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

TITLE 4. AGRICULTURE
PART I. Texas Department of Agriculture
CHAPTER 19. Quarantines
SUBCHAPTER J. Red Imported Fire Ant Quarantine
4 TAC sec.19.101
The Texas Department of Agriculture ( the department) proposes an amendment to 
sec.19.101, concerning quarantined areas. The amendment to sec.19.101 is 
proposed to stop the artificial spread of Red Imported Fire Ants out of 
currently infested areas of the state and adds Red River County to the list of 
quarantined areas. Through survey efforts conducted by the department, 
widespread infestations of Red Imported Fire Ants were detected in Red River 
County. 
David Kostroun, plant quality coordinator, has determined that for the first 
five-year period the rule is in effect there will be an estimated $1,000 annual 
increased cost to state government due to: (1) the costs of inspecting materials 
suspected to be contaminated with fire ants moving from the newly quarantined 
county into nonquarantined areas; (2) the costs of issuing fire ant compliance 
agreements; and (3) the costs of conducting training for landowners regarding 
fire ant quarantine, biology, and habitat. There will be no fiscal implications 
for local government as a result of enforcing or administering the rule. 
Mr. Kostroun also has determined that for each year of the first five years the 
rule is in effect the public benefit anticipated as a result of enforcing the 
rule will be to slow the introduction of imported fire ants into areas of Texas 
that are currently not infested. The effect on small businesses and to persons 
who are required to comply with the rule as proposed will be an estimated cost 
of $16 per acre to chemically treat quarantined articles prior to shipment to 
nonquarantined areas, except baled hay and baled straw, for which there is no 
chemical treatment, shipped to nonquarantined areas. 
Comments on the proposal may be submitted to David Kostroun, Coordinator, Plant 
Quality Programs, P.O. Box 12847, Austin, Texas 78711. Comments must be received 
no later than 30 days from the date of publication of the proposal in the Texas 
Register. 
The amendment is proposed under the Texas Agriculture Code, sec.71.002, which 
provides the Texas Department of Agriculture with the authority to establish 
quarantines against diseases and pests found within the state; and sec.71.007, 
which authorizes the department to adopt rules necessary for the protection of 
agricultural and horticultural interests. 
The Texas Agriculture Code, Chapter 71, is affected by the proposed amendment. 

sec.19.101. Quarantined Areas. 
(a) (No change.) 
(b) In addition to the areas described in subsection (a) of this section, 
Brooks, Brown, Cameron, Delta, Dimmit, Duval, Ector, Hidalgo, Jack, Jones, 
Kenedy, Kimble, Kinney, Lamar, La Salle, Mason, Maverick, McCulloch, Midland, 
Montague, Palo Pinto, <nl>Red River,<ol> San Saba, Stephens, Val Verde, Webb, 
Willacy, Young, and Zavala Counties in Texas are quarantined areas.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt. 
Issued in Austin, Texas, on December 18, 1996.
TRD-9618372
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 463-7583

TITLE 7. BANKING AND SECURITIES
PART II. Texas Department of Banking
CHAPTER 25.Prepaid Funeral Contracts
SUBCHAPTER A.Applications for License
7 TAC sec.25.7
The Texas Department of Banking (the department) proposes new sec.25.7, 
concerning the description of services and merchandise on a prepaid funeral 
contract (the contract) regulated under Texas Civil Statutes, Article 548b (the 
Act). 
Express content guidelines for descriptions of services and merchandise on the 
contract does not exist at present. Complete descriptions on the contract are 
essential to the protection of consumers because the delivery of services and 
merchandise usually occur many years after the contract is executed and the 
people involved with the delivery generally are not the original parties to the 
contract. Proposed new sec.25.7 would require that certain services and 
merchandise descriptions appear on the contract and was developed in cooperation 
with representatives of industry. The new section, if adopted, will better 
ensure the purchaser's rights and interests are protected. 
Stephanie Newberg, Director, Special Audits Division, Texas Department of 
Banking, has determined that, for each year of the first five years the section 
is in effect, there will be no fiscal implications for state or local government 
as a result of enforcing or administering this section. 
Ms. Newberg also has determined that, for each year of the first five years the 
section is in effect, the public benefit anticipated as a result of its adoption 
will be better protection of consumers resulting from better and more consistent 
disclosures. No economic cost will be incurred by a person required to comply 
with this section, and there will be no disparate effect on small businesses. 
Comments on the proposed section may be submitted in writing to Stephanie 
Newberg, Director, Special Audits Division, Texas Department of Banking, 2601 
North Lamar Boulevard, Austin, Texas 78705-4294. 
The new section is proposed pursuant to rulemaking authority under Texas Civil 
Statutes, Article 548b, sec.2, which authorizes the department to prescribe 
reasonable rules and regulations concerning all matters incidental to the 
enforcement and orderly administration of Article 548b. 
Texas Civil Statutes, Article 548b, is affected by this proposed new section.

sec.25.7.Casket and Outer-Burial Containers.
(a) Definitions. The following words and terms, when used in this section, shall 
have the following meanings, unless the context clearly indicates otherwise. 
(1) Casket--A rigid container, including but not limited to casket inserts and 
rest beds, which is designed for the encasement of human remains and which is 
usually constructed of wood, metal, fiberglass, plastic, or like material, and 
ornamented and lined with fabric. 
(2) Contract--The prepaid funeral benefits contract. 
(3) Outer-burial container--Any container which is designed for placement in the 
grave around the casket including, but not limited to, containers commonly known 
as burial vaults, grave boxes, and grave liners. The term "outer-burial 
container" does not include lawn crypts regulated under the Texas Health and 
Safety Code, Chapters 711 and 712. 
(4) Urn--A temporary or permanent receptacle used for the containment of 
cremated remains. 
(b) Descriptions. 
(1) Conformity of descriptions. The prepaid funeral benefits contract must fully 
describe all services and merchandise purchased, including the casket or urn and 
any outer-burial container, as required by this section.
(2) Description content. 
(A) Caskets. The description of a casket under this section must, at a minimum, 
include the following specifications: 
(i) The type of material that is predominately used in the construction of the 
merchandise, i.e.: 
(I) steel, identified as stainless or by gauge, e.g., 18 gauge;
(II) wood, identified by type, e.g., pecan or cherry; 
(III) bronze, described by weight or gauge, e.g., 32 oz. or 18 gauge; 
(IV) copper, described by weight or gauge, e.g., 32 oz. or 18 gauge; or 
(V) other specifically named material, e.g., as cardboard or corrugated wood; 
(ii) The type of sealing feature, e.g., sealer, non-sealer, or protective, if 
specified on the permit holder's price list; and, 
(iii) The material lining the interior of the casket, e.g., crepe, velvet, or 
silk. 
(B) Urns. The description of an urn under this section must, at a minimum, 
include the type of material predominately used in its construction.
(C) Outer-burial container. The description of an outer-burial container under 
this section must, at a minimum, include the following specifications:
(i) The type of material that is predominately used in the construction of the 
merchandise, i.e.: 
(I) concrete, specifying type of construction, e.g., liner, box, or vault; 
(II) steel, identified as stainless or by gauge, e.g., 12 gauge (or described as 
galvanized of a particular gauge); 
(III) wood; 
(IV) bronze or copper, described by weight or gauge, e.g., 32 oz. or 18 gauge; 
(V) other specifically named material; and 
(ii) The type of sealing feature, e.g., sealer, non-sealer, or protective, if 
specified on the permit holder's price list. 
(D) Caskets, urns, and outer-burial containers. Merchandise that is marketed as 
being of a particular content or fabrication, e.g., a fiberglass liner, must be 
described under this section according to the particular content or fabrication 
referenced i n marketing the product. 
(E) Optional disclosures. Except for information required under this section, no 
additional description of caskets, urns, or outer burial containers is required; 
however, relevant information, e.g., a model number or color, may be added to a 
description at the election of the permit holder. 
(c) Rule application. With respect to contracts entered prior to the effective 
date of this section or the effective date of any amendment to this section, a 
permit holder will not violate this section or such amendment if it fails to 
comply with one or more requirements of this section or an amendment that were 
not previously required by statute or rule. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt. 
Issued in Austin, Texas, on December 19, 1996.
TRD-9618443
Everette D. Jobe
General Counsel
Texas Department of Banking
Proposed date of adoption: February 3, 1997
For further information, please call: (512) 475-1300

TITLE 16. ECONOMIC REGULATION
PART II. Public Utility Commission of Texas
CHAPTER 23.Substantive Rules
Rates
16 TAC sec.23.21
The Public Utility Commission of Texas proposes an amendment to sec.23.21. The 
proposed amendment adds subsection (c)(1)(H)(vi) to the rule to require that a 
utility submit for commission approval a plan for distribution of excess funds 
from a terminated OPEB (post retirement benefits other than pensions) trust 
fund. 
Mr. Russell Trifovesti, Assistant Director for the Legal Division in the Office 
of Regulatory Affairs, has determined that for each year of the first five-year 
period the proposed section is in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
section. 
Mr. Trifovesti has also determined that for each year of the first five years 
the proposed section is in effect the public benefit anticipated as a result of 
enforcing the section will be that a utility's plans for distribution of excess 
assets from an OPEB that has been terminated, and for which related liabilities 
have been satisfied, will be subject to commission approval. There will be no 
effect on small businesses as result of enforcing this section. There is no 
anticipated economic cost to persons who are required to comply with the section 
as proposed. 
Mr. Trifovesti has also determined that for each year of the first five years 
the proposed section is in effect there will be no impact on employment in the 
geographical area affected by implementing the requirements of the section. 
Comments on the proposed amendment (16 copies) may be submitted to Paula 
Mueller, Secretary of the Commission, Public Utility Commission of Texas, 1701 
North Congress Avenue, Austin, Texas 78711-3326, within 30 days after 
publication. The commission invites specific comments regarding the costs 
associated with, and benefits that will be gained by, implementation of the 
amendment. The commission will consider the costs and benefits in deciding 
whether to adopt the amendment. All comments should refer to Project Number 
14950. The commission staff will conduct a public hearing on this rulemaking 
under Texas Government Code, sec.2001.029 at the commission offices on January 
7, 1997 at 10:00 a.m. 
The amendment is proposed under the Public Utility Regulatory Act of 1995, 
sec.1.101, Senate Bill 319, 74th Legislature, Regular Session 1995, which 
provides the Public Utility Commission with the authority to make and enforce 
rules reasonably required in the exercise of its powers and jurisdiction, 
including rules of practice and procedure. 
Public Utility Regulatory Act, sec.sec.1.101 is affected by this proposed 
amendment. 

sec.23.21.Cost of Service.
(a)-(b) (No change.) 
(c) Allowable expenses. Only those expenses which are reasonable and necessary 
to provide service to the public shall be included in allowable expenses. In 
computing a utility's allowable expenses, only the utility's historical test 
year expenses as adjusted for known and measurable changes will be considered, 
except as provided for in any section of these rules dealing with fuel expenses. 
(1) Components of allowable expenses. Allowable expenses, to the extent they are 
reasonable and necessary, and subject to the rules in this section, may include, 
but are not limited to, the following general categories: 
(A)-(G) (No change.) 
(H) Postretirement benefits other than pensions (<nl> known in the utility 
industry as "<ol>OPEB<nl>"<ol>). For ratemaking purposes, expense associated 
with postretirement benefits other than pensions (OPEB) shall be treated as 
follows: 
(i)-(v) (No change.) 
<nl>(vi)<ol> <nl> When a utility terminates an OPEB trust fund established 
pursuant to clause (v) of this subparagraph, it shall notify the commission in 
writing. If excess assets remain after the OPEB trust fund is terminated and all 
trust related liabilities are satisfied, the utility shall file, for commission 
approval, a proposed plan for the distribution of the excess assets. The utility 
shall not distribute any excess assets until the commission approves the 
disbursement plan. <ol>
(2) (No change.) 
(d)-(g) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt. 
Issued in Austin, Texas, on December 23, 1996.
TRD-9618607
Paula Mueller
Secretary of the Commission
Public Utility Commission of Texas
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 936-7162

Telephone
16 TAC sec.23.103
The Public Utility Commission of Texas proposes new sec.23.103, relating to 
IntraLATA Equal Access. The proposed rule is necessary to comply with the Public 
Utility Act of 1995 (PURA 95) sec.3.219(c), which requires that the commission 
ensure that customers may designate a provider of their choice to carry their 
"0+" and "1+" intraLATA calls and that equal access in the public network is 
implemented such that the provider may carry such calls. 
Ms. Candice Clark, Manager of Competitive Pricing in the Office of Regulatory 
Affairs, has determined that for each of the first five years the proposed 
section is in effect there will be no fiscal implications for state or local 
government as a result of enforcing or administering the section. 
Ms. Clark has also determined that for each of the first five years the proposed 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to encourage competition in the intraLATA toll market by 
implementing two-PIC "1+" and "0+" equal access for Texas telephone customers. 
There will be no effect on small businesses as result of enforcing this section. 
There is no anticipated economic cost to persons who are required to comply with 
the section as proposed. 
Ms. Clark has also determined that for each of the first five years the proposed 
section is in effect there will be no impact on employment in the geographic 
area affected by implementing the requirements of the section. Comments on the 
proposed rule (16 copies) may be submitted to Paula Mueller, Secretary of the 
Commission, Public Utility Commission of Texas, 1701 North Congress Avenue, 
Austin, Texas 78711-3326, within ten days after publication. All comments should 
refer to Project Number 16133. The commission staff will conduct a public 
hearing on this rulemaking under Texas Government Code sec.2001.029 at the 
commission offices on January 16, 1997, at 10:00 a.m. 
The commission invites specific comments regarding the costs associated with, 
and benefits that will be gained by, implementation of the rule. The commission 
will consider the costs and benefits in deciding whether to adopt the rule. 
The commission invites specific comments on the legal and policy arguments that 
the commission should consider in deciding whether to treat a Local Exchange 
Carrier (LEC) affiliate as a LEC for purposes of triggering the requirements in 
subsections (d) and (e) of the proposed section. Additionally, the commission 
invites specific comments on the costs and benefits of providing toll dialing 
parity in Texas by implementing a two-PIC system allowing a customer to choose 
an interstate and an intrastate PIC. Interested parties are referred to 
paragraph 37 of the Federal Communications Commission's (FCC's) Second Report 
and Order in CC Docket Numbers 96-98. Finally, the commission invites specific 
comments on whether the payphone provisions of proposed sec.23.103(i) are 
consistent with the FCC's Order on Reconsideration in CC Dockets Numbers 96-128 
and Numbers 91-35.
The new rule is proposed under the Public Utility Regulatory Act of 1995, Texas 
Revised Civil Statutes Annotated, Article 1146c-O, (Vernon Supp. 1996), 
sec.1.101, which provides the Public Utility Commission with the authority to 
make and enforce rules reasonably required in the exercise of its powers and 
jurisdiction, including rules of practice and procedure; and specifically 
sec.3.219(c), which requires that the commission ensure that customers may 
designate a provider of their choice to carry their "0+" and "1+" intraLATA 
calls and that equal access in the public network is implemented such that the 
provider may carry such calls. 
Public Utility Regulatory Act of 1995, Texas Revised Civil Statutes Annotated, 
Article 1146c-O, sec.sec.1.101, 3.219(c) (Vernon Supp. 1996) (PURA 95) is 
affected by this proposed new rule.

sec.23.103.IntraLATA Equal Access.
(a) Application. This section applies to certified telecommunications utilities 
(CTUs) providing local exchange telephone service in Texas. 
(b) Purpose. The purpose of this section is to encourage competition in the 
intraLATA toll market by implementing two-PIC 1+ and 0+ equal access for Texas 
telephone customers. 
(c) Definitions. The following words and terms, when used in this section, shall 
have the following meaning unless the context clearly indicates otherwise: 
(1) Administrative review -- A process whereby an implementation plan or 
application is reviewed by the commission staff and approved or denied by an 
administrative law judge without an evidentiary hearing and without an order 
signed by the commission. 
(2) IntraLATA equal access -- The ability of a caller to complete an intraLATA 
toll call using his or her provider of choice by dialing 1 or 0 plus an NPA-NXX-
XXXX within the LATA. 
(3) PIC freeze indicator -- An indicator that the end user has directed the CTU 
to make no changes in the end user's PIC. 
(4) Primary Interexchange Carrier (PIC) -- The provider chosen by a customer to 
carry that customer's toll calls. 
(5) Two-PIC equal access -- A method that allows a telephone subscriber to 
select one carrier for all 1+ and 0+ interLATA calls and the same or a different 
carrier for all 1+ and 0+ intraLATA calls. 
(6) Year 1 -- The calendar year during which a CTU first makes intraLATA equal 
access available to a customer in Texas. 
(d) Timing. Except as provided in paragraphs (1)-(3) of this subsection, a CTU 
shall file with the commission an implementation plan to provide intraLATA equal 
access as ordered by the commission or no later than August 8, 1998. 
(1) No later than 90 days before filing an application with the Federal 
Communications Commission (FCC) for authorization to provide interLATA 
telecommunications service in Texas pursuant to FTA96 sec.271(d)(1), a Bell 
Operating Company (BOC) shall file with the commission an implementation plan to 
provide intraLATA equal access. 
(2) A CTU other than a BOC that begins providing in-region interLATA toll 
service on its own behalf or through an affiliate before August 8, 1997, shall 
file with the commission no later than February 8, 1997, an implementation plan 
to provide intraLATA equal access. 
(3) A CTU other than a BOC that begins providing in-region interLATA toll 
service on its own behalf or through an affiliate on or after August 8, 1997, 
but before February 8, 1999 shall file with the commission an implementation 
plan no later than 180 days prior to the date on which it begins providing in-
region interLATA toll service. 
(4) A CTU with fewer than two percent of the nation's subscriber lines may 
petition the commission for a suspension or modification of the requirements of 
this subsection. The commission shall act on the petition within 180 days of 
receiving such petition. Pending such action, the commission may suspend 
enforcement of this subsection with respect to the petitioner. It shall be the 
duty of the petitioner to demonstrate that such suspension or modification is 
consistent with the public interest, convenience, and necessity; and is 
necessary to: 
(A) avoid a significant adverse economic impact on users of telecommunications 
services generally; 
(B) avoid imposing a requirement that is unduly economically burdensome; or 
(C) avoid imposing a requirement that is technically infeasible.
(e) Implementation Plan. An implementation plan shall conform to the 
requirements set out in paragraphs (1)-(4) of this subsection. 
(1) An implementation plan shall describe the measures the CTU will take to make 
two-PIC intraLATA equal access available to all interexchange carriers in all 
areas of the state in which the CTU is certified to provide local exchange 
service. 
(2) Except as provided by subparagraphs (A)-(C) of this paragraph or as 
otherwise ordered by the commission, a CTU must implement intraLATA equal access 
no later than February 8, 1999. 
(A) A BOC shall offer intraLATA equal access coincident with the exercise of its 
authority to provide interLATA services. 
(B) A CTU other than a BOC that begins providing in-region interLATA toll 
service on its own behalf or through an affiliate before August 8, 1997, shall 
provide intraLATA equal access no later than August 8, 1997.
(C) A CTU other than a BOC that begins providing in-region interLATA toll 
service on its own behalf or through an affiliate on or after August 8, 1997, 
but before February 8, 1999 shall implement intraLATA equal access throughout 
the state no later than the date on which it begins providing in-region, 
interLATA service. 
(3) If a CTU does not implement intraLATA equal access simultaneously throughout 
its service territory, its implementation plan shall include a schedule of 
implementation specifying, for each wire center: 
(A) the Common Language Location Identifier (CLLI) code and exchange name; 
(B) the month in which intraLATA equal access will be available;
(C) the type of switch serving the wire center; and 
(D) a list of the NPA-NXX's affected by the conversion to intraLATA equal 
access. 
(4) Eighteen copies of the implementation plan shall be filed in the 
commission's central records office. The commission shall publish notice of the 
implementation plan in the Texas Register. 
(f) Administrative review. An implementation plan filed under this section shall 
be reviewed administratively unless an administrative law judge, for good cause, 
determines at any point during the review that the plan should be docketed. 
Denial of a plan for failure to meet the requirements of this section does not 
relieve the CTU of its obligations under subsection (e) of this section. 
(g) Cost Recovery. A dominant certified telecommunications utility (DCTU) may 
impose an annual surcharge on intraLATA toll providers to recover over a five- 
year period its costs of implementing intraLATA equal access. A DCTU shall file 
with the commission by February 15 of each year an application for recovery of 
its total service long-run incremental cost of implementing intraLATA equal 
access during the previous year. The application shall include detailed cost 
support for the recoverable costs and shall be reviewed administratively. The 
surcharge shall be billed by the DCTU to intraLATA toll providers using its 
intraLATA switched access services and shall be due and payable no later than 
June 30 of each year for recoverable costs incurred during the previous year. 
(1) Recoverable costs. Costs that are recoverable for a given calendar year are 
equal to one-fifth of the total service long-run incremental cost (TSLRIC) to 
provide intraLATA equal access multiplied by a factor equal to 1 minus the 
DCTU's share of that cost. The DCTU's share of costs shall be computed by 
dividing the total intraLATA toll minutes of use originated by the DCTU for end 
users during the year by the sum of total originating intraLATA switched access 
minutes purchased from the DCTU and total intraLATA toll minutes of use 
originated by the DCTU for end users during the year. In calculating its share 
of costs, the DCTU may convert its intraLATA toll minutes of use to equivalent 
access minutes by adjusting for call set-up. Recoverable costs shall include, 
but not be limited to: 
(A) costs of processing a customer's initial PIC selection pursuant to 
subsection (h) of this section; and 
(B) costs of providing customer notice pursuant to subsection (j) of this 
section. 
(2) Nonrecoverable items. A DCTU may not recover:
(A) costs of converting a wire center in which inter- and intraLATA equal access 
are introduced simultaneously; 
(B) costs of switching equipment whose installation was planned before the 
implementation plan was filed; 
(C) costs of marketing its intraLATA toll services; or 
(D) lost toll revenue. 
(3) The amount of the surcharge payable to a DCTU by an intraLATA toll provider 
for a given year shall be equal to the DCTU's recoverable costs for that year 
multiplied by the intraLATA toll provider's share of the DCTU's recoverable 
costs. An intraLATA toll provider's share of a DCTU's recoverable costs for a 
calendar year shall be computed by dividing the originating intraLATA switched 
access minutes the intraLATA toll provider purchased from the DCTU during the 
year by the total originating intraLATA switched access minutes purchased from 
the DCTU during the year. 
(h) PIC Selection. An end user may select one carrier for all 1+ and 0+ 
interLATA toll calls and either the same carrier or a different carrier for all 
1+ and 0+ intraLATA toll calls. When a customer places an order to move or 
establish service, the CTU shall inform the customer of his opportunity to 
choose both an intraLATA and an interLATA PIC. 
(1) Multiple PIC requests. If a customer has selected more than one intraLATA 
PIC, the CTU shall process the PIC with the latest customer authorization date. 
(2) Default intraLATA PIC. 
(A) A new customer who does not choose an intraLATA PIC shall dial a carrier 
access code to route his intraLATA toll calls to the carrier of his choice until 
the customer makes a permanent, affirmative selection for intraLATA 1+ and 0+ 
calls. 
(B) An existing customer who does not make a choice for an intraLATA PIC when 
intraLATA equal access becomes available shall default to the serving CTU for 
intraLATA 1+ and 0+ calls. 
(3) Balloting of customers shall not be required in areas in which interLATA 
equal access is available. 
(4) Initial PIC request. A customer's initial PIC request, made prior to 
implementation or within six months after implementation of intraLATA equal 
access, shall be made at no charge. Thereafter, a CTU may bill the customer a 
PIC change charge at a rate no greater than the rate for the selection of an 
interLATA PIC. If a customer selects an inter- and intraLATA PIC at the same 
time, only one charge shall apply. 
(5) PIC Freezes. An account carrying an interLATA PIC freeze indicator shall not 
be automatically frozen by the CTU for intraLATA PIC selection. A customer may 
request a CTU to freeze his or her inter- or intraLATA PIC or both. A customer's 
request for an intraLATA PIC freeze may not be processed until the customer has 
received notice of intraLATA equal access pursuant to subsection (j) of this 
section. 
(i) Pay telephone equal access. IntraLATA 0+ and 1+ equal access shall be 
required for all pay telephones. A location provider shall be allowed to select 
both the intraLATA and interLATA PIC for a pay telephone. Nothing in this 
section shall affect any contract existing between a location provider and a 
provider of pay telephone service or an interLATA or intraLATA carrier that is 
in force as of the effective date of this section. 
(j) Customer Notice. A CTU shall provide notice by direct mail to affected 
customers of implementation of intraLATA equal access. The text of the notice 
shall state: "The Public Utility Commission of Texas has directed all local 
telephone companies to give residential and business customers the option of 
selecting an intraLATA (local toll) 1+ and 0+ long distance company other than 
[insert name of CTU]. Texas is divided into major long-distance calling areas 
called LATAs. (See enclosed map.) Currently, [insert name of CTU] carries all 1+ 
and 0+ calls within a LATA. After [insert implementation date], long distance 
calling within the LATA (as distinct from between LATAs, which is already 
competitive) will be open to competition. With this change, customers will have 
the option of selecting a long distance company for intraLATA 1+ and 0+ calling. 
"Beginning on [insert date] and until [insert date], you may select an intraLATA 
(local toll) long-distance company at no charge by notifying your local 
telephone company or by directly contacting the long distance carrier of your 
choice. If you change your intraLATA carrier after [insert date] or after your 
initial selection, you will incur a [$ insert charge] change charge." 
(k) Expiration. The provisions of this section shall expire December 31, 2002. 
(l) Waiver. After notice and hearing, and subject to the requirements of law, 
the commission may waive any provision of this section for good cause.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt. 
Issued in Austin, Texas, on December 23, 1996.
TRD-9618608
Paula Mueller
Secretary of the Commission
Public Utility Commission of Texas 
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 936-7162

PART XXI. Texas State Board of Examiners of Psychologists 
CHAPTER 461.General Rulings
22 TAC sec.461.28
The Texas State Board of Examiners of Psychologists proposes new sec.461.28, 
concerning Suspension of License for Failure to Pay Child Support. The new rule 
is being proposed in order to bring the Board into compliance with State child 
support laws. 
Sherry L. Lee, Executive Director, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the rule. 
Ms. Lee also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to provide a mechanism by which the Board can enforce license 
suspension due to failure to comply with State child support laws. There will be 
no effect on small businesses. The economic cost to persons who are required to 
comply with the section as proposed will be in direct proportion to the 
individual's potential earnings during the time the license is suspended. 
Comments on the proposal may be submitted to Janice C. Alvarez, Texas State 
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas 
78701, (512) 305-7700. 
The new rule is proposed under Texas Civil Statutes, Article 4512c, which 
provide the Texas State Board of Examiners of Psychologists with the authority 
to make all rules, not inconsistent with the Constitution and Laws of this 
State, which are reasonably necessary for the proper performance of its duties 
and regulations of proceedings before it. 
The proposed new section does not affect other statutes, articles, or codes.

sec.461.28. Suspension of License for Failure to Pay Child Support.
(a) On receipt of a final court or attorney general's order suspending a license 
due to failure to pay child support, the executive director shall immediately 
determine if the Board has issued a license to the obligator named on the order, 
and, if a license has been issued: 
(1) enter an order of suspension of the license; 
(2) report the suspension as appropriate; and 
(3) demand surrender of the suspended license. 
(b) The Board shall implement the terms of a final court or attorney general's 
order suspending a license without additional review or hearing. The Board will 
provide notice as appropriate to the licensee or to others concerned with the 
license. 
(c) The Board may not modify, remand, reverse, vacate, or stay a court or 
attorney general's order suspending a license issued under the Family Code, 
Chapter 232 as added by Acts 1995, 74th Legislature, Chapter 751 sec.751.85 
(House Bill 433) and may not review, vacate, or reconsider the terms of an 
order. 
(d) A licensee who is the subject of a final court or attorney general's order 
suspending his or her license is not entitled to a refund for any fee paid to 
the Board. 
(e) If a suspension overlaps a license renewal period, an individual with a 
license suspended under this section shall comply with the normal renewal 
procedures in the Act and this chapter; however, the license will not be renewed 
until subsections (g) and (h) of this section are met. 
(f) An individual who continues to engage in the practice of psychology or 
continues to use the titles "Licensed Psychologist," "Certified Psychologist," 
"Licensed Psychological Associate," "Licensed Specialist in School Psychology" 
or the initials "L.P.," "C.P.," "L.P.A.," or L.S.S.P." after the issuance of a 
court or attorney general's order suspending the license is liable for the same 
civil and criminal penalties provided for engaging in the prohibited activity 
without a license or while a license is suspended as any other license holder of 
the Board. 
(g) On receipt of a court or attorney general's order vacating or staying an 
order suspending a license, the executive director shall promptly issue the 
affected license to the individual if the individual is otherwise qualified for 
the license. 
(h) The individual must pay a reinstatement fee in an amount equal to the annual 
renewal fee set out in sec.473.3 of this title (relating to Annual Renewal Fees) 
prior to issuance of the license under subsection (g) of this section. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 18, 1996.
TRD-9618422
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 305-7700

22 TAC sec.461.29
The Texas State Board of Examiners of Psychologists proposes new sec.461.29, 
concerning Non-compliance with Continuing Education Requirements. The new rule 
is being proposed in order to ensure that all individuals practicing psychology 
pursuant to licensure with the Board are in compliance with the mandatory 
continuing education required by the Psychologists' Certification and Licensing 
Act. 
Sherry L. Lee, Executive Director, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the rule. 
Ms. Lee also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to increase voluntary compliance with the Board's continuing 
education requirements. There will be no effect on small businesses. The 
economic cost to persons who are required to comply with the section as proposed 
will be in direct proportion to any penalties assessed due to the individual's 
non-compliance with the section. 
Comments on the proposal may be submitted to Janice C. Alvarez, Texas State 
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas 
78701, (512) 305-7700. 
The new rule is proposed under Texas Civil Statutes, Article 4512c, which 
provide the Texas State Board of Examiners of Psychologists with the authority 
to make all rules, not inconsistent with the Constitution and Laws of this 
State, which are reasonably necessary for the proper performance of its dutie 
and regulations of proceedings before it. 
The proposed new section does not affect other statutes, articles, or codes. 

sec.461.29. Non-compliance with Continuing Education Requirements.
(a) An individual who fails to comply with the Board's mandatory continuing 
education requirements shall be subject to a complaint for non-compliance with 
the Board's rules. If a complaint is filed against a licensee for non-compliance 
and the licensee resigns in lieu of adjudication of the complaint or the license 
is voided as delinquent and the licensee later applies for licensure, the 
complaint shall be reinstated; and the application shall be held in abeyance 
until the complaint is resolved. 
(b) Any licensee who has failed to submit proof of full compliance with 
sec.461.11 of this section (relating to Continuing Education) shall be referred 
to the investigation division pursuant to a complaint for non-compliance with 
sec.461.15 of this title (relating to Failure to Comply with Board Directives, 
Rules and Statutes) on the forty-fifth day after the original renewal date for 
the license. The filing of a complaint under this provision shall be in addition 
to any penalties or requirements assessed by the licensing division for renewal. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 18, 1996.
TRD-9618423
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 305-7700

CHAPTER 465.Rules of Practice
22 TAC sec.465.1
The Texas State Board of Examiners of Psychologists proposes an amendment to 
sec.465.1, concerning Listings. The amendment is being proposed in order to 
clarify the Board's requirements for listings by individuals being supervised by 
licensed psychologists, as well as the supervising psychologists.
Sherry L. Lee, Executive Director, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing the section. 
Ms. Lee also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to better inform the public and licensees of the requirements of 
the Board. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the section as 
proposed. Comments on the proposal may be submitted to Janice C. Alvarez, Texas 
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, 
Texas 78701, (512) 305-7700. 
The amendment is proposed under Texas Civil Statutes, Article 4512c, which 
provide the Texas State Board of Examiners of Psychologists with the authority 
to make all rules, not inconsistent with the Constitution and laws of this 
State, which are reasonably necessary for the proper performance of its duties 
and regulations of proceedings before it. 
The proposed amendment does not affect other statutes, articles, or codes. 

sec.465.1. Listings.
(a) Psychologists may <nl>list on materials relating to their practice,<ol> 
[include] the names, degrees and titles of certified psychologists, 
psychological associates, and other professionals associated with their practice 
of psychology [on letterhead, business cards, office signs, office doors, in 
brochures, office literature, and on billing statements]. If any of these 
persons is being supervised by the psychologist, the supervised status must also 
be <nl>listed as required by subsection (b) of this section<ol> [included with 
the listing of the persons' name, degree and title. One of the following must be 
used: 
[(1) Supervised by (name of licensed psychologist); 
[(2) Under the supervision of (name of licensed psychologist);
[(3) The following persons are under the supervision of (name of licensed 
psychologist); 
[(4) Supervisee of (name of licensed psychologist).] 
(b) <nl>It is the responsibility of both the licensed psychologist and of any 
individual practicing under the supervision of the licensed psychologist to 
ensure that all materials relating to the practice of psychology upon which the 
supervised individual's name appears shall clearly indicate the supervisory 
capacity of the individual and the name of the licensed psychologist under whom 
the supervised individual is offering psychological services by using one of the 
following designations: <ol> [If any person listed is a consultant, the 
psychologist must have a contractual agreement with the consultant in order to 
include the listing of the person's name, degree, and title.] 
<nl>(1)<ol> <nl>Supervised by (name of licensed psychologist); <ol>
<nl>(2)<ol> <nl> Under the supervision of (name of licensed psychologist); <ol>
<nl>(3)<ol> <nl> The following persons are under the supervision of (name of 
licensed psychologist); or <ol>
<nl>(4)<ol> <nl> Supervisee of (name of licensed psychologist).<ol>
<nl>(c)<ol> <nl> Only licensed psychologists may be listed in telephone 
directories under the title of "Psychologists." <ol>
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 18, 1996.
TRD-9618424
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 305-7700

22 TAC sec.465.10
The Texas State Board of Examiners of Psychologists proposes an amendment to 
sec.465.10, concerning Applicability of the Act and Rules of the Board to 
Licensees. The amendment is being proposed in order to add language that the 
term "licensee" will refer to all licensees/certificands, applicants and any 
other individual over whom the Board has authority. 
Sherry L. Lee, executive director, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing the section. 
Ms. Lee also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to clarify and simplify the rules. There will be no effect on 
small businesses. There is no anticipated economic cost to persons who are 
required to comply with the section as proposed. 
Comments on the proposal may be submitted to Janice C. Alvarez, Texas State 
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas 
78701, (512) 305-7700. 
The amendment is proposed under Texas Civil Statutes, Article 4512c, which 
provide the Texas State Board of Examiners of Psychologists with the authority 
to make all rules, not inconsistent with the Constitution and laws of this 
State, which are reasonably necessary for the proper performance of its duties 
and regulations of proceedings before it. 
The proposed amendment does not affect other statutes, articles, or codes. 

sec.465.10. Applicability of the Act and Rules of the Board <nl>to 
Licensees<ol>.
<nl>For purposes of the rules of the Board, the term "licensee" will include, 
unless the rule specifically indicates otherwise, not only licensed 
psychologists, but also certified psychologists, licensed psychological 
associates, licensed specialists in school psychology, applicants to the Board 
and any other individual over whom the Board has the authority to discipline 
under these rules<ol>. Irrespective of any training other than that which is 
primarily psychological which any [certificand or] licensee of this Board may 
have completed, or any other certification or licensure which any [certificand 
or] licensee of this Board may possess, or any other professional title or label 
he or she may claim, anyone certified or licensed by this Board is bound by the 
provisions of the Act and the rules of the Board in rendering psychological 
services for compensation. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 18, 1996.
TRD-9618425
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 305-7700

22 TAC sec.465.21
(Editor's Note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas State 
Board of Examiners of Psychologists or in the Texas Register office, Room 245, 
James Earl Rudder Building, 1019 Brazos Street, Austin.) 
The Texas State Board of Examiners of Psychologists proposes the repeal of 
sec.465.21, concerning Inactive Status. The repeal is being proposed because the 
Board is consolidating the rules dealing with inactive status for 
licensees/certificands. 
Sherry L. Lee, Executive Director, has determined that for the first five-year 
period the repeal is in effect there will be no fiscal implications for state or 
local government as a result of enforcing or administering the repeal. Ms. Lee 
also has determined that for each year of the first five years the repeal is in 
effect the public benefit anticipated as a result of enforcing the repeal will 
be to make the rules easier for licensees/certificands and the general public to 
follow and understand and to better inform the public of the Board's 
requirements. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the repeal 
as proposed. 
Comments on the proposal may be submitted to Janice C. Alvarez, Texas State 
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas 
78701, (512) 305-7700. 
The repeal is proposed under Texas Civil Statutes, Article 4512c, which provide 
the Texas State Board of Examiners of Psychologists with the authority to make 
all rules, not inconsistent with the Constitution and Laws of this State, which 
are reasonably necessary for the proper performance of its duties and 
regulations of proceedings before it. 
The proposed repeal does not affect other statutes, articles, or codes.
sec.465.21.Inactive Status.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 18, 1996.
TRD-9618426
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 305-7700

CHAPTER 466.Procedure
22 TAC sec.466.44
The Texas State Board of Examiners of Psychologists proposes new sec.466.44, 
concerning Disciplinary Guidelines. The new rule is being proposed in order to 
codify existing Board policies and practices. 
Sherry L. Lee, Executive Director, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the rule. 
Ms. Lee also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to better inform the public about the guidelines used by the 
Board in imposing disciplinary sanctions. There will be no effect on small 
businesses. There is no anticipated economic cost to persons who are required to 
comply with the section as proposed. 
Comments on the proposal may be submitted to Janice C. Alvarez, Texas State 
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas 
78701, (512) 305-7700. 
The new rule is proposed under Texas Civil Statutes, Article 4512c, which 
provide the Texas State Board of Examiners of Psychologists with the authority 
to make all rules, not inconsistent with the Constitution and Laws of this 
State, which are reasonably necessary for the proper performance of its duties 
and regulations of proceedings before it. 
The proposed new section does not affect other statutes, articles, or codes.

sec.466.44. Disciplinary Guidelines.
(a) Purpose. The Purpose of the guidelines is to: 
(1) Provide guidance and a framework of analysis for administrative law judges 
in the making of recommendations in contested licensure and disciplinary 
matters; 
(2) Promote consistency in the exercise of sound discretion by the Board in the 
imposition of sanctions in disciplinary matters ; and,
(3) Provide guidance for the resolution of potentially contested matters. 
(b) Limitations. This rule will be construed and applied so as to preserve Board 
members' discretion in the imposition of sanctions and remedial matters pursuant 
to Psychologists' Certification and Licensing Act, sec.23. This rule shall be 
further construed and applied so as to be consistent with the entire 
Psychologists' Certification and Licensing Act and shall be limited to the 
extent as otherwise proscribed by state law and Board rule.
(c) Revocation. The Board shall revoke the license of any licensee if the Board 
determines that the continued practice of psychology by the licensee poses a 
harm to the public. 
(d) Disciplinary Sanctions. If the Board does not revoke the license of a 
licensee as part of a disciplinary matter, it may impose the following 
disciplinary sanctions which are listed in descending order of severity: 
(1) Suspension for a definite period of time; 
(2) Suspension plus probation of any or all of the suspension period; 
(3) Probation of the license for a definite period of time; 
(4) Reprimand for a definite period of time. 
(e) Additional conditions. As terms of any sanction imposed by the Board upon a 
licensee pursuant to a disciplinary matter the Board may, at its discretion, 
impose any additional conditions and/or restrictions upon the license of the 
licensee that the Board deems necessary to facilitate the rehabilitation and 
education of the licensee and to protect the public, including but not limited 
to: 
(1) Consultation with the licensee on matters of ethics rules, laws and 
standards of practice by a licensed psychologist approved by the Board; 
(2) Restrictions on the licensee's ability to provide certain types of 
psychological services or to provide psychological services to certain classes 
of patients; 
(3) Restrictions on the licensee's supervision of others in the practice of 
psychology; 
(4) Completion of a specified number of continuing education hours on specified 
topics approved in advance by the Board in addition to any minimum number 
required of all licensees as a condition of licensure;
(5) Taking and passing with the minimum required score of any examination 
required by the Board of a licensee; 
(6) Undergoing a psychological and/or medical evaluation by a qualified 
professional approved in advance by the Board and undergoing any treatment 
recommended pursuant to the evaluation; 
(7) Writing a research paper on a specific topic; 
(8) Any other condition reasonably related to the rehabilitation and education 
of the licensee. 
(f) The length of the sanction period shall be determined by the Board taking 
into account the time reasonably required to complete the required terms and 
conditions set forth in the order imposing the sanction.
(g) Aggravation. The following may be considered as aggravating factors so as to 
merit more severe or restrictive sanction or action by the Board: 
(1) Patient harm and the type and severity thereof; 
(2) Economic harm to any individual or entity and the severity thereof; 
(3) Increased potential for harm to the public; 
(4) Attempted concealment of misconduct; 
(5) Premeditated conduct; 
(6) Intentional misconduct; 
(7) Prior written warnings or written admonishments from any supervisor or 
governmental agency or official regarding statutes or regulations pertaining to 
the licensee's practice of psychology; 
(8) Prior misconduct of a similar or related nature; 
(9) Disciplinary history; 
(10) Likelihood of future misconduct of a similar nature;
(11) Violation of a Board order; 
(12) Failure to implement remedial measures to correct or alleviate harm arising 
from the misconduct; 
(13) Lack of rehabilitative potential; 
(14) Motive; and, 
(15) Any relevant circumstances or facts increasing the seriousness of the 
misconduct. 
(h) Extenuation and Mitigation. The absence of the circumstances listed as 
subsection (g)(1)-(10) of this section, as well as the presence of the following 
factors, may be considered as extenuating and mitigating factors so as to merit 
less severe or less restrictive sanctions or actions by the Board: 
(1) Self-reported and voluntary admissions of misconduct; 
(2) Implementation of remedial measures to correct or mitigate harm arising from 
the misconduct; 
(3) Motive; 
(4) Rehabilitative potential; 
(5) Prior community service; 
(6) Relevant facts and circumstances reducing the seriousness of the misconduct; 
and, 
(7) Relevant facts and circumstances lessening responsibility for the 
misconduct. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 18, 1996.
TRD-9618427
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 305-7700

CHAPTER 469.Specialty Certification
22 TAC sec.469.2
The Texas State Board of Examiners of Psychologists proposes an amendment to 
sec.469.2 concerning Criteria for Health Service Provider in Psychology. The 
amendment is being proposed in order to put limitations on the length of time 
individuals may apply for status as Health Service Providers through the Board 
under criteria different from the current national standards. 
Sherry L. Lee, Executive Director, has determined that for the first five-year 
period the rule is in effect there will be no fiscal implications for state or 
local government as a result of enforcing or administering the rule. 
Ms. Lee also has determined that for each year of the first five years the rule 
is in effect the public benefit anticipated as a result of enforcing the rule 
will be to bring the Board's criteria for certifying psychologists as Health 
Service Providers into line with the Council for the National Register of Health 
Service Providers in Psychology. There will be no effect on small businesses. 
There is no anticipated economic cost to persons who are required to comply with 
the rule as proposed. 
Comments on the proposal may be submitted to Janice C. Alvarez, Texas State 
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas 
78701, (512) 305-7700. 
The amendment is proposed under Texas Civil Statutes, Article 4512c, which 
provide the Texas State Board of Examiners of Psychologists with the authority 
to make all rules, not inconsistent with the Constitution and Laws of this 
State, which are reasonably necessary for the proper performance of its duties 
and regulations of proceedings before it. 
The proposed amendment does not affect other statutes, articles, or codes. 

sec.469.2. Criteria for Health Service Provider in Psychology.
(a) <nl>After January 1, 1998, the Board will offer the designation of Health 
Service Provider only to licensees who have been previously designated as a 
Health Service Provider by the Council for the National Register of Health 
Service Providers. The Board will continue to recognize all individuals who were 
certified as Health Service Providers by the Board prior to January 1, 1998, and 
remain in good standing.<ol> [For a licensee to use the specialty certification, 
Health Service Provider in Psychology, the psychologist must:] 
[(1) Have had the designation, Health Service Provider, approved by the Texas 
State Board of Examiners of Psychologists prior to September 1, 1983; or 
[(2) After September 1, 1983, be currently designated as a Health Service 
Provider by the Council for the National Health Register of Health Service 
Providers.] 
(b) Effective <nl>January 1, 1998<ol> [September 12, 1983], <nl>in order to 
obtain<ol> [the following are the Board's requirements for] specialty 
certification as a Health Service Provider in Psychology<nl>, a licensee 
must<ol>: 
<nl>(1)<ol> <nl>Hold a current active license by the Board as a 
psychologist;<ol> [The psychologist must be currently licensed by the Texas 
State Board of Examiners of Psychologists.]
<nl>(2)<ol> <nl> Have no complaints pending against him or her with any 
licensing agency; and<ol> 
<nl>(3)<ol>[(2)] <nl> Provide the Board with<ol> [The psychologist must submit] 
documentation <nl>submitted<ol> directly <nl>to the Board <ol> from the National 
Register [of Health Service Providers] <nl> indicating that the psychologist is 
currently designated as a Health Service Provider with<ol> [concerning his/her 
current listing in] the National Register. 
(c) <nl>Until January 1, 1998, in order to obtain the specialty certification, 
all licensees must follow the procedure for certification set forth in 
subsection b of this section except<ol> [For] all individuals who hold a 
doctoral degree in psychology or the substantial equivalent thereof as defined 
in sec.463.16 of this title (relating to Degree Requirements for Certification 
of Psychologists) and were enrolled in that doctoral degree program prior to 
September 1, 1983, [the following are the Board's requirements at the time of 
application] <nl> may apply<ol> for specialty certification <nl>by providing to 
the Board<ol> [as a Health Service Provider in Psychology]: 
(1) <nl>Proof that the<ol> [The] psychologist <nl>is<ol> [must be] currently 
licensed by the Texas State Board of Examiners of Psychologists and have five 
years, full-time, licensed experience as a psychologist in providing health 
services to the public with no violations of licensure; 
(2) <nl>Proof that the<ol> [The] psychologist <nl>has<ol> [must have] completed 
not less than two years (3,000 hours) of supervised psychological experience in 
health services, of which at least one year (1,500 hours) was in an organized 
health service training program or internship and one year (1,500 hours) was at 
the post-doctoral level at a site where health services were provided; [and] 
(3) Two supportive letters of recommendation from licensed Health Service 
Providers in Psychology who are familiar with the applicant's work or from 
health care organizations for whom the applicant has provided health services as 
a psychologist are required<nl>; and <ol>[.] 
<nl>(4)<ol> <nl> A statement that the psychologist has no complaints pending 
against him or her with any licensing agency.<ol> 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 18, 1996.
TRD-9618428
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 305-7700

PART XXIII. Texas Real Estate Commission
CHAPTER 535. Provisions of the Real Estate License Act
Requirements for Licensure
22 TAC sec.535.51
The Texas Real Estate Commission proposes an amendment to sec.535. 51, 
concerning general requirements for licensure. The amendment would adopt by 
reference application forms used by persons applying for a real estate salesman 
or broker license or by prior licensees seeking another license. The forms are 
being revised to require the applicants to promise that they will not reveal the 
contents of the licensing examinations to other applicants. Adoption of the 
amendment would help to ensure the integrity of the examination process by 
maintaining the confidentiality of the contents of the examinations. 
Mark A. Moseley, general counsel, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section. There 
is no anticipated impact on local or state employment as a result of 
implementing the section. 
Mr. Moseley also has determined that for each year of the first five years the 
section as proposed is in effect the public benefit anticipated as a result of 
enforcing the section will be confidentiality of the contents of licensing 
examinations. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the 
proposed section. 
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel, 
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. 
The amendment is proposed under Texas Civil Statutes, Article 6573a, sec.5(h), 
which authorize the Texas Real Estate Commission to make and enforce all rules 
and regulations necessary for the performance of its duties. 
The amendment affects Texas Civil Statutes, Article 6573a.

sec.535.51. General Requirements. 
(a)-(c) (No change.) 
(d) The commission adopts by reference the following forms approved by the 
commission which are published by and available from the Texas Real Estate 
Commission, P. O. Box 12188, Austin, Texas 78711-2188: 
(1) Application for a Real Estate Broker License, TREC Form <nl>BL-5<ol> [BL-4] 
; 
(2) (No change.) 
(3) Application for Late Renewal of A Real Estate Broker License, TREC Form 
<nl>BLR-5<ol> [BLR-4] ; 
(4) (No change.) 
(5) Application for Real Estate Salesman License, TREC Form <nl>SL-5<ol> [SL-4 
]; 
(6) Application for Late Renewal of Real Estate Salesman License, Form TREC 
<nl>SLR-5<ol> [SLR-4]; 
(7)-(10) (No Change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 18, 1996.
TRD-9618376
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 465-3900

TITLE 30. ENVIRONMENTAL QUALITY
PART I. Texas Natural Resource Conservation Commission 
CHAPTER 7.Memoranda of Understanding
30 TAC sec.7.103
The Texas Natural Resource Conservation Commission (TNRCC or commission) 
proposes new sec.7.103, concerning entering into a Memorandum of Understanding 
(MOU) between the Texas Parks and Wildlife Department and the TNRCC. 
EXPLANATION OF THE RULE.
The MOU establishes a formal mechanism by which the two agencies can improve 
coordination and collaboration regarding the regulation of aquaculture 
facilities. The agreement establishes an effective system for interagency review 
of applications, lays out procedures for the exchange of information regarding 
aquaculture issues, facilitates on-site visits and responses to emergency 
situations, and eliminates duplication of effort between the two agencies. 
FISCAL NOTE.
Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five-year period the section as proposed is in effect there 
will be no significant fiscal implications for state or local government as a 
result of enforcing or administering the section. 
PUBLIC BENEFIT.
Mr. Minick has also determined that for each year of the first five years the 
section as proposed is in effect the public benefit anticipated as a result of 
enforcement of and compliance with the section will be improvements in the 
coordination of efforts between state agencies in the regulation of aquacultural 
activities, expedited enforcement of water quality regulations, enhanced 
protection of water quality and protection of public health. There are no 
economic costs to persons, including small businesses, who are required to 
comply with the section as proposed. 
TAKINGS IMPACT ASSESSMENT.
The commission has prepared a Takings Impact Assessment pursuant to Texas 
Government Code, sec.2007.043, the following is a summary of that Assessment. 
The specific purpose of the rules is to adopt a Memorandum of Understanding 
between the commission and TPWD concerning the regulation of aquaculture 
facilities. The rules will substantially advance this specific purpose by 
clarifying the respective duties of the two agencies in the regulation of 
aquaculture facilities. Promulgation and enforcement of these rules will not 
burden private real property because they do not restrict or limit the owner's 
right to the property that would otherwise exist in the absence of the 
rulemaking. 
SUBMITTAL OF COMMENTS.
Written comments on the proposal should mention Rule Log Number 96172-007-WT and 
may be submitted to Lutrecia Oshoko, Texas Natural Resource Conservation 
Commission, Office of Policy and Regulatory Development, MC 201, P.O. Box 13087, 
Austin, Texas, 78711-3087, (512) 239-4640. Comments may also be faxed to (512) 
239-5687. Written comments must be received by 5:00 p.m. 30 days from the date 
of publication of this proposal in the Texas Register. For further information 
concerning this proposal, please contact Tom Weber, Agriculture and Watershed 
Management Division, (512) 239-5072. 
STATUTORY AUTHORITY.
The new section is proposed under the Texas Water Code, sec.5.104, which 
authorizes the commission to enter into a MOU with any other state agency to 
clarify and provide for their functions on any matter within their 
jurisdictions. In addition, this new section is proposed under the Texas Water 
Code sec.5.102, which provides the commission with general powers to carry out 
duties under the Texas Water Code, and sec.5.103, which provides the commission 
with the authority to adopt any rule necessary to carry out the powers and 
duties of the Texas Water Code and other laws of this state. 

sec.7.103. Memorandum of Understanding (MOU) Between the Texas Natural Resource 
Conservation Commission (commission) and the Texas Parks and Wildlife Department 
(TPWD).
(a) Need for agreement. 
(1) Both the commission and the TPWD seek to ensure that regulation of 
aquaculture is conducted in a manner that is both collaborative and responsible.
(2) The commission and TPWD are concerned about issues relating to the raising 
of non-native aquatic species and the attendant concern about escapement into 
natural ecosystems, including the introduction of disease into natural 
ecosystems. 
(3) The commission and TPWD are concerned about the quality of wastewater 
discharges from aquaculture facilities and their effects on receiving waters in 
reservoirs, streams, bays and estuaries. 
(4) The commission and TPWD seek to establish an interagency review procedure 
for applications requesting authorization to discharge wastewater from 
aquaculture facilities. 
(5) The commission and TPWD seek to institute an effective system by which 
coordination and collaboration can be achieved to expedite enforcement actions 
in response to discharges from aquaculture facilities that are found to contain 
contagious disease that may impact state waters.
(6) Section 5.104 of the Texas Water Code authorizes the commission to enter 
into a memorandum of understanding with any other state agency. 
(7) It is the intention of this MOU to provide a formal mechanism by which TPWD 
may review and provide feedback on aquaculture issues that are subject to 
regulation by the commission and that have the potential to affect natural 
resources within the jurisdiction of TPWD. This exchange of information would 
assist the commission in making environmentally sound decisions, and would 
improve coordination between the commission and TPWD.
(b) Definitions. The following words and terms, when used in this section, shall 
have the following meanings unless the context clearly indicates otherwise: 
(1) Aquaculture - The business of producing or rearing aquatic species (fish, 
crustaceans, and other organisms in either fresh or marine waters) utilizing 
ponds, lakes, fabricated tanks and raceways, or other similar structures. 
(2) Memorandum of Understanding (MOU) - A formal document that clarifies and 
provides for the respective duties, responsibilities or functions of the state 
agencies who are signatories on any matter or matters under their jurisdiction 
that are not expressly assigned to either one of them. 
(c) Responsibilities. 
(1) The commission. The responsibilities of the commission relate primarily to 
its role as the natural resource agency with primary responsibility over 
conservation of natural resources and the protection of the environment, 
pursuant to sec.5.012 of the Texas Water Code. 
(A) The commission has general jurisdiction over the state's water quality 
program including issuance of waste discharge permits, water quality planning, 
and enforcement of water quality rules, standards, orders, and permits. 
(B) The commission seeks to maintain the quality of water in the state 
consistent with public health and enjoyment, the propagation and protection of 
terrestrial and aquatic life, the operation of existing industries, and the 
economic development of the state, and to require the use of all reasonable 
methods to implement this policy. 
(C) The commission is responsible for review of applications and subsequent 
issuance of waste discharge permits, temporary orders, emergency orders, and 
registrations for authorization by rule. 
(2) TPWD. The responsibilities of TPWD relate primarily to its functions as a 
natural resource agency, including its resource protection functions, as 
designated by sec.12.001 of the Parks and Wildlife Code.
(A) TPWD is the state agency with primary responsibility for protecting the 
state's fish and wildlife resources. 
(B) TPWD provides recommendations that will protect fish and wildlife resources 
to local, state, and federal agencies that approve, permit, license, or 
construct developmental projects. 
(C) TPWD provides information on fish and wildlife resources to any local, 
state, and federal agencies or private organizations that make decisions 
affecting those resources. 
(D) TPWD regulates the taking, possession and conservation of all kinds of 
marine life and other aquatic life. 
(E) TPWD regulates the introduction of fish, shellfish, and aquatic plants into 
public water, pursuant to sec.66.015(b) of the Texas Parks and Wildlife Code. 
(F) TPWD regulates the importation, possession and placing into state water of 
harmful or potentially harmful exotic species of fish, shellfish or aquatic 
plants, pursuant to sec.66.007(a) of the Texas Parks and Wildlife Code. 
(G) TPWD is responsible for review of applications and subsequent issuance of 
permits relating to the importation, possession and placing into state water of 
harmful or potentially harmful exotic species of fish, shellfish or aquatic 
plants, pursuant to sec.66.007(a) of the Texas Parks and Wildlife Code. 
(d) Provisions. This MOU is to facilitate the coordination and collaboration 
between the commission and TPWD with regard to aquaculture facilities. 
(1) The executive director will provide notification to TPWD of each application 
received which requests authorization for the discharge or disposal of 
wastewater from aquaculture facilities. Notification shall be mailed within 14 
days of the stamped date of receipt. Notification shall contain basic 
information on the proposed operation, including facility location, name(s) of 
receiving water body, proposed flow rate and other similar descriptive 
information so that TPWD may complete an initial assessment of the proposed 
operation. Within 30 days of the date of transmittal of notification, unless 
additional information is required, TPWD will complete its initial assessment 
and; 
(A) provide the executive director with recommendations designed to protect fish 
and wildlife resources, or 
(B) indicate that it has no comments. If no comments are received within 30 
days, the executive director will conclude that there are no comments and 
continue its normal processing of the application. 
(2) Upon receipt of a request by TPWD for additional information, the executive 
director will immediately provide such information so long as it is contained in 
the application materials. If additional information is not included in the 
application materials, and the information is necessary for TPWD to make its 
evaluation, the executive director will request such additional information from 
the applicant and provide it to TPWD as it becomes available. If no information 
is forthcoming from the applicant, the executive director will determine whether 
the application is technically sufficient without such information. The 
executive director may then either file the application and draft permit with 
the Office of Chief Clerk within the processing time frames identified in agency 
rules or, in the event that the executive director determines that this 
additional information is essential to complete its technical review, determine 
whether it is appropriate to either suspend processing or deem the application 
incomplete and return it to the applicant.
(3) Upon receipt of additional information from the executive director, TPWD 
will have 30 days to complete its review and either make its final 
recommendations or indicate that it has no comments. If nothing is received 
within 30 days, the executive director will conclude that there are no comments 
and continue its normal processing of the application. 
(4) The scope of review by TPWD may include, but is not limited to: 
consideration of especially sensitive receiving water conditions (aquatic 
habitat), impacts of the discharge on substrate (scouring, sedimentation) and 
water transparency, alteration of receiving water flow characteristics, existing 
or attainable biological and recreational uses, discharge rate and volume, and 
the likelihood of disease transmission. 
(5) Comments received from TPWD will be considered by the executive director in 
making decisions on applications requesting authorization for the discharge or 
disposal of wastewater from aquaculture facilities. TPWD's comments will be 
evaluated in conjunction with all other applicable factors and will be 
incorporated by the executive director whenever it is consistent with the 
commission's responsibilities. In accordance with the responsibilities of the 
commission as described in this document, the executive director reserves the 
right to determine the final disposition of applications. Upon making its 
preliminary recommendation regarding an application, the executive director will 
provide a response to TPWD that contains a copy of the draft permit, draft 
order, or final decision on an exemption or registration, and documentation 
providing an explanation for any of TPWD's comments that were not incorporated. 
(6) A new exotic species permit will not be issued by TPWD to any aquaculture 
facility that proposes to discharge wastewater until a commission waste 
discharge permit or other authorization has been issued or it is determined that 
the facility is exempted from such requirements.
(7) An interagency work group will be formed whose function will be to meet at 
least annually to address aquaculture issues relating to water quality, fish and 
wildlife resources, receiving stream habitat and uses. This work group will 
serve to strengthen coordination of the commission and TPWD activities related 
to the aquaculture industry and provide a conduit for shared information. The 
work group shall be composed of members of each agency and staffed at levels 
which are mutually agreeable as adequate to accomplish the stated goals. Each 
agency shall designate a primary contact person for this group and notify the 
other agency of any changes to the primary contact person. 
(8) The executive director and TPWD will coordinate studies related to 
applications that request authorizations for the discharge and disposal of 
wastewater. This may include on-site visits, receiving water assessments, sample 
collection, data analysis and related activities. Notification of the activity 
noted in this section will be communicated to the appropriate office at the 
other agency at least five days prior or as soon as is practicable. TPWD will 
notify the appropriate commission Regional Office and Wastewater Permits 
Section. The executive director will notify TPWD Resource Protection Regional 
Office and headquarters. 
(9) The executive director and TPWD will strive to coordinate responses to 
emergency conditions, investigation of unauthorized waste discharges, and 
compliance inspections of aquaculture facilities. The executive director and 
TPWD will provide notice to each other regarding site inspections, so as to 
allow the other agency to participate if desired. Notifications of scheduled 
compliance inspections will be communicated to the appropriate office of the 
other agency at least five days beforehand. Notification of other activities 
will be communicated as soon as practicable. TPWD will notify the commission 
Regional Office and the executive director will notify TPWD Resource Protection 
Regional Office. 
(e) General conditions. 
(1) The term of this MOU shall be from the effective date until termination of 
this agreement. Any amendment to the MOU shall be made by mutual agreement of 
the parties and shall be adopted by rule by both parties.
(2) Each party shall adopt by rule the MOU. All amendments shall also be adopted 
by rule. This MOU, and any subsequent amendment, shall become effective 20 days 
after the date on which the rule is filed in the office of the Secretary of 
State. 
(3) By signing this MOU, the signatories acknowledge that they are acting upon 
proper authority from their governing bodies. 
(4) Any party may terminate this MOU so long as it provides notice in writing to 
the other party 90 days in advance of the termination.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 27, 1996.
TRD-9618658
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: January 3, 1997
For further information, please call: (512) 239-4640
CHAPTER 50, 281, 291, 295, 297, 305, 321, 331, 336, 
30 TAC
(Editor's Note: The following proposed sections submitted by the Texas Natural 
Resources will be serialized beginning in the January 10, 1997, issue of the 
Texas Register.
sec.<nl>50.<ol><nl> 50. Action on Applications<ol>.
Subchapter B. Action on Applications
Amendment - 30 TAC sec.50.17
Subchapter C. Action by Executive Director
New -- 30 TAC sec.50.45
sec.<nl>281.<ol><nl> Applications Processing<ol>.
Undesignated Head: Applications Processing
Amendment -- 30 TAC sec.sec.281.2, 281.3, 281.17-281.23 
sec.<nl>291.<ol><nl> Water Rates<ol>.
Subchapter G. Certificates of Convenience and Necessity
Repeal -- 30 TAC sec.291.108
sec.<nl>295.<ol><nl> Water Rights, Procedural<ol>.
Subchapter C. Notice Requirements for Water Use Permit Applications 
Amendment -- 30 TAC sec.295.158
Proposed date of adoption: April 2, 1997
sec.<nl>297.<ol><nl> Water Rights, Substantive<ol>.
Subchapter F. Amendments to Water Rights; Corrections to Water Rights 
Repeal -- 30 TAC sec.297.62
sec.<nl>305.<ol> <nl> Consolidated Permits<ol>.
Subchapter B. Emergency Orders, Temporary Orders, and Executive Director 
Authorizations
New -- 30 TAC sec.305.31, sec.305.32
Subchapter C. Application for Permit
New and Amendment -- 31 TAC 305.41, 305.42, 305.44, 305.45, 305.52, 305.53, 
305.54
Subchapter D. Amendments, Renewals, Transfers, Corrections, Revocation, and 
Suspension of Permits
Repeal -- 30 TAC sec.305.65
Amendment -- 30 TAC sec.sec.305.62, 305.63, 305.66
sec.<nl>321.<ol><nl> Control of Certain Activities by Rule<ol>.
Subchapter O. Discharges from Aquaculture Production Facilities 
New -- 30 TAC sec.sec.321.271-321.280
sec.<nl>331.<ol> <nl> Underground Injection Control<ol>.
Subchapter A. General Provisions
Repeal -- 30 TAC sec.331.8
Amendment -- 30 TAC sec.sec.331.2, 331.4, 331.7, 331.9-331.13 
Subchapter B. Jurisdiction Over in Situ Uranium Mining
Repeal -- 30 TAC sec.sec.331.31-331.36
Subchapter C. General Standards and Methods
Amendment -- 30 TAC sec.sec.331.42- 331.46
Subchapter D. Standards for Class I Wells Other than Salt Cavern Solid Waste 
Disposal Wells
Amendment -- 30 TAC sec.sec.331.63-331.66, 331.68
Subchapter E. Standards for Class III Wells
Amendment -- 30 TAC sec.sec.331.81-331.86
Subchapter G. Consideration Prior to Permit Issuance
Amendment -- 30 TAC sec.331.121, sec.331.122
sec.<nl>336.<ol> <nl> Radioactive Substance Rules<ol>.
Subchapter A. General Provisions
New -- 30 TAC sec.sec.336.1-336.6, 336.11, 336.12
Subchapter B. Radioactive Substance Fees
New -- 30 TAC sec.sec.336.101-336.113
Subchapter C. Additional Application, Operation, and License Requirements 
New -- 30 TAC 336.201, 336.203, .336.205, .336.207, 336.209-336.211, 336.213, 
336.215, 336.217, 336.219
Subchapter D. Standards for Protection Against Radiation
New -- 30 TAC sec.sec.336.301-336.368
Subchapter E. Notices, Instructions, and Reports to Workers and Inspections 
New -- 30 TAC sec.sec.336.401-336.410
Subchapter F. Licensing of Alternative Methods of Disposal of Radioactive 
Material
New -- 30 TAC sec.sec.336.501-336.505, 336.512-336.514, 336.521
Subchapter G. Licensing Requirements for Source Material (Uranium or Thorium) 
Recovery and Processing Facilities
New 30 TAC sec.sec.336.601-336.606, 335.613-336.629, 336.636 
Subchapter H. Licensing Requirements for Near-Surface Land Disposal of 
Radioactive Waste
New 30 TAC sec.sec.336.701-336.703, 336.705-336.711, 336.715, 336.716, 336.718-
336.737, 336.740-336.743
Subchapter I. Financial Assurance
New 30 TAC sec.sec.336.801-336.807
Issued in Austin, Texas, on December 20, 1996. 
Kevin McCalla
Director, Legal Services
Texas Natural Resource Conservation Commission
For further information, please call: (512) 239-6087

TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART I. Texas Department of Public Safety
CHAPTER 13.Controlled Substances and Precursor/Apparatus
Rules and Regulations
SUBCHAPTER B.Registration
37 TAC sec.13.21
(Editor's Note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of Public Safety or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Texas Department of Public Safety proposes the repeal of sec.13.21, 
concerning Expiration Date for the Respective Specialties or Business 
Activities. The section is proposed for repeal with simultaneous proposal of new 
sec.13.21 which changes the title of the section and staggers expiration dates 
of registrants over an 11-month period to balance the workload of the agency. 
Tom Haas, Chief of Finance, has determined that for the first five years the 
repeal is in effect, there will be no fiscal implications for state or local 
governments as a result of enforcing or administering the repeal. There will be 
no effect on local employment or the local economy. 
Mr. Haas also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated as a result of enforcing the 
repeal will be the extension of some registrants' expiration dates during the 
one year period of transition. There is no anticipated economic cost to 
individuals who are required to comply with the proposed repeal. There is no 
anticipated cost to large or small businesses. 
Comments on the repeal may be submitted to John C. West, Jr., Chief of Legal 
Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0001, 
(512) 424-2890. 
The repeal is proposed pursuant to the Health and Safety Code, Chapter 481, 
Texas Controlled Substances Act, sec.481.064(a), which states the director may 
adopt reasonable rules. 
The Health and Safety Code, Chapter 481, Texas Controlled Substances Act, 
sec.481.064(a) is affected by this proposal.
sec.13.21. Expiration Date for the Respective Specialties or Business 
Activities.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 16, 1996.
TRD-9618404
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 424-2890

The Texas Department of Public Safety proposes new sec.13.21, concerning 
Expiration Date. New sec.13.21 states that a certificate of registration will 
expire on the last day of the twelfth month following the month of issuance and 
may be extended for a period of up to eleven months as determined by the 
department. 
Tom Haas, Chief of Finance, has determined that for the first five year period 
the rule is in effect there will be fiscal implications to state government.
Fiscal impact to state government as a result of a one-time special mailing to 
approximately 50,000 registrants will be $13,710.00. There will be no fiscal 
implications for local government. 
Mr. Haas also has determined that for each year of the first five years the rule 
is in effect the public benefit anticipated as a result of enforcing the rule 
will be the extension of some registrants' expiration dates during the one-year 
period of transition. There is no anticipated cost to persons who are required 
to comply with the section as proposed. There are no anticipated economic costs 
to small or large businesses. 
Comments on the proposal may be submitted to John C. West, Jr., Chief of Legal 
Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0001, 
(512) 424-2890. 
The new section is proposed pursuant to the Health and Safety Code, Chapter 481, 
Texas Controlled Substances Act, sec.481.064(a) which states the director may 
adopt reasonable rules. 
The Health and Safety Code, Chapter 481, Texas Controlled Substances Act, 
sec.481.064(a) is affected by this proposal.

sec.13.21. Expiration Date.
(a) Except as provided by subsection (b) of this section, a certificate of 
registration shall expire on the last day of the twelfth month following the 
month of issuance indicated on the certificate. 
(b) A certificate of registration issued by the department may be extended for a 
period of up to eleven months if the department determines the extension is 
necessary to evenly allocate expiration dates. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 16, 1996.
TRD-9618403
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 424-2890

SUBCHAPTER F.Triplicate Prescriptions
37 TAC sec.13.106
The Texas Department of Public Safety proposes an amendment to sec.13.106, 
concerning exceptions to use of triplicate prescription forms. The amendment 
adds new subsection (d) which exempts therapeutic optometrists, who possess and 
administer cocaine eye drops, from having to issue triplicate prescription forms 
as required under the Health and Safety Code, Chapter 481, Texas Controlled 
Substances Act, sec.481.075, Triplicate Prescription Program. 
Tom Haas, Chief of Finance, has determined that for each year of the first five-
year period the rule is in effect there will be no fiscal implications as a 
result of enforcing or administering the rule. There will be no fiscal 
implications for state or local government as a result of enforcing or 
administering the rule. 
Mr. Haas also has determined that for each year of the first five years the rule 
is in effect the public benefit anticipated as a result of enforcing the rule 
will be less government regulation of therapeutic optometrists' possession and 
administering cocaine eye drops for diagnostic purposes. There are no 
anticipated economic costs to persons who are required to comply with the 
section as proposed. There are no anticipated economic costs to small or large 
businesses. 
Comments on the proposal may be submitted to John C. West, Jr., Chief of Legal 
Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0001, 
(512) 424-2890. 
The amendment is proposed pursuant to the Health and Safety Code, Chapter 481, 
Texas Controlled Substances Act, sec.481.064(a) which states the director may 
adopt reasonable rules. 
The Health and Safety Code, Chapter 481, Texas Controlled Substances Act, 
sec.481.064(a) is affected by this proposal.

sec.13.106. Exceptions to Use of Triplicate Prescription Forms.
(a)-(c) (No change.)
<nl>(d)<ol> <nl>A triplicate prescription is not required when a therapeutic 
optometrist administers a topical ocular pharmaceutical agent in compliance with 
the Texas Optometry Act (the Act) or a rule adopted by the Texas Optometry Board 
under the authority of the Act.<ol>
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 16, 1996.
TRD-9618405
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 424-2890

PART VII. Texas Commission on Law Enforcement Officer Standards and Education
CHAPTER 211.Administration
22 TAC sec.211.77, sec.211.78
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas 
Commission on Law Enforcement Officer Standards and Education or in the Texas 
Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, 
Austin.)
The Texas Commission on Law Enforcement Officer Standards and Education 
("commission") proposes the repeal of sec.sec.211.77 and 211.78, concerning 
minimum training standards for peace officers and county jailers. A 
reorganization plan for the Commission's rules, which was developed by staff in 
response to concerns that the rules had become too complex, disorganized and 
difficult to understand, was proposed by staff, discussed by the Commission's Ad 
Hoc Rules Committee and considered during the drafting of a number of new rules 
over the last year. Included in the reorganization plan is a schedule developed 
by staff for renumbering certain sections as a way to more clearly label 
specific topics and to more fully utilize the chapter numbers available in the 
Texas Administrative Code for the Commission's rules. New sections 
sec.sec.217.77 and 217.78, proposed in this issue of the Texas Register<ol>, 
will replace sec.sec.211.77 and 211.78. 
D. C. Jim Dozier, Executive Director of the commission, has determined that for 
the first five-year period that the repeals are in effect, there will be no 
fiscal implications for state or local government as a result of the repeal of 
these sections. 
Mr. Dozier also has determined that for each year of the first five years the 
repeals are in effect, the public benefit anticipated as a result will be better 
understanding on the part of the law enforcement community of the training 
standards for peace officer and jailer licenses. There will be no effect on 
small businesses. There is no anticipated increase in economic cost to 
individuals who are required to comply. 
Wirtten comments should be submitted to D. C. Jim Dozier, Executive Director, 
Texas Commission on Law Enforcement Officer Standards and Education, 6330 U. S. 
Highway 290 East, Suite 200, Austin, Texas 78723 or by facsimile to (512) 406-
3614. 
The repeals are proposed under Texas Government Code Annotated, Chapter 415, 
sec.415.010, which authorizes the commission to promulgate rules for the 
administration of Chapter 415; under sec.415.031, which requires the commission 
to establish and maintain training programs for officers and county jailers; and 
under sec.415.032, which requires the commission to establish minimum curriculum 
requirements for preparatory courses and programs. The following statutes are 
affected by the proposed repeals: Texas Government Code Annotated, Chapter 415, 
sec.415.010. General Powers. 
sec.211.77. Minimum Training Standards for Peace Officers.
sec.211.78.. Minimum Training Standards for Jailers. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 19, 1996.
TRD-9618442
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education 
Proposed date of adoption: March 7, 1997
For further information, please call: (512) 450-0188

37 TAC sec.211.96
(Editor's Note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Commission 
on Law Enforcement Officer Standards and Education or in the Texas Register 
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission on Law Enforcement Officer Standards and Education 
("Commission") proposes the repeal of sec.211.96, concerning reactivation of 
peace officer licenses. A reorganization plan for the Commission's rules, which 
was developed by staff in response to concerns that the rules had become too 
complex, disorganized and difficult to understand, was proposed by staff, 
discussed by the Commission's Ad Hoc Rules Committee and considered during the 
drafting of a number of new rules over the last year. Included in the 
reorganization plan is a schedule developed by staff for renumbering certain 
sections as a way to more clearly label specific topics and to more fully 
utilize the chapter numbers available in the Texas Administrative Code for the 
Commission's rules. New section sec.217.96, proposed in this issue of the Texas 
Register, will replace sec.211.96. 
D. C. Jim Dozier, Executive Director of the commission, has determined that for 
the first five-year period that the repeal is in effect, there will be no fiscal 
implications for state or local government. 
Mr. Dozier also has determined that for each year of the first five years the 
repeal is in effect, the public benefit anticipated as a result will be more 
fair and efficient administration of reactivation procedures for peace officers, 
an improvement in the professionalism of non-commissioned peace officer license 
holders, and an increase in the pool of qualified individuals eligible for hire 
by Texas law enforcement agencies. There will be no effect on small businesses. 
There is no anticipated increase in economic cost to individuals who are 
required to comply. 
Written comments should be submitted to D. C. Jim Dozier, Executive Director, 
Texas Commission on Law Enforcement Officer Standards and Education, 6330 U. S. 
Highway 290 East, Suite 200, Austin, Texas 78723, or by facsimile to (512) 406-
3614. 
The repeal is proposed under Texas Government Code Annotated, Chapter 415 
sec.415.010, which authorizes the commission to promulgate rules for the 
administration of Chapter 415; and under sec.415.052, which requires the 
commission to adopt rules relating to requirements for reactivation of a peace 
officers' license after a break in employment. 
The following statutes are affected by the proposed new section: Texas 
Government Code Annotated, Chapter 415, sec.415.010. General Powers.
sec.211.96. Reactivation of a Peace Officer License. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 19, 1996.
TRD-9618440
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education 
Proposed date of adoption: March 7, 1997
For further information, please call: (512) 450-0188

CHAPTER 217.Licensing Requirements
37 TAC sec.217.96
The Texas Commission on Law Enforcement Officer Standards and Education 
("Commission") proposes new sec.217.96, concerning reactivation of a peace 
officer license. A reorganization plan for the Commission's rules, which was 
developed by staff in response to concerns that the rules had become too complex 
and difficult to understand, was proposed by staff, discussed by the 
Commission's Ad Hoc Rules Committee, and considered during the drafting of a 
number of new rules over the last year. Included in the reorganization plan is a 
schedule developed by staff for renumbering certain sections as a way to more 
clearly label specific topics and to more fully utilize the chapter numbers 
available in the Texas Administrative Code for the Commission's rules. The new 
section sec.217.96 will replace current sec.211.96, which is proposed to be 
repealed in this edition of the Texas Register. 
The proposed new section contains two important changes. First, it contains a 
new provision that allows the holder of an active license to maintain the active 
status of that license by completing the forty hours of continuing education 
training required of peace officer license holders every 24 months. Second, the 
new section contains a change to the examination procedures for those whose 
licenses have become inactive. The current rule allows a person who wishes to 
reactivate a peace officer license to take the exam once without obtaining any 
additional training. If the licensee fails, the current rule requires the 
completion of a "supplementary" course before being granted three opportunities 
to pass the exam. Only after failing at those three tries is the licensee 
required to complete the entire basic peace officer course again. The proposed 
new rule provides that a reactivator may challenge the exam three times. If the 
licensee fails those three times, he or she must complete the entire basic peace 
officer course before being allowed another three tries. Finally, some out-of-
date and burdensome provisions regarding temporary licenses were omitted from 
the proposed new rule. 
D. C. Jim Dozier, Executive Director of the commission, has determined that for 
the first five-year period that the new section is in effect, there will be no 
fiscal implications for state or local government. 
Mr. Dozier also has determined that for each year of the first five years the 
new section is in effect, the public benefit anticipated as a result will be 
more fair and efficient administration of reactivation procedures for peace 
officers, an improvement in the professionalism of non-commissioned peace 
officer license holders, and an increase in the pool of qualified individuals 
eligible for hire by Texas law enforcement agencies. There will be no effect on 
small businesses. There is no anticipated increase in economic cost to 
individuals who are required to comply. 
Written comments should be submitted to D. C. Jim Dozier, Executive Director, 
Texas Commission on Law Enforcement Officer Standards and Education, 6330 U. S. 
Highway 290 East, Suite 200, Austin, Texas 78723 or by facsimile to (512) 406-
3614. 
The new section proposed under Texas Government Code Annotated, Chapter 415 
sec.415.010, which authorizes the commission to promulgate rules for the 
administration of Chapter 415; and under sec.415.052, which requires the 
commission to adopt rules relating to requirements for reactivation of a peace 
officers' license after a break in employment. 
The following statutes are affected by the proposed new section: Texas 
Government Code Annotated, Chapter 415, sec.415.010. General Powers.

sec.217.96. Reactivation of a Peace Officer License. 
(a) The commission will place a peace officer license in an inactive status when 
the license holder has not been reported to the commission as appointed as 
either a peace officer or reserve law enforcement officer for more than two 
years after: 
(1) the last report of termination; or 
(2) the date of last reactivation. 
(b) Effective September 1, 1997, the holder of an active license who meets all 
other current licensing standards may maintain an active license status by 
completing continuing education training to comply with the continuing education 
training requirements in place for the license at the time. 
(c) The holder of an inactive license is unlicensed for purposes of these 
sections and the Government Code, Chapter 415. 
(d) In this section, the term "peace officer license" includes any permanent 
peace officer qualification certificate with an effective date before September 
1, 1981. 
(e) Upon application and submission of any required fee, the commission will 
issue the holder of an inactive peace officer license an endorsement of 
eligibility to take the peace officer examination. This endorsement of 
eligibility will allow the applicant to take the examination three times. If 
failed three times, the applicant may not be issued another endorsement of 
eligibility until successful completion of the current basic peace officer 
course. 
(f) The effective date of this section is June 1, 1997. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 19, 1996.
TRD-9618439
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education 
Proposed date of adoption: March 7, 1997
For further information, please call: (512) 450-0188

TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART I. Texas Department of Human Services
CHAPTER 48.Community Care for Aged and Disabled
Case Management
40 TAC sec.48.3901
The Texas Department of Human Services (DHS) proposes an amendment to 
sec.48.3901, concerning application for services, in its Community Care for Aged 
and Disabled (CCAD) chapter. The purpose of the amendment is to clarify the 
amount of time allowed to establish program eligibility. 
Terry Trimble, interim commissioner, has determined that for the first five-year 
period the proposed section will be in effect there will be no fiscal 
implications for state or local government as a result of enforcing or 
administering the section. 
Mr. Trimble also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be public access to correct information. There will be no effect on 
small businesses. There is no anticipated economic cost to persons who are 
required to comply with the proposed section. 
Questions about the content of the proposal may be directed to Beverly Garrett 
at (512) 438-3140 in DHS's Client Eligibility section. Written comments on the 
proposal may be submitted to Supervisor, Rules Unit, Media and Policy Services-
092, Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 
78714-9030, within 30 days of publication in the Texas Register. 
The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Government Code, sec.531.021, 
which provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The amendment implements sec.sec.22.001-22.030 and sec.sec.32.001-32.041 of the 
Human Resources Code. 

sec.48.3901. Application for Services.
(a)-(c) (No change.) 
(d) <nl>Eligibility for CCAD services for income-eligible applicants is 
determined within 30 calendar days after a signed application is received. For 
categorically-eligible applicants, eligibility must be determined within 30 
calendar days after either the client's assessment or face to face contact with 
the worker, whichever comes first. If the applicant withdraws from the program 
before an assessment is completed or a face-to-face interview is conducted, no 
further action is necessary. <ol>[Eligibility for services is determined within 
30 calendar days after the signed application is received by the department for 
verification of income/resources, or if income/resources do not have to be 
verified, within 30 calendar days after the client's assessment or client's 
contact with the worker, if the client withdraws from the program before 
assessment is completed. The applicant/client must provide all information 
requested by department staff for use in determining eligibility. If the 
applicant/client fails to cooperate, he is not eligible for services. 
Falsification of information is grounds for prosecution.] 
(e)-(g) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618583
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Proposed date of adoption: March 1, 1997
For further information, please call: (512) 438-3765

PART III. Texas Commission on Alcohol and Drug Abuse
CHAPTER 143. Awards
SUBCHAPTER A. Funding Mechanisms
40 TAC sec.sec.143.1-143.12, 143.31, 143.32
The Texas Commission on Alcohol and Drug Abuse proposes new sec.sec.143.1-
143.12, 143.31, and 143.32, concerning procedures for awarding funds for client 
services. The sections describe the allocation of funds, establish parameters 
for selection criteria used to determine best value, and describe the 
competitive funding process including advertisement, request for proposals, 
application, application criteria and application information requirements, 
screening, peer review, and funding decision procedures. Additional sections 
explain conditions under which the commission may cancel a solicitation, 
describe procedures used for emergency purchases, and explain limitations on 
funding unsolicited proposals. These rules are proposed to implement changes 
resulting from a comprehensive review of the commission's funding process. They 
will replace rules currently proposed for repeal. 
Terry Bleier, Executive Director, has determined that for the first five-year 
period the new sections are in effect there will be no fiscal implications for 
state or local government as a result of enforcing the new sections. Ms. Bleier 
also has determined that for each year of the first five years the new sections 
are in effect the public benefit anticipated as a result of enforcing the new 
sections will be improved funding procedures which obtain the best value for the 
state resources. There will be no effect on small businesses. There are no 
anticipated economic costs to currently funded providers who are required to 
comply with the new sections as proposed. 
Comments on the proposal may be submitted to Tamara Allen, Program Compliance, 
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, 
Texas 78753. 
The new sections are proposed under the Texas Health and Safety Code, 
sec.461.012(15), which provides the Texas Commission on Alcohol and Drug Abuse 
with the authority to adopt rules governing the functions of the commission, 
including rules that prescribe the policies and procedures followed by the 
commission in administering any commission programs. 
The code affected by the new sections is the Texas Health and Safety Code, 
Chapter 461. 

sec.143.1. Applicability. 
The rules in this chapter apply to actions occurring after the date of adoption 
which pertain to funds allocated for client services in Fiscal Year 1998 and 
beyond that have not been exempted through an executive order identifying the 
reason for the exception and the procedures to be applied.

sec.143.2. Allocation of Funds. 
Funds available for regional services are allocated to each of the 11 Health and 
Human Services Commission (HHSC) regions through a formula approved by the board 
of commissioners. Funds are regionally allocated for general adult treatment, 
court commitment services, youth prevention, and youth treatment. An executive 
order will be issued annually describing services for which funds will not be 
allocated regionally. The commission establishes restrictions and stipulations 
needed to fulfill state and federal funding mandates. The commission notifies 
the Regional Advisory Consortia (RAC) of estimated available funds and any 
restrictions and stipulations. The Regional Advisory Consortia have an 
opportunity to request recommendations regarding service needs and priorities 
unless the funds must be dispersed immediately. The commission considers RAC 
recommendations when it develops the statements of work and selection criteria 
for regional requests for proposal. 

sec.143.3. Selection Criteria. 
The commission develops selection criteria for each request for proposals which 
reflect applicable state and federal mandates. Selection criteria are designed 
to select applications which provide best overall value to the state. The award 
criteria include: program quality as determined by the peer review process; and 
the cost of proposed service. The commission may consider additional factors in 
determining best value, including: financial ability to perform services; state 
and community investment; regional service needs and priorities; access for 
underserved areas and populations; ability to provide service continuity; and 
past performance and compliance. Selection criteria include the scoring 
system(s) to be used and the weight assigned to each factor. Selection criteria 
are approved by the board of commissioners and listed in the request for 
proposals. 

sec.143.4. Advertisement. 
The commission publishes a notice of the intent to purchase services through a 
competitive process in the Texas Register. The notice includes: the service to 
be purchased; the geographic area to be served; funding limitations; method of 
payment; contract period; any limitations on who is eligible to submit an 
application; and the requirements and deadline for submitting a letter of 
intent. In order to be eligible to compete, applicants who are not already 
funded by the commission must submit specified documents with the letter of 
intent that demonstrate the applicant's financial ability to perform to 
services. The commission will issue a request for proposals if at least two 
eligible applicants submit a letter of intent by the specified deadline. 

sec.143.5. Request for Proposals (RFP). 
The request for proposals includes: goals describing the purpose of the funds; a 
clear and accurate description of the services to be purchased; all requirements 
that must be met for an application to be considered; an estimate of the funds 
available; applicable priorities and restrictions; application forms, 
procedures, and timeframes; and the selection criteria and the process used to 
evaluate proposals and select award recipients. For regional funds, the request 
for proposals is targeted to individual Health and Human Services Commission 
regions. The goals and statement of work address regional needs and priorities 
established by the Regional Advisory Consortia. 

sec.143.6. Application. 
An organization shall apply for funding using forms and procedures specified by 
the commission. The application shall be signed by the organization's authorized 
official. Applicants seeking financial assistance from the commission shall 
comply with the Texas Review and Comment System (TRACS) as described in the 
request for proposal. A favorable Texas Review and Comment System recommendation 
is not required for applicants to submit proposals to the commission. 
Applications shall be submitted by mail or in person. The commission does not 
accept applications by facsimile. Applications shall be received at the 
commission by the date and time stated in the request for proposal. The 
commission will not consider any material related to an application (except for 
Texas Review and Comment System comments) that is received after the due date. 

sec.143.7. Application Information. 
The commission shall not fund an applicant who does not provide all request 
information. An applicant shall disclose to the commission in writing any 
pending or threatened litigation which might prevent the applicant from meeting 
funding requirements, if funded. This includes but is not limited to: an action, 
suit, or proceeding before any court or governmental body, including 
environmental and civil rights matters; and employee labor disturbances. All 
applicants shall supply the following information, if requested: identifying 
information; documentation of legal basis for operation; ownership or control 
information; information on business transactions and relationships; information 
on financial status; and information on persons convicted of crimes. 

sec.143.8. Application Criteria.
An application shall not be considered for competitive funding unless the 
applicant meets the following criteria on the application due date and continues 
to meet them throughout the selection and funding process. 
The applicant shall be a legally established public, private nonprofit, or for-
profit organization. For-profit entities are only eligible to be considered for 
funding to provide treatment services and shall not be funded through a 
financial assistance payment mechanism. 
Applicants seeking funding for treatment services shall be licensed to provide 
the requested services (detox, residential, or outpatient) to the proposed 
target population. 
The applicant shall be in compliance with any commission agreed order. The 
applicant shall have a Texas address. A post office box address may be used when 
the application is submitted, but the applicant must be able to conduct business 
out of a physical location in Texas before funds will be released. 
The applicant shall have a governing body that provides oversight which is 
separate and different from staff who operate the program. Staff members, 
including the executive director, shall not serve on the governing board. The 
applicant shall be in good standing with any State or Federal agency that has a 
contracting relationship with the applicant. If a State or Federal agency has 
suspended or terminated an applicant's award within the last 12 months for 
deficiencies in performance of the award, that applicant is not eligible to 
apply through a request for proposals unless all issues have been satisfactorily 
resolved as demonstrated by written documentation from the State or Federal 
agency. Additionally, an applicant is not eligible if it is debarred from 
participation in federal assistance programs. Applicants who have previously 
been funded by the commission shall be in compliance with the following 
requirements: 
if the applicant has been suspended or terminated by the commission at any time 
in the past all issues shall be satisfactorily resolved (demonstrated by written 
documentation from the commission); 
if the applicant owes a refund to the commission, the applicant shall be on 
schedule with the terms of the repayment agreement; 
the applicant shall have submitted an annual audit as required by the grant 
agreement or contract and corrected all deficiencies or submitted a corrective 
action plan that the commission has accepted. 
The commission may establish additional eligibility standards in a request for 
proposals or other form of solicitation. 
Organizations that do not meet the application criteria may be considered for 
developmental funds if such funds become available, provided the organization 
has corrected identified deficiencies. 
Providers shall continue to meet application criteria after funds are awarded or 
be subject to sanctions. 
The commission may deny funding to an applicant if any person who has an 
ownership or controlling interest in the provider organization, or who is an 
agent or managing employee of the provider, has been convicted of a criminal 
offense related to involvement in any program established under Medicare, 
Medicaid, or the Title XX block grant. 
The commission may refuse to fund an applicant who cannot demonstrate that the 
location where services will be provided is in compliance with all applicable 
local and state zoning, building, health, fire, and safety standards. 

sec.143.9. Screening. 
Commission staff screen the applications for completeness and conduct an 
evaluation using application criteria stated in the request for proposals. An 
application shall meet all application criteria to qualify for further 
consideration. 
The commission notifies applicants eliminated through the screening process 
within 45 days of the submission deadline. 

sec.143.10. Peer Review. 
The commission uses peer reviewers to evaluate the quality of applications. The 
commission solicits applications from professionals outside Texas to serve as 
peer reviewers. Peer reviewers shall demonstrate appropriate training and 
experience and shall not have a conflict of interest. 
The commission provides written procedures and training for all peer reviewers. 
The peer reviewers score each application according to the review criteria 
stated in the request for proposal. 

sec.143.11. Funding Decisions. 
The commission applies the selection criteria to determine which applications 
will be funded. 
Lobbying of commission staff or commissioners is prohibited. 
The commission sends successful applicants written notice within 30 days of the 
funding decision. 
The commission may negotiate with selected applicants to determine the terms of 
the award. To receive an award, the applicant shall accept any additional or 
special terms and conditions listed in the grant award notice and any changes in 
the funding application. Terms and conditions shall be limited to items required 
to ensure compliance with requirements stated in the request for proposals and 
applicable commission rules. 
A provider shall not enter into an agreement with the commission if legal action 
that might impact the provider's ability to meet the requirements of the award 
is pending or threatened. 
The commission notifies unsuccessful applicants in writing within 30 days of the 
funding decision. Upon written request, the commission will provide written 
feedback on unsuccessful proposals within 30 days of receipt of the written 
request. If this time frame cannot be met the applicant will be informed of the 
date of response. Applicants shall not make public announcements about the 
commission funds until they have received written award notification from the 
commission.

sec.143.12. Cancellation or Suspension of Solicitation.
The commission has the right to reject all offers and cancel a solicitation. 
Reasons for cancellation include: the specifications given in the request for 
proposals were inaccurate, inadequate, or ambiguous; the services are no longer 
required; the offers received indicated that the services can be purchased by a 
less expensive method; evidence is received that the bids/offers are collusive 
or were submitted in bad faith; none of the applicants are considered 
responsive; and funds are no longer available. 

sec.143.31. Emergency Purchase. 
Emergency treatment services may be purchased from licensed treatment providers 
on a non-competitive basis when clients will suffer adverse consequences unless 
services are secured immediately. The executive director shall approve the 
transaction, including a statement of justification which: describes the 
emergency situation and what caused it; describes the damage that will occur if 
needs are not satisfied immediately; and states why the needs were not or could 
not be anticipated. The initial funding period shall last no longer than 90 
days. Funding can be approved for additional 90-day periods until the emergency 
no longer exists or a provider is selected through other procedures as provided 
in this chapter. The commission has no real or implied commitment to the 
provider for on-going contractual obligations. During the first 90-day period, 
the commission will evaluate the provider in relation to federal and state 
requirements and its own application criteria. If the provider does not meet 
relevant requirements or the commission's application criteria, the commission 
will terminate the services as soon as possible. Upon approval by the executive 
director of an emergency services transaction, the commission shall promptly 
initiate procedures to secure the needed services on a long-term basis. 

sec.143.32. Unsolicited Proposals. 
The commission's executive director may authorize funding for unsolicited 
proposals when sufficient and proper funds are available. Unsolicited proposals 
are accepted only for prevention services. Total cost shall not exceed $25,000 
and the project shall be completed within a 12-month period. Unsolicited 
proposals do not include late or advance proposals for known commission 
requirements that can be obtained through standard procedures. Ongoing programs 
are not eligible for awards through this process. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt. 
Issued in Austin, Texas, on December 19, 1996.
TRD-9618399
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 349-6609

40 TAC sec.sec.143.11-143.14, 143.16, 143.17
The Texas Commission on Alcohol and Drug Abuse proposes the repeal of 
sec.sec.143.11-143.14, 143.16 and 143.17, concerning procedures for awarding 
funds for services. These sections describe methods of purchase, competitive 
negotiation, noncompetitive negotiation, unsolicited proposals, categorical 
awards, and emergency purchase procedures. The repeal is proposed to allow 
adoption of new funding rules. 
Terry Bleier, Executive Director, has determined that for the first five-year 
period the repeal is in effect there will be no fiscal implications for state or 
local government as a result of the proposed repeal. 
Ms. Bleier also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated will be the elimination of 
redundant rules. There will be no effect on small businesses. There are no 
anticipated economic costs to currently funded providers who are required to 
comply with the proposed repeal. 
Comments on the proposal may be submitted to Tamara Allen, Program Compliance, 
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, 
Texas 78753. 
The repealed sections are proposed under the Texas Health and Safety Code, 
sec.461.012(15), which provides the Texas Commission on Alcohol and Drug Abuse 
with the authority to adopt rules governing the functions of the commission, 
including rules that prescribe the policies and procedures followed by the 
commission in administering any commission programs. The code affected by the 
repealed sections is the Texas Health and Safety Code, Chapter 461. 
sec.143.11. Methods of Purchase. 
sec.143.12. Competitive Negotiation. 
sec.143.13. Noncompetitive Negotiation. 
sec.143.14. Unsolicited Proposals. 
sec.143.16. Categorical Awards. 
sec.143.17. Emergency Purchase. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 19, 1996.
TRD-9618396
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 349-6609

SUBCHAPTER B. Eligibility
40 TAC sec.sec.143.21, 143.23-143.25
The Texas Commission on Alcohol and Drug Abuse proposes the repeal of 
sec.sec.143.21 and 143.23-143.25, concerning procedures for awarding funds for 
services. These sections describe eligibility criteria, required application 
information, requirements for compliance with other agencies, and provisions 
regarding litigation. The repeal is proposed to allow adoption of new funding 
rules. 
Terry Bleier, Executive Director, has determined that for the first five-year 
period the repeal is in effect there will be no fiscal implications for state or 
local government as a result of the proposed repeal. 
Ms. Bleier also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated will be the elimination of 
redundant rules. There will be no effect on small businesses. There are no 
anticipated economic costs to currently funded providers who are required to 
comply with the proposed repeal. 
Comments on the proposal may be submitted to Tamara Allen, Program Compliance, 
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, 
Texas 78753. 
The repealed sections are proposed under the Texas Health and Safety Code, 
sec.461.012(15), which provides the Texas Commission on Alcohol and Drug Abuse 
with the authority to adopt rules governing the functions of the commission, 
including rules that prescribe the policies and procedures followed by the 
commission in administering any commission programs. The code affected by the 
repealed sections is the Texas Health and Safety Code, Chapter 461. 
sec.143.21. Eligibility Criteria. 
sec.143.23. Application Information. 
sec.143.24. Compliance with Other Ag