Chapter 16, concerning antifreeze regulations; and the Code, sec.12.016, which provides the department with the authority to adopt rules necessary for administration of the 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 12, 1996. TRD-9611702 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Texas Egg Law 4 TAC sec.sec.15.41-15.50, 15.53-15.56 The Texas Department of Agriculture (the department) adopts the repeal of sec.sec.15.41-15.50 and sec.sec.15.53-15.56 concerning the Texas Egg Law. The repeal is adopted without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6365). The repeal is adopted to allow for the adoption of new sections to clarify existing language in the current regulations and provide additional information to follow in complying with the regulations. The department is proposing new sec.sec.15.1-15.13 to replace the adopted repeal. No comments were received regarding the adoption of the repeal. The repeal is proposed under the Texas Agriculture Code, sec.132.003, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for the efficient enforcement and administration of the Texas Agriculture Code, Chapter 132 concerning regulation of egg quality. 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 12, 1996. TRD-9611703 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 3, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Texas Grain Warehouse 4 TAC sec.sec.15.71-15.74, 15.77, 15.78 The Texas Department of Agriculture (the department) adopts the repeal of sec.sec.15.71-15.74 and sec.sec.15.77-15.78, concerning bond, requirements for changing positions of warehouse grain, suspensions of warehouses with shortages of variances of 3.0% or more, assigned successor's agreement assuming outstanding liabilities, grain warehouse fees, regulation of expired warehouse receipts, without changes to the proposed text as published in the July 12, 1996 issue of the Texas Register (21 TexReg 6366). The repeal is adopted because the enabling legislation adequately describes the requirements for this program and new rules are proposed under sec.sec.13.1-13.5 for the Texas Public Grain Warehouse Law. No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Agriculture Code, sec.14.003, which provides the Texas Department of Agriculture with the authority to enforce the provisions of the Texas Agriculture Code, Chapter 14, Subchapter A, concerning the administration of the Public Grain Warehouse Law. 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 12, 1996. TRD-9611704 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Public Weighers 4 TAC sec.sec.15.141-15.146 The Texas Department of Agriculture (the department) adopts the repeal of sec.sec.15.141-15.146, concerning definitions, county public weighers, appointment of deputy public weighers, address sheet, bond, and revocation or suspension of the certificate of authority of a public weigher, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6367). The sections are repealed in order to reflect the adoption of an entirely new Chapter 12, concerning weights and measures. The repeal of the sections will eliminate unnecessary rule language and allow greater standardization of TDA's weights and measures program. No comments were received regarding the repeal of the sections. The repeals are adopted under the Texas Agriculture Code, the Code, sec.13.002, which provides the Texas Department of Agriculture with the authority to enforce the provisions of the Texas Agriculture Code, Chapter 13, concerning weights and measures; and the Code, sec.12.016, which provides the department with the authority to adopt rules necessary for administration of the 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 13, 1996. TRD-9611729 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Liquefied Petroleum Gas (LPG) Meters 4 TAC sec.sec.15.151-15.163 The Texas Department of Agriculture (the department) proposes the repeal of sec.sec.15.151-15.163, concerning definitions, licensed device testers, late fees, licensee representatives, equipment and standards, insurance requirements, authority and responsibilities of LPG meter testers, certification of standards and testing equipment, inspection, denial, suspension and revocation of licenses and registration, administrative penalty, civil penalty; injunction, and criminal penalty, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6367). The sections are repealed in order to reflect the adoption of an entirely new Chapter 12, concerning weights and measures. The repeal of the sections will eliminate unnecessary rule language and allow greater standardization of TDA's weights and measures program. No comments were received regarding the repeal of the sections. The repeals are adopted under the Texas Agriculture Code, the Code, sec.13.002, which provides the Texas Department of Agriculture with the authority to enforce the provisions of the Texas Agriculture Code, Chapter 13, concerning weights and measures; and the Code, sec. 12.016, which provides the department with the authority to adopt rules necessary for administration of the 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 13, 1996. TRD-9611730 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Ranch Scales 4 TAC sec.sec.15.171-15.183 The Texas Department of Agriculture (the department) adopts the repeal of sec.sec.15.171-15.183, concerning definitions, licensed ranch scale testers, late fees, licensee representatives, equipment and standards, insurance requirements, authority and responsibilities of ranch scale testers, certification of standards and testing equipment, inspection, denial, suspension and revocation of licenses and registration; administrative penalty, civil penalty; injunction, and criminal penalty, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6368). The sections are repealed in order to reflect the adoption of an entirely new Chapter 12, concerning weights and measures. The repeal of the sections will eliminate unnecessary rule language and allow greater standardization of TDA's weights and measures program. No comments were received regarding the repeal of the sections. The repeals are adopted under the Texas Agriculture Code, the Code, sec.13.002, which provides the Texas Department of Agriculture with the authority to enforce the provisions of the Texas Agriculture Code, Chapter 13, concerning weights and measures; and the Code, sec.12.016, which provides the department with the authority to adopt rules necessary for administration of the 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 13, 1996. TRD-9611731 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Miscellaneous Provisions 4 TAC sec.15.200 The Texas Department of Agriculture (the department) adopts the repeal of sec.15.200, concerning expiration provision, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6368). The section is repealed in order to reflect the adoption of new sections as part of the department's reorganization of its regulatory program rules. The repeal of the section will eliminate unnecessary rule language and allow greater standardization of TDA's regulatory programs. No comments were received regarding the repeal of the section. The repeal is adopted under the Texas Agriculture Code, (the Code) sec.sec.13.002, 14.003, 17.005, 96.002, and 132.003, which provides the Texas Department of Agriculture with the authority to enforce the provisions of the Texas Agriculture Code, Chapter 13, concerning weights and measures; the Code, Chapter 14, Subchapter A, concerning public grain warehouse law; the Code, Chapter 17, concerning alcohol fuels and fuel alcohol equipment; the Code, Chapter 96, concerning sampling of grain for grading purposes; the Code, Chapter 132, concerning Texas egg law; and the Code, sec.12.016, which provides the department with the authority to adopt rules necessary for administration of the 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 13, 1996. TRD-9611732 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 CHAPTER 15.Egg Law 4 TAC sec.sec.15.1-15.14 The Texas Department of Agriculture (the department) adopts new sec.sec.15.1- 15.14, concerning the Texas Egg Law, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6369). The new sections are adopted to establish requirements for storing, handling, and marketing of shell eggs. The new sections clarify and modernize the regulations to standard practices in the egg industry and authorize the department to set license fees and special fees by rule for persons licensed under the Texas Egg Law. The Texas Egg Council commented in favor of the adoption of the new sections. The new sections are adopted under the Texas Agriculture Code, sec.132.003, which provides the Texas Department of Agriculture with the authority to adopt rules necessary for the administration of the Texas Agriculture Code, Chapter 132, sec.132.026, sec.132.027, and sec.132.028 which provides the department with the authority to collect license fees, and sec.132.043, which provides the department with the authority to collect inspection fees or special fees from persons who first establish the grade, size, and classification of eggs offered for sale or sold in this state. 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 13, 1996. TRD-9611705 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 CHAPTER 16.Aquaculture 4 TAC sec.sec.16.1-16.4 The Texas Department of Agriculture (the department) adopts new sec.sec.16.1- 16.4, concerning aquaculture, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6373). The sections are adopted without changes and will not be republished. The new sections are being adopted in order to reflect the entirely new Chapter 16, concerning aquaculture. The new sections are adopted to standardize and simplify the aquaculture program authorized in the Texas Agriculture Code sec.sec.134.005. New sec.16.1 as adopted clarifies the requirements for the marketing of cultured redfish and speckles sea trout. New sec.16.2 as adopted explains the procedure to obtain a license. New sec.16.3 as adopted specifies the fees for a licensee under this chapter. New sec.16.4 as adopted establishes the expiration procedure for this chapter. No comments were received regarding the adoption of the new sections. The new sections are adopted under the Texas Agriculture Code, (the Code), sec.134.005, which provides the department with the authority to adopt rules to carry out an aquaculture program; the Code, sec.13.002, which provides the department with the authority to establish an aquaculture program provided by provisions of the Code, Chapter 134, concerning supervision, licensing and regulation of aquaculture operations in Texas; and the Code, sec.134.014, which provides the department with the authority to set and collect a fee for issuance if an aquaculture or fish farm vehicle license. 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 12, 1996. TRD-9611706 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 CHAPTER 17.Marketing and Development Division TAP, Taste of Texas, Vintage Texas, Texas Grown, and Naturally Texas Promotional Mark 4 TAC sec.sec.17.51-17.56 The Texas Department of Agriculture (the department), adopts amendments to sec.sec.17.51-17.56, concerning promotional marks, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6374). The sections are adopted without changes and will not be republished. The amendments are adopted in order to clarify existing rules, streamline the program rules and ensure consistency among the department's promotional marketing programs. The amendments incorporate the department's Naturally Texas program into this undesignated head, delete unnecessary definitions, add definitions related to the Naturally Texas program, clarify and streamline the application process for persons applying to use the department's promotional marks, and update legal citations found in the sections. No comments were received regarding adoption of the 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 administration of the Code, sec.12.0175, which provides that the department may set by rule and collect a fee for participation in a program to promote Texas grown product or products made from ingredients grown in Texas; and the Texas Government Code, sec.2001.004, which provides for the department to adopt rules of practice stating the nature and requirements of all available formal and informal 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 12, 1996. TRD-9611733 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Standards for "NATURALLY TEXAS" Products 4 TAC sec.sec.17.80-17.87 The Texas Department of Agriculture (the department), adopts the repeal of sec.sec.17.80-17.87, concerning standards for "NATURALLY TEXAS" products, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6377). The repeal is adopted without changes and will not be republished. The repeal is adopted in order to allow the department to streamline rules relating its promotional marketing programs by incorporating the standards for "NATURALLY TEXAS" products into rules for other programs. The repeal deletes sections concerning only the department's Naturally Texas program. These sections have been incorporated into sec.sec.17.51-17.56, relating to the departments promotional marketing marks. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Agriculture Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules for administration of the Code; and the Texas Government Code, sec.2001.004, which provides for the department to adopt rules of practice stating the nature and requirements of all available formal and informal 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 12, 1996. TRD-9611734 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Miscellaneous Provisions 4 TAC sec.17.200 The Texas Department of Agriculture (the department), adopts an amendment to sec.17.200, concerning expiration provision, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6377). The amendment is adopted without changes and will not be republished. The amendment is adopted to provide a future date by which the department must review and amend, repeal or reaffirm the sections found in Chapter 17. The amendment changes the expiration date for Chapter 17 from August 31, 1996, to August 31, 2000. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Agriculture Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules necessary for administration of the 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 12, 1996. TRD-9611735 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 CHAPTER 20.Cotton Pest Control SUBCHAPTER A.General Provisions 4 TAC sec.sec.20.1-20.4 The Texas Department of Agriculture (the department) adopts new sec.sec.20.1- 20.4, concerning cotton pest control, with changes to the proposed text as published in the June 21, 1996, issue of the Texas Register (21 TexReg 5657). Sections 20.1 and 20.2 are adopted with changes. Sections 20.3 and 20.4 are adopted without changes and will not be republished. The department is adopting new sec.sec.20.1-20.4 in order to clarify existing language in the current regulations and to provide additional information to the public regarding procedures to follow in complying with the regulations. These sections are being relocated from Chapter 6 of this title as a part of the department's reorganization of its regulatory rules. A definition for inspector was added to sec.20.1. The inspection fee in sec.20.2 was changed from $50 in the proposed rule to $25 in this adoption. The department is adopting new sec.20.1 to provide definitions for terms used in these regulations; sec.sec.20.2-20.3 to set fees, define violations, and clarify enforcement actions and penalties; and, sec.20.4, to establish an expiration provision. Comment were made questioning whether or not there would be any fiscal implications for state or local government as a result of subchapter A. This concern was clarified by stating that since subchapter A contains general provisions pertaining to both subchapters B and C, and since subchapter B does have fiscal implications, these also must be noted in the preamble of subchapter A. The department added a definition for inspector to sec.20.1 in order to clarify the term as it is used in these rules. In sec.20.2, the department has decided not to increase inspection fees at this time due to the economic hardship affecting producers throughout the state as a result of the current drought. Inspection fees will remain at $25. The new sections are adopted under the Texas Agriculture Code, sec.74.006, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for the efficient enforcement and administration of the Cotton Pest Law; sec.12.021, which authorizes the department to collect an inspection fee, as provided by department rule, for a phytosanitary certificate issued on agricultural products exported from this state; and sec.71.005, which authorizes the department to charge a fee as prescribed by department rule for an inspection required for the movement of plants into or out of a quarantined area. The new sections concerning quarantines are proposed under the Texas Agriculture Code, sec.74.010, which provides the Texas Department of Agriculture with the authority to regulate cotton pests and quarantines; sec.71.007, which provides the department with the authority to adopt rules necessary for the protection of agriculturual and horticultural interests, and the Texas Agriculture Code, Chapter 71, Subchapter A, which authorizes inspections, quarantines, and control and eradication zones for dangerous insect pests. sec.20.1.Definitions. In addition to the definitions set out in the Texas Agriculture Code and in the Texas Administrative Code the following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. Alternative method of destruction-Any means other than the specified method of cotton stalk destruction for a designated zone mentioned in sec.20.22 of this title (relating to Stalk Destruction Requirements). Certificate-A phytosanitary certificate issued by an inspector allowing the movement of plants or plant products, or a document issued by an inspector allowing the movement of equipment or vehicles. Certified Cotton Producer Organization-An organization approved and certified under the requirements established by the National Cotton Council. Cotton-All parts of cotton and wild cotton plants of the genera Gossypium and Thurberia, except cotton products. Cotton destruction date-The date established in this chapter for the destruction of cotton stalks. Cotton lint-All forms of raw ginned cotton except linters and gin waste. Cotton products-Seed cotton, cotton lint, linters, oil mill waste, gin waste, gin trash, cotton seed, cottonseed hulls, and all other forms of unmanufactured cotton fiber. Cotton seed-The seed of the cotton plant, separated from lint. Destroyed, or destruction-Killed by cutting or dislodging the roots, or by an alternative method which completely kills the leaves, stems, flowers, fruit, and roots of the plant. In zones with a shred and/or plow destruction requirement, shredded cotton will be considered destroyed. Eradicated area-An area declared by the commissioner of agriculture to be apparently free of either pink bollworm or boll weevil infestation. The commissioner may grant such a designation after a written recommendation is submitted to the department from the Texas Boll Weevil Eradication Foundation, the Director of the Texas Agricultural Extension Service, the Director of the Texas Agricultural Experiment Station, or the United States Department of Agriculture (USDA) which includes competent scientific documentation indicating the area is apparently free of infestation. Eradication area-A defined area in which an eradication program has been initiated. Gin motes-Short fragments of unmanufactured cotton fiber removed from lint cleaners after ginning cotton. Gin trash-All material produced during the cleaning and ginning of seed cotton, except lint, linters, cotton seed, and gin waste. Gin waste-All forms of unmanufactured waste cotton fiber resulting from the ginning of seed cotton, including gin motes. Inspector-An employee of the department, or the United States Department of Agriculture who is authorized to conduct inspections, or an individual designated by the commissioner of agriculture. Linters-Residual unmanufactured cotton fiber separated from cottonseed after the lint has been removed. Oil mill waste-Waste products, including linters, derived from the milling of cotton seed. Plow -To dislodge or sever the roots of plants in a manner which prevents further growth. Equipment used to accomplish this could include a stalk puller, any type of plow, or similar implement. Quarantined area-Any portion of the State of Texas which has been placed under quarantine by the department due to cotton pest(s) infestation. Quarantined articles-The following articles are quarantined: boll weevil; pink bollworm; cotton; cotton products; any means of transportation which have been used in conveying cotton products and any other item contaminated with cotton or cotton pests, including any equipment used in harvesting cotton. Baled cotton and manufactured cotton products are not quarantined articles. Regrowth cotton-Cotton that has not been completely destroyed in such a way as to absolutely prevent further growth. Seed cotton-All forms of unginned cotton from which the seed has not been separated. Stalk puller-An implement which dislodges the roots of cotton plants by pulling up the stalks. Standing stalks-Original, undestroyed cotton plants growing in a field before or after harvesting. Suppressed area-An area declared by the commissioner of agriculture in which the movement of quarantined articles presents a threat to the success of eradication of either pink bollworm or boll weevil. The commissioner may grant such a designation after a written recommendation is submitted to the department from the Texas Boll Weevil Eradication Foundation, the Director of the Texas Agricultural Extension Service, the Director of the Texas Agricultural Experiment Station, or the United States Department of Agriculture (USDA) which includes competent scientific documentation indicating that movement of quarantined articles into the area presents a threat to the success of eradication in an eradication area. Treatment-The act of eliminating possible cotton pest infestation(s) by means of cleaning, or fumigation in instances in which normal cleaning will not eliminate the infestation. Volunteer cotton-Cotton developing after the growing season from incidental seeds. sec.20.2.Inspection Fee. A fee of $25 shall be paid to the department for each inspection conducted for the issuance of a certificate or certificates under Subchapter B of this chapter (relating to Quarantine Requirements). 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 12, 1996. TRD-9611707 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 SUBCHAPTER B.Quarantine Requirements 4 TAC sec.sec.20.10, 20.13, 20.14 The Texas Department of Agriculture (the department) adopts new sec.sec.20.10, 20.13, and 20.14, concerning cotton pest control, without changes to the proposed text as published in the June 21, 1996, issue of the Texas Register (21 TexReg 5659). These new sections are being adopted in order to clarify existing language in the current regulations and to provide additional information to the public regarding procedures to follow in complying with the regulations. These sections are being relocated from Chapters 3 and 6 of this title as a part of the department's reorganization of its regulatory rules. The department is adopting new sec.20.10, 20.13, and 20.14 to define quarantined areas, outline restrictions on movement of quarantined articles and to clarify regulations pertaining to certificates required for movement of quarantined articles. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Agriculture Code, sec.74.006, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for the efficient enforcement and administration of the Cotton Pest Law; sec.74.010, which provides the department with the authority to regulate cotton pests and quarantines; sec.71.007, which provides the department with the authority to adopt rules necessary for the protection of agricultural and horticultural interests; and the Texas Agriculture Code, Chapter 71, Subchapter A, which authorizes inspections, quarantines, and control and eradication zones for dangerous insect pests. 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 12, 1996. TRD-9611708 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 SUBCHAPTER C.Stalk Destruction Program 4 TAC sec.sec.20.20-20.22 The Texas Department of Agriculture (the department) adopts new sec.sec.20.20- 20.22, concerning cotton pest control, with changes to the proposed text as published in the June 21, 1996, issue of the Texas Register (21 TexReg 5660). New sec.sec.20.20-20.22 are adopted in order to clarify existing language in the current regulations and to provide additional information to the public regarding procedures to follow in complying with the regulations. These sections are being relocated from Chapter 6 of this title as a part of the department's reorganization of its regulatory rules. Section 20.20 has been changed to list the counties alphabetically; the acreage figure in sec.20.21 (a)(5) has been changed to 100,001; the wording in sec.20.21 (b) has been changed by the department to provide more flexibility in the appointment of committee members; and sec.20.22 has been changed to specifically state the required tillage depth for Zones 9 and 10 and to eliminate the alternative method option of stalk destruction for these two zones. New sec.sec.20.20-20.22 establish pest management zones, establish procedures for appointment of producer advisory committees, and designate stalk destruction requirements. Comments received expressed the following concerns: sec.20.20 should alphabetize the county names in subsection(b)(13) in order to be consistent with the other zones. As noted, this change has been made to sec.20.20. Section 20.21 should list the acreage range correctly in subsection (a)(5) in order to have an accurate number of representatives. As noted, this change has been made to sec.20.21. Section 20.22 should have changes made to the figure in subsection (a) to address both individual and cotton producer advisory committee concerns, by adding specific requirements to till the soil to a depth of 2 inches or more in Zone 9 and 6 inches or more in Zone 10. This change has also been made. The previous requirement was for the soil to be tilled. The provision for alternative methods of destruction was eliminated for Zones 9 and 10, since the tillage requirement conflicts with destruction methods other than plowing. Also in sec.20.22, paragraphs (1) and (2) of subsection (b) were modified to coincide with the changes made in the figure. Additional text was added to stipulate that exceptions to the standard method of stalk destruction in Zone 10 will be considered by the cotton producer advisory committee on an individual basis. A comment was received regarding the denial of individual deadline extensions in Zone 1 for weather conditions and research. Based on the Zone 1 cotton producer advisory committee's request that individual deadline extensions not be allowed, the department decided to retain the proposed wording. The committee may recommend a blanket deadline extension for all or part of one or more counties if necessary because of widespread weather conditions. The new sections are adopted under the Texas Agriculture Code, sec.74.006, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for the efficient enforcement and administration of the Cotton Pest Law; and sec.71.007, which provides the department with the authority to adopt rules necessary for the protection of agricultural and horticultural interests; and Chapter 71, Subchapter A, which authorizes control and eradication zones for dangerous insect pests. sec.20.20.Pest Management Zones. (a) Establishment. The department may establish a geographical zone of all or part of one or more counties to control or prevent the spread of cotton pests. (1) A petition for establishment or change of zone boundaries of a pest management zone will be considered if submitted by: a certified cotton producer organization within the pest management zone; a County Extension Agriculture Committee; a county Farm Service Agency (FSA) Committee; an established agriculture business that is representative of the proposed pest management zone; or any other established business or non-profit organization as approved by the department. (2) A recommendation for change of a pest management zone's boundaries will also be considered by the department if approved by majority vote of the pest management zone's Cotton Producer Advisory Committee and so documented in the meeting minutes. (b) Zones. Established zones include the following counties: (1) Zone 1. Brooks, Cameron, Hidalgo, Jim Hogg, Starr, Willacy, Zapata and the southern part of Kenedy County encompassing the area below an east-west line through Katherine and Armstrong, Texas. (2) Zone 2, Area (1). Duval and Webb. (3) Zone 2, Area (2). Jim Wells, Kleberg, Nueces, and the northern portion of Kenedy County encompassing the area above an east-west line through Katherine and Armstrong, Texas. (4) Zone 2, Area (3). Aransas, San Patricio and south and east of U.S. Highway 59 in Bee and Live Oak. (5) Zone 2, Area (4). Calhoun, Goliad, LaSalle, McMullen, Refugio, Victoria and north and west of U.S. Highway 59 in Bee and Live Oak. (6) Zone 3, Area (1). Jackson, Matagorda and that portion of Wharton County west of the Colorado River. (7) Zone 3, Area (2). Austin, Brazoria, and Fort Bend and that portion of Wharton County east of the Colorado River. (8) Zone 4. Atascosa, Bexar, DeWitt, Dimmit, Frio, Karnes, Kinney, Maverick, Medina, Uvalde, Val Verde, Wilson, and Zavala. (9) Zone 5. Chambers, Colorado, Fayette, Galveston, Gonzales, Harris, Jefferson, Lavaca, Liberty, Orange, Waller, and Washington. (10) Zone 6. Bastrop, Burnet, Caldwell, Comal, Guadalupe, Hays, Lee, Milam, Travis, and Williamson. (11) Zone 7. Anderson, Angelina, Brazos, Burleson, Cherokee, Grimes, Hardin, Houston, Jasper, Leon, Madison, Montgomery, Nacogdoches, Newton, Panola, Polk, Robertson, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Trinity, Tyler and Walker. (12) Zone 8. Bell, Bosque, Coryell, Ellis, Falls, Freestone, Hamilton, Henderson, Hill, Hood, Johnson, Lampasas, Limestone, McLennan, Navarro and Somervell. (13) Zone 9. Pecos, Reeves and Ward. (l4) Zone 10. El Paso County and that portion of Hudspeth County bounded by Interstate Highway 10 on the north, the El Paso County line on the west, the Rio Grande River on the south and a line from old Fort Quitman, north along Highway 34 to Interstate 10 on the east. sec.20.21.Cotton Producer Advisory Committees. (a) Each pest management zone shall be governed by a Cotton Producer Advisory Committee. Producer representation of counties within the zone shall be based on the previous year's total certified cotton production acreage in each county as follows: (1) one to 25,000 acres = one representative; (2) 25,001 to 50,000 acres = two representatives; (3) 50,001 to 75,000 acres = three representatives; (4) 75,001 to 100,000 acres = four representatives; (5) 100,001 to 125,000 acres = five representatives; (6) 125,001 to 150,000 acres = six representatives; (7) 150,001 to 175,000 acres = seven representatives; (8) 175,001 to 200,000 acres = eight representatives; (9) 200,001 to 225,000 acres = nine representatives and (10) more than 225,001 acres = ten representatives. (b) The commissioner shall appoint the producer members of the Cotton Producer Advisory Committee for a term of two years expiring on December 31 of the second year. Appointees may be selected from a pool of nominees submitted by a certified cotton producer organization within the pest management zone, or nominees may be submitted for each individual county by: a County Extension Agriculture Committee; a county FSA Committee; an established agriculture business that is representative of the entire county; or any other established business or non-profit organization as designated by the department. (c) A producer advisory committee member must be an active producer or a resident landowner of land in cotton production in the county they will represent. A committee member may be re-appointed for consecutive terms. sec.20.22.Stalk Destruction Requirements. (a) Deadlines and methods. All cotton plants in a pest management zone shall be destroyed, regardless of the method used, by the stalk destruction dates indicated for the zone. Destruction shall be accomplished by the methods described as follows: Figure: 4 TAC sec.20.22(a) (b) Alternative destruction. (1) Prior to the deadline, alternative methods of destruction are allowed except in Zones 9 and 10 without notifying the department. Exceptions to the standard destruction method in Zone 10 will be considered by the Cotton Producer Advisory Committee on a case by case basis. (2) After the deadline, alternative methods of destruction may be used to destroy volunteer cotton in Zones 1-8 provided that the farm owner and/or operator notifies the department in writing, on a notification form prescribed by the department, of his or her intent to utilize an alternative destruction method. (3) Notification forms may be obtained from any of the following locations within a cotton pest management zone: (A) County Extension office; (B) Farm Service Agency office; or (C) Texas Department of Agriculture. (4) Conditions. (A) For volunteer cotton in all zones, or regrowth cotton in zones where shredding and/or plowing is required, destruction shall be achieved by the 14th day after notifying the department of the intent to use an alternative method, and (B) If fruiting structures are present, the host plants shall be shredded immediately, in addition to performing the alternative destruction method, and (C) If destruction of all host plants is not achieved by the 14th day after notification to the department, then mechanical destruction will be required to remove the remaining plants immediately, and the field will be considered in violation for the preceding 14 day period and any day thereafter, until destruction is complete, and (D) Once the field has been declared a public nuisance by the department, the field is in violation regardless of notification of an alternative method of destruction. (c) Deadline extension requests. (1) The department may, on written request by a farm owner and/or operator, grant an extension of the cotton destruction deadline in any pest management zone except Zone 1. At the request of the Zone 1 Producer Advisory Committee, individual deadline extension requests will not be considered in Zone 1. Requests for extensions in any other zone may be granted for the reasons listed in subparagraphs (A)-(E) of this paragraph: (A) research; (B) weather factors; (C) illness; (D) mechanical failure; or (E) other good cause. (2) A written request for an extension of the destruction deadline must be submitted on a form prescribed by the department. (3) Request forms may be obtained from any of the following locations within a cotton pest management zone: (A) County Extension office; (B) Farm Service Agency office; (C) Texas Department of Agriculture. (4) Failure to complete the form entirely may result in denial of the request. (5) All requests for extensions shall be postmarked on or prior to the cotton destruction deadline. However, if a field is in compliance with destruction requirements on the deadline, but later is in violation due to regrowth or volunteer establishment, an extension request may be submitted after the deadline. Once a field has been declared a public nuisance by the department, no extension requests will be granted. 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 12, 1996. TRD-9611709 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 CHAPTER 21.Seed Certification Standards The State Seed and Plant Board (the board) and the Texas Department of Agriculture (the department) adopt the repeal of sec.sec. 21.1-21.14, 21.21, 21.31,21.41, 21.51, 21.61- 21.68, 21.81- 21.87, 21.101-21.106, and 21.121- 21.123, concerning the administration of the Texas Seed and Plant Certification Act, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6392). The repeal is adopted without changes and will not be republished. The repeal is adopted to allow the department to relocate the sections elsewhere in Title 4, as part of the department's reorganization of it's regulatory rules. The department is the certifying agency in the administration of the Seed Plant and Certification Act. The Commissioner of Agriculture is charged with duties of administering rules and regulations relative to the enforcement of the act, the appointment of inspectors, collection of fees, issuance of labels and the actual enforcement of the law and regulations promulgated by the State Seed and Plant Board. The repealed sections are being relocated in Chapter 10 of this title. No comments were received regarding adoption of the repeals. General Requirements 4 TAC sec.sec.21.1-21.14 The repeals are adopted under the Texas Agriculture Code, (the Code), sec.62.004 and sec.62.005, which provides the State Seed and Plant Board with the authority to establish standards of genetic purity and identity and procedures for certification and adopt rules for the production and handling of certified seed and plants by licensed producers, and, the Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules for administration of the 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 12, 1996. TRD-9611710 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Field Inspection Chart 4 TAC sec.21.21 The repeal is adopted under the Texas Agriculture Code (the Code), sec.62.004 and sec.62.005, which provide the State Seed and Plant Board with the authority to establish standards of genetic purity and identity and procedures for certification and adopt rules for the production and handling of certified seed and plants by licensed producers; and, the Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules for administration of the 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 12, 1996. TRD-9611711 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Acreage Inspection Fees for Certification 4 TAC sec.21.31 The repeal is adopted under the Texas Agriculture Code (the Code), sec.62.004 and sec.62.005, which provide the State Seed and Plant Board with the authority to establish standards of genetic purity and identity and procedures for certification and adopt rules for the production and handling of certified seed and plants by licensed producers; and, the Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules for administration of the 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 12, 1996. TRD-9611712 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Laboratory Analysis Chart 4 TAC sec.21.41 The repeal is adopted under the Texas Agriculture Code (the Code), sec.62.004 and sec.62.005, which provide the State Seed and Plant Board with the authority to establish standards of genetic purity and identity and procedures for certification and adopt rules for the production and handling of certified seed and plants by licensed producers; and, the Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules for administration of the 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 12, 1996. TRD-9611713 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Genetic Seed Chart 4 TAC sec.21.51 The repeal is adopted under the Texas Agriculture Code (the Code), sec.62.004 and sec.62.005, which provides the State Seed and Plant Board with the authority to establish standards of genetic purity and identity and procedures for certification and adopt rules for the production and handling of certified seed and plants by licensed producers; and, the Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules for administration of the 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 12, 1996. TRD-9611714 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Additional Requirements for the Certification of Certain Crops 4 TAC sec.sec.21.61-21.68 The repeal is adopted under the Texas Agriculture Code (the Code), sec.62.004 and sec.62.005, which provide the State Seed and Plant Board with the authority to establish standards of genetic purity and identity and procedures for certification and adopt rules for the production and handling of certified seed and plants by licensed producers; and, the Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules for administration of the 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 12, 1996. TRD-9611715 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Vegetatively Propagated Pasture Grass and Turf Grass 4 TAC sec.sec.21.81-21.87 The repeal is adopted under the Texas Agriculture Code (the Code), sec.62.004 and sec.62.005, which provide the State Seed and Plant Board with the authority to establish standards of genetic purity and identity and procedures for certification and adopt rules for the production and handling of certified seed and plants by licensed producers; and, the Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules for administration of the 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 12, 1996. TRD-9611717 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Sugar Cane-Vegetatively Propagated 4 TAC sec.sec.21.101-21.106 The repeal is adopted under the Texas Agriculture Code (the Code), sec.62.004 and sec.62.005, which provide the State Seed and Plant Board with the authority to establish standards of genetic purity and identity and procedures for certification and adopt rules for the production and handling of certified seed and plants by licensed producers; and, the Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules for administration of the 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 12, 1996. TRD-9611718 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 Forest Reproductive Material 4 TAC sec.sec.21.121-21.123 The repeal is adopted under the Texas Agriculture Code (the Code), sec.62.004 and sec.62.005, which provide the State Seed and Plant Board with the authority to establish standards of genetic purity and identity and procedures for certification and adopt rules for the production and handling of certified seed and plants by licensed producers; and, the Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules for administration of the 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 12, 1996. TRD-9611716 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7583 CHAPTER 21.Citrus SUBCHAPTER A.Citrus Quarantines 4 TAC sec.sec.21.1-21.8 The Texas Department of Agriculture (the department) adopts new sec.sec.21.1- 21.8, concerning citrus quarantines. Sections 21.2 and 21.6 are adopted with changes, to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6395). Sections 21.1, 21.3, 21.4, 21.5, 21.7, and 21.8 are adopted without changes and will not be republished. The department is adopting new sec.sec.21.1-21.8 in order to protect the citrus industry by preventing the artificial spread of dangerous insect pests and plant diseases. In sec.21.2 (b), punctuation has been added to correctly match each common name with the appropriate scientific name. Section 21.6, subsection (a) has been changed to clarify that quarantined articles exempt from the rules in (b) may be transported into the state; subsection (c)(2) has been reorganized to clarify conditions for importing budwood from Florida, California, or outside the United States; and subparagraph (A) has been changed to include all of the quarantined diseases. Section 21.1 is adopted to define terms used in the subchapter; sec.sec.21.2, 21.3, and 21.5 are adopted to establish quarantined pests, areas, and articles; sec.21.4 is adopted to establish the citrus zone; sec.21.6 is adopted to specify quarantine restrictions, exemptions, and exceptions; sec.21.7 is adopted to outline violations and penalties, and sec.21.8 is adopted to create a new expiration provision. The department did not receive any comments based on the proposal and makes these changes based solely on its own review. The new sections are adopted under the Texas Agriculture Code,(the Code), sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for the administration of the Code; sec.71.007, which provides the department with the authority to adopt rules for the protection of agricultural and horticultural interests, the Code, Chapter 71, Subchapter A, which authorizes inspections, quarantines, and control and eradication zones for dangerous insect pests; and the Code, Chapter 73, which provides the department with the authority to regulate citrus pests and establish quarantines. sec.21.2.Quarantined Pests and Diseases. (a) Diseases. For the purposes of these regulations, the following plant diseases are quarantined: strains of citrus tristeza virus, citrus canker, psorosis, viral leprosis, citrus blight, stubborn, greening, citrus variegated chlorosis and citrus scab. (b) Insects and mites. For the purposes of these regulations, the quarantined insects and mites injurious to citrus include the following: Brown citrus aphid, Toxoptera citricida; Branch and twig borer, Melalgus confertus; Citrus psilid, Diaphorina citri; Orange spiny whitefly, Aleurocanthus spiniferous; Avocado whitefly, Trialeurodes floridensis; Plumeria whitefly, Paraleurodes perseae; Inconspicuous whitefly, Bemesia inconspicua; Citrus root weevil, Pachnaeus litus; Sugarcane root-stalk borer weevil, Diaprepes abbreviata; Rufous scale, Selenaspidus articulatus; Caribbean black scale, Saissetia neglecta; Citrus snow scale, Unaspis citri; Oystershell scale, Lepidosaphes ulmi ; Citrus bud mite, Eriophyes sheldoni; Six-spotted mite, Eotetranychus sexmaculatus; Yuma spider mite, Eotetranychus yumensis; Orange sawyer, Elaphidion inerne; and Citrus thrips, Scirtothrips citri. sec.21.6.Restrictions. (a) General. In addition to any other applicable restrictions imposed by regulations adopted under Chapter 71, Texas Agriculture Code, quarantined articles may not be transported into Texas or into the citrus zone except as outlined in subsections (b) and (c) of this section. (b) Exemptions. (1) Citrus seed produced in California is exempt from these rules. (2) Commercial citrus fruit is exempt from these rules. (c) Exceptions. (1) Within the state, quarantined articles may be transported into the citrus zone only if certified by the department to be free of all pests listed in this subchapter. Documentation of test results shall be provided to and approved by the department in order to obtain a phytosanitary certificate verifying that the quarantined articles are pest-free. The department shall be notified at least 2 working days prior to shipment to schedule an inspection for a phytosanitary certificate. (2) Budwood of citrus varieties not existing in Texas may be shipped to Texas from Florida, California, or outside the United States under the following conditions: (A) before any citrus budwood is allowed to enter Texas, it shall be certified as originating from an area free of citrus blight. It shall also have been tested using methods approved by the department, and such tests shall have produced negative results for citrus tristeza virus, psorosis, viral leprosis, citrus variegated chlorosis, greening, citrus canker, citrus scab and stubborn disease of citrus. Documentation of negative results of tests described in this section shall be included with the shipment; and (B) budwood shall be assigned to a federal or state agency approved by the department for the purpose of confirmation tests to determine if the budwood is free from all virus and infectious diseases before it is released to the buyer. For confirmation tests, budwood shall be grown on rootstock varieties appropriate for the diagnosis of the diseases listed in this section; and (C) for all budwood shipments, a permit from the Texas Department of Agriculture shall be issued and, together with a copy of the certificate(s) required by subparagraphs (D) and (E) of this section, shall be attached to the shipment; and (D) before any citrus budwood will be allowed to enter Texas from outside the continental United States, it shall be cleared through the United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine. Such clearance shall be certified to and approved by the department before the entrance of the budwood shipment into Texas; or (E) in addition to the requirements outlined in paragraph (2), subparagraphs (A), (B), and (C) of this subsection, shipments originating in Florida or California shall include a certificate from the origin state's department of agriculture specifying that the budwood is free of pests and diseases listed in this subchapter. A copy of the certificate shall be sent to and approved by the Texas Department of Agriculture before shipment of the budwood to Texas. However, budwood originating from the California citrus clonal protection program (CCCPP) will be exempt from the requirements in paragraph (2), subparagraphs (A) and (B) of this subsection, but will require a certificate from the CCCPP specifying that the budwood is free of pests and diseases listed in this subchapter instead of the state's certificate. (3) Citrus seed produced in Florida may be imported into Texas under the following conditions: (A) a certificate from the Florida Department of Agriculture and Consumer Services shall be provided prior to shipment, verifying that the seed is from registered stock and was harvested in territory in Florida that is free from citrus canker, and that the seed has been treated to eliminate bacterial and fungal pathogens prior to shipment. Treatment procedures shall be approved by the Texas Department of Agriculture; and (B) a permit from the Texas Department of Agriculture shall be issued and, together with a copy of the certificate required by this section, shall be attached to the shipping container. 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 12, 1996. TRD-9611736 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: June 21, 1996 For further information, please call: (512) 463-7583 CHAPTER 27.Aquaculture Regulations Aquaculture 4 TAC sec.sec.27.1, 27.4-27.5, 27.7, 27.22, 27.150 The Texas Department of Agriculture (the department) adopts the repeal of sec.sec.27.1, 27.4-27.5, 27.7, 27.22, and 27.150, concerning definitions, issuance of a license; period of validity, license fee; renewal fees, suspension of license, marketing of cultured red fish and cultured speckled sea trout, and expiration provision, without changes to the proposed text as published in the July 12, 1996, issue of the Texas Register (21 TexReg 6399). The sections are adopted without changes and will not be republished. The sections are repealed in order to reflect the adoption of an entirely new Chapter 16, concerning aquaculture. The repeal of the sections will eliminate unnecessary rule language and allow greater standardization of TDA's aquaculture program. No comments were received regarding the adoption of the repeals. The repeals are adopted under the Texas Agriculture Code, (the Code), sec.134.002, which provides the Texas Department of Agriculture with the authority to establish an aquaculture program provided by provisions of the Texas Agriculture Code, Chapter 134, concerning aquaculture; and the Code, sec.12.016, which provides the department with the authority to adopt rules necessary for administration of the Code. Issued in Austin, Texas, on August 12, 1996. TRD-9611719 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 2, 1996 Proposal publication date: June 21, 1996 For further information, please call: (512) 463-7583 PART III. Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist CHAPTER 65.Commercial Fertilizer Rules Definitions 4 TAC sec.65.1 The Office of the Texas State Chemist, Feed and Fertilizer Control Service, adopts an amendment to sec.65.1, concerning definitions with changes to the proposed text as published in the July 12, 1996 issue of the Texas Register (21 TexReg 6399). The rule is being amended as a part of a comprehensive revision of the rules done to ensure that labeling requirements for fertilizer allow the consumer to determine whether a given product is suitable for its intended use. The changes from the rule as proposed are editorial in nature for the purpose of clarification of a complex chemical species. Only one comment from Rhone Poulenc was received in favor of the proposed definitions. No adverse comments were received. The amendment is adopted under the Texas Agriculture Code, Chapter 63, sec.63.004, which provides the Texas Feed and Fertilizer Control Service with the authority to adopt rules relating to the distribution of commercial fertilizers. sec.65.1.DEFINITIONS. Except where otherwise provided, the terms and definitions adopted by the Association of American Plant Food Control Officials in its last published official publication are adopted by reference as the terms and definitions to control in this part. (The publication is available from the Association of American Plant Food Control Officials.) In addition, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: [sub]2[sub]5 shall refer solely and exclusively to those compounds containing orthophosphate, i.e., compounds possessing a formal +5 electrical charge on each of the constituent phosphorous atoms. Inorganic Fertilizer. A mineral, nutrient source containing less than 5.0% carbonaceous material. Natural. Materials - animal, plant, or mineral - found solely in or produced solely by nature which have neither been mixed with any synthetic material nor changed from their initial physical state except by washing, air-drying, chopping, grinding, shredding, or pelleting and not changed in its chemical state except by biological degradation or chemical change initiated solely under normal conditions of aging, rainfall, sun-curing or sun-drying, composting, rotting, enzymatic or anaerobic bacterial action, or any combination thereof. Person. Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character. Salvage. When applied to plant nutrients or additives, refers only to those products that have been damaged by natural causes, such as fire, water, hail, or windstorm, or by conveyance mishap. Specialty Fertilizer. Fertilizer distributed primarily for non-farm use, including use on or in home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, or nurseries. The term does not include the excreta of an animal, plant remains, or a mixture of those substances, for which no claim of essential plant nutrients is made. 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 August 12, 1996. TRD-9611832 Dr. George W. Latimer, Jr. State Chemist Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist Effective date: September 4, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 845-1121 TITLE 19. EDUCATION PART I. Texas Higher Education Coordinating Board CHAPTER 5. Program Development SUBCHAPTER K. Private and Out-of-State Public Degree-Granting Institutions Operating in Texas 19 TAC sec.5.214, sec.5.222 The Texas Higher Education Coordinating Board adopts amendments to sec.5.214 and sec.5.222 concerning Private and Out-of-State Public Degree Granting Institutions Operating in Texas without changes to the proposed text as published in the June 4, 1996, issue of the Texas Register (21 TexReg 4936). The proposed rules will provide greater consistency in faculty qualifications standards among private, non-exempt institutions seeking to grant academic degrees in Texas. They will set minimum faculty qualifications. There were no comments received concerning the proposed rules. The amendments are adopted under Texas Education Code, Chapter 61, Subchapter G which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Private and Out-of-State Public Degree Granting Institutions Operating in Texas. 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 August 12, 1996. TRD-9611812 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 4, 1996 Proposal publication date: June 4, 1996 For further information, please call: (512) 483-6160 CHAPTER 9. Public Junior Colleges SUBCHAPTER D. Basic Standards 19 TAC sec.9.63 The Texas Higher Education Coordinating Board adopts amendments to sec.9.63 concerning Basic Standards (Admission) with changes to the proposed text as published in the June 4, 1996, issue of the Texas Register (21 TexReg 4937). The State Auditor's Office has asked the Coordinating Board to clarify the required documentation for verifying the eligibility of students admitted to Texas public community and technical colleges. This is necessary in order to account for the appropriate admission of students in determining contact hour appropriations. In general, Texas public community and technical colleges maintain appropriate records and documentation on the admission of students. However, this rule amendment functions to ensure that the State Auditor's Office can audit for the necessary documentation against the accrediting agencies requirement for admissions documentation. One comment was received from Amarillo College in Amarillo, Texas. The language in sec.9.63, subsection (6) would benefit from clarification of what kinds of exceptions can be granted by the chief academic officer. Wording was ambiguous relative to what provisions could be granted exception. The agency agreed with the comments and changes were made to clarify the current language. The amendments are adopted under Texas Education Code, sec.61.062 and sec.130.001 which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Basic Standards (Admission). sec.9.63. Admission. A student may be admitted to a public community college according to any one of the following conditions and in compliance with the criteria of the Commission on Colleges of the Southern Association of Schools and Colleges: (1) For admission to a standard academic or general curriculum, a public community college shall require that the applicant be a graduate of an accredited high school, or meet the institutional requirements for transfer from another institution of higher education. (2) An applicant who has not been graduated from high school and has no transferable credit from any institution of higher education: (A) must be admitted upon completion of the general educational development testing program; or (B) may be admitted on the basis of placement examinations or upon the recommendation of the principal or superintendent of the last high school attended. Content of the placement examinations shall reflect high school equivalency. The form and type of these examinations and the procedure for administering them are to be determined by local policy. (3) An applicant who has not been graduated from high school, has no transferable credit from any institution of higher education, and is under the age of 18 and who attended a non-accredited public or private high school, or who was schooled in a non-traditional setting; (A) may be admitted on the basis of placement examinations or upon the recommendation of the principal or superintendent of the last high school attended. Content of the placement examinations shall reflect high school equivalency and shall be consistent with the minimums for high school completion established by the Texas Education Agency. The form and type of these examinations and the procedure for administering them are to be determined by local policy; (B)-(C) (No change.) (4) A person who is 18 years of age or over and has no transferable credit from any institution of higher education may be exempt from the admission requirements of this section and admitted on "individual approval", provided the admitting officer is convinced that the applicant's record indicates the student would be competent to benefit from a program of the institution as demonstrated by the completion of a state-required or local assessment test. Students admitted on this condition shall be subject to the same policies and regulations as all other students. (5) Students enrolling in the terminal curriculum including technical education courses, shall have the same entrance requirements as those listed in this section. A student not meeting the requirements for admission to a standard academic or general curriculum may be admitted to a terminal program on individual approval if the student is at least 18 years of age. (6) A student who has completed the junior year of high school may be permitted to enroll in a community college upon the recommendation of the high school principal. Normally, the class load of such student shall not exceed two college credit courses per semester. However, under special circumstances that indicate a student with exceptional academic abilities is capable of college-level work, based on such factors as grade-point average, ACT or SAT scores, and other assessment indicators, the chief academic officer of a higher education institution may grant exceptions to these two requirements. 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 August 12, 1996. TRD-9611813 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 4, 1996 Proposal publication date: June 4, 1996 For further information, please call: (512) 483-6160 CHAPTER 12. Proprietary Schools SUBCHAPTER A. Purpose and Authority 19 TAC sec.sec.12.21-12.24 The Texas Higher Education Coordinating Board adopts amendments to sec.sec.12.21-12.24 concerning Purpose and Authority with changes to the proposed text as published in the June 18, 1996, issue of the Texas Register (21 TexReg 5516). The purpose of the proposed amendments to Chapter 12, Subchapter A is to further ensure the quality and integrity of applied associate degree programs at proprietary institutions, facilitate the establishment and implementation of the institutional effectiveness review program for proprietary institutions, achieve consistency with revisions in the Texas Education Code, and to achieve greater uniformity in the administration and delivery of applied associate degree programs at Texas proprietary institutions. The proposed amendments will enhance the quality of proprietary degree programs and will help protect students enrolled in those programs if the institution closes. Comments were received from ITT Educational Services, Inc., Executive Secretarial School, and Microcomputer Technology Institute. The summary of comments were as follows: (1) Proprietary schools contend that the relatively high failure rate, especially among minority students, is an indication that the TASP is racially biased and possibly invalid for all students. (2) The $26 cost of the TASP will be a hardship on economically disadvantaged students. (3) Students with identified remediation needs would face financial hardship due to the cost of tuition for remedial courses. (4) Students enrolled in proprietary school degree programs should be exempt from the TASP because proprietary schools are entirely different from community and technical colleges. According to the proprietary schools, the chief role of a community college is to prepare students for transfer to 4 year colleges and universities. (5) The fact that degree-granting proprietary schools and community and technical colleges must meet the same program standards (and are therefore "uniform in quality") has been offered as a rationale for objecting to the implementation of TASP. (6) Employer survey results are the best indicator of proprietary school degree program quality. (7) Implementation of the TASP in associate degree programs in proprietary schools "is not sound policy" for the following reasons: (a) public versus private funding; (b) the student population in proprietary school degree programs is completely different than the population served by public community and technical colleges; and (c) proprietary schools assert that their students are career-oriented and do not need the academic proficiency required of community and technical college graduates. The agency did not agree with the comments but additional changes were made to the proposed rules. The amendments are adopted under Texas Education Code, sec.132.063 which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Purpose and Authority. sec.12.21. Purpose. It is the intent of the Legislature to encourage proprietary postsecondary institutions and to ensure the integrity of applied associate degrees offered by proprietary institutions. (1) Proprietary schools, as defined in the Texas Education Code, sec.132.001, offering programs in which applied associate degrees are awarded, shall meet minimum institutional and educational program quality standards. (2) Applied associate degrees offered by proprietary schools shall meet minimum institutional and educational program quality standards established by the Board. sec.12.22. Authority. The Texas Education Code, sec.132.063 authorizes the Texas Higher Education Coordinating Board to enforce minimum standards for the approval of programs of study leading to the award of the applied associate degree. (1)-(2) (No change.) (3) The Texas Higher Education Coordinating Board shall have jurisdiction over applied associate degree programs offered by proprietary schools. (4) The Texas Higher Education Coordinating Board shall charge fees for initial application, revision, evaluation, and reinstatement of proprietary school applied associate degree programs. The Commissioner of Higher Education shall set these fees in an amount not to exceed the cost of initial program application review, program revision review, review of petition for reinstatement of authorization to grant degrees, and program evaluation of proprietary school associate degree programs including the cost of necessary consultants. sec.12.23. Degree Titles Authorized. Associate of Applied Science (A.A.S.), Associate of Applied Arts (A.A.A.), and Associate of Occupational Studies (A.O.S.) degrees will be the only degrees authorized by the Texas Higher Education Coordinating Board. sec.12.24. Definitions. The following words and terms when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise. Appropriate credentials in counseling-Certification by the National Board for Certified Counselors or Texas licensure to practice counseling. Appropriate training in counseling-An earned graduate degree in counseling, student personnel (with counseling emphasis), counseling psychology, or closely related field, from a regionally accredited college or university. Associate of Occupational Studies-Refers specifically to the A.O.S. degree. The A.O.S. degree is approved according to the conditions of the Coordinating Board policy adopted on April 30, 1993: The State of Texas has four proprietary schools awarding the A.O.S. degree; Microcomputer Technology Institute, Universal Technical Institute, Southwest School of Electronics, and Western Technical Institute. The A.O.S. degree is awarded for the following fields: automotive mechanics, diesel mechanics, refrigeration, electronics, and business. Each of these four schools may continue to award the A.O.S. degree for those fields listed above and shall be restricted to those fields. Subspecialities within these fields and under the present titles may be offered and advertised upon providing prior notice to the Board. No new A.O.S. degree programs in other fields from these four schools or any other schools will be considered by the Board. Should any of these four schools choose to propose to offer degrees in other fields or should these four institutions open schools outside of the metropolitan locations in which they were operating as of April 29, 1993, they will be required to design programs which lead to the A.A.S. degree. Basic Computer Instruction-Formal course work in the fundamentals of personal computer operation. Change of ownership-Any change in control of a school or an agreement to transfer control of a school. The control of a school is considered to have changed: (A) In the case of ownership by an individual, when more than 50% of the school has been sold or transferred; (B) In the case of ownership by a partnership or a corporation, when more than 50 percent of the school or of the owning partnership or corporation has been sold or transferred; or (C) When the board of directors, officers, shareholders, or similar governing body has been changed to such an extent as to significantly alter the management and control of the school. (D) A change of ownership and control does not include a transfer which occurs as a result of the retirement or death of the owner if transfer is to a member of the owner's family who has been directly and constantly involved in the management of the institution for a minimum of two years preceding the transfer. For the purposes of this section, a member of the owner's family is a parent, sibling, spouse or child; spouse's parent or sibling; or sibling's or child's spouse. Cited-Any reference to an institution in a negative finding or action by an accreditor. Developmental courses-Courses designated as remedial or compensatory education courses. Credit earned in a developmental course is not applicable toward the applied associate degree. Also see remediation. Institution-See proprietary school. Newly-enrolled student-A person who has been admitted to a program of study for the first time. Owner-The proprietor of a school including an individual; a partnership including all full, silent, and limited partners; a corporation or corporations including directors, officers, and each shareholder owning shares of issued and outstanding stock aggregating at least 10% of the total of the issued and outstanding shares. Person-Any individual, firm, partnership, association, corporation, or other private entity or combination thereof. Proprietary School-Any business enterprise operated for a profit, or on a nonprofit basis, that maintains a place of business in the State of Texas or solicits business within the State of Texas, and that is not specifically exempted by this chapter, and: (A) that offers or maintains a course or courses of instruction or study; or (B) at which place of business such a course or courses of instruction or study is available through classroom instruction or by correspondence or both to a person for the purpose of training or preparing the person for a field of endeavor in a business, trade, technical, or industrial occupation, or for avocational or personal improvement. Prospective Student-A person who expresses interest in a program of study and who is provided with written information about the institution or any of the institution's programs. Remediation-An activity designed to teach basic competency in such areas as reading, writing, oral communications, arithmetic, or other rudimentary subjects. Returning student-A person who is returning to a program of study following withdrawal or other absence of more than one academic semester or one academic quarter. Target market area-The local, regional, statewide, and/or national area from which the institution's students are drawn and in which employment opportunities have been identified for graduates of that institution's applied associate degree programs. TEA-The Texas Education Agency. Teach-out agreement-A formal arrangement between a closed proprietary institution and another institution authorized by the Coordinating Board to grant the applied associate degree, which provides for student transfer, completion of degree requirements, and awarding degrees to students transferred from the closed proprietary school. Teach-out institution-An institution that is authorized by the Coordinating Board to grant the applied associate degree and that has formally accepted the transfer of students from a proprietary school that has closed. Board-The Texas Higher Education Coordinating Board. 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 August 12, 1996. TRD-9611814 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 4, 1996 Proposal publication date: June 18, 1996 For further information, please call: (512) 483-6160 SUBCHAPTER B. Basic Standards 19 TAC sec.sec.12.42-12.44, 12.46-12.51 The Texas Higher Education Coordinating Board adopts amendments to sec.sec.12.42-12.44 and sec.sec.12.46-12.51 concerning Basic Standards with changes to the proposed text as published in the June 4, 1996, issue of the Texas Register (21 TexReg 4938). The purpose of the proposed amendments to Chapter 12, Subchapter B is to further ensure the quality and integrity of applied associate degree programs at proprietary institutions, facilitate the establishment and implementation of the institutional effectiveness review program for proprietary institutions, achieve consistency with revisions in the Texas Education Code, and to achieve greater uniformity in the administration and delivery of applied associate degree programs at Texas proprietary institutions. The proposed amendments will enhance the quality of proprietary degree programs and will help protect students enrolled in those programs if the institution closes. Comments were received from ITT Educational Services, Inc., Executive Secretarial School, and Microcomputer Technology Institute. The summary of comments were as follows: (1) Proprietary schools contend that the relatively high failure rate, especially among minority students, is an indication that the TASP is racially biased and possibly invalid for all students. (2) The $26 cost of the TASP will be a hardship on economically disadvantaged students. (3) Students with identified remediation needs would face financial hardship due to the cost of tuition for remedial courses. (4) Students enrolled in proprietary school degree programs should be exempt from the TASP because proprietary schools are entirely different from community and technical colleges. According to the proprietary schools, the chief role of a community college is to prepare students for transfer to 4 year colleges and universities. (5) The fact that degree-granting proprietary schools and community and technical colleges must meet the same program standards (and are therefore "uniform in quality") has been offered as a rationale for objecting to the implementation of TASP. (6) Employer survey results are the best indicator of proprietary school degree program quality. (7) Implementation of the TASP in associate degree programs in proprietary schools "is not sound policy" for the following reasons: (a) public versus private funding; (b) the student population in proprietary school degree programs is completely different than the population served by public community and technical colleges; and (c) proprietary schools assert that their students are career-oriented and do not need the academic proficiency required of community and technical college graduates. The agency did not agree with the comments but additional changes were made to the proposed rules. The amendments are adopted under Texas Education Code, sec.132.063 which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Purpose and Authority. sec.12.42. Demonstration of Program Need. (a) (No change.) (b) For the protection of students, need for a new applied associate degree program must be supported by evidence of current and future employment opportunities for program graduates within the institution's target market area. Employment opportunities for program graduates within the institution's target market area must equal or exceed the projected program enrollment. The institution must use acceptable survey methods and statistical techniques to arrive at the projected enrollment. (c) Approval of applied associate degree programs shall not be denied on the basis of similar programs being offered by other institutions in the same or nearby communities. sec.12.43. Administrator Qualifications. The specification of qualifications for administrators of technical and vocational education is the responsibility of the institution in keeping with its defined mission and administrative organization. Administrators of technical and vocational education must possess credentials, experience, and demonstrated competence appropriate to their areas of responsibility. sec.12.44. Faculty Qualifications. (a) General Education Faculty. All full-time and part-time faculty members teaching general education courses must have completed 18 graduate semester hours in their teaching field and hold a master's degree. Exceptions to academic preparation must be justified by the postsecondary institution on an individual basis. Exceptions are subject to review and approval by the Coordinating Board. It is the institution's responsibility to keep documentation of faculty qualifications on file. (b) Technical/Specialty Faculty. All full-time and part-time faculty in technical/specialty courses must have both academic and work experience. The minimum academic preparation for faculty teaching in professional and technical fields must be at the degree level at which the faculty member is teaching. Faculty who teach technical specialty courses must have three years of direct or closely related work experience exclusive of teaching. Exceptions to academic preparation or work experience must be justified by the institution on an individual basis. Exceptions are subject to review and approval by the Coordinating Board. It is the institution's responsibility to keep documentation of faculty qualifications on file. (c) It shall be the responsibility of the institution to maintain an in-service continuing education program to encourage professional growth and development of faculty members. (d) All institutions shall demonstrate promotion of teaching excellence by developing a written plan for faculty professional development. The plan must address full and part-time faculty preparation and professional development. sec.12.46. Curriculum Requirements. (a)-(b) (No change.) (c) Applied associate degree program curricula may contain related studies courses, appropriate directed electives, any remedial courses. Credit earned in remedial courses is not applicable toward the applied associate degree. (d) All applied associate degree curricula shall be structured to reflect a logical progression of knowledge and skills, with course pre-requisites established as appropriate. Prerequisite courses must be clearly identified in the institution's catalog. (e) If the applied associate degree is required as the minimum education level for licensure or certification by an external state or national agency or board for entry into an occupation, the applied associate degree curriculum must be designed to enable students to meet the minimum requirements for licensure or certification. (f) Applied associate degree programs must have a Program Advisory Committee which is responsible for advising the institution on program requirements, course content, equipment, employment trends, and other relevant issues which will help ensure program quality. (1) Advisory committees must be composed of members from the public and/or private sectors who broadly represent the occupational field and skills used in the occupations for which training is being provided. The majority of advisory committee members must represent employers in the field for which the program offers training, or must currently practice the occupation for which the program offers training, or must be formally trained in the occupation for which the program offers training. (2) Committee membership should represent the population in the institution's target market area with regard to race, color, national origin, gender and handicap. (3) (No change.) (4) New program applications must include minutes of all advisory committee meetings conducted for the planning of new programs and a roster containing names and addresses, occupations, and business affiliations of the advisory committee members. sec.12.47. General Education Requirements. (a) An applied associate degree program must include a core curriculum containing a minimum of 15 semester hours or 23 quarter-credit hours. (b) (No change.) (c) Basic computer instruction must be included in the curriculum. (d) (No change.) sec.12.48. Length of Programs. An applied associate degree may be awarded to students who successfully complete a Coordinating Board-approved occupational curriculum consisting of at least 90 quarter-hours or 60 semester-hours but not less than 1100 clock-hours of instruction. Associate of applied arts, associate of applied science, and associate of occupational studies degrees shall not contain more than 72 semester credit hours or 108 quarter credit hours. sec.12.49. Facilities and Equipment. Equipment, facilities, classrooms, and laboratory space must be adequate and appropriate to serve the anticipated number of students enrolled in the program. Laboratory and computer equipment must be representative of that currently used in the occupation for which the program offers training. sec.12.50. Library/Learning Resources. (a) The library or learning resource center shall provide sufficient resources to appropriately support the general education and technical education components of the applied associate degree program. (b) The institution must have a written plan for continual improvement and adequate financial support of the library or learning resource center. sec.12.51. Student Services. (a) Admissions and Testing/Assessment Requirements. Basic skills, specific or additional admissions requirements, and/or testing/assessment requirements must be clearly stated, prominently published in the institution's catalog, and made available to all prospective students. (b) Graduation Requirements. Specific graduation requirements for applied associate degree programs must be clearly stated and prominently published and made available to all prospective students. (c) Academic Advisement, Job Placement, and Access to Counseling Services. Advisement, placement, and counseling services must be part of an organized program with an adequate organizational structure, specific referral procedures, and supported by adequate resources. (1) Academic advisement and job placement requirements. Students enrolled in applied associate degree programs must receive appropriate academic advisement and job placement services. (2) Career Counseling and Mental Health Counseling Requirements. Students enrolled in applied associate degree programs must have access to career counseling and mental health counseling. Individuals providing career and/or mental health counseling services must possess appropriate training and credentials in counseling. An institution may refer students to an individual or service that provides counseling. Unless qualified and credentialed as a counselor, a teacher, administrator, or other advisor may not perform the functions of a counselor and may not be referred to as a counselor. (d) Student Attendance Requirements. Student attendance requirements in applied associate degree programs must be consistent with program goals. 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 August 12, 1996. TRD-9611815 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 4, 1996 Proposal publication date: June 4, 1996 For further information, please call: (512) 483-6160 19 TAC sec.sec.12.52-12.55 The Texas Higher Education Coordinating Board adopts new sections sec.sec.12.52- 12.55 concerning Basic Standards. Sections 12.53, 12.54 and 12.55 are adopted without changes to the proposed text as published in the June 4, 1996, issue of the Texas Register (21 TexReg 4939) and will not be republished. Section 12.52 is adopted with changes. The purpose of the proposed amendments to Chapter 12, Subchapter B is to further ensure the quality and integrity of applied associate degree programs at proprietary institutions, facilitate the establishment and implementation of the institutional effectiveness review program for proprietary institutions, achieve consistency with revisions in the Texas Education Code, and to achieve greater uniformity in the administration and delivery of applied associate degree programs at Texas proprietary institutions. The proposed amendments will enhance the quality of proprietary degree programs and will help protect students enrolled in those programs if the institution closes. Comments were received from ITT Educational Services, Inc., Executive Secretarial School, and Microcomputer Technology Institute. The summary of comments were as follows: (1) Proprietary schools contend that the relatively high failure rate, especially among minority students, is an indication that the TASP is racially biased and possibly invalid for all students. (2) The $26 cost of the TASP will be a hardship on economically disadvantaged students. (3) Students with identified remediation needs would face financial hardship due to the cost of tuition for remedial courses. (4) Students enrolled in proprietary school degree programs should be exempt from the TASP because proprietary schools are entirely different from community and technical colleges. According to the proprietary schools, the chief role of a community college is to prepare students for transfer to 4 year colleges and universities. (5) The fact that degree-granting proprietary schools and community and technical colleges must meet the same program standards (and are therefore "uniform in quality") has been offered as a rationale for objecting to the implementation of TASP. (6) Employer survey results are the best indicator of proprietary school degree program quality. (7) Implementation of the TASP in associate degree programs in proprietary schools "is not sound policy" for the following reasons: (a) public versus private funding; (b) the student population in proprietary school degree programs is completely different than the population served by public community and technical colleges; and (c) proprietary schools assert that their students are career-oriented and do not need the academic proficiency required of community and technical college graduates. The agency did not agree with the comments but additional changes were made to the proposed rules. The new sections are adopted under Texas Education Code, sec.132.063 which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Purpose and Authority. sec.12.52. Texas Academic Skills Program (TASP). Each person who enrolls in an applied associate degree program at a proprietary institution on or after January 1, 1997 must pass all sections of the certification form of the Texas Academic Skills Program (TASP) examination at the level established by the Coordinating Board before the degree may be awarded. 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 August 12, 1996. TRD-9611816 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 4, 1996 Proposal publication date: June 4, 1996 For further information, please call: (512) 483-6160 SUBCHAPTER C. Operational Provisions 19 TAC sec.sec.12.72-12.76 The Texas Higher Education Coordinating Board adopts amendments to sec.sec.12.72-12.76 concerning Operational Provisions without changes to the proposed text as published in the June 4, 1996, issue of the Texas Register (21 TexReg 4940). The purpose of the proposed amendments to Chapter 12, Subchapter C is to further ensure the quality and integrity of applied associate degree programs at proprietary institutions, facilitate the establishment and implementation of the institutional effectiveness review program for proprietary institutions, achieve consistency with revisions in the Texas Education Code, and to achieve greater uniformity in the administration and delivery of applied associate degree programs at Texas proprietary institutions. The proposed amendments will enhance the quality of proprietary degree programs and will help protect students enrolled in those programs if the institution closes. Comments were received from ITT Educational Services, Inc., Executive Secretarial School, and Microcomputer Technology Institute. The summary of comments were as follows: (1) Proprietary schools contend that the relatively high failure rate, especially among minority students, is an indication that the TASP is racially biased and possibly invalid for all students. (2) The $26 cost of the TASP will be a hardship on economically disadvantaged students. (3) Students with identified remediation needs would face financial hardship due to the cost of tuition for remedial courses. (4) Students enrolled in proprietary school degree programs should be exempt from the TASP because proprietary schools are entirely different from community and technical colleges. According to the proprietary schools, the chief role of a community college is to prepare students for transfer to 4 year colleges and universities. (5) The fact that degree-granting proprietary schools and community and technical colleges must meet the same program standards (and are therefore "uniform in quality") has been offered as a rationale for objecting to the implementation of TASP. (6) Employer survey results are the best indicator of proprietary school degree program quality. (7) Implementation of the TASP in associate degree programs in proprietary schools "is not sound policy" for the following reasons: (a) public versus private funding; (b) the student population in proprietary school degree programs is completely different than the population served by public community and technical colleges; and (c) proprietary schools assert that their students are career-oriented and do not need the academic proficiency required of community and technical college graduates. The agency did not agree with the comments. The amendments are adopted under Texas Education Code, sec.132.063 which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Purpose and Authority. 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 August 12, 1996. TRD-9611817 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 4, 1996 Proposal publication date: June 4, 1996 For further information, please call: (512) 483-6160 19 TAC sec.sec.12.77-12.79 The Texas Higher Education Coordinating Board adopts new sec.sec.12.77-12.79 concerning Operational Provisions with changes to the proposed text as published in the June 4, 1996, issue of the Texas Register (21 TexReg 4941). The purpose of the proposed amendments to Chapter 12, Subchapter C is to further ensure the quality and integrity of applied associate degree programs at proprietary institutions, facilitate the establishment and implementation of the institutional effectiveness review program for proprietary institutions, achieve consistency with revisions in the Texas Education Code, and to achieve greater uniformity in the administration and delivery of applied associate degree programs at Texas proprietary institutions. The proposed amendments will enhance the quality of proprietary degree programs and will help protect students enrolled in those programs if the institution closes. Comments were received from ITT Educational Services, Inc., Executive Secretarial School, and Microcomputer Technology Institute. The summary of comments were as follows: (1) Proprietary schools contend that the relatively high failure rate, especially among minority students, is an indication that the TASP is racially biased and possibly invalid for all students. (2) The $26 cost of the TASP will be a hardship on economically disadvantaged students. (3) Students with identified remediation needs would face financial hardship due to the cost of tuition for remedial courses. (4) Students enrolled in proprietary school degree programs should be exempt from the TASP because proprietary schools are entirely different from community and technical colleges. According to the proprietary schools, the chief role of a community college is to prepare students for transfer to 4 year colleges and universities. (5) The fact that degree-granting proprietary schools and community and technical colleges must meet the same program standards (and are therefore "uniform in quality") has been offered as a rationale for objecting to the implementation of TASP. (6) Employer survey results are the best indicator of proprietary school degree program quality. (7) Implementation of the TASP in associate degree programs in proprietary schools "is not sound policy" for the following reasons: (a) public versus private funding; (b) the student population in proprietary school degree programs is completely different than the population served by public community and technical colleges; and (c) proprietary schools assert that their students are career-oriented and do not need the academic proficiency required of community and technical college graduates. The agency did not agree with the comments but additional changes were made to the proposed rules. The new sections are adopted under Texas Education Code, sec.132.063 which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Purpose and Authority. sec.12.77. Accreditor Reports. (a) Institutions which are authorized to grant the applied associate degree must make available, upon request by the Coordinating Board, all accrediting agency reports, findings, and institutional responses to said reports and findings. (b) If cited by an accreditor, an institution which is authorized to grant the applied associate degree shall, within thirty days of receipt of the accrediting agency's final report, provide the Board with a copy of the citation, the accreditor's final report, and a complete report to all subsequent actions by both the accreditor and the institution. sec.12.78. School Closure. (a) The board of directors, owner, or the chief executive officer of an institution which plans to cease operation shall provide to the Coordinating Board written notification of intent to close at least ninety days prior to the planned closing date. (b) If a proprietary school closes or intends to close before all currently enrolled students have completed all requirements for graduation, the school shall assure the continuity of students' education by entering into a teach-out agreement with another proprietary school that is authorized by the Coordinating Board to grant the applied associate degree or with a public community and technical college. The agreement should be in writing and shall contain provisions for student transfer and specify the conditions for completion of degree requirements at the teach-out institution. The agreement shall also contain provisions for awarding degrees. (c) Authorization to grant the applied associate degree is automatically withdrawn when a school closes. sec.12.79. Change of Ownership. (a) In the event of a change in ownership of a school, authorization to grant degrees is automatically withdrawn. (b) The institution's authorization to grant degrees may be reinstated by the Commissioner. (c) Reinstatement of authorization to grant degrees or authorization to retain degree granting status during the term of a change of ownership may be granted by the Commissioner upon the satisfactory compliance with the following conditions: (1) presentation of acceptable evidence that the new owner has complied with all Texas Workforce Commission requirements regarding the purchase or transfer of ownership of a proprietary school; (2) submission of an acceptable written statement of assurance that the new owner understands and will fully comply with all relevant Board rules and the Guidelines for Instructional Programs in Workforce Education; (3) submission of satisfactory evidence of financial ability to adequately support and conduct all Board-approved programs. Documentation must include independently audited financial statements including all auditors reports; (4) submission of acceptable written documentation demonstrating that the new owner has fully complied with all relevant Board rules and the Guidelines for Instructional Programs in Workforce Education; and (5) payment of the established reinstatement fee. (d) Any modification of a Board-approved applied associate degree program which results from a change of ownership constitutes a program revision. Requests for approval of program revisions must conform to the procedures and requirements contained in the Guidelines for Instructional Programs in Workforce Education. Reinstatement of authorization to grant degrees will not be granted until all revisions have been approved. (e) If the ownership and/or control of a school is transferred within, among, or between different subsidiaries, branches, divisions, or other components of a corporation and if said transfer in no way diminishes the school's administrative capability or educational program quality, the Commissioner may permit the school to retain authorization to grant the applied associate degree during the transfer period. In such cases, the school must fully comply with all provisions contained in items (c)(1), (2), (3), and (4) of this section before authorization to retain degree-granting authorization may be granted. 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 August 12, 1996. TRD-9611818 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 4, 1996 Proposal publication date: June 4, 1996 For further information, please call: (512) 483-6160 CHAPTER 13. Financial Planning SUBCHAPTER D. Procedures and Criteria for Funding of Family Practice Residency Programs 19 TAC sec.13.61, sec.13.62 The Texas Higher Education Coordinating Board adopts amendments to sec.13.61 and sec.13.62 concerning Procedures and Criteria for Funding of Family Practice Residency Programs without changes to the proposed text as published in the June 4, 1996, issue of the Texas Register (21 TexReg 4942). Two amendments were proposed by the rules changes. The first amendment deletes the payment of travel and attendance at a workshop for volunteer physicians who wish to participate as a Rural Rotation Supervisor in the Rural Rotation program. This revision would reflect the support categories eligible to receive funding through the Family Practice Residency Program. Support of the volunteer supervisors was never implemented, as not enough funds exist to support this endeavor. Since the supply of Rural Rotation Supervisors now exceeds the number of residents participating and surpassed the 100 mark, and the projection of resident participation is stable, the Coordinating Board is proposing implementing the requested change to accurately reflect internal rules and regulations. The second amendment would alter the waiting period for family practice residency program eligibility from two to three years of national accreditation. This revision would accurately reflect the initial eligibility of family practice residency programs that receive state funding through the Family Practice Residency Program and will assure that a family practice residency program is financial viable prior to state funding. The revisions to the rules would provide an accurate reflection of the existing state funding situation. An effective change will be the appropriate reflection in the rules of the programmatic funding situation. No comments were received concerning the proposed rules. The amendments are adopted under Texas Education Code, sec.61.501 which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Procedures and Criteria for Funding of Family Practice Residency Programs (Types of Grants). 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 August 12, 1996. TRD-9611819 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 4, 1996 Proposal publication date: June 4, 1996 For further information, please call: (512) 483-6160 19 TAC sec.sec.13.65-13.67 The Texas Higher Education Coordinating Board adopts the repeal of sec.sec.13.65 - 13.67 concerning Procedures and Criteria for Funding of Family Practice Residency Programs without changes to the proposed text as published in the June 4, 1996, issue of the Texas Register (21 TexReg 4942) Two amendments were proposed by the rules changes. The first amendment deletes the payment of travel and attendance at a workshop for volunteer physicians who wish to participate as a Rural Rotation Supervisor in the Rural Rotation program. This revision would reflect the support categories eligible to receive funding through the Family Practice Residency Program. Support of the volunteer supervisors was never implemented, as not enough funds exist to support this endeavor. Since the supply of Rural Rotation Supervisors now exceeds the number of residents participating and surpassed the 100 mark, and the projection of resident participation is stable, the Coordinating Board is proposing implementing the requested change to accurately reflect internal rules and regulations. The second amendment would alter the waiting period for family practice residency program eligibility from two to three years of national accreditation. This revision would accurately reflect the initial eligibility of family practice residency programs that receive state funding through the Family Practice Residency Program and will assure that a family practice residency program is financial viable prior to state funding. The revisions to the rules would provide an accurate reflection of the existing state funding situation. An effective change will be the appropriate reflection in the rules of the programmatic funding situation. No comments were received concerning the proposed rules. The repeals are adopted under Texas Education Code, sec.61.501 which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Procedures and Criteria for Funding of Family Practice Residency Programs (Types of Grants). 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 August 12, 1996. TRD-9611821 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 4, 1996 Proposal publication date: June 4, 1996 For further information, please call: (512) 483-6160 19 TAC sec.13.65, sec.13.66 The Texas Higher Education Coordinating Board adopts new sec.13.65 and sec.13.66 concerning Procedures and Criteria for Funding of Family Practice Residency Programs without changes to the proposed text as published in the June 4, 1996, issue of the Texas Register (21 TexReg 4942) Two amendments were proposed by the rules changes. The first amendment deletes the payment of travel and attendance at a workshop for volunteer physicians who wish to participate as a Rural Rotation Supervisor in the Rural Rotation program. This revision would reflect the support categories eligible to receive funding through the Family Practice Residency Program. Support of the volunteer supervisors was never implemented, as not enough funds exist to support this endeavor. Since the supply of Rural Rotation Supervisors now exceeds the number of residents participating and surpassed the 100 mark, and the projection of resident participation is stable, the Coordinating Board is proposing implementing the requested change to accurately reflect internal rules and regulations. The second amendment would alter the waiting period for family practice residency program eligibility from two to three years of national accreditation. This revision would accurately reflect the initial eligibility of family practice residency programs that receive state funding through the Family Practice Residency Program and will assure that a family practice residency program is financial viable prior to state funding. The revisions to the rules would provide an accurate reflection of the existing state funding situation. An effective change will be the appropriate reflection in the rules of the programmatic funding situation. No comments were received concerning the proposed rules. The new rules are adopted under Texas Education Code, sec.61.501 which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Procedures and Criteria for Funding of Family Practice Residency Programs (Types of Grants). 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 August 12, 1996. TRD-9611820 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 4, 1996 Proposal publication date: June 4, 1996 For further information, please call: (512) 483-6160 CHAPTER 17. Campus Planning SUBCHAPTER B. Application for Approval of New Construction and Major Repair and Rehabilitation 19 TAC sec.17.46 The Texas Higher Education Coordinating Board adopts amendments to sec.17.46 concerning Application for Approval of New Construction and Major Repair and Rehabilitation (Special Approval Procedure) without changes to the proposed text as published in the June 4, 1996, issue of the Texas Register (21 TexReg 4944). At the January 1996 meeting the Board requested that we change the special approval procedure rule so that land acquisition proposals costing $100,000 or less could be reviewed by the Campus Planning Committee for action. Currently, the rule states that projects less than $10,000 can be reviewed by the Campus Planning Committee. The Board felt it would save time to have some of the smaller purchases reviewed by the Committee. Land acquitision proposals costing between $10,000 and $100,000 can now be reviewed for action by the Campus Planning Committee between regularly scheduled Board meetings. Institutions will be able to have these requests acted on more speedily, and it will save time for the full Board. Comments were received from Midwestern State University and the University of Texas-Pan American supporting the proposed rules. The amendments are adopted under Texas Education Code, sec.61.0572 which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Application for Approval of New Construction and Major Repair and Rehabilitation (Special Approval Procedure). 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 August 12, 1996. TRD-9611822 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 4, 1996 Proposal publication date: June 4, 1996 For further information, please call: (512) 483-6160 CHAPTER 21. Student Services SUBCHAPTER B. Determining Residence Status 19 TAC sec.sec.21.21-21.23, 21.30 The Texas Higher Education Coordinating Board adopts amendments to sec.sec.21.21-21.23, and sec.21.30 concerning Determining Residence Status with changes to the proposed text as published in the June 4, 1996, issue of the Texas Register (21 TexReg 4944). The purpose of the proposed amendments are to clarify that when a child of divorced parents has resided in Texas with one of the parents 12 months prior to enrollment, he or she may be classified as a Texas resident and to clarify that "self-employed" or "employed as a homemaker" meets the requirement of being gainfully employed. It will also make it easier to determine who qualifies as a resident. Comments were received from the legal staff at the University of Texas at Austin. The comments indicated that the proposed wording in sec.21.21 would result in a child being classified as a nonresident if the parents are not divorced but file separate tax returns and reside in separate states. The agency agreed with the comments and the proposed amendments to the section have been changed so that an incorrect classification will not result from the rule change. The amendments are adopted under Texas Education Code, sec.54.053 and sec.54.054 which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Determining Residence Status. sec.21.21. Minors and Dependents. (a) Residence of a Minor or a Dependent. Residency of a minor or dependent is based on one of the following circumstances: (1) The residence of the parent who has custody at the time of enrollment (upon divorce of parents); (2) The residence of the parent who has claimed the dependent for federal income tax purposes both at the time of enrollment and for the tax year preceding enrollment; or (3) The residence of the parent with whom the dependent has resided for the 12 months prior to enrollment. (b) Custody by Court Order. If the custody of the minor has been granted by court order (e.g., divorce decree, child custody action, guardianship or adoption proceedings) to some person other than the parent, the residence of that person shall control; provided, however, that such grant public institution of higher education and was granted under circumstances indicating of custody was not ordered during or within a year prior to the minor's enrollment in a that such guardianship was not for the purpose of obtaining status as a resident student. If the minor is not residing with either parent, and there is no court- appointed guardian, the residence of the parent with whom the minor last resided shall be presumed to control. If, however, the minor has resided with, and has been dependent upon a grandparent for more than a year prior to enrollment in an institution of higher education, the residence of that natural guardian shall be regarded as the minor's residence. The residence of a person other than a parent or a natural or legal guardian, who may furnish funds for payment of tuition, fees, or living expenses shall in no way affect the residence classification of a minor. (c) Abandoned Child. In the case of an abandoned child, the residence of a person who has stood in loco parentis for a period of time may determine the residence. The fact of abandonment must be clearly established and must not have been for the purpose of affecting the residence of the minor, and the minor must have actually resided in the home of such person for two years immediately prior to enrolling in a public institution of higher education in Texas and such person must have provided substantially all the minor's support. In the event that the in loco parentis relationship has not existed for the full two year period, a lesser period of time is acceptable in unusual hardship cases, such as death of both parents. (d) Orphans. Orphans who have lived for longer than a year in an established orphan's home in Texas operated by a fraternal, religious, or civic organization and have been graduated from the orphan's home shall be considered residents of Texas provided they reside in Texas from the time of such graduation until they enter an institution of higher education. (e) Emancipation. Under certain circumstances, minors may become emancipated or freed from parental control. If their parents have ceased to exercise parental control and responsibility, if they are responsible for all of their own decisions and affairs, and if they are not dependent on their parents, minors may establish emancipation. If emancipation is clearly proved, the residence classification of the minors is determined by their own residence rather than the residence of the parents. After 12 months in Texas under such circumstances, minors may be classified as residents, if they otherwise satisfy the statutory requirements applicable to those over 18 (e.g.: see presumption arising from residence while a student). Proof of emancipation is the responsibility of the minor. (f) Married Minors. Minors who are married have the power and capacity of single persons of full age. (g) Dependents whose parents move to another state or foreign country and no longer claim residence in Texas. If both of the parents of dependents who have been enrolled as resident students move their residence to another state or foreign country, the dependents shall be classified as nonresidents at all subsequent registration periods. (1) Under the provisions of Texas Education Code 54.055, although classified as nonresidents, the dependents will be entitled to pay the resident tuition fee as long as they remain continuously enrolled in a state-supported institution of higher education. Such dependent students must enroll for the next available fall or spring semester immediately following the parents' change of residence to another state. (2) When the parents of dependents who have established their residence in another state or foreign country return and reestablish their residence in Texas the dependents must continue to be classified as nonresidents until the first registration after the parents have resided in the state for a 12-month period. (h) Dependents whose parents move to another state or foreign country but continue to claim Texas residence. (1) If both of the parents of dependents move to another state or foreign country, or reside outside the state or in a foreign country at the time the dependents enroll in an institution of higher education, but claim residence in Texas, conclusive evidence must be presented that the parents are still claiming residence in the State of Texas and that they have the present intent to return to the state. A certificate from the employer of the parents that the move outside the state was temporary (generally less than five years) and that there are definite plans to return the parents to Texas by a determinable future date will be considered in this connection. (2) Persons who resided in Texas for at least five years prior to moving from the state, and who have returned to the state for residence purposes before having resided out of the state for a year, shall be classified as residents. The parent(s) of dependents must return to the state to live in order for the dependent to be considered a resident. sec.21.22. Residence of Independent Individuals 18 Years of Age or Older. Establishment of residence. Independent individuals 18 years of age or over who move into the state and who are gainfully employed within the state for a period of 12 months prior to enrolling in an institution of higher education are entitled to classification as residents. An individual who is self-employed or employed as a homemaker within the home may be considered gainfully employed for tuition purposes. If such 12 months residence, however, can be shown not to have been for the purpose of establishing residence in the state but to have been for some other purpose, the individuals are not entitled to be classified as residents. Students enrolling in an institution of higher education prior to having resided in the state for 12 months immediately preceding time of enrollment shall be classified as nonresidents for tuition purposes. sec.21.23. Reclassification. Persons classified as nonresidents upon first enrollment in an institution of higher education are presumed to be nonresidents for the period during which they continue as students. If such nonresident students withdraw from school and reside in the state while gainfully employed for a period of 12 months, upon re- entry into an institution of higher education they will be entitled to be reclassified as residents for tuition purposes. Accumulations of summer and other vacation periods do not satisfy this requirement. Reclassification to resident status after residing in the state for 12 months cannot be based solely upon the student's or the student's spouse's employment, registration to vote, registration of a motor vehicle and payment of personal property taxes thereon, or the securing of a Texas driver's license. The presumption of "nonresident" is not a conclusive presumption, however, and other facts may be considered to determine if the presumption has been overcome. Material to this determination are business or personal facts or actions unequivocally indicative of a fixed intention to reside permanently in the state. Such facts may include, but are not limited to, the length of residence and full-time employment prior to enrolling in the institution, the fact of full-time employment and the nature of such employment while a student, presence in Texas as a part of a household transferred to the state by an employer, purchase of a homestead with substantial down payment , or dependency upon a parent or guardian who has resided in Texas for at least 12 months immediately preceding the student's enrollment. All of these facts are weighed in the light of the fact that a student's residence while in school is primarily for the purpose of education and not to establish residence, and that decisions of an individual as to residence are generally made after the completion of an education and not before. Students classified as nonresident students shall be considered to retain that status until they make written application for reclassification in the form prescribed by the institution and are officially reclassified in writing as residents of Texas by the proper administrative officers of the institution. Application for reclassification must be submitted prior to the official census date of the relevant term. sec.21.30. Teaching or Research Assistants. Teaching or research assistants employed at least half time by any public institution of higher education in a degree program-related position with an effective date of employment on or before the official census date of the relevant term(s), may pay the same tuition while attending the employing institution as a resident of Texas for themselves, their spouses, and their dependent children, regardless of the length of residence in the state. The institution which employs the students shall determine whether or not the students' jobs relate to their degree programs. This provision applies to eligible teaching assistants, research assistants and their dependents no matter which Texas public institution of higher education they may attend. 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 August 12, 1996. TRD-9611823 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 4, 1996 Proposal publication date: June 4, 1996 For further information, please call: (512) 483-6160 19 TAC sec.21.41 The Texas Higher Education Coordinating Board adopts new sec.21.41 concerning Determining Residence Status (Students Enrolled in Radiological Sciences) without changes to the proposed text as published in the June 4, 1996, issue of the Texas Register (21 TexReg 4945). The purpose of the proposed amendments are to clarify that when a child of divorced parents has resided in Texas with one of the parents 12 months prior to enrollment, he or she may be classified as a Texas resident and to clarify that "self-employed" or "employed as a homemaker" meets the requirement of being gainfully employed. It will also make it easier to determine who qualifies as a resident. Comments were received from the legal staff at the University of Texas at Austin. The comments indicated that the proposed wording in sec.21.21 would result in a child being classified as a nonresident if the parents are not divorced but file separate tax returns and reside in separate states. The agency agreed with the comments and the proposed amendments to the section have been changed so that an incorrect classification will not result from the rule change. There were no changes made to the new section 21.41. The new rule is adopted under Texas Education Code, sec.54.053 and sec.54.054 which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Determining Residence Status (Students Enrolled in Radiological Sciences). 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 August 12, 1996. TRD-9611824 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 4, 1996 Proposal publication date: June 4, 1996 For further information, please call: (512) 483-6160 TITLE 25. HEALTH SERVICES PART I. Texas Department of Health CHAPTER 29.Purchased Health Services SUBCHAPTER P.Hearing Aid Services 25 TAC sec.sec.29.1501-29.1504 On behalf of the State Medicaid Director, the Texas Department of Health (department) submits adopted amendments to sec.sec.29.1501-29.1504, concerning the requirements for hearing aid services. Section 29.1501 and sec.29.1502 are adopted with changes to the proposed text as published in the February 20, 1996, issue of the Texas Register (21 TexReg 1347). Section 29.1503 and sec.29.1504 are adopted without changes and therefore will not be republished. The amendments provide for a more accurate department administrative rule base. The amendments delete obsolete information from hearing aid services rules so that they agree with the licensing standards for hearing aid services providers. The amendments also require that hearing aid services providers follow the standards of their licensing authorities, as well as rules and regulations of the Texas Medicaid Program. These amendments are also in response to a petition for rulemaking submitted to the department by Ray Jones, a hearing aid services provider. A summary of the comments and the department's responses to comments follows. COMMENT: Mr. Jones commented on the dual standards for testing hearing aid acuity promulgated by the Audiology Licensing Board and the rules adopted in April 1995 by the Texas Board of Examiners in the Fitting and Dispensing of Hearing Aids. RESPONSE: This comment is beyond the scope of this proposal. This proposal relates only to reimbursement of hearing aid services, not to the standards governing the hearing aid industry. COMMENT: Mr. Jones commented that licensed hearing aid fitters and dispensers are not qualified to provide hearing aid evaluations according to federal Medicaid regulations. RESPONSE: The department has changed the language in sec.29.1502(b) to reflect that only certified audiologists, as well as physicians, are allowed to be reimbursed for hearing evaluations. COMMENT: Mr. Jones stated that because there are no recognized "professional" standards for hearing aid services, the "professional" in sec.29.1502(a) and sec.29.1502(b)(3) should be changed to "national" hearing aid services standards. He also recommended that only physicians and audiologist be allowed to provide and be reimbursed for hearing aid services. RESPONSE: The department disagrees with this comment because it excludes professional standards included in the licensing laws for fitters and dispensers. Licensed fitters and dispensers can be reimbursed for hearing aid dispenser services to Medicaid recipients. In addition, the Health Care Financing Administration (HCFA) has issued a correspondence clarifying the issue of which hearing aid services can be reimbursed and which provider type is allowed to be reimbursed for the services. Thus, the department has changed the wording in sec.29.1502(a) to define which hearing aid services are reimbursable by different hearing aid services providers. COMMENT: Mr. Jones suggested that the wording in sec.29.1502(b)(1) be changed to state that hearing evaluations must be recommended by a physician or an audiologist. Also, Mr. Jones suggested that information concerning "audiologic" evaluation be added to subsection (b). RESPONSE: The department understands that only physicians and certified audiologists are reimbursed for hearing evaluations; however, the department has determined that evaluations should continue to be recommended or referred by a physician. The department also has determined that the "audiologic" evaluation information that Mr. Jones requested is beyond the scope of these rules and this proposal. COMMENT: A commenter requested that qualified providers of hearing aid services be specifically identified as audiologists and physicians. RESPONSE: The department has changed the language of its rules to clarify who is reimbursed for hearing aid services. Specifically, physicians are reimbursed for all hearing aid services: examinations, hearing evaluations, and fitting and dispensing services. Physicians also make referrals to or recommendations for hearing evaluations, which can be reimbursed if provided by physicians or audiologists. Certified audiologists are reimbursed for hearing evaluations and to fit and dispense hearing aid instruments; licensed fitters and dispensers are reimbursed to fit and dispense hearing aid instruments. When appropriate, references will be changed to include audiologists and physicians. COMMENT: A commenter stated that the proposed amendments should accomplish the following things: ensure adequate health care to qualified beneficiaries, promote efficiency in the program to minimize administrative cost and maximize benefits available to beneficiaries, provide for uniform standards of participation. RESPONSE: The department's intent is for these rules to provide for appropriate healthcare for qualified beneficiaries and provide for efficiency in the program to minimize administrative cost and maximize benefits. Standards for reimbursement are intended to be uniform according to the specific provider group and the specific services being provided. However, standards for participation are beyond the scope of these rules. COMMENT: A commenter also stated that because Medicaid only provides a single hearing aid, unless the patient is blind, the department should use the three- tone average of 500, 1,000, and 2,000 Hz. RESPONSE: The department disagrees with including technical information in its reimbursement rules. The purpose and scope of these rules are to provide criteria necessary for participation and reimbursement when providing covered hearing aid services to eligible recipients. COMMENT: A commenter suggested that sec.29.1502(b) be changed to specify that individuals with hearing disorders must be provided with services by a certified audiologist. RESPONSE: The department has clarified these rules to specify which hearing aid providers (physicians, audiologists, and fitters and dispensers) are reimbursed for hearing aid services. COMMENT: A commenter suggested that sec.29.1502(b) be changed to allow audiologists to recommend hearing evaluations and to add language that the recipient must meet eligibility criterion stated in sec.29.1501(b)(10). RESPONSE: The department has determined that only physicians will be allowed to recommend hearing evaluations in the Medicaid program. The department changed sec.29.1502(b) to refer to the single eligibility criterion that the air conduction puretone average in the better ear must be 45dB or greater. COMMENT: A commenter stated that because audiologists and physicians are recognized and capable of justifying their recommendation for a hearing aid within the broad scope of their educational background and licensing privileges, language should be added to sec.29.1502(b)(2) to allow physicians and audiologists to justify their recommendation for a hearing aid. RESPONSE: Providers can specify any information they deem necessary in making their assessments; however, the department requires that providers must keep an evaluation report in the recipient's record, which includes audiometric test data, hearing aid evaluation test data, and a recommendation for the hearing aid most appropriate for the ear being amplified. The department has determined that only physicians will be allowed to recommend hearing evaluations in the Medicaid program. The department did not change the wording of this section. COMMENT: A commenter requested that the wording in sec.29.1502(c)(2) be changed to delete the reference to a "full" 12-month manufacturer's warranty because most hearing products come with a standard 12-month limited warranty. RESPONSE: The department agrees with this requests and changed the section accordingly. COMMENT: A commenter requested that the department delete from sec.29.1501(b)(5) the "one-month supply of batteries" as a part of the required package that is dispensed with each hearing aid purchased through the Texas Medicaid Program. RESPONSE: Providers are required to dispense each hearing aid purchased through the Texas Medicaid Program with all necessary tubing, cords, and connectors; instructions for care and use; and a one-month supply of batteries to be reimbursed for rendering a covered Medicaid service. The department made no changes to this section as a result of this comment. COMMENT: A commenter corrected a reference to the Board of Examiners in the Fitting and Dispensing of Hearing Aids; the reference should be to the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments. RESPONSE: The department agrees with this comment and has changed sec.29.1502(c)(4)(A)(I) accordingly. COMMENT: A commenter recommended that the first and second revisit, as stated in sec.29.1502(c)(6)-(7), be combined into a postfitting evaluation. The commenter also suggested that reimbursement be reallocated so that the second revisit fee be applied to the postfitting evaluation. Last, the commenter suggested that the first revisit fee would be added to the cost of the hearing instrument. RESPONSE: This comment is beyond the scope and purpose of this proposal and would be better served in a separate rulemaking process. The comment also increases costs to the Medicaid program, and due to budgetary limitations, the department is not in the position to increase the cost of administering hearing aid services. The department made no changes to this proposal as a result of this comment. COMMENT: A commenter requested that fitters and dispenser be removed from the section covering provider licensure and certification. The commenter stated that licensed fitters and dispensers are licensed under Vernon's Civil Statute 4566 and do not meet Health Care Financing Administration (HCFA) requirements, therefore, should be deleted from sec.29.1503(b). RESPONSE: The department disagrees with this comment for reasons that were previously stated. Licensed fitters and dispensers may be reimbursed under the Texas Medicaid Program for specific hearing aid services. COMMENT: A commenter requested that audiologists be added to the reimbursement language in sec.29.1504(b)(3)(B), concerning reimbursement for a physician's examination. RESPONSE: Physicians are reimbursed according to a physician service methodology established in sec.29.1104 of this title (relating to the Texas Medicaid Reimbursement Methodology (TMRM). The commenters were Ray Jones, Independent Audiology Practice, Inc., and the Texas Speech-Language-Hearing Association. The commenters, as a whole, were generally in favor of the rules; however they expressed concerns and requested clarification as described in the summary of comments. The department made additional changes to the language in order to better clarify the intent of the rules. The Texas Board of Health at its meeting on July 26, 1996, recommended that the rules be revised to delete language which would suggest that the rules affected or attempted to describe or prescribe the scope of practice of physicians, audiologists, and fitters and dispensers of hearing aids. These rules are intended to describe the services for which reimbursement is available. The rules have been revised to reflect the recommendation. The amendments are adopted under the Human Resources Code, sec.32.021 and Texas Civil Statutes, Article 4413 (502), sec.16, which provides the Health and Human Services Commission with the authority to adopt rules to administer the state's medical assistance program and are submitted by the Texas Department of Health under its agreement with the Health and Human Services Commission to operate the purchased health services program and as authorized under Chapter 15, sec.1.07, Acts of the 72nd Legislature, First Called Session (1991). sec.29.1501.Benefits and Limitations. (a) Benefits. Reimbursement for hearing aid services available through the Texas Medical Assistance (Medicaid) Program shall be provided in accordance with federal regulations found at 42 CFR Subchapter C, Medical Assistance Programs; state-legislated appropriations; and the provisions and procedures found elsewhere in this chapter as cited at sec.29.1502 of this title (relating to Requirements for Hearing Aid Services). The following hearing aid services shall be reimbursed, through the Texas Medicaid Program: (1)-(5) (No change.) (b) Limitations and exclusions. Hearing aid providers and examining physicians must comply with the following conditions and limitations established by the department or its designee. (1) Hearing aid services shall be available only to non-EPSDT eligible Medicaid recipients. (2) Recipients shall be limited to one hearing aid every six years (72 months) from the dispensing month of the present instrument. (3) An individual using a hearing aid before becoming eligible for Medicaid benefits may have a hearing evaluation conducted by an approved hearing aid services provider after becoming eligible for Medicaid. Medicaid payment for a new hearing aid, however, shall be denied if the provider concludes, based upon the evaluation findings, that the recipient's present hearing aid adequately compensates for the degree of hearing loss. (4) Providers may not submit a hearing evaluation claim to the department or its designee unless the Medicaid recipient meets the eligibility criteria in sec.29.1502(b) of this title (relating to Requirements for Hearing Aid Services). (5) The department or its designee shall not pay for the replacement of batteries or cords. (6) Binaural fittings shall not be available except for legally blind, hearing- impaired recipients who can document that they have no other available resources. (7) (No change.) (8) Recipients may receive home visit hearing evaluations and hearing aid fittings only on the written recommendation of a physician. (9) (No change.) (10) Medicaid reimbursement for hearing aids shall be limited to eligible recipients whose air conduction puretone average in the better ear is 45dB or greater. sec.29.1502.Requirements for Hearing Aid Services. (a) Hearing aid services. Providers of hearing aid services must comply with all applicable federal and state laws and regulations, recognized professional standards, and the provisions cited in Subchapter A, of this chapter (relating to Medicaid Procedures for Providers), and Subchapter L, of this chapter (relating to General Administration), in addition to the conditions, specifications, limitations established by the Texas Department of Health (department) or its designee, and applicable requirements of their licensing authority. (1) Physicians. Physicians shall be reimbursed for all services covered by the Texas Program: examinations, hearing evaluations, and fitting and dispensing services. (2) Audiologists. Audiologists shall be reimbursed for hearing evaluations and fitting and dispensing services. (3) Fitters and dispensers. Fitters and dispensers shall be reimbursed for fitting and dispensing services. (b) Hearing evaluations. Hearing evaluations must be recommended by a physician based upon examination of the recipient. Reimbursement for hearing evaluations will be made only to physicians or licensed audiologists. The recipient must have a medical necessity for a hearing aid as stated in sec.29.1501(b)(10) of this title (relating to Benefits and Limitations) and have no medical contraindications to the recipient's ability to use and/or wear a hearing aid. (1) A physician who recommends a hearing evaluation must be licensed to practice medicine in the state where and when the evaluation is conducted. (2) The physician must indicate on the Physician Examination Report form if the recipient needs a hearing evaluation based on the examination of the recipient. Medicaid reimbursement for a hearing evaluation shall be based on the physician's recommendation that the hearing evaluation is medically necessary. (3) Providers must administer hearing evaluations using appropriate procedures as specified within their scope of practice and recognized professional standards. (4) Reimbursement for home visit hearing evaluations shall be made if the recipient's physician has documented that the recipient's medical condition prohibits traveling to the provider's place of business. (5) Providers of hearing evaluations must have a report in the recipient's record. Providers must include in the report hearing evaluation test data and a recommendation for the hearing aid most appropriate for the ear being amplified. If any of the criteria cited in this section cannot be met, providers must specify in the evaluation report the factors influencing or preventing assessments, and justify the recommendation for a hearing aid. (6) Hearing evaluations performed by fitters and dispensers are not reimbursable. If a fitter or dispenser performs a hearing evaluation on a recipient the recipient shall not be billed for the hearing evaluation. (c) Hearing aids. Providers must offer each recipient eligible for a hearing aid a new instrument that meets the recipient's hearing need and that is within the allowable fee paid by the Texas Medicaid Program. (1) Hearing aids above the maximum allowable fee. The department shall pay the maximum allowable fee paid by the Texas Medicaid Program toward hearing aids for recipients who meet the requirements cited at sec.29.1504(b)(2) of this title (relating to Reimbursement for Hearing Aid Services). (2) Warranty. Providers must ensure that each hearing aid purchased through the Texas Medicaid Program is a new and current model which meets the performance specification of the manufacturer and the hearing needs of the recipient. Providers must also ensure that each hearing aid is covered by a standard 12- month manufacturer's warranty, effective from the dispensing date. (3) Required package. Providers must dispense each hearing aid purchased through the Texas Medicaid Program with all necessary tubing, cords, and connectors; instructions for care and use; and a one-month supply of batteries. (4) Thirty-day trial period. Providers must allow each eligible recipient 30 days to determine if the recipient is satisfied with a hearing aid purchased through the Texas Medicaid Program. The trial period consists of 30 consecutive days from the dispensing date. Providers must inform recipients of the trial period and of the beginning and ending dates. (A) During the trial period, providers may dispense additional hearing aids, as medically necessary, until the recipient is satisfied with the results of the aid or the provider determines that the recipient cannot benefit from the dispensing of an additional hearing aid. A new trial period begins with the dispensing date of each hearing aid. (B) Providers may charge a rental fee for hearing aids returned during the trial period. (i) If a rental fee is charged, providers must assess the rental fee according to the rules and regulations established by the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments and the State Board of Examiners for Speech-Language Pathology and Audiology. (ii) If there is no signed agreement between the recipient and the provider specifying a greater amount, the maximum rental for eligible Medicaid recipients shall be $2 per day. This fee shall not be a covered benefit of the Texas Medicaid Program. Recipients shall be responsible for paying any rental fee assessed them for instruments returned during the 30-day period. Providers must keep in the recipient's file the signed certification acknowledging responsibility to pay hearing aid rental fees. (iii) Providers must comply with all procedures and directions provided by the department or its designee regarding forms and certifications required during the 30-day trial period. Providers must allow 30 days to elapse from the hearing aid dispensing date before completing a "30-day trial period certification statement," which is kept in the recipient's file. (5) Postfitting checks. The fitter and dispenser must perform a postfitting check of the hearing aid within five weeks of the initial fitting. The postfitting check is part of the dispensing procedure. (6) First revisit. The first revisit shall include a hearing aid check and/or counseling and is conducted as needed within six months of the postfitting check. (7) Second revisit. The second revisit shall be conducted as needed. The purpose of the second revisit is to make any necessary adjustments to the hearing aid or to continue counseling. 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 August 12, 1996. TRD-9611742 Susan K. Steeg General Counsel Texas Department of Health Effective date: September 3, 1996 Proposal publication date: February 20, 1996 For further information, please call: (512) 458-7236 PART II. Texas Department of Mental Health and Mental Retardation CHAPTER 406.ICF/MR Programs SUBCHAPTER D.Reimbursement Methology 25 TAC sec.406.151, sec.406.156, sec.406.157 The Texas Department of Mental Health and Mental Retardation (TDMHMR) adopts amendments to sec.406.151, sec.406.156, and sec.406.157 of Chapter 406, Subchapter D, governing reimbursement methodology, without changes as proposed in the June 18, 1996, issue of the Texas Register (21 TexReg 5535). The adopted amendments add language which creates a new reimbursement methodology for the state operated Intermediate Care Facilities/Mental Retardation (ICF/MR) facilities; transfers the responsibility for the determination of reimbursement rates from the Texas Board of Human Services to the Texas Board of Mental Health and Mental Retardation; deletes language regarding alternate children's facility reimbursement rates; and corrects the abbreviation used to reference the department. The adopted sections provide clarification of reimbursement methodology for the ICF/MR program. A public hearing was held on June 26, 1996, with no oral or written testimony presented. No comment were received regarding the adoption of the amendments. The amendments are adopted under the Texas Health and Safety Code, sec.532.015, which provides the Texas Mental Health and Mental Retardation Board with broad rulemaking authority, and under the provisions of Texas Government Code, Chapter 531, sec.531.021, which provides the Texas Health and Human Services Commission with the authority to administer federal medical assistance funds. 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 August 12, 1996 TRD-9611838 Ann Utley Chairman, Texas MHMR Board Texas Department of Mental Health and Mental Retardation Effective date: September 4, 1996 Proposal publication date: June 18, 1996 For further information, please call: (512) 206-4516