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 25.Agricultural Development Board SUBCHAPTER A.General Provisions 4 TAC sec.25.13 The Texas Department of Agriculture (the department) adopts the repeal of sec.25.13, concerning expiration provision, without changes to the proposed text as published in the July 23, 1996, issue of the Texas Register (21 TexReg 6863). The purpose of the repeal is to eliminate unnecessary regulations. The Agricultural Development Act is no longer a functional program. The repeal eliminates the expiration provision for Chapter 25 of the department's regulations. 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 September 18, 1996. TRD-9613645 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: October 9, 1996 Proposal publication date: July 23, 1996 For further information, please call: (512) 463-7583 TITLE 16. ECONOMIC REGULATION PART I. Railroad Commission of Texas CHAPTER 20.Administration SUBCHAPTER A.Contracts and Purchases 16 TAC sec.20.5 The Railroad Commission of Texas adopts new sec.20.5, relating to historically underutilized businesses, without changes to the version published in the July 12, 1996, Texas Register (21 TexReg 6403). The new section adopts by reference the rules of the Texas General Services Commission in 1 Texas Administrative Code, sec.sec.111.11 - 111.23, relating to historically underutilized business certification program, and promotes full and equal business opportunity for all businesses in state contracting. This rulemaking is required by the General Appropriations Act, House Bill 1, 74th Legislature, 1995, Section 111, titled "Contracting with Historically Underutilized Businesses." The commission received no comments on the proposal. The commission adopts the new section pursuant to Section 111, paragraph 5, General Appropriations Act, House Bill 1, 74th legislature, 1995, which requires state agencies to adopt the rules of the General Services Commission concerning historically underutilized businesses, and Texas Civil Statutes, Article 6447, which authorizes the commissioners to make all rules necessary for their government. The following articles, codes, and acts are affected by the adopted new section: sec.20.5 Section 111, General Appropriations Act, House Bill 1, 74th Legislature, 1995; Texas Civil Statutes, Article 6447; and Texas Government Code, Chapters 2155, 2158, 2161, 2162, 2166, 2252, and 2254. 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 September 17, 1996. TRD-9613612 Mary Ross McDonald Deputy General Counsel, Office of General Counsel Railroad Commission of Texas Effective date: October 8, 1996 Proposal publication date: July 12, 1996 For further information, please call: (512) 463-7008 TITLE 19. EDUCATION PART II. Texas Education Agency CHAPTER 145.Professional Environment SUBCHAPTER B.Employment Assurances 19 TAC sec.145.24 The Texas Education Agency (TEA) adopts the repeal of sec.145.24, concerning employment assurances for school district personnel, without changes to the proposed text as published in the June 14, 1996, issue of the Texas Register (21 TexReg 5421). The Texas Education Code grants classroom teachers and full-time librarians a duty-free lunch except in the event of a personnel shortage, extreme economic conditions, or an unavoidable or unforeseen circumstance. Section 145.24 provides guidelines for school districts regarding these exceptions. Senate Bill 1, 74th Texas Legislature, 1995, transferred authority for the information contained in this section from the State Board of Education to the commissioner of education. The repeal is necessary to comply with the sunset review process mandated by Senate Bill 1. New sec.153.1001 (relating to duty-free lunch) has been adopted under the authority of the commissioner of education. No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Education Code, sec.7.102, which authorizes the State Board of Education to review specified TEA rules. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 18, 1996. TRD-9613641 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Effective date: October 9, 1996 Proposal publication date: June 14, 1996 For further information, please call: (512) 463-9701 TITLE 22. EXAMINING BOARDS PART XXXIV. Texas Board of Licensure for Professional Medical Physicists CHAPTER 601.Medical Physicists 22 TAC sec.sec.601.2, 601.4, 601.8, 601.9, 601.19 The Texas Board of Licensure for Professional Medical Physicists (Board) with the approval of the Texas Department of Health (department) adopts amendments to sec.sec.601.2, 601.4, 601.8 and 601.9; and new sec.601.19, concerning licensed medical physicists and temporary licensed medical physicists. Sections 601.8 and 601.9 are adopted with changes to the proposed text as published in the June 18, 1996, issue of the Texas Register (21 TexReg 5518). Section 601.2, 601.4 and 601.19 are adopted without changes and therefore will not be republished. Specifically, the sections provide for the regulation of persons performing medical physics and cover definitions, fees, licensure by examination, temporary license; and establishes procedures for suspension and reinstatement of a license for failure to pay child support implementing House Bill 433, 74th Legislature, Chapter 751, sec.85. The rules add a definition for supervision; add a child support reinstatement fee; update and clarify existing language; clarify temporary license renewals; and establish procedures for suspension and reinstatement of license for failure to pay child support implementing House Bill 433, 74th Legislature, Chapter 751, sec.85. A summary of comments and the Boards response to the comments follows: COMMENT: A commenter questioned the intent of wording in sec.601.8(e) and (f) to include only the failed board examination. RESPONSE: The Board's intent was to only monitor failure of the board examination. No changes were made. COMMENT: Two comments were received regarding sec.601.9(c) and (d). The commenters concern was the number of times a temporary license could be renewed while in the exam process. RESPONSE: The board agrees and changed the wording in sec.601.9(d) to allow subsequent renewals during the examination process if appropriate documentation is submitted. The comments were received from the Division of Radiological Physics, Scott and White Clinic. Editorial changes were made to sec.601.8 for clarification purposes. The amendments and new section are adopted under the Texas Medical Physics Practice Act, Texas Civil Statutes, Article 4512n, sec.11, which requires the Texas Board of Licensure for Professional Medical Physicists to adopt rules, with the approval of the Texas Department of Health, that are reasonably necessary for the proper performance of its duties under the Texas Medical Physics Practice Act, Texas Civil Statutes, Article 4512n. sec.601.8 Licensure By Examination. (a) Eligibility. To be eligible to take a specialty examination for an annual license for a professional medical physicist, a person must: (1) (No change.) (2) have demonstrated, to the Texas Board of Licensure for Professional Medical Physicists (board) satisfaction, the completion of at least two years of full- time work experience; (3) have work experience in more than one specialty to include six additional months of full-time equivalent work experience in each specialty; and (4) submit a completed application as required by the Texas Medical Physicists Act (Act), sec.14. (b) Work experience. Full-time work experience shall be at least 32 hours per week in the specialty area. Part-time work experience may be aggregated in order to meet the minimum of 32 work hours per week. All work experience must have been completed in the five years preceding the date of application (the date of receipt of the application for an annual license or for the upgrade of a temporary license to an annual license) in the medical physics specialty for which application is made. (c) (No change.) (d) Approved specialty examination. (1) An applicant under this section must successfully complete one of the following examinations in each specialty for which application is submitted: (A) the examination in the specialty developed and administered by the board; or (B) -(E) (No change.) (2) (No change.) (e) Failure of board examination. If the applicant fails the board examination in a specialty area, the approval to take the board examination will be voided if the applicant does not take either or both of the next two board examinations and cannot document medical or physical reasons acceptable to the board for failure to take either of the next two board examinations. The applicant will be required to submit a new application for licensure before the applicant may take another examination. (f) Failure of more than one board examination. An applicant who fails three board examinations in a specialty area may not reapply for an additional examination in the specialty area until the applicant has demonstrated, to the board's satisfaction, the completion of at least one additional year of full- time work experience after the third failed examination. (1) (No change.) (2) The applicant must hold a temporary license in the specialty area during the work experience if the experience is gained in this state. (A) The applicant may be issued up to two additional temporary licenses only in order to gain the work experience required by this paragraph and to retake the examination once. (B) The applicant must take and pass the next examination offered after completion of the additional work experience. (C) Any temporary license issued under this subsection shall expire upon notification to the board that the applicant failed to apply for or failed to appear for the examination, upon notification to the applicant of his or her failure of the examination, or upon the issuance of his or her annual license if the examination was passed, whichever occurs first. (D) An applicant who completes the work experience within the first year the additional temporary license is issued under this subsection and for whom an examination is given and results released during that year is not entitled to any further temporary licenses in that specialty area. (3) In order to obtain an annual license the applicant must reapply for licensure under subsection (a) of this section and must take and pass an examination as set out in subsection (d) of this section. (g) Upgrade. Following successful completion of a medical physics specialty examination as set out in subsection (d) of this section and the relevant work experience, a temporary licensee may upgrade the temporary license to an annual license. (1)-(2) (No change.) (h) (No change.) sec.601.9. Temporary License. (a)-(b) (No change.) (c) Each temporary license may be renewed annually up to three times. The licenses do not have to be for consecutive years. (d) Subsequent renewals may be granted by the executive secretary if the licensee requests the renewal in writing prior to the expiration of the temporary license; and: (1) provides satisfactory evidence to the board that the renewal applicant has applied for or has been scheduled for the same specialty area examination(s) for which renewal is requested. (The examination must occur during the period in which the renewal would be effective); (2) provides satisfactory evidence to the board of continued efforts towards completion of an examination during the previous periods the licensee held a temporary license; and (3) submits to the board the completed renewal form and the renewal fee. (e) The application for renewal of a temporary license shall include information regarding the experience in the medical physics specialty completed by the renewal applicant during the previous one-year period. (f) The work experience must be under the supervision of a medical physicist holding an annual license in the specialty area. (g)-(h) (No change.) 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 September 16, 1996. TRD-9613568 Susan K. Steeg General Counsel Texas Board of Licensure for Professional Medical Physicists Effective date: October 7, 1996 Proposal publication date: June 18, 1996 For further information, please call: (512) 458-7236 TITLE 25. HEALTH SERVICES PART I. Texas Department of Health CHAPTER 181.Vital Statistics Miscellaneous Provisions 25 TAC sec.181.13 The Texas Department of Health (department) adopts new sec.181.13, relating to birth certificate form, content, and electronic transmission, without changes to the proposed text as published in the June 14, 1996 issue of the Texas Register (21 TexReg 5425). The section establishes the criteria for the items of information on certificates of birth and allows licensed facilities to electronically transmit information in lieu of printing a complete form. The new rule provides increased protection of sensitive personally identifiable medical and health information from inadvertent disclosure. A summary of comments received and the departments responses follows: Comment: Seven comments were received from hospitals; all were in favor of the rule with respect to patients rights of privacy and confidentiality. Response: The department agrees. Comment: Five comments were received from local registrars. Four were in favor of the short version because it will eliminate the need to scrutinize numerous records at a given time, thus decreasing errors from double-entry of information. One negative comment received misunderstood the proposed rule and wanted the Bureau to have laws to clearly state that certified copies cannot be issued with identifying medical and health information. Response: The department agrees with the first four commenters. In response to the fifth commenter, the department explained that a statute already exists. The commenters from hospitals were: Columbia Medical Center West, Medical Records, El Paso; Bee County Regional Medical Center, Medical Records, Beeville; Abilene Regional Medical Center, Health Information, Abilene; Columbia Woodland Heights Medical Center, Medical Records, Lufkin; Columbia Clear Lake Regional Medical Center, Medical Records, Webster; University Health System, Medical Records, San Antonio; and Columbia Bayshore Medical Center, Medical Records, Pasadena. The commenters from local registrars were: Waco - McLennan County, Public Health Director, Waco; City of Grapevine Vital Statistics, Grapevine; Collin County Clerk, McKinney; City of Bryan Vital Statistics, Bryan; and Jones County Clerk, Anson. The new sections is adopted under authority of the Health and Safety Code, sec.191.003, which provides the Board of Health with authority to adopt necessary rules for collecting, recording, transcribing, compiling, and preserving vital statistics, and sec.192.002 which provides the department the authority to prescribe the form and content of the birth certificate. 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 September 16, 1996. TRD-9613566 Susan K. Steeg General Counsel Texas Department of Health Effective date: October 7, 1996 Proposal publication date: June 14, 1996 For further information, please call: (512) 458-7236 CHAPTER 217.Milk and Dairy Grade A Milk Specifications 25 TAC sec.217.75 The Texas Department of Health (department) adopts an amendment to sec.217.75, concerning Grade "A" raw for retail milk dairy farms, without changes to the proposed text as published in the June 14, 1996 issue of the Texas Register (21 TexReg 5426). A correction of error to the proposed text of sec.217.75 was published in the July 5, 1996 issue of the Texas Register (21 TexReg 6265). The section provides for the regulation of Grade "A" raw for retail milk dairy farms. The amendment establishes a standard of where and under what conditions raw milk for retail (direct consumption) may legally be sold. Milk producers or dairy farms will be required to obtain a Grade "A" raw for retail milk permit and comply with all standards before raw milk for retail may legally be sold directly to the public. The section will provide assurance that Grade "A" raw for retail milk offered for sale within the State of Texas will be of higher quality and offer a greater margin for safety from milkborne diseases. No comments were received regarding the proposal of this rule. The amendment is adopted under Health and Safety Code sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for performance of every duty imposed by law on the Texas Board of Health, the department, and the Commissioner of Health. 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 September 16, 1996. TRD-9613567 Susan K. Steeg General Counsel Texas Department of Health Effective date: October 7, 1996 Proposal publication date: June 14, 1996 For further information, please call: (512) 458-7236 TITLE 28. INSURANCE PART I. Texas Department of Insurance CHAPTER 3.Life, Accident, and Health Insurance SUBCHAPTER T. Minimum Standards for Medicare Supplement Policies 28 TAC sec.3.3312 The Texas Department of Insurance adopts repeal of sec.3.3312, concerning minimum standards for Medicare supplement policies, without changes to the proposed repeal of the section as published in the May 14, 1996, issue of the Texas Register (21 TexReg 4212). Repeal of sec.3.3312 is necessary because the provisions of sec.3.3312 provide for transitional requirements for the conversion of Medicare supplement insurance benefits and premiums to conform to Medicare program revisions, including the enactment in 1988, and subsequent repeal in 1989, of the Medicare Catastrophic Coverage Act of 1988. Such provisions are no longer necessary or essential to the overall regulatory framework for Medicare supplement coverages. Repeal of sec.3.3312 will result in greater uniformity of the department's Medicare supplement rules with the federal regulations by elimination of a section which is obsolete and outdated. No comments were received on the proposed repeal as published. The repeal is adopted under the Insurance Code, Articles 3.74 and 1.03A. Article 3.74 provides that the department shall issue reasonable rules to establish specific standards for provisions of Medicare supplement policies, including requirements that are at least equal to those required by federal law, and to establish standards to the extent necessary for the state to obtain or retain certification as a state with an approved regulatory program under 42 U.S.C. sec.1395ss. Article 1.03A provides that the Commissioner of Insurance may adopt rules and regulations to execute the duties and functions of the Texas Department of Insurance as authorized by statute. 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 September 18, 1996. TRD-9613659 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Effective date: October 9, 1996 Proposal publication date: May 14 ,1996 For further information, please call: (512) 463-6327 SUBCHAPTER W. Miscellaneous Rules for Group and Individual Accident and Health Insurance Required Disclosure Statement for Policies that are not Medicare Supplement Policies 28 TAC sec.3.3614 The Texas Department of Insurance adopts new sec.3.3614, relating to the required disclosure statement for policies that are not Medicare supplement policies, without changes to the proposed text of the section as published in the May 14, 1996, issue of the Texas Register (21 TexReg 4212). The section is necessary to transfer from Subchapter T of this chapter to Subchapter W of this chapter the notice requirements for the content and format of the required disclosure statement which must be provided to inform prospective buyers of health insurance policies about the nature and character of certain health coverages that are not Medicare supplement coverages. The transfer of such notice requirements is necessary because the notice proposed in sec.3.3614 relates to coverages which are not Medicare supplement coverages, while Subchapter T contains provisions designed to address minimum standards for coverages which are primarily designed, marketed and sold to supplement Medicare benefits. The new section results in a more appropriate location in the Texas Administrative Code for the notice requirements, thereby resulting in the more effective disclosure to prospective insureds of the fact that certain health coverages are not Medicare supplement coverages and making it possible for them to make a more informed choice regarding the decision to purchase health coverages. Adopted sec.3.3614 sets out the purpose, scope, form and language of the required notice and disclosure statement for accident and health policies that are not Medicare supplement. No comments were received on the proposal as published. One interested party requested a hearing on the proposed section. The consideration of proposed new 28 TAC sec.3.3614 was heard August 21, 1996 as Docket Number 2236. No interested person commented at the hearing. The new section is adopted pursuant to the Insurance Code, Articles 3.74, 3.70-3 and 1.03A. Article 3.74, sec.5(d) provides that the department may promulgate reasonable rules for captions or notice requirements determined to be in the public interest and designed to inform prospective insureds, subscribers, or enrollees that particular coverages are not Medicare supplement coverages. Article 3.70-3 authorizes the department to adopt rules and regulations for the filing an submission of health insurance policies as are necessary, proper or advisable. Article 1.03A authorizes the Commissioner to adopt rules and regulations for the conduct and execution of the duties and functions of the department as authorized by statute. 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 September 18, 1996. TRD-9613653 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Effective date: October 9, 1996 Proposal publication date: May 14 ,1996 For further information, please call: (512) 463-6327 CHAPTER 5.Property and Casualty Insurance SUBCHAPTER . Temporary Rate Reduction for Certain Lines of Insurance 28 TAC sec.5.14011 The Commissioner of Insurance of the Texas Department of Insurance adopts new sec.5.14011, concerning temporary rate reductions for certain lines of insurance. The section is adopted without changes to the proposed text as published in the July 26, 1996 issue of the Texas Register (21 TexReg 6936). The 73rd and 74th Texas legislatures passed several bills intended to reform the civil justice system of this state and to result in reductions in the cost of litigation and in the size of judgments. This effort is commonly called "tort refo7rm". To ensure that savings from tort reforms are passed on prospectively to Texas policyholders, the legislature enacted what is now codified as Article 5.131, Texas Insurance Code. That Article requires the commissioner of insurance to hold an annual hearing and to issue rules on or before October 1 of each year mandating the appropriate rate reductions to rates for certain lines and sublines of liability coverage described in the article. In 1995, the agency and other interested parties engaged in extensive study and review of available data to determine the appropriate percentage of rate reductions for policies effective in 1996. In October, 1995, after extensive study and a two day public hearing, the commissioner adopted new rules, 28 TAC sec.sec.5.14000-5.14010, which apply to policies effective on or after January 1, 1996. Those sections set forth the calculation and application of the amount of the rate reduction for certain lines of insurance necessary for insurers to pass through to policyholders, on a prospective basis, the reduction in loss and allocated loss adjustment expense anticipated from recent tort reform legislation. They also establish filing requirements and provide for administrative relief. Because most of the reforms have been in effect less than a year and there are no new data reflecting the effect of the reforms on insurance losses, the commissioner determined to continue the 1996 rate reduction percentages in effect for the coming year. New sec.5.14011 is necessary to effect the continuation in 1997 of the loss and allocated loss adjustment expense (ALAE) reduction percentages enacted in sec.5.14004. All of the sections enacted last year will remain in effect. New sec.5.14011 provides that the loss and ALAE reduction percentages by line as set forth in sec.5.14004 will be used to calculate the rate reduction factor to be applied to the rate or charge for each policy effective on and after January 1, 1997. The department received three written comments on the proposed rule, each of which supports adoption of the rule without changes. An additional commenter did not submit written comments but testified at the public hearing in support of the proposed rule. At the August 27, 1996 public hearing, one of the groups that had submitted written comments also presented actuarial testimony supporting the current rate reduction percentages and arguing against enacting scaled rates for personal auto policies based on the limits of coverage. The agency agrees with the statements that the current loss and ALAE provisions underlying the rates are reasonable and should remain in effect for 1997 and agrees to study for next year's hearing the issue of whether personal auto rate reduction percentages should be scaled according to policy limits. For: Alliance of American Insurers, Consumers Union, National Association of Independent Insurers, Office of Public Insurance Counsel. Against: None. The new section is adopted under the Insurance Code, articles 5.131, 5.98 and 1.03A. Article 5.131 enacted by the 74th Legislature requires the commissioner to hold a hearing, on or before September 1 of each year to determine the appropriate rate reductions for certain lines of insurance to pass through, on a prospective basis, the savings that accrue from tort reform legislation enacted in the regular sessions of the 73rd and 74th legislatures. Article 5.98 authorizes the commissioner to adopt rules to accomplish the purposes of Chapter 5. Article 1.03A authorizes the commissioner of insurance to promulgate and adopt rules and regulations for the conduct and execution of the duties and functions of the department. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 18, 1996. TRD-9613652 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Effective date: October 9, 1996 Proposal publication date: May 14 ,1996 For further information, please call: (512) 463-6327 TITLE 31. NATURAL RESOURCES AND CONSERVATION PART II. Texas Parks and Wildlife Department CHAPTER 53. Finance 31 TAC sec.53.50 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, July 11, 1996, adopted new sec.53.50, concerning Texas Freshwater Fisheries Center admission fees without change to the proposed text as published in the June 7, 1996, issue of the Texas Register (21 TexReg 5146). The new section establishes fees necessary for maintaining the level of services now provided by the department. Further, the goal in establishing the fee is that of providing self-sufficiency in operation and maintenance of the Texas Freshwater Fisheries Center. The new section as proposed sets general admission fees for the Texas Freshwater Fisheries Center and sets requirements for student groups seeking entrance to the Center. The department received no public comment concerning the proposed rule. The new section is adopted under authority of Parks and Wildlife Code sec.11.027(c) which allows the department to acquire and resell items if a profit can be made, to provide funding for programs administered by the department. The entrance fee will entitle persons to a Texas Freshwater Fisheries Center Commemorative Token which provides tour privileges at the Center. 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 September 16, 1996. TRD-9613578 Bill Harvey Regulatory Coordinator Texas Parks & Wildlife Department Effective date: October 7, 1996 Proposal publication date: June 7, 1996 For further information, please call: (512) 389-4642 CHAPTER 65. Wildlife SUBCHAPTER N. Migratory Game Bird Proclamation 31 TAC sec.65.317, sec.65.318 The Texas Parks and Wildlife Commission adopts new sec.65.317 and sec.65.318, concerning Migratory Game Bird Proclamation, with changes to the proposed text as published in the April 16, 1996, issue of the Texas Register (21 TexReg 3319). The change to sec.65.317 makes nonsubstantive changes to terminology and organization. The change to sec.65.318 makes housekeeping changes to terminology, creates an open season on Canada geese in Anderson and Henderson counties, modifies season dates, and alters certain bag and possession limits in the implementation of the commission policy of adopting the most liberal regulations possible under regulatory frameworks imposed by the U.S. Fish and Wildlife Service. The new sections are necessary to eliminate duplication, restructure and reorganize regulatory provisions in the interest of promoting user-friendliness, and to establish the season dates, shooting hours, and bag limits for late season migratory species during the 1996-1997 hunting season. The new sections will function to establish legal species, zone boundaries, means and methods, season dates, shooting hours, and bag limits for the harvest of migratory game birds. The department received a total of 228 comments concerning adoption of the rules. Eighteen commenters requested some type of zone or boundary change. The department responds that with respect to zones and boundaries for all species except ducks, coots, and mergansers, the department is committed to the present zones and boundaries. Although the department had the option this year of splitting eastern Texas into north and south zones for duck hunting, staff determined after analyzing public comment that the need for such a split was not clear and that the length of the current season reduces the necessity for such action at this time. No changes were made as a result of the comments. Two hundred and four commenters requested various opening dates and/or split seasons for late season migratory game bird species. The department responds that dates adopted by the commission reflect a staff recommendation that seeks to equitably distribute harvest opportunity among the greatest number of hunters while taking into account the environmental factors influencing the movement of migratory birds in the state. No changes were made as a result of the comments. One commenter requested that the daily bag limit for light geese be set at ten in the Western Goose Zone. The department responds that the commission adopted a bag limit of ten birds in the Western Zone. One commenter was opposed to any change in zones and boundaries. The department responds that no changes were made to existing zones and boundaries. One commenter requested later shooting hours for light geese in the Eastern Goose Zone. The department responds that the frameworks established by the U.S. Fish and Wildlife Service specify that shooting hours shall not extend past sundown. No changes were made as a result of the comment. One commenter opposed a split season for ducks. The department responds that a split season was preferred by a majority of hunters and that the department institutes a split season to offer greater opportunity to hunters. No changes were made as a result of the comment. One commenter opposed any increases in season length or bag limits. The department responds that the commission policy is to adopt the most liberal regulations possible within the frameworks imposed by the U.S. Fish and Wildlife Service. No changes were made as a result of the comments. One commenter requested that the duck season opening date be set so as not to conflict with the South Zone opening date for deer season. The department responds that no such conflict exists. The new sections are adopted under Parks and Wildlife Code, Chapter 64, Subchapter C, which provides the Commission with authority to regulate seasons, means, methods, and devices for taking and possessing migratory game bird wildlife resources. sec.65.317. Zones and Boundaries for Late Season Species. (a) Ducks, mergansers, and coots. (1) High Plains Mallard Management Unit: that portion of Texas lying west of a line from the international toll bridge at Del Rio, thence northward following U.S. Highway 277 to Abilene, State Highway 351 and State Highway 6 to Albany, and U.S. Highway 283 from Albany to Vernon, thence eastward along U.S. Highway 183 to the Texas-Oklahoma state line. (2) The remainder of the state. (b) Geese. (1) Western Zone: that portion of the state lying west of a line from the international toll bridge at Laredo, thence northward following IH 35 and 35W to Fort Worth, thence northwest along U.S. Highways 81 and 287 to Bowie, thence northward along U.S. Highway 81 to the Texas-Oklahoma state-line (2) Eastern Zone: the remainder of the state. (c) Sandhill cranes. (1) Zone A: that portion of Texas lying west of a line beginning at the international toll bridge at Laredo, thence northeast along U.S. Highway 81 to its junction with Interstate Highway 35 in Laredo, thence north along Interstate Highway 35 to its junction with Interstate Highway 10 in San Antonio, thence northwest along Interstate Highway 10 to its junction with U.S. Highway 83 at Junction, thence north along U.S. Highway 83 to its junction with U.S. Highway 62, 16 miles north of Childress, thence east along U.S. Highway 62 to the Texas- Oklahoma state line. (2) Zone B: That portion of Texas lying within boundaries beginning at the junction of Interstate Highway 35 and the Texas-Oklahoma state line, thence south along Interstate Highway 35 (following Interstate Highway 35 West through Fort Worth) to its junction with Interstate Highway 10 in San Antonio thence northwest along Interstate Highway 10 to its junction with U.S. Highway 83 in Junction, thence north along U.S. Highway 83 to its junction with U.S. Highway 62, 16 miles north of Childress, thence east along U.S. Highway 62 to the Texas- Oklahoma state line, thence eastward along the Texas- Oklahoma state line to Interstate Highway 35. (3) Zone C: that portion of Texas lying within boundaries beginning at the international toll bridge at Brownsville, thence north and east along U.S. Highway 77 to its junction with U.S. Highway 87 at Victoria, thence eastward along U.S. Highway 87 to its junction with Farm Road 616 at Placedo, thence north and east along Farm Road 616 to its junction with State Highway 35, thence north and east along State Highway 35 to its junction with State Highway 6 at Alvin, thence west and north along State Highway 6 to its junction with U.S. Highway 290, thence westward along U.S. Highway 290 to its junction with Interstate Highway 35 at Austin, thence south along Interstate Highway 35 to its junction with U.S. Highway 81 in Laredo, thence southwest along U.S. Highway 81 to the international toll bridge in Laredo, thence south and east along the U.S.-Mexico international boundary to its junction with the U.S. Highway 77 international toll bridge at Brownsville. (d) Woodcock: statewide. (e) Common snipe (Wilson's snipe or jacksnipe): statewide. sec.65.318. Open Seasons and Bag and Possession Limits - Late Season. The possession limit for all species listed in this section shall be twice the daily bag limit, except for light geese. The possession limit for light geese shall be four times the daily bag limit. (1) Ducks, mergansers, and coots. The daily bag limit for ducks is five, which may include no more than one mallard hen or one Mexican mallard (Mexican duck) hen, one mottled duck, one pintail, two redheads, one canvasback, and two wood ducks. The daily bag limit for coots is 15. The daily bag limit for mergansers is five, which may include no more than one hooded merganser. (A) High Plains Mallard Management Unit: October 26-29, 1996 and November 2, 1996 - January 19, 1997. (B) The remainder of the state: November 16-December 1, 1996 and December 7, 1996 - January 19, 1997. (2) Geese. (A) Western Zone. (i) Light geese: November 2, 1996 - February 16, 1997. The daily bag limit for light geese is ten. (ii) Dark geese: November 2, 1996 - February 16, 1997. The daily bag limit for dark geese is five, which may not include more than four Canada geese and one white-fronted goose. (B) Eastern Zone. (i) Light geese: November 2, 1996 - February 16, 1997. The daily bag limit for light geese is ten. (ii) Dark geese: November 2, 1996 - January 26, 1997. The daily bag limit for dark geese is two, which may not include more than one Canada goose and one white- fronted goose. During the period January 20-26, 1997, the daily bag limit is one Canada goose and one white-fronted goose, or two Canada geese. (3) Sandhill cranes. A special permit, issued free of charge by the Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, is required of any person to hunt, shoot, or kill sandhill cranes in areas where an open season is provided under this proclamation. Permits will be issued on an impartial basis with no limitation on the number of permits that may be issued. The daily bag limit is three. (A) Zone A: November 9, 1996 - February 9, 1997. (B) Zone B: November 30, 1996 - February 9, 1997. (C) Zone C: January 4, 1997 - February 9, 1997. (4) Woodcock: November 28, 1996 - January 31, 1997. The daily bag limit is five. (5) Common snipe (Wilson's snipe or jacksnipe): October 19, 1996 - February 2, 1997. The daily bag limit is eight. 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 September 16, 1996. TRD-9613577 Bill Harvey, Ph.D. Regulatory Coordinator Texas Parks & Wildlife Department Effective date: October 7, 1996 Proposal publication date: April 16, 1996 For further information, please call: (512) 389-4642 CHAPTER 69. Resource Protection The Texas Parks and Wildlife Commission in a regularly scheduled public hearing August 29, 1996, adopted repeal of sec.sec.69.20-69.31 and new sec.sec.69.20- 69.30, concerning fish and wildlife values. Repeal of sec.sec.69.20-69.31 and new sec.sec.69.23, 69.26-69.28 were adopted without change to the text as proposed in the April 12, 1996, issue of the Texas Register (21 TexReg 3150). Proposed new sec.69.30 was adopted without change from the text proposed in the June 25, 1996, issue of the Texas Register (21 TexReg 5848). Adopted new sec.sec.69.20, 69.21-69.22, 69.24-69.25, and 69.29 were adopted with changes to proposed text. Adopted change in sec.69.20(b), concerning Application, includes trophy game animals as a category of animals which may be valued for civil restitution. Change in sec.69.21, concerning Definitions, deletes the term replacement value as it is considered synonymous with basic value for the purposes of these rules. Change in sec.69.22(d), concerning Wildlife - Recovery Values, the upper range of the adjusted criteria score range was adjusted by adding 0.9 to the upper value for each value range. This mathematical adjustment eliminates arbitrary decisions about which value to seek for civil restitution when a criteria score falls between the upper value for one level and the lower value for another value. Change in adopted sec.69.24 (a), deletes the term replacement value in description of the source of information for basic values. Replacement value is considered synonymous with basic value and therefore it is unnecessary to repeat it in the rule. In sec.69.24(b), the basic value for noncommercial shellfish was related only to the basic value for freshwater or saltwater forage fish. The sources for basic value for noncommercial shellfish now may include basic values which we may find in the future for noncommercial shellfish which are taxonomically or ecologically-related to the species being valued and sec.69.24(c) was added to clarify how basic values will be adjusted for inflation. Change in sec.69.25 (b) includes clarification that the designation of recreational value for fish under this rule is only intended for purposes of civil restitution and sec.69.25 (c) was modified to clarify that recreational value would only be adjusted for inflation up to the time at which the fish were killed and not to the time at which a civil restitution request was made of a responsible party. Change in adopted sec.69.25 (d) clarifies that recreational value calculations for fish with high recreational value as represented by the availability of substantial and adequate catch per unit effort data for that particular species would include the catch per unit effort information in the calculation. Change in adopted sec.69.29 combines the lists of fish designated as having recreational value and those having exceptional recreational value into one list of fish designated as having recreational value for purposes of civil restitution. The department is authorized to seek civil restitution for fish, wildlife and animals which have been illegally killed, injured, damaged or taken. Frequently large numbers of fish are killed by illegal discharges of wastewater or other types of pollution such as chemical spills. Civil restitution also may be sought by the department for fish and wildlife which are taken illegally by fishermen and hunters. The rule describes how the department will assign monetary value to fish and wildlife for the purpose of obtaining civil restitution. The rules as adopted are necessary to implement the system of assessing and collecting restitution value for fish and wildlife taken in violation of the Parks and Wildlife Code or the Water Code. The rules also establish a fair market value for trophy wildlife species. The new rules as adopted should enhance the department's ability to recover restitution amounts assessed as a result of illegal take of fish and wildlife species and increase recovery of costs related to loss of fish and wildlife resulting from illegal take of these species. The Department received one comment letter from Texas Utilities (TU). TU supports use of the midpoint value for wildlife. TU recommends using Texas- specific data to determine the basic value for recreational fish. (1) TU recommends assigning negative values or $0 values to nuisance species. For example, if someone kills 1000 common carp during a pollution incidence, they should not have to pay any restitution for those fish since they are generally considered a nuisance. (2) TU recommends standardizing the scoring criteria and weighting factors for wildlife values. Wildlife Division is currently in the process of evaluating this process. (3) TU recommends elimination of the "complicated formula" for calculation of recreational value. (4) TU recommends more flexibility into the regulations for restoration or mitigation of damage. The new sections as adopted provide a much more limited list of recreational species of fish compared to the repealed rule which would assign recreational value to any species of fish with a state angling record in Texas. (1) The new rule addresses the issue of nuisance species by restricting the number of fish species which are designated as having recreational value. For example, carp are much lower in value under the adopted rules than under provisions of the repealed rules. (2) The formula for computed values allows TPWD much greater flexibility in determining the values of different species. The implementation document produced in conjunction with the rule will make it clear how value is calculated. Additionally the department will have the ability to provide copies of a very large table listing the values of each size class of each species. (3) The rule does not specifically state how the value of the lost fish and wildlife should be reimbursed to the state. (4) The department provides substantial flexibility to responsible parties to allow them to compensate the state for lost value. Fish and Wildlife Values 31 TAC sec.69.20-69.31 The repeals are adopted under Parks and Wildlife Code, sec.12.302 and Water Code sec.26.124 which provides Parks and Wildlife Commission authority to promulgate rules to establish guidelines for determining the value of injured or destroyed fish, shellfish, reptiles, amphibians, birds and animals. This agency hereby certifies that the adoption as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 16, 1996. TRD-9613579 Bill Harvey Regulatory Coordinator Texas Parks & Wildlife Department Effective date: October 7, 1996 Proposal publication date: April 12, 1996 For further information, please call: (512) 389-4642 31 TAC sec.sec.69.20-69.29 The new rules are adopted under Parks and Wildlife Code, sec.12.302 and Water Code sec.26.124 which provide Parks and Wildlife Commission authority to promulgate rules to establish guidelines for determining the value of injured or destroyed fish, shellfish, reptiles, amphibians, birds and animals. sec.69.20. Application. (a) Rules under this subchapter establish guidelines for measuring the monetary value of each individual of any species of aquatic life or wildlife: (1) unlawfully killed, caught, taken, possessed or injured in violation of the Parks and Wildlife Code or in violation of any regulation adopted under authority of the Parks and Wildlife Code; or (2) normally taken for commercial or recreational purposes, or any species on which aquatic life or wildlife is directly dependent for food, where a violation of the Texas Water Code is determined to be a proximate cause of injury to such species. (b) The values assigned to wildlife species or aquatic species, including any value added for endangered or threatened species or trophy game animals, and values of other species not listed but derived by application of these guidelines are prima facie evidence of damages recoverable for the unlawful catching, killing, possession, injury or taking of such species. sec.69.21. Definitions. The following words or terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: Basic value - The cost required to grow a fish to a particular size. Commercial species- These species of fish, shellfish, and wildlife normally taken for sale rather than for recreational purposes. Department-The Texas Parks and Wildlife Department. Endangered species - All species listed at sec.sec.65.181-65.184 of this title (relating to Endangered Species). Forage species- Those species upon which other aquatic life or wildlife directly depend for food. Minimum hookable total length —The minimum total length of a fish that is normally caught and released or caught and landed for recreation. The minimum hookable total length is six inches for all species except sunfish which shall have a minimum hookable total length of five inches. Recovery value - The total value of an individual of a particular size and species. The recovery value is the value of a species at the time it was illegally killed, caught, taken, possessed, or injured. Threatened species - All species listed at sec.sec.65.171-65.177 of this title (relating to Regulations for Taking Possessing, and Transporting Protected Nongame Species). sec.69.22. Wildlife - Recovery Values. (a) Each species of bird, reptile, amphibian, or animal shall be assigned a score of 0-3 for each of eight scoring criteria. The sum of the scores for the eight criteria (subsection (b) of this section) shall be multiplied by a weighting factor (subsection (c) of this section), and the resulting adjusted criteria score is compared to the monetary scale (subsection (d) of this section) to obtain a monetary value. (b) For scoring criteria listed in paragraphs (1)-(8) of this subsection, a species which is not sought at all shall be scored as 0, while a highly sought species shall be scored 3. (1) Recreation. The extent to which a species is actively sought by users with wildlife interests. Scoring considers both harvest and nonharvest use of a species. (2) Aesthetic. The social value of wildlife species. These values represent wildlife species' beauty or unique natural history. Aesthetic values for these species exist whether or not a person ever would encounter one in its natural habitat. (3) Educational. The educational value of a species arising from, for example, published materials and other audio-visual media about the species, displays in zoos, or the relative frequency with which the species is used to exemplify important curricula principles. (4) Scarcity. The relative population of a species within the range of its habitat, from abundant to scarce. (5) Environmental Tolerance. The ability of a species to tolerate normal changes in climate, topography, water regimes or other ecological factors which may limit range and population. (6) Economics. The direct or indirect economic benefit attributable to the species as a result of recreational or legal transactions. (7) Recruitment. Reproductive and survival potential of a species as it relates to the capability for replacement of its population following decrease or loss. (8) Ecological role. A species' relationships with other life forms--and the species contribution to a healthful and stable balance of nature. Widely- consumed forage species score high, as do predators which control prey species populations. Forage species that are not widely consumed score low, as do predators which contribute little to regulation of prey populations. (c) The individual scores for the criteria are summed to derive a total criteria score. The total criteria score is multiplied by a weighting factor which adjusts the summed criteria score for variance in public demand and/or perception of value for a species. The weighting factor relates the overall demand for a species to its existing supply and to future opportunity for public use. The weighting factors are: (1) 1.0 - Abundant. No additional public demand or perception of value exists beyond that reflected by the eight criteria in subsection (b) of this section; (2) 1.1 - Frequent. Minor disparity exists between resource availability and public interest and the public demand fluctuates periodically around an equilibrium point; (3) 1.3 - Rare. Substantial disparity exists between available supply and identified public interest in species that are subject to ongoing management programs; (4) 1.5 - Scarce. The species populations are never expected to meet identified demands or needs, or management programs for a limited species are not fully developed with respect to planned recreational opportunity and economic contribution. (d) The total criteria score multiplied by the weighting factor in subsections (a)-(c) of this section, provides an adjusted criteria score and corresponding recovery value for each species. Figure 1. 31 TAC sec.69.22(d) sec.69.24. Basic Value. (a) Basic value shall be obtained from the most recent edition of the American Fisheries Society's special publication describing investigation and valuation of fish kills, except; (1) the basic value for freshwater fish which do not have a basic value published in the most recent edition of the American Fisheries Society's special publication shall be the basic value of a taxonomically or ecologically related species for which a basic value is available. (2) the basic value for saltwater fish not listed in the publication shall be the basic value of a taxonomically or ecologically related species for which a basic value is available, or on the commercial value of red drum produced in aquaculture facilities, whichever is most applicable. (b) The basic value for shellfish without commercial value is equal to the basic value for freshwater or saltwater forage fish or for a taxonomically or ecologically related species for which a basic value is available. (c) The basic value is adjusted for inflation by multiplying it by the quotient of the Consumer Price Index when the fish were killed, divided by the Consumer Price Index at the time data were collected to determine the basic value. sec.69.25.Aquatic Life - Recovery Value. (a) The recovery value for an individual fish of a species which does not have recreational value shall be equal to its basic value. (b) The recovery value of an individual fish shall be determined by adding the fish's basic and recreational value for species which the Commission has designated as having recreational value for the purpose of civil restitution. (c) Recreational value for an individual fish is calculated by dividing the average value of an hour of fishing by the difference in total length between the state record fish and minimum hookable total length for that species and then multiplying that quotient by the total length in inches of the individual fish being valued, minus the minimum hookable total length for that species. This product is then adjusted for inflation by multiplying it by the quotient of the Consumer Price Index when the fish were killed, divided by the Consumer Price Index at the time data were collected to determine the average value of an hour of fishing. (d) Recreational value of fish for which substantial and adequate catch per unit effort data are available will be calculated by multiplying the recreational value derived using subsection (c) of this section by the reciprocal of the Catch Per Unit Effort for that species in Texas. (e) When legal means and methods were used to catch the fish, but the number of individuals taken exceeds legal daily bag, catch, or possession limits, recovery values will be applied to the number of fish in excess of the legal limit. sec.69.29. Computed Values for Selected Species. The Tables for Computed Values for Selected Species and the list of those fish species designated as having recreational value are incorporated by reference. These may be obtained by contacting Law Enforcement Division, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, TX, 78744. 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 September 16, 1996. TRD-9613581 Bill Harvey Regulatory Coordinator Texas Parks & Wildlife Department Effective date: October 7, 1996 Proposal publication date: April 12, 1996 For further information, please call: (512) 389-4642 31 TAC sec.69.30 The new rule is adopted under Parks and Wildlife Code, sec.12.302 and Water Code sec.26.124 which provide Parks and Wildlife Commission authority to promulgate rules to establish guidelines for determining the value of injured or destroyed fish, shellfish, reptiles, amphibians, birds and animals. 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 September 16, 1996. TRD-9613580 Bill Harvey Regulatory Coordinator Texas Parks & Wildlife Department Effective date: October 7, 1996 Proposal publication date: June 25, 1996 For further information, please call: (512) 389-4642 PART I. Texas Department of Public Safety CHAPTER 14.School Bus Transportation The Texas Department of Public Safety adopts new sec.sec.14.1, 14.2, 14.11- 14.14, and 14.31-14.36, concerning minimum eligibility requirements a person must meet to be employed as a school bus driver. Sections 14.1, 14.2, and 14.14 are adopted with changes to the proposed text as published in the June 11, 1996, issue of the Texas Register (21 TexReg 5247). New sec.sec.14.11-14.13, and sec.sec.14.31-14.36 are adopted without changes and will not be republished. The justification for the sections will be the training and employment of eligible school bus drivers. In sec.14.1, Figure 1: 37 TAC 14.1(1) is changed to include a reference to these rules in the "Medical Examiners Certificate", Figure 3: 37 TAC 14.1(3) page 9 of 12 and page 10 of 12 are changed from a driving record "Type 3" example to a "Type 4" driving record example and in Figure 6: 37 TAC 14.1(6) additional clarification is needed to identify the signature line for the training coordinator. In sec.14.2, the department has determined that additional clarification is necessary to define the term "School Bus" and "Enrollment Certificate". In sec.14.14(a)(1) the department changes its policy of providing a "Type 3" driver history to a complete driver history. The new sections implement the provisions of Senate Bill 1, 74th Legislature, 1995, which amended Texas Education Code, sec.34.007 and sec.22.084 and amended Texas Civil Statutes, Article 6687b, sec.5(a), recodified as Texas Transportation Code, sec.521.022. These statutes require the Texas Department of Public Safety to adopt rules and procedures necessary for determining school bus driver employment eligibility and school bus driver training program requirements. These rules set forth procedures for determining school bus driver employment eligibility requirements, medical examination requirements, and the appeals process regarding medical disqualification of a school bus driver, minimum driving record qualifications, and school bus driver training program requirements. No comments were received regarding adoption of the new sections. SUBCHAPTER A.General Provisions 37 TAC sec.14.1, sec.14.2 The new sections are adopted pursuant to Texas Civil Statutes, Article 6687b, sec.5(a), recodified as Texas Transportation Code, sec.521.022, which require the Texas Department of Public Safety to adopt rules and procedures necessary for determining school bus driver employment eligibility and school bus driver training program requirements. sec.14.1.Appendix. The following figures apply to Chapter 14 School Bus Transportation: (1) Medical Examination Report for School Bus Drivers; Figure 1: 37 TAC sec.14.1(1); (2) Request for Special Consideration of Medical Disqualification as a School Bus Driver; Figure 2: 37 TAC sec.14.1(2); (3) School Bus Driver's Driving Record Evaluation; Figure 3: 37 TAC sec.14.1(3); (4) Instructor's Certificate for School Bus Driver Training in Texas; Figure 4: 37 TAC sec.14.1(4); (5) School Bus Driver Training Verification; Figure 5: 37 TAC sec.14.1(5); (6) Texas School Bus Driver Training Certificate Example; Figure 6: 37 TAC sec.14.1(6); and (7) Application for School Bus Driver Enrollment Certificate, Figure 7: 37 TAC sec.14.1(7). sec.14.2.Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: Commission-The General Services Commission of the State of Texas. Department-The Texas Department of Public Safety. Director-The director of the Texas Department of Public Safety. Enrollment certificate-A valid provisional certificate issued by a training agency under the authority of the director indicating a person has enrolled in the School Bus Driver Training Program as described in sec.14.35 of this title (relating to Enrollment Certificates) and meets the requirements designated therein. Medical Advisory Board-The Medical Advisory Board of the Texas Department of Health. Physician-A person licensed to practice medicine by the Texas State Board of Medical Examiners or the correlating state authority designated by statute to license, regulate, and discipline physicians in another state of the United States of America. Practicing medicine-A person practicing medicine who: (A) shall publicly profess to be a physician or surgeon and shall diagnose, treat, or offer to treat any disease or disorder, mental or physical, or any physical deformity or injury by any system or method or to effect cures thereof; or (B) shall diagnose, treat, or offer to treat any disease or disorder, mental or physical, or any physical deformity or injury by any system or method or to effect cures thereof and charge therefore, directly or indirectly, money or other compensation. School bus-A bus owned or leased by a school district or county transportation system, or a bus operated by a private contractor under contract with a school district or county transportation system to transport students from school to home, or from home to school, or in connection with school-related activities, excluding a bus used in an urban area by a common carrier to transport students or a bus designed to accommodate more than 10 and less than 16 passengers (including the driver) which is used to transport students on school-related activities only; that: (A) on the date of manufacture, complied with the current requirements provided in the Texas School Bus Specifications handbook as developed, adopted, and published under authority of Texas Civil Statute, Article 6701d, sec.105(a), recodified as Texas Transportation Code, sec.547.701; or (B) currently meets the statutory equipment requirements of a school bus found in the Texas Transportation Code, sec.547.607 and sec.547.701, including a fire extinguisher, convex mirror and four alternately flashing red lights, and complies with the lighting and warning device equipment rules promulgated by the department as set forth in Subchapter D, sec.14.52 of this title (relating to standards). Training agency-The twenty Regional Education Service Centers in the state of Texas approved by the department to teach the School Bus Driver Training Program. Training certificate-A document issued under the authority of the director to a person indicating successful completion of the School Bus Driver Training Program approved by the department. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 9, 1996. TRD-9613572 Dudley M. Thomas Director Texas Department of Public Safety Effective date: October 7, 1996 Proposal publication date: June 11, 1996 For further information, please call: (512) 424-2890 SUBCHAPTER B.School Bus Driver Eligibility and Application Procedures 37 TAC sec.sec.14.11-14.14 The new sections are adopted pursuant to Texas Civil Statutes, Article 6687b, sec.5(a), re-codified as Texas Transportation Code, sec.521.022 which require the Texas Department of Public Safety to adopt rules and procedures necessary for determining school bus driver employment eligibility and school bus driver training program requirements. sec.14.14.Minimum Driving Record Qualifications. (a) The following standards have been established by the department as minimum requirements to be met by each person seeking to become employed or to remain employed as a school bus driver to drive any motor vehicle while in use as a school bus for the transportation of students: (1) the driver's license record of each school bus driver shall be evaluated at least annually by the employer or designated person. Schools may request a "Complete" driver history from the department. Penalty points shall be assessed for those entries which appear in the accompanying tables of traffic law violations and accident involvements according to the School Bus Driver's Driving Record Evaluation, Figure 3: sec.14.1(3) of this title (relating to Appendix). Any person who has accumulated ten or more penalty points shall be considered ineligible to transport students until such time as he/she may become qualified; and (2) an applicant for employment as a commercial motor vehicle driver must disclose to the employer any violations of motor vehicle laws or ordinances (other than violations involving only parking) of which the applicant was convicted or forfeited bond or collateral during the three years preceding the date the application is submitted and any serious traffic violations of which the applicant was convicted during the ten years preceding the date the application is submitted, as well as any suspension, revocation, or cancellation of any driving privilege that resulted from the conviction. For verification purposes, it is strongly recommended that driving records be secured for all new applicants that have held an out-of-state driver's license within the past seven years. These records should include all convictions which would result in mandatory suspension of a driver's license in Texas according to Table IV and Table V of Figure 3: sec.14.1(3) of this title (relating to Appendix). (b) In determining a person's eligibility to drive a school bus, the following standards shall apply in assessing penalty points for convictions of traffic law violations and accident involvements appearing on his/her current driving record: (1) convictions for violations included in Table I, Figure 3: sec.14.1(3) of this title, shall be assessed one penalty point for each occurrence if the date of the violation is within three years of the date of the driving record evaluation; (2) accident involvements included in Table II, Figure 3: sec.14.1(3) of this title, shall be assessed two penalty points if the date of occurrence is within three years of the date of the driving record evaluation. Persons disqualified because of penalty points assessed for accident involvement shall be notified of their right to a review; (3) convictions for violations included in Table III, Figure 3: sec.14.1(3) of this title, shall be assessed three penalty points for each occurrence if the date of the violation is within three years of the date of the driving record evaluation; (4) convictions for violations included in Table IV, Figure 3: sec.14.1(3) of this title, shall be assessed ten penalty points for each occurrence if the date of the violation is within seven years of the date of the driving record evaluation; and (5) convictions for violations included in Table V, Figure 3: sec.14.1(3) of this title, shall be assessed ten penalty points for each occurrence if the date of the violation is within five years of the date of the driving record evaluation. (c) The assessment of penalty points is not required for any entry which does not appear in the alphabetized table listings. However, any entry which is deemed comparable to one appearing in these tables should be assessed an equivalent number of penalty points. (d) Appeal procedure for assessment of points due to accident involvement. Two points should automatically be assessed for an accident involvement occurring within three years of the date of the driver record evaluation which appears on the driver history record. Applicants assessed two points for accident involvements appearing on their driving record may request a review by the person designated by the employer to determine if they were a cause of the accident(s). The applicant must identify the specific accident involvement(s) to be reviewed. Request a copy of the accident report(s) on the approved form, Request for Copy of Peace Officer's Accident Report (ST-90). Mail the form to Accident Records Bureau, Texas Department of Public Safety at the address listed on the form. The requested reports will be provided on a priority basis without charge. The designated person shall review information pertinent to the accident(s), which should include the Texas Peace Officer's Accident Report (ST- 3). In examining this report, consideration of such items as Charges Filed, Investigator's Narrative of What Happened, Diagram, and Factors/Conditions Contributing to the Accident should assist in making a determination as to whether or not the assessment of penalty points is appropriate. If the designated person reviews the accident report and any other pertinent information and determines that the applicant was not a cause of the accident(s), no penalty points shall be assessed. If the designated person determines that the applicant was a cause of the accident(s), two penalty points shall be assessed for each accident. The decision of the employer is final. (e) Appeal procedure for administrative disqualification. (1) Ten penalty points should automatically be assessed for any of the code entries listed in Table V, Figure 3: sec.14.1(3) of this title, that appear on the driver's license record of a school bus driver. Any persons disqualified from driving a school bus on the basis of penalty points assessed from an Administrative License Revocation (ALR) suspension or disqualification appearing on their driver's license record and who has properly filed an appeal, may request the points be withdrawn pending appeal of the ALR judge's decision. (2) The school bus driver must provide to the employer or designated person a file-stamped copy of the appeal filed with the State Office of Administrative Hearings and Texas Department of Public Safety. Once the designated person has confirmed that an appeal has been properly filed, the penalty points assessed for an ALR suspension or disqualification shall be removed from the applicant's driving record pending the final decision of the appeal if: (A) the applicant's driver's license has not been suspended as a result of any alcohol-related or drug-related enforcement contact (as defined in the Texas Transportation Code, sec.524.001) during the five years preceding the date of the person's arrest; and (B) the person has not been convicted during the ten years preceding the date of the person's arrest of an offense under: (i) Texas Civil Statutes, Article 6701l-1, as that law existed before September 1, 1994; (ii) Texas Penal Code, sec.19.05(a)(2), as that law existed before September 1, 1994; (iii) Texas Penal Code, sec.49.04; or (iv) Texas Penal Code, sec.49.07 or sec.49.08, if the offense involved the operation of a motor vehicle. (3) A withdrawal of the penalty points under this table is effective for not more than ninety days after the date the appeal petition is filed. On the expiration of the ninetieth day, the person designated by the employer shall assess ten penalty points. An extension of the ninety-day period or additional time shall not be allowed. (4) If, in the final decision of the court, the driver's license is not suspended/disqualified, no penalty points shall be assessed. If, in the final decision of the court, the driver's license is suspended or disqualified, ten penalty points shall be assessed for each suspension or disqualification arising from a separate arrest. (5) Credit for concurrent suspension arising from same alcohol-related incident. If a criminal conviction occurs that arises out of the same arrest as the ALR suspension/disqualification, the penalty points shall be assessed for the Table IV criminal conviction only. Any disqualification time already served under the Table V disqualification will be credited to the Table IV disqualification time period. The total disqualification period arising out of the same arrest shall not be longer than seven years. 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 September 9, 1996. TRD-9613573 Dudley M. Thomas Director Texas Department of Public Safety Effective date: October 7, 1996 Proposal publication date: June 11, 1996 For further information, please call: (512) 424-2890 SUBCHAPTER C.School Bus Driver Training Program 37 TAC sec.sec.14.31-14.36 The new sections are adopted pursuant to Texas Civil Statutes, Article 6687b, sec.5(a), re-codified as Texas Transportation Code, sec.521.022, which require the Texas Department of Public Safety to adopt rules and procedures necessary for determining school bus driver employment eligibility and school bus driver training program 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 September 9, 1996. TRD-9613574 Dudley M. Thomas Director Texas Department of Public Safety Effective date: October 7, 1996 Proposal publication date: June 11, 1996 For further information, please call: (512) 424-2890 SUBCHAPTER D.School Bus Lighting and Warning Device Equipment 37 TAC sec.14.51, sec.14.52 The Texas Department of Public Safety adopts new sec.14.51 and sec.14.52 concerning lighting and warning device equipment specifications for school buses, with changes to the proposed text as published in the June 11, 1996, issue of the Texas Register (21 TexReg 5255). The justifications for the new sections will be to clearly identify a school bus used on a route and specify minimum uniform lighting and warning device equipment standards. This will allow other drivers to recognize the school bus and stop, as required by statute, for a school bus loading or unloading students and provide for the safety of students on a street immediately before and after riding a school bus. Upon further review of the definition of "School Bus", as defined in sec.14.51, the department has determined that additional clarification is necessary to define the term. In addition, the General Services Commission (GSC) recently published its "Specifications for Texas School Buses 070-SB-97" which became effective September 1, 1996. Upon review of the publication, a decision was made by the department to conform with the current GSC, "Texas School Bus Specifications". In order to comply with the specifications that GSC has published, the department amends sec.14.52(2)(B)(iv) and (2)(D)(i). The department withdraws (2)(D)(iii) on the basis that the Texas Transportation Code, sec.502.201 addresses the identification markings required on a vehicle exhibiting exempt license plates. The new sections are necessary to implement the provisions of Senate Bill 1, 74th Legislature, 1995; to be codified as Texas Civil Statutes, Article 6701d, sec.131(d), recodified as Texas Transportation Code, sec.547.102. This statute authorizes the Texas Department of Public Safety to adopt standards and specifications that apply to lighting and warning device equipment required for a school bus in order to enable school administrators to establish and operate a safe and efficient school bus transportation system and make the school bus a highly identifiable vehicle on the road. No comments were received regarding adoption of the new sections. The new sections are adopted pursuant to Texas Transportation Code, sec.547.102, which authorizes the Texas Department of Public Safety to adopt standards and specifications that apply to lighting and warning device equipment required for a school bus in order to enable school administrators to establish and operate a safe and efficient school bus transportation system and make the school bus a highly identifiable vehicle on the road. sec.14.51.Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: Bus-A motor vehicle used to transport persons and designed to accommodate more than 10 passengers, including the driver. Commission-The General Services Commission of the State of Texas. Department-The Texas Department of Public Safety. Director-The director of the Texas Department of Public Safety. Passenger car-A motor vehicle, other than a motorcycle, used to transport persons and designed to accommodate 10 or fewer passengers, including the driver. School bus-A bus owned or leased by a school district or county transportation system, or a bus operated by a private contractor under contract with a school district or county transportation system to transport students from school to home, or from home to school, or in connection with school-related activities, excluding a bus used in an urban area by a common carrier to transport students or a bus designed to accommodate more than 10 and less than 16 passengers (including the driver) which is used to transport students on school-related activities only, that: (A) on the date of manufacture, complied with the current requirements provided in the Texas School Bus Specifications handbook as developed, adopted, and published under authority of Texas Civil Statutes, Article 6701d, sec.105(a) recodified as Texas Transportation Code, sec.547.701; or (B) meets the statutory equipment requirements of a school bus in the Texas Transportation Code sec.547.607 and sec.547.701, including a fire extinguisher, convex mirror, and four alternately flashing red lights, and complies with the lighting and warning device equipment rules promulgated by the department as set forth in sec.14.52 of this title (relating to Lighting and Warning Device Equipment). sec.14.52.Lighting and Warning Device Equipment. This rule applies to all public schools and county transportation systems that own or lease school buses and those private contractors that lease school buses or contract with a public school or county transportation system to transport students in school buses. At a minimum, a school bus: (1) which is designed to accommodate 16 or more passengers, including the driver, shall maintain all lighting and warning device equipment requirements as set forth in the General Services Commission handbook, Texas School Bus Specifications, which was current during the year of the school bus' manufacture; or (2) which is used to transport students to or from school, not including school related activities, and is designed to accommodate more than 10 passengers and less than 16 passengers, including the driver, must meet the following requirements, in addition to all applicable federal and state statutes and regulations in effect on the date of manufacture: (A) Lamps and Signals. Each bus shall be furnished with the lamps as listed in clauses (i)-(v) of this subparagraph. See School Bus Manufacturer's Institute (SBMI) Standard Number 001: (i) Alternately Flashing Signal Lamps. Each school bus shall be equipped with four red warning signal lamps, working in an automatic non-sequential integrated system. The signal lamps shall conform to the design, installation, location, and operating requirements as stated in Paragraph S4.1.4. of the Federal Motor Vehicle Safety Standards (FMVSS) Number 108. (I) Each school bus shall be equipped with a system of four red signal lamps designed to conform to the Society of Automotive Engineers (SAE) Standard J887, "School Bus Red Signal Lamps," July 1964. (II) Red lamps shall be installed in accordance with SAE Standard J887, except that: (-a-) The system shall be wired so that the red signal lamps automatically activate when the bus entrance door is opened. (-b-) The lamps shall be wired independently and not wired through the ignition switch. This will allow removal of the ignition key without affecting operation of the alternately flashing four warning signal lamps. (III) Band. Each red lamp shall have a minimum 3-inch black band around the lamp. The color of this band shall be black enamel (Color Number 17038, Black Enamel of Federal Standard 595a). If it is not possible to provide a 3-inch band around the lamps, the manufacturer will then provide a band as wide as possible. Any visor or hood used to shade the lights and improve visibility will not interfere with the intensity and photometric performance of the warning lights (see SBMI Standard Number 001). (IV) Mounting. If exterior panels are cut to provide an opening for installation of flush-mounted signal lamps, the lamps must have a closed cell sponge flange gasket with a minimum thickness of 3/16-inch. The gasket shall be the full width of the flange on the lamp. Proper installation of the lamps shall be made in order to prevent seepage of moisture into the opening. Mounting of lamps for vehicles designed to transport more than 10 and less than 16 passengers (including the driver) shall be accomplished with lights or strobes securely mounted to the roof of the vehicle as widely spaced laterally as practicable which are sealed from water infiltration and do not interfere with the operation of any access door. (V) Operating Instructions. Complete instructions for the detailed operation of the warning signal lamp system shall be furnished with each school bus. (ii) Backup Lamps. The color, requirements, and mounting of backup lamps shall be in accordance with FMVSS Number 108, except two backup lamps are required by Texas specifications. (iii) Interior, Stepwell and Service Door Lamps. A minimum of two interior dome lamps shall be installed to properly and adequately illuminate the entire aisle and emergency passageway. The stepwell or service door entrance shall be illuminated by a separate lamp activated by opening the service door. The stepwell or service door entrance lamp shall have a metal bezel. The fixtures shall have white or clear plastic lenses attached to metal receptacles. The lamps shall be designated for a 12-volt electrical system and shall have installed a minimum 15 candlepower lamp bulb. The fixtures shall be mounted so as to provide adequate illumination of the passenger and driver's compartment, spacing of the lamp fixtures shall be the option of the bus body manufacturer. (iv) Operating Units and Flashers. The operating units and flashers for turn signals and vehicular hazard warning signals shall meet the requirements of FMVSS Number 108. (v) Turn Signal/Hazard Warning Lamps. The quantities, colors, requirements, and mountings of turn signal/hazard warning lamps shall be in accordance with FMVSS Number 108. (B) Warning Devices Including Colors and Lettering. Each bus shall be equipped with: (i) Triangular Warning Devices. Each school bus shall be equipped with three triangular warning devices meeting the requirements of FMVSS Number 125. The devices shall be packed three per metal or heavy duty plastic box, or they may be individually packed in metal or heavy duty plastic boxes with the three boxes contained within a carrier. Warning devices shall be securely mounted in the driver's compartment. Triangular warning devices furnished shall be approved by the Texas Department of Public Safety. (ii) Color. A first quality black enamel (Color Number 17038 of Federal Standard Number 595a) or decals shall be used for lettering and trim. The properties of the black enamel shall be equal to those of the finish coat enamel. Pressure- sensitive tape or decals are acceptable for trim or lettering (e.g., EMERGENCY DOOR, EMERGENCY EXIT, SCHOOL NAME LETTERING, etc. signs) provided they are made from Faison R 200, 3M Series 180, or approved equal material. Exit signs and lettering shall be in compliance with FMVSS Number 217. (iii) Body Exterior Color. The exterior of the complete bus except as provided herein, shall be finished in school bus yellow (Color Number 13432 of Federal Standard Number 595a). The bus shall have two horizontal contrast lines approximately four inches wide which simulate the rub rails of a standard bus. The color of the contrast lines shall be from a first quality black enamel (Color Number 17038 of Federal Standard Number 595a). The contrast lines shall be positioned just below the window line, and between eight and twelve inches above the lowest portion of the body panel. The hood may be coated with non- reflective school bus yellow paint. The school bus roof may be painted white. The white paint on the roof shall extend from the back of the front cap to the front of the rear cap and from a point on each side of the bus which is no lower than the top of the windows and no higher than the start of the roof curvature. The white paint shall be the same quality as the paint on the remainder of the school bus. (iv) School Bus Lettering. The school bus bodies shall have the words "SCHOOL BUS" in neat, clearly defined block letters on the front, rear, and on both sides of the bus body using decals or with black paint (Color Number 17038 of Federal Standard Number 595a). The letters shall be 8 inches high and shall have 1 inch wide strokes, respectively. The words "SCHOOL BUS" shall be at the same level on each side of the bus (i.e., same height above bottom of skirt). Body shall bear the words "SCHOOL BUS" in black letters at least 8 inches high on both the front and rear of body or on signs mounted between the flashing red lights and securely mounted to the roof. Lettering shall be placed as high as possible without impairment of its visibility. Lettering shall conform to "Series B" of Standard Alphabets for signs. "SCHOOL BUS" lettering shall have a reflective background, or as an option, may be illuminated by backlighting. (v) Emergency Exit Lettering. The emergency exits shall be marked "EMERGENCY DOOR" or "EMERGENCY EXIT" both on the outside and/or on the inside in compliance with FMVSS 217. All applicable requirements of FMVSS 217 relating to instructions, outlining, and markings shall be met. (C) Accessories. Required on all buses: (i) Backup Alarm. An automatic, audible backup warning alarm meeting the requirements of Type C, 97 db (A), SAE J994b (except for 12 volt system) shall be installed behind the rear axle. (ii) Stop Arm. A school bus stop arm meeting SAE J1133 and the following requirements shall be provided: (I) Design. The sign shall be octagon-shaped, constructed of zinc-coated steel or aluminum. It shall have a minimum 1/2-inch wide white border and the word "STOP" in white letters at least 6 inches high against a red background on both sides. The letters, border and background shall be of reflective materials meeting Department of Transportation (DOT), Federal Highway Administration (FHWA) FP-85. Double-faced red, alternately flashing lamps, one each at the top and bottom (visible from each side of the structure) shall be connected to, and flash with the required school bus red flashing signal lamp circuit when the arm is extended. The arm mechanism may be activated by air pressure, electricity, or by vacuum. (II) Mounting. The stop arm shall be installed on the left side of the school bus near the front cowl section. (D) Accessories. Optional accessories on buses include: (i) Reflective Material. Buses equipped with reflective material shall meet the following requirements. The material shall be automotive engineering grade or better, shall meet the initial reflectance values in DOT FHWA FP-85 and shall retain at least 50% of those values for a minimum of six years. Reflective materials and markings shall be installed in the following locations: (I) Front and/or rear bumper may be marked diagonally 45 degrees down to centerline of pavement with 2-inch plus or minus 1/4-inch wide stripes of non- contrasting reflective material. (II) Rear of school bus body shall be marked with strips of reflective National School Bus Yellow (NSBY) material to outline the perimeter of the back of the school bus, using material which conforms with the requirements of FMVSS 571.131. The perimeter marking of rear emergency exits per FMVSS 217 and/or the use of reflective "school bus" signs partially accomplish the objective of this requirement. To complete the perimeter marking the back of the bus, strips of at least 1-3/4 inch reflective NSBY material shall be applied horizontally above the rear windows and above the rear bumper extending from the rear emergency exit perimeter marking outward to the left and right rear corners of the bus; and vertical strips shall be applied at the corners connecting these horizontal strips. (III) "SCHOOL BUS" signs, if not lighted design, shall be marked with reflective National School Bus Yellow material comprising background for lettering of the front and/or rear "SCHOOL BUS" signs. (IV) Sides of bus body shall be marked with reflective National School Bus Yellow Material at least 1-3/4 inches in width, extending the length of the bus body and located (vertically) as close as practicable to the beltline. (ii) Strobe Light. Buses equipped with a white flashing strobe light shall meet the following requirements: (I) Design. The lamp shall have a single clear lens emitting light flashing 360 degrees around a vertical axis. The light source shall be a minimum of 50 candlepower and flash 80-120 times per minute. The base of the lamp shall be metal or approved equal and installed by a method which seals out dust and moisture. A manual switch is required for operation and a pilot light to indicate when the light is in operation shall be included. Wiring shall be installed inside the bus walls. (II) Mounting. The strobe light shall be permanently installed near the centerline on the school bus roof and not more than one-third of the body length forward of the rear edge of the bus roof. It shall not extend above the roof more than 6-1/2 inches. 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 September 9, 1996. TRD-9613576 Dudley M. Thomas Director Texas Department of Public Safety Effective date: October 7, 1996 Proposal publication date: June 11, 1996 For further information, please call: (512) 424-2890 TITLE 40. SOCIAL SERVICES AND ASSISTANCE PART I. Texas Department of Human Services CHAPTER 79. Legal Services SUBCHAPTER E. Advisory Committee 40 TAC sec.79.403 The Texas Department of Human Services (DHS) adopts an amendment to sec.79.403, concerning mandated advisory committees and committees established by the Texas Board of Human Services in its Legal Services chapter, without changes to the proposed text as published in the August 6, 1996, issue of the Texas Register (21 TexReg 7364). The text will not be republished. The justification for the amendment is to abolish the department's rule on the Advisory Committee on Child Care Programs. The amendment will function by ensuring that the Advisory Committee on Child Care Programs will be able to continue to support child care staff and programs transferred to the Texas Workforce Commission. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 44, which provides the department with the authority to administer public assistance programs and federal and state day care programs. 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 September 17, 1996. TRD-9613596 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: October 8, 1996 Proposal publication date: August 6, 1996 For further information, please call: (512) 438-3765 PART III. Texas Commission on Alcohol and Drug Abuse CHAPTER 148. Facility Licensure SUBCHAPTER B. Facility Management 40 TAC sec.148.118 The Texas Commission on Alcohol and Drug Abuse adopts new sec.148.118 concerning training requirements relating to abuse, neglect, and unprofessional or unethical conduct, without changes to the proposed text as published in the July 16, 1996, issue of the Texas Register (21 Tex Reg 6614). The new section is being adopted to incorporate into the rules an interagency memorandum of understanding between the commission, the Texas Department of Health, and the Texas Department of Mental Health and Mental Retardation. The rules describe training requirements relating to abuse, neglect, and unprofessional or unethical conduct. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Health and Safety Code, sec.464.009, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to adopt rules for licensing chemical dependency treatment facilities. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 18, 1996. TRD-9613632 Mark S. Smock Deputy for Finance and Administration Texas Commission on Alcohol and Drug Abuse Effective date: October 9, 1996 Proposal publication date: July 16, 1996 For further information, please call: (512) 349-6609 CHAPTER 150. Counselor Licensure 40 TAC sec.sec.150.3, 150.31-150.33, 150.36 The Texas Commission on Alcohol and Drug Abuse adopts amendments to sec.sec.150.3; 150.31-150.33; and 150.36 concerning definitions, licensure application; requirements for licensure, background investigation, and the licensure examination, without changes to the proposed text as published in the July 30, 1996, issue of the Texas Register (21 Tex Reg 7229). Section 150.3 defines terms used in the chapter. The definition of applicant has been revised to require a complete application packet, and a new definition for application has been added. The definition for approved practicum provider reflects that providers will be approved directly by the commission and ensures that providers will maintain International Certification and Reciprocity Consortium (ICRC) standards. A new definition is also adopted for ICRC. Amendments to sec.150.31 change the requirements for licensure application. A complete application packet must be submitted including all of the documentation required for testing. Incomplete packets will be returned. Applicants are responsible for collecting and maintaining documentation until they are ready to take the licensure examination. Section 150.32 defines the requirements for licensure. New language has been added to ensure that education and practicum hours are compatible with ICRC standards. Case presentations are submitted to the test administrator instead of to the commission, and applicants exempt from education and practicum hours must submit an official college transcript. Also, applicants must complete the 270 educational hours before accumulating any hours of supervised work experience. This ensures that trainees have the basic knowledge needed to perform effectively and benefit from the work experience. Section 150.33 is revised to show the commission no longer conducts background investigations when an individual submits the initial application for licensure. This amendment makes the rule consistent with current practice. The amendments in sec.150.36 (relating to Examination) allow an applicant to take the oral examination before completing the required 4,000 hours of supervised work experience, explains that examinees who fail the examination may receive an analysis of their performance only when that information is available to the commission, and clarifies limits on re-examination. The amendment is adopted to allow applicants to test when they are ready and make full use of examination opportunities, to indicate that the commission may not have access to information about an examinee's test results, and to avoid confusion about the number of times a person may re-take the examination. Wording has also been revised to reflect that the commission will no longer accept application packets unless an applicant is ready to take the examination. In addition, information about testing opportunities will be distributed through education providers, practicum providers, and clinical training institutions; the commission will not mail application packet to every applicant before each test cycle. The applicant is responsible for obtaining test information and submitting a letter of intent to take the examination. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Civil Statutes, Article 4512o, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to establish procedures for the licensure of chemical dependency counselors. 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 September 18, 1996. TRD-9613633 Mark S. Smock Deputy for Finance and Administration Texas Commission on Alcohol and Drug Abuse Effective date: October 9, 1996 Proposal publication date: July 30, 1996 For further information, please call: (512) 349-6609