ADOPTED RULES
An agency may take final action on a section 30 days after a proposal has been 
published in the Texas Register. The section becomes effective 20 days after the 
agency files the correct document with the Texas Register, unless a later date 
is specified or unless a federal statute or regulation requires implementation 
of the action on shorter notice. If an agency adopts the section without any 
changes to the proposed text, only the preamble of the notice and statement of 
legal authority will be published. If an agency adopts the section with changes 
to the proposed text, the proposal will be republished with the changes.

TITLE 22. EXAMINING BOARDS
PART XVI. Texas Board of Physical Therapy Examiners
CHAPTER 323. Powers and Duties of the Board
22 TAC sec.323.4
The Texas Board of Physical Therapy Examiners adopts amended sec.323.4, 
concerning the Applications Review Committee, without changes to the proposed 
text as published in the August 16, 1996, issue of the Texas Register (21 TexReg 
7711). 
This section is being amended to identify the board approved credentialing 
review agencies. 
This section informs applicants who are authorized to evaluate their education 
credentials. 
Comments in favor of this rule was received from Texas Hospital Association. 
Texas Hospital Association commented that one credentialing review was 
restrictive to Foreign-Trained applicants seeking a license in Texas. 
The board is responding by changing the rule to include three approved 
credentialing review agencies. 
The rule is amended under the Physical Therapy Practice Act, TCS, Article 4512e, 
which provides the Texas Board of Physical Therapy Examiners with the authority 
to adopt rules consistent with this Act to carry out its duties in administering 
this Act. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on January 10, 1997.
TRD-9700410
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: January 31, 1997
Proposal publication date: August 16, 1996
For further information, please call: (512) 305-6900

TITLE 30. ENVIRONMENTAL QUALITY
PART Texas Natural Resource Conservation Commission
CHAPTER 114.Control of Air Pollution From Motor Vehicles 
SUBCHAPTER 
30 TAC sec.114.3 
The Texas Natural Resource Conservation Commission (commission) adopts an 
amendment to sec.114.3, concerning Vehicle Emissions Inspection Requirements. 
This adoption revises the definition of primarily operated to specify that the 
vehicle emissions inspection requirements apply to affected vehicles operated at 
least 60 calendar days of the year within a core program area rather than 60 
continuous days. The amendment is adopted without changes to the proposed text 
as published in the October 22, 1996, issue of the Texas Register (21 TexReg 
10369). 
EXPLANATION OF RULE The rule amendment would change the current definition of 
"primarily operated." This could broaden the vehicle base which is subject to 
inspection requirements by making it more difficult to be excluded from the 
inspection requirements based on the definition of "primarily operated." This 
change could also potentially increase the number of vehicles brought to 
emission testing and test and repair businesses. 
This action is part of the Motorist's Choice Program that was developed in 
response to Senate Bill 178 (Chapter 34, Acts of the 74th Legislature, Regular 
Session, 1995) and the Governor's Executive Order GWB 96-1. 
The rule is needed to correct an unintended result from a program element 
designed to provide an exclusion from inspection requirements for vehicles 
registered within a core program area yet operated elsewhere. 
TAKINGS IMPACT ASSESSMENT The commission has prepared a Takings Impact 
Assessment for these rules pursuant to the Texas Government Code Annotated, 
sec.2007.043, and has determined this rule will have no effect on private real 
property. 
PUBLIC HEARING AND COMMENTS A public hearing on the proposal was held in Austin 
on November 19, 1996. Written testimony was received from the United States 
Environmental Protection Agency (EPA), Brazos Electric Cooperative, and the El 
Paso City-County Health and Environmental District. 
The EPA and the El Paso City-County Health and Environmental District both 
supported the proposed rule. The EPA requested that the amendment be 
incorporated into the SIP at the next major revision or be submitted to the EPA 
when finalized. The commission will submit the amendment as a change to the SIP 
at the next major revision. 
Brazos Electric Cooperative recommended that sec.114.3(a)(11) be rewritten to 
specifically apply only to the vehicles registered in a program area. As 
specified in sec.114.3(b), the vehicle emission inspection requirements apply 
only to those vehicles registered and primarily operated in Dallas, Harris, 
Tarrant, and El Paso Counties; and on-road tests of vehicles registered in a 
program area and operating in a core program area beginning September 1, 1997. 
The purpose of the revision to the definition of primarily operated was to 
specify which vehicles registered in these counties the program requirements 
apply. 
The amendment is adopted under the Texas Health and Safety Code (Vernon 1992), 
the Texas Clean Air Act (TCAA), sec.382.017, which provides the commission with 
the authority to adopt rules consistent with the policy and purposes of the 
TCAA. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on January 9, 1997.
TRD-9700353
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: January 30, 1997
For further information, please call: (512) 239-1970

TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART II. Texas Parks and Wildlife Department
CHAPTER 65.Wildlife
The Texas Parks and Wildlife Commission adopts the repeal of sec. sec.65.171-
65.177 and 65.181-65.184, and new sec. sec.65.171-65.174, 65.180, and 65.181, 
concerning the take, possession, and transportation of threatened and endangered 
nongame animals. The repeals are adopted without changes to the proposed text as 
published in the July 26, 1996, issue of the Texas Register (21 TexReg 7009). 
Section 65.171 and sec.65.174 are adopted with changes to the proposed text as 
published in the September 17, 1996, issue of the Texas Register (21 TexReg 
8899). Sections 65.172, 65.173, 65.180, and 65.181 are adopted without changes 
and will not be republished. 
The change to sec.65.171 clarifies that persons may possess, transport, export, 
and sell goods made from species listed as threatened, so long as the animal 
from which the goods were made was lawfully taken. The change to sec.65.174 
provides that persons holding certain animals under endangered species 
propagation permits can continue to possess those animals, even though the 
species are no longer listed as endangered. 
The new sections are necessary to fulfill the department's statutory duty to 
insure the continued ability of nongame fish and wildlife to perpetuate 
themselves successfully. 
The new sections will function by designating certain species of fish and 
wildlife as threatened or endangered and by specifying the conditions under 
which such species may be taken, possessed, transported, or propagated. 
One commenter opposed adoption of the rules on the basis that the intent of the 
new regulations was to allow the legal take of endangered species. The 
department responds that the regulations provide protection not heretofore 
available for certain species previously listed as state-endangered; thus, the 
intent of the department is to maximize protection rather than to diminish it. 
No changes were made as a result of the comment. The same commenter added that 
under Chapter 68, the department is required to list all federally listed 
species, and by down- listing some of the state-listed species, is violating the 
law. The department responds that while any species designated by the U.S. Fish 
and Wildlife Service as endangered must be included on our state endangered 
species list, no species listed as endangered by the federal government is being 
down-listed. No changes were made as a result of the comment. 

SUBCHAPTER G.Regulations for Taking, Possessing, and Transporting
Threatened Nongame Species
31 TAC sec.sec.65.171-65.177, 65.181-65.184
The repeals are adopted under Parks and Wildlife Code, Chapters 43, 67, and 68, 
which provide the Commission with the authority to establish regulations 
governing the take, possession, transportation, and propagation of nongame 
species of fish and wildlife.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on January 9, 1997.
TRD-9700398
Bill Harvey
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: January 30, 1997
Proposal publication date: July 26, 1996
For further information, please call: (512) 389-4642

SUBCHAPTER G.Threatened and Endangered Nongame Species
31 TAC sec.sec.65.171-65.174, 65.180, 65.181
The new sections are adopted under Parks and Wildlife Code, Chapters 43, 67, and 
68, which provide the Commission with the authority to establish regulations 
governing the take, possession, transportation, and propagation of nongame 
species of fish and wildlife. 

sec.65.171. Closed Seasons.
(a) Except as otherwise provided in this subchapter, no person may: 
(1) take, possess, transport, export, sell or offer for sale, or ship any 
species of fish or wildlife listed in this subchapter as threatened; or 
(2) possess, transport, export, sell, or offer for sale goods made from fish or 
wildlife listed in this subchapter as threatened, except as provided in 
subsection (b) of this section. 
(b) Any person may possess, transport, export, sell, or offer for sale goods 
made from fish or wildlife listed in this subchapter as threatened, provided the 
person possesses proof that the goods were obtained from lawfully taken animals.

sec.65.174. Exceptions.
Persons who as of the effective date of this subsection lawfully possessed an 
endangered animal that as of the effective date of this subsection became 
designated as threatened nongame may continue to possess the animal for the 
duration of the animal's life, provided those persons continue to renew the 
permits authorizing such possession. Offspring conceived by permitted animals 
prior to the effective date of this subsection may also be lawfully possessed, 
but offspring conceived after the effective date of this subsection shall not be 
retained by permittees. No person authorized to possess a threatened nongame 
animal by the provisions of this subsection may: 
(1) acquire additional threatened or endangered animals unless authorized to do 
so under a permit issued under the authority of Parks and Wildlife Code, Chapter 
43, Subchapter C; or 
(2) transfer possession of animals affected by this subsection, other than to: 
(A) a person authorized to receive such species under the terms of a permit 
issued by authority of Parks and Wildlife Code, Chapter 43, Subchapter C; or 
(B) an out-of state destination.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 9, 1997.
TRD-9700397
Bill Harvey
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: January 30, 1997
Proposal publication date: September 17, 1996
For further information, please call: (512) 389-4642

CHAPTER 69.Resource Protection
The Texas Parks and Wildlife Commission adopts the repeal of sec. sec.69.1-69.14 
and new sec. sec.69.1-69.9, concerning protected, threatened, and endangered 
plants. The repeals are adopted without changes to the proposed text as 
published in the July 26, 1996, issue of the Texas Register (21 TexReg 7015). 
The new sections are adopted without changes to the proposed text as published 
in the September 17, 1996, issue of the Texas Register (21 TexReg 8900).
The new sections are necessary to streamline and simplify existing regulations 
before they are subject to automatic nullification under the terms of sec.69.81. 
The new sections will function by setting forth the criteria under which 
scientific and commercial plant permits are issued for the take, possession, 
transport, and propagation of protected, threatened, and endangered native 
plants; set forth reporting requirements; and provide for penalties and fees. 
Two comments concerning adoption of the rules were received by the department. 
One commenter was concerned that sec.69.1(2) was not precise in that it was 
unclear as to exactly what activities required authorization from the 
department. The department responds that the language in question is not 
ambiguous. No changes were made as a result of the comment. The same commenter 
also asserted that the commission could not adopt the repeals since they were 
not published with the proposed new sections in the September 17, 1996, issue of 
the Texas Register. The department responds that the proposed repeals were 
published in the July 26, 1996, issue of the Texas Register. No changes were 
made as a result of the comment. 

Endangered, Threatened and Protected Native Plants
31 TAC sec.sec.69.1-69.14
The repeals are adopted under Parks and Wildlife Code, Chapter 88, which provide 
the Commission with the authority to establish regulations implementing the 
provisions of that chapter. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on January 9, 1997.
TRD-9700394
Bill Harvey
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: January 30, 1997
Proposal publication date: July 26, 1996
For further information, please call: (512) 389-4642

31 TAC sec.sec.69.1-69.9
The new sections are adopted under Parks and Wildlife Code, Chapter 88, which 
provide the Commission with the authority to establish regulations implementing 
the provisions of that chapter. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on January 9, 1997.
TRD-9700393
Bill Harvey
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: January 30, 1997
Proposal publication date: September 17, 1996
For further information, please call: (512) 389-4642

Wildlife Rehabilitation Permits
31 TAC sec.sec.69.41, 69.43, 69.45, 69.47, 69.49, 69.51, 69.53, 69.55, 69.57
The Texas Parks and Wildlife Commission adopts the repeal of existing sec. 
sec.69.41, 69.43, 69.45, 69.47, 69.49, 69.51, 69.53, 69.55, and 69.57; and new 
sec. sec.69.43-69.53, concerning wildlife rehabilitation permits. Sections 
69.43-69.46, 69.48, 69.50, and 69.52 are adopted with changes to the proposed 
text as published in the July 26, 1996, issue of the Texas Register (21 TexReg 
7017). The repeals and sec. sec.69.47, 69.49, 69.51, and 69.53 are adopted 
without changes and will not be republished. The change to sec.69.43, concerning 
Definitions, clarifies the definition of 'imprinting' by including the term 
'bonding.' The change to sec.69.44, concerning General Provisions, creates an 
exception for certain holders of non-releasable wildlife and governmental 
employees and provides for waiver of the regulations during wildlife health 
emergencies. The change to sec.69.45, concerning Permit Required, specifies that 
rehabilitation permits are not required for species for which there is no open 
season or possession limit, or which are otherwise not affected by rule or 
statute. The change to sec.69.46, concerning Application for Permit, allows 
holders of zoological permits to rehabilitate species held under a propagation 
permit. The change to sec.69.48, concerning Permit Renewals, adjusts the 
deadline for submission of permit renewals. The change to sec.69.50, concerning 
Transfers, provides for the transfer of wildlife to rehabilitators in other 
states. The change to sec.69.52, concerning Reports, adjusts the deadlines for 
the submission of annual reports. 
The repeals and new sections are necessary to streamline and simplify the 
procedures and permitting process for the rehabilitation of sick, injured, and 
orphaned wildlife. 
The repeals and new sections will function to provide definitions of 
terminology; set forth provisions generally applicable to the practice of 
wildlife rehabilitation; specify the situations and conditions under which 
certain persons may possess, treat, rehabilitate, retain, transfer, or release 
wildlife; set forth procedures for permit applications and renewals; establish 
criteria for permit qualification; set forth facilities standards; provide for 
reporting requirements; and establish penalties for violations of the 
regulations. 
The department received 66 comments concerning adoption of the proposed 
regulations. Ten persons commented in favor of the proposed regulations. Thirty-
two commenters were opposed to any provisions that would enable rehabilitators 
to possess nonreleasable wildlife for any purpose other than education or 
fostering. The department agrees with the comments and no change was made as a 
result of the comments. Seven commenters were in favor of allowing 
rehabilitators to possess nonreleasable wildlife without restrictions. The 
department disagrees and responds that with respect to rehabilitation, wildlife 
should not be retained except for educational or fostering purposes. No change 
was made as a result of the comments. One commenter requested a requirement that 
veterinarians supervise animal rehabilitation activities. The department 
disagrees and responds that the provision requiring rehabilitators to have named 
consulting veterinarian is sufficient to insure proper medical care for animals 
in rehabilitation. No change was made as a result of the comment. Two commenters 
felt that retention of nonreleasable wildlife should be addressed in the 
regulations governing zoological collections. The department agrees and will 
undertake the requisite action at a future time. No change was made as a result 
of the comments. One commenter requested that permittees be allowed to cease 
rehabilitation activities for up to two years without having to reapply for a 
permit. The department disagrees and responds that the process of requalifying 
for a permit is not difficult for someone who has previously been permitted. No 
change was made as a result of the comment. One person commented that the 
qualification criteria for permits were not stringent enough. The department 
disagrees and responds that the criteria as proposed are sufficient to ensure 
that the department is discharging its statutory duty to regulate the practice 
of wildlife rehabilitation. No change was made as a result of the comment.
A commenter requested that the regulations be changed to exempt permittees from 
county or municipal ordinances governing possession of animals. The department 
disagrees and responds that it merely regulates the practice of wildlife 
rehabilitation; where a permittee chooses to locate his or her facility is none 
of the department's business. No change was made as a result of the comment. One 
commenter asked that permittees be allowed to donate deceased wildlife to 
educational or scientific organizations. The department agrees and the change 
has been made accordingly. One commenter asked that permittees be allowed to 
accept, on an emergency basis, species not listed on their permits. The 
department responds that the regulations as proposed allow veterinarians to 
accept any wildlife provided the department is notified within 48 hours, which 
is an adequate timeframe for emergency care. No change was made as a result of 
the comment. One commenter requested that veterinarians be exempted from all 
permit requirements. The department disagrees and responds that Parks and 
Wildlife Code, Chapter 43, Subchapter C, states that no person may practice 
wildlife rehabilitation without a permit. No change was made as a result of the 
comment. A commenter requested that provisions be made that would permit persons 
licensed in another state to be exempt from applying for a Texas permit. The 
department disagrees and responds that Parks and Wildlife Code, Chapter 43, 
Subchapter C, states that no person may practice wildlife rehabilitation in this 
state without a permit. No change was made as a result of the comment. One 
commenter asked for a definition of 'unrealeasable' be added to the regulations. 
The department responds that the term 'nonreleasable' is defined in the proposed 
regulations. No changes were made as a result of the comment. One commenter 
requested that the proposed regulations be modified to permit incidental viewing 
of animals undergoing rehabilitation.
The department disagrees and responds that wild animals while being 
rehabilitated should be in minimal contact with humans. No changes were made as 
a result of the comment. One commenter asked that the proposed regulations be 
modified to exempt peace officers and animal control officers from compliance 
with the regulations. The department agrees and has made the change accordingly. 
One commenter requested that the deadline for submission of the annual report be 
changed to give permittees more time to comply. The department agrees and has 
made the change accordingly. 
International Wildlife Rehab Council, National Wildlife Rehabilitators 
Association, and Harris County Wildlife Center made comments on the adoption of 
the rules. 
The repeals are adopted under Parks and Wildlife Code, Chapter 43, Subchapter C, 
which provides the Commission with the authority to establish regulations 
governing the taking and possession of protected wildlife for rehabilitation 
purposes. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on January 9, 1997.
TRD-9700396
Bill Harvey
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: January 30, 1997
Proposal publication date: July 26, 1996
For further information, please call: (512) 389-4642

31 TAC sec.sec.69.43-69.53
The new sections are adopted under Parks and Wildlife Code, Chapter 43, 
Subchapter C, which provides the Commission with the authority to establish 
regulations governing the taking and possession of protected wildlife for 
rehabilitation purposes. 

sec.69.43. Definitions.
The following words and terms, when used in this subchapter, shall have the 
following meanings, unless the context clearly indicates otherwise. 
Education - Activities that encourage management and conservation of wildlife 
resources or which are intended to increase the public's awareness and 
understanding of aspects of wildlife biology.
Fostering - Using a captive animal to rear young animals of the same species.
Holding - Retaining in captivity. 
Human imprinting or human bonding - A dependency or fixation upon humans as 
parent substitutes or companions.
Non-releasable animal - An animal which, after rehabilitation, is determined by 
the department to be unlikely to survive in the wild if released. 
Propagate - To allow animals to produce offspring.
Rehabilitation - The temporary caring for injured, orphaned, or sick wildlife 
until such animals can be released to the wild.
Release to the wild - Release of wildlife to an area where it is capable of 
leaving at will.
Socialize - Using a captive animal to teach wild behaviors to juvenile animals 
of the same species. 
Subpermittee - A person authorized by a permit to conduct activities only while 
under the supervisory responsibility of a permit holder.
Supervisory responsibility - The responsibility that a permit holder has to 
direct the actions of an individual under his or her control, and for which that 
supervisor accepted legal responsibility. 
Transportation - The transfer of captive protected wildlife from one permit 
holder to another, from an out-of-state source to an in-state permit holder, 
from an in-state permit holder to an out- of-state destination, from site of 
legal capture to holding, or to site of final disposition. 
Volunteer - An individual who works with permitted wildlife in the presence of 
the permit holder or subpermittee.

sec.69.44. General Provisions.
(a) Activities authorized by a permit issued under this section shall be made 
only by the permittee(s) or subpermittee(s) named on the permit. Volunteers may 
assist in these activities, but only when in the presence of a permittee or 
subpermittee. A permittee utilizing volunteers shall keep on file at the 
permitted facility a signed and dated affidavit authorizing the status of each 
volunteer. 
(b) Protected wildlife held under the authority of a rehabilitation permit may 
not be sold, bartered, or exchanged for any consideration. A permit issued under 
this section shall not authorize a person, firm, or corporation to engage in the 
propagation or commercial sale of protected wildlife. 
(c) A permit holder shall conduct rehabilitation in an environment which 
minimizes human contact and prevents human and domestic animal imprinting or 
bonding. 
(d) Except for permitted educational purposes, wildlife possessed under the 
permit shall not come in contact with anyone other than the permit holder, 
subpermittees, volunteers, licensed veterinarians or the staff of licensed 
veterinarians. 
(e) A permit holder shall not allow the viewing, exhibit, or display to the 
public of animals under rehabilitation unless specifically authorized by permit 
provision. 
(f) A permit holder shall not conduct rehabilitation on the same property as a 
fur-bearing animal propagation facility. This restriction may be waived by the 
department on a case-by-case basis. 
(g) Non-releasable protected wildlife shall be euthanized unless the permittee 
meets the criteria established in paragraph (1) or (2) of this subsection for 
the retention of nonreleasable wildlife. Permission to retain non-releasable 
wildlife may be granted only to rehabilitators who have at least 3 years' 
experience as a permitted wildlife rehabilitator. 
(1) The department may permit the retention of nonreleasable wildlife for 
approved educational, fostering, or socialization purposes, or for transfer to 
zoological, scientific, or educational permit holders. Requests must be made in 
writing to the department and no transfer shall take place until the department 
has approved the request. 
(2) Prior to December 31, 1997, the department may grant on a case-by-case 
basis, via letter of authorization, permission for permitted rehabilitators to 
retain nonreleasable wildlife. 
(h) Permit holders possessing non-releasable raptors shall band the raptors with 
markers supplied by the department. 
(i) All medical treatment shall be performed in consultation with a licensed 
veterinarian. 
(j) Euthanized wildlife and wildlife that has died while under the care of a 
permittee may be retained by the permittee or transferred to another permitted 
wildlife rehabilitator. 
(k) This subchapter does not apply to department personnel, or transport by 
animal control officers, or peace officers in the performance of official 
duties. 
(l) The department may temporarily waive any provision of this subchapter during 
a wildlife health crisis.

sec.69.45. Permit Required.
(a) No permit is required to rehabilitate nongame species for which there is no 
open season or possession limit, or for which there are no provisions by rule or 
statute that would otherwise restrict possession.
(b) Licensed veterinarians may hold, possess, and transport protected wildlife 
to provide emergency medical care or stabilization care for periods of up to 48 
hours, after which time the wildlife must be transferred to a permitted 
rehabilitator. 
(c) Subpermittees may possess protected wildlife for rehabilitation purposes 
provided they have in their possession a copy of the valid permit naming them as 
a subpermittee. 
(d) No permittee shall change facility location, consulting veterinarian, or 
subpermittees, receive unauthorized species, or conduct unauthorized activities 
unless the permittee possesses an amended permit authorizing such activity. 
(e) Permits issued under this section may be issued for any period of time not 
exceeding three years from the date of issuance. 

sec.69.46. Application for Permit.
(a) Applications shall be made on forms supplied by the department, and shall be 
submitted with the letters of recommendation required by sec.69.47 of this title 
(relating to Qualifications). Incomplete applications will not be processed. 
(b) Applications must be accompanied by evidence of one the following: 
(1) completion of a training course offered by the International Wildlife 
Rehabilitation Coalition or the National Wildlife Rehabilitator's Association 
within the preceding three years; 
(2) attendance at a department-sponsored wildlife rehabilitation conference or a 
national wildlife rehabilitation conference within the preceding three years; 
(3) membership in a state or national wildlife rehabilitation organization; or 
(4) a test score of 80 or above on a department-administered wildlife 
rehabilitation examination. 
(c) Permits for the taking or holding of federally protected species shall not 
be valid unless the permit holder also possesses a valid federal permit. 
(d) Except for holders of zoological permits, no person holding a permit 
authorizing the propagation for sale of protected wildlife shall be authorized 
to rehabilitate those species.

sec.69.48. Permit Renewals.
(a) Renewal applications shall be made on a form provided by the department and 
shall be submitted with the annual report required by sec.69.52 of this title 
(relating to Reports) by no later than January 15 of each year. 
(b) Renewal applications shall not be processed until the department has 
received all reports required by sec.69.52 of this title (relating to Reports). 
(c) The department may deny a renewal if the permittee has violated any of the 
provisions of the permit, regulations of the department, or federal or state 
wildlife laws. 

sec.69.50. Transfers.
A wildlife rehabilitation permit authorizes the permit holder to transfer 
wildlife to other wildlife rehabilitators legally permitted to hold that species 
in Texas. Wildlife rehabilitators may transfer lawfully held live wildlife to 
rehabilitators permitted in other states, provided a letter of authorization 
from the department has been obtained prior to the transfer. 

sec.69.51. Release of Rehabilitated Wildlife.
(a) A permit holder shall not release wildlife in such a manner or at such a 
location so that the released animals are likely to become a nuisance or a 
depredation threat. 
(b) Wildlife releases shall not be made in or to fenced or enclosed area that 
prevent the animal from leaving at will. 
(c) Protected wildlife shall be released only to habitat appropriate for the 
species. 
(d) Permittees may not release wildlife on department property without the 
permission of the department. 
(e) A permittee commits an offense if the permittee is on private property and 
fails to have on their person the written permission of the landowner, lessee, 
or operator to be on that property. 

sec.69.52. Reports.
(a) Permit holders shall complete and submit an annual report on a form provided 
by the department. The report shall include the activities of all individuals 
listed on the permit. 
(b) Reports must be received by the department by January 15 of each year. 
(c) Copies of all reports shall be retained at the permitted facility and kept 
available for inspection by the department for a period of two years.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on January 9, 1997.
TRD-9700395
Bill Harvey
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: January 30, 1997
Proposal publication date: July 26, 1996
For further information, please call: (512) 389-4642

TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART I. Texas Department of Human Services
CHAPTER 48.Community Care For Aged and Disabled
Eligibility
40 TAC sec.48.2918
The Texas Department of Human Services (DHS) adopts an amendment to sec.48.2918, 
without changes to the proposed text as published in the December 6, 1996, issue 
of the Texas Register (21 TexReg 11752). 
The justification for the amendment is to reflect in the rule the transfer of 
the Medically Dependent Children from DHS to the Texas Department of Health. The 
amendment will function by providing public access to correct information. No 
comments were received regarding adoption of the amendment. 
The amendment is adopted 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 32.001-32.041 of the Human 
Resources Code.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on January 10, 1997.
TRD-9700428
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: February 15, 1997
Proposal publication date: December 6, 1996
For further information, please call: (512) 438-3765

CHAPTER 50.Day Activity and Health Services
Monitoring/Quality Assurance/Audits
40 TAC sec.50.703, sec.50.704
The Texas Department of Human Services (DHS) adopts amendments to sec.50.703 and 
sec.50.704, in its Day Activity and Health Services chapter. The amendment to 
sec.50.703 is adopted with changes to the proposed text as published in the 
November 19, 1996, issue of the Texas Register (21 TexReg 11284). The amendment 
to sec.50.704 is adopted without changes to the proposed text and will not be 
republished. The justification for the amendments is to define DAHS financial 
errors as only those errors that pertain to accurate provision and reimbursement 
of services, and administrative errors as improper billing documentation. The 
amendments will function by assuring that DAHS services are billed and 
reimbursed properly without excess payments for services or misutilization of 
services. 
No comments were received regarding adoption of the amendments. DHS, however, is 
adding the words "of record of time" to sec.50.703(9) for clarification. The 
amendments are adopted 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 amendments implement sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 

sec.50.703. Administrative Errors.
Administrative errors include, but are not limited to, the following:
(1) The facility enters a date of signature on the Texas Department of Human 
Services' (DHS's) Daily Attendance Record form that is before the date of the 
last day services are provided. DHS applies the error to the total number of 
units reimbursed after the signature date. 
(2) The facility fails to sign DHS's Daily Attendance Record form and the 
signature can be verified on DHS's Daily Transportation Record form. DHS applies 
the error to the total number of units reimbursed on the unsigned form. 
(3) The facility fails to list the client on DHS's Daily Attendance Record form, 
but the client was listed on DHS's Daily Transportation Record form. DHS applies 
the error to the total number of units reimbursed for the period the client was 
left off the attendance record form. 
(4) The facility completes the total units of service column and leaves the time 
in and time out columns blank on DHS's Daily Attendance Record form, but the 
time in and time out can be verified on DHS's Daily Transportation Record form. 
DHS applies the error to the total number of units reimbursed in which the time 
in time out days was left blank. 
(5) The facility leaves the days of service blank on DHS's Daily Attendance 
Record form, but the days of service can be verified elsewhere on the form or on 
DHS's Daily Transportation Record form. DHS applies the error to the total 
number of units reimbursed for the days left blank. 
(6) The facility fails to enter a date of signature on DHS's Daily Attendance 
Record form to certify total number of units provided to the client. DHS applies 
the error to the total number of units reimbursed on the undated form. 
(7) The facility corrects the date of signature on DHS's Daily Attendance Record 
form, but fails to initial the correction. DHS applies the error to the number 
of units reimbursed after the earliest signature date. 
(8) The facility uses a signature stamp, but fails to initial the stamped 
signature. DHS applies the error to the total number of units reimbursed on the 
signature stamped form. 
(9) The facility makes an illegible entry or illegible correction to any portion 
of record of time of DHS's Daily Attendance or Daily Transportation Record form. 
DHS applies the error to the total number of units reimbursed for the days in 
which entries are illegible. 
(10) The facility completes DHS's Daily Attendance or Daily Transportation 
Record form in pencil. DHS applies the error to the total number of units 
reimbursed that were completed in pencil. 
(11) The facility uses liquid paper or correction fluid to correct an entry in 
DHS's Daily Attendance or Daily Transportation Record form. DHS applies the 
error to the total number of units reimbursed that were corrected for the 
billing period. 
(12) The facility uses a daily attendance or transportation record form that has 
not been approved by DHS. DHS applies the error to the total number of units 
reimbursed while using the unapproved daily attendance or transportation record 
form.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 10, 1997.
TRD-9700429
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: February 1, 1997
Proposal publication date: November 19, 1996
For further information, please call: (512) 438-3765