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 25. HEALTH SERVICES
PART I. Texas Department of Health
CHAPTER 97.Communicable Diseases
Immunization Requirements in Texas Elementary and Secondary Schools and 
Institutions of Higher Education
25 TAC sec.sec.97.61-97.63, 97.65, 97.67, 97.77
The Texas Department of Health (department) adopts amendments to sec.sec.97.61-
97.63, 97.65, 97.67, and 97.77; and the repeal of sec.97.66 concerning 
immunization requirements for children in Texas elementary and secondary schools 
and institutions of higher education. Sections 97.61, 97.63, 97.65, and 97.67 
are adopted with changes to the proposed text as published in the December 10, 
1996, issue of the Texas Register (21 TexReg 11805). Section 97.62 and 
sec.97.77; and the repeal of sec.97.66 are adopted without changes, and 
therefore the sections will not be republished. 
One amendment implements Texas Education Code, sec.38.001 as added by Acts 1995, 
74th Legislature, House Bill 1745, which requires board adoption of a hepatitis 
B immunization requirement for admission to elementary and secondary schools at 
a date specified by the board. Another amendment implements a departmental 
initiative to enhance childhood protection against measles by lowering the age 
at which children must show proof of two doses of measles vaccine. Currently, 
children are required to provide proof no later than 30 days past the 12th 
birthday. This amendment moves that requirement to the time of kindergarten 
entry. Children already in school when this change becomes effective will need 
to continue showing proof of a second dose of measles vaccine no later than 30 
days past the 12th birthday. Other amendments update and clarify existing 
immunization requirements, and reflect the recodification of the Texas Education 
Code. The repeal of sec.97.66 eliminates irrelevant language from the existing 
rules. 
The sections provide greater protection against disease, as immunized children 
age and enter the most risky period of hepatitis B transmission (late 
adolescence and early adulthood). The sections will continue to provide greater 
protection levels result in lower incidence rates and reduced treatment costs 
for hepatitis B infection. The sections are designed to enhance understanding of 
the requirements and to simplify the work performed by school districts and 
private schools as they monitor compliance. The repeal of sec.97.66 deletes an 
obsolete rule. 
Changes made to the proposed text result from comments received during the 
comment period. The details of the changes are described in the summary of 
comments that follow. Other minor editorial changes were made for clarification 
purposes. 
The following comments were received concerning the proposed rules. Following 
each comment is the department's response and any resulting changes. 
Comment: Seven commenters concurred with the proposed changes and remarked that 
they were in the best interest of Texas children. 
Response: The department is grateful for the time these reviewers spent 
considering the proposed changes. 
Comment: Concerning sec.97.61, one commenter asked if these regulations would 
apply to children enrolled in non-licensed day care centers. 
Response: Section 97.61(b), relating to "Children and Students Included in 
Requirements" states: "The immunization requirements . . . apply to all children 
and students entering, attending, and/or transferring to child-care facilities, 
public schools, private schools, non-public schools, or parochial schools, . . 
." Regulated facilities, such as registered family homes, are subject to these 
regulations. Unlicensed facilities are unknown to the state and thus enforcement 
is not possible. 
Comment: Concerning sec.97.63(c)(2)(C)(iii)(i), one commenter noted that the 
proposed revisions would require a second dose of measles vaccine only of 
students whose kindergarten entry was a first-time enrollment in Texas school. 
The concern was that children who had previously been enrolled in a Head Start 
or pre-kindergarten program were not enrolling in Texas schools for the first 
time and would not be subject to the requirement. 
Response: The department agrees with the commenter. To clarify the intent of the 
rule, sec.97.63(c)(2)(C)(iii)(I) is changed to read: "children born on or after 
September 2, 1991, will be required to show proof of either:"
Comment: Concerning sec.97.63(c)(2)(C)(iii)(i), one commenter stated that the 
second dose of measles prior to kindergarten entry should be recommended rather 
than required. 
Response: The department disagrees with the commenter. The purpose of the rules 
concerning immunization requirements in Texas elementary and secondary schools 
and institutions of higher education is to require, not to recommend. The 
department has recommended a second dose of measles vaccine between four and six 
years of age since 1991. The requirement of a second dose before kindergarten 
entry will assure earlier protection to most of the five percent of children 
affected by primary vaccine failure. 
Comment: One commenter stated that a child should be allowed admission to 
kindergarten after the first dose of hepatitis B vaccine and be required to 
finish the series. 
Response: This comment is currently addressed in sec.97.71. Provisional 
Enrollment. This section allows a student to be admitted provisionally, "if he 
or she has begun the required immunizations and if he or she continues to 
receive necessary immunizations as rapidly as is medically feasible. The school 
granting provisional enrollment must ensure that the required immunizations are 
received on schedule." 
Comment: Concerning sec.97.63(c) and sec.97.67, a commenter remarked that a 
confirmed case of measles disease should be allowed exemption from MMR vaccine. 
Response: The department agrees that a person who has had a laboratory-confirmed 
case of measles disease should be allowed exemption from the measles vaccination 
requirement. But, if the same person does not have laboratory confirmation of 
mumps or rubella disease, then he/she must still be vaccinated against these two 
other diseases. Measles-Mumps-Rubella (MMR) vaccine is a combination of measles 
vaccine and mumps vaccine and rubella vaccine (a triple antigen vaccine). Thus, 
while the person in question would not require vaccination with either MMR 
vaccine or single antigen measles vaccine, he/she would still require 
vaccination with mumps and rubella vaccine. While administering MMR vaccine to 
an individual with prior measles illness is not considered potentially 
threatening to the health of the individual, single antigen mumps and rubella 
vaccines are available. 
All references to serologic evidence of immunity to diseases for which serologic 
evidence is accepted in lieu of vaccination have been modified to include 
serologic evidence of infection. These references are contained in 
sec.97.63(c)(1)(E)(iii), sec.97.63(c)(1)(F)(iii), sec.97.63(c)(2)(C)(i)(i), 
sec.97.63(c)(2)(C)(ii), sec.97.63(c)(2)(C)(iii)(i)(-b-), 
sec.97.63(c)(2)(C)(iii)(II)(-b-), sec.97.63(c)(2)(D)(i), sec.97.63(c)(2)(E)(i), 
sec.97.63(c)(2)(F)(ii), sec.97.63(c)(3)(E)(i)(III), sec.97.63(c)(3)(F)(i)(II), 
sec.97.63(c)(3)(G)(i)(II), sec.97.63(c)(3)(H)(ii), and sec.97.67. Some of these 
cited references were proposed as "no change" and were opened during the 
adoption to provide consistency with adopted rule changes. 
Comment: Concerning sec.97.63(c)(1)(E), a commenter remarked that the wording 
regarding the first dose of MMR vaccine at the first birthday was too 
restrictive. This respondent felt that the child should be given up to age 15 
months to receive the first MMR vaccine. 
Response: The department disagrees. Children need to be immunized as early as 
possible to prevent measles, mumps and rubella diseases and their serious 
complications. Mothers who are immune to these diseases pass along immunity to 
their unborn children with antibodies that cross the placenta and enter the 
circulatory system of the fetus. However, the maternal antibodies which confer 
immunity are only temporary and will normally protect an infant through the 
first year of life or less. Moreover, the protection begins to wane earlier in 
children who are born of vaccinated mothers than in children born of mothers who 
actually had the disease. Since the overwhelming majority of women of 
childbearing age today have vaccine-induced immunity, not disease-induced 
immunity, it is imperative that children receive their first dose of MMR vaccine 
at age 12 months rather than 15 months. In fact, recent data show that more than 
95% of children born to mothers who were born after 1957 are susceptible at 12 
months of age (most persons born after 1957 have vaccine-induced immunity). 
Comment: Concerning sec.97.63(c)(1)(G), staff suggested that, due to changes in 
the ages at which vaccines other than HibCV are required, it is no longer 
necessary to discuss the HibCV requirements separately. 
Response: The department agrees and has incorporated the HibCV requirements 
formerly in sec.97.63(c)(1)(G) into the preceding sections, sec.97.63(c)(1) (B-
F). 
Comment: Concerning sec.97.63(c)(1), a commenter stated that the regulations are 
soft for HibCV and that HibCV should be mandatory to enter day care. 
Response: The department intended that HibCV be mandatory for day-care. It is 
hoped that this intent is made clear by the preceding change, which combines 
HibCV requirements with the requirements for other vaccines. 
Comment: Concerning sec.97.63(c)(1)(F)(ii), one commenter was concerned that Td 
doesn't provide adequate immunity for children less than five years of age. 
Response: The department agrees. References to Td have been removed from 
requirements for children 15 months through four years of age. 
Comment: Concerning sec.97.63(c)(1)(E)(iii), one commenter proposed changing the 
age at which MMR vaccine is required from, "at 12 months of age," to, "after 12 
months of age . . ." 
Response: The department disagrees with this comment. Children entering or 
enrolled in child-care facilities need protection from measles, mumps and 
rubella as early as possible.
Comment: Concerning sec.97.63(c)(2)(C)(iii), a commenter noted that the American 
Academy of Pediatrics 1994 Red Book recommends MMR by age 12, "or at school 
entry if locally required." and his recollection that this recommendation is 
based on the possibility of better immunity when the booster is delayed. He adds 
that "It would be easier for the practicing pediatrician if there were a 
universal recommendation." 
Response: Recent data show children 4 to 6 years of age respond as well to a 
second MMR as children 11 to 13 years of age do. The department believes it is 
in the best interest of Texas children to require the second dose of MMR prior 
to entry into kindergarten. Knowing that five percent of children immunized with 
the first dose suffer from primary vaccine failure, requiring the second dose 
prior to school entry will protect these children earlier in life. The 
Recommended Childhood Immunization Schedule, which represents the consensus 
opinion of the Advisory Committee on Immunization Practices (ACIP) and the 
American Academy of Pediatrics recommends a second dose of MMR at four to six 
years of age or at twelve years of age. It is the objective of the ACIP that 
every school-aged child in the United States be required by the year 2001 be 
required to have two doses of measles vaccine at school entry. The proposed 
requirement is supportive of this respondent's desire for a universal standard. 
Comment: Concerning sec.97.63(c)(1)(E)(ii) and sec.97.63(c)(2)(B)(ii), a 
commenter stated that the following words should be deleted: "provided that the 
DTaP doses were given as the fourth and/or fifth doses in the recommended series 
and on or after 15 months of age." 
Response: The department agrees. These words were proposed for deletion from the 
existing rules in November 1996. 
Comment: Concerning sec.97.62, a commenter stated that religious exemptions 
should not be allowed, as there is no reason to withhold any other medically 
indicated procedure if that process will prevent injury or death. He 
specifically mentions blood transfusion. 
Response: The department is not prepared to disallow religious exemptions 
entirely. The department feels that preventive immunization is of a different 
nature than treatment for an acute condition. In the case of disease outbreaks 
which present an acute danger, the existing language allows for religious 
exemptions to be suspended by the Commissioner of Health or local health 
authorities. 
Comment: Concerning sec.97.63(c) and sec.97.67, a commenter asked if TDH will 
provide serology testing to confirm immunity to the measles or hepatitis B, 
diseases for which evidence of serologic immunity is required in lieu of 
vaccination. 
Response: This is a programmatic issue which should not be addressed in the 
rules.
Comment: Concerning sec.97.65, a commenter stated that according to the 
manufacturer's package insert accompanying tetanus and diphtheria toxoids, "it 
is not known if fetal harm can be caused or reproductive capacity affected." 
Response: Section 97.65 of the amended rules reads, "...Pregnancy is not a 
medical contraindication for administration of tetanus/diphtheria toxoids." This 
language reflects the recommendations of the Advisory Committee on Immunization 
Practices. 
Comment: Concerning sec.97.63(c)(2)(F)(ii), sec.97.63(c)(3)(H)(ii), and 
sec.97.67, staff commented that the proposed requirement for proof of either 
three doses of hepatitis B vaccine or serologic confirmation of immunity be 
changed to read, ". . . serologic confirmation of immunity or infection." 
Response: The department agrees. Serologic confirmation of infection would 
release chronic hepatitis B carriers from the requirement of completing the 
hepatitis B vaccine series. The wording has been changed in the proposed rules 
to reflect this comment, sec.97.63(c)(2)(F)(ii), sec.97.63(c)(3)(H)(ii), and 
sec.97.67. 
Comment: Concerning sec.97.63(c)(2)(A), staff commented that under new Advisory 
Committee on Immunization Practices (ACIP) recommendations, children who receive 
the new polio sequential schedule can complete the series before age 4 years. 
Response: The department agrees. The recommendations regarding the polio 
sequential schedule issued by ACIP have been reviewed and the rules have been 
changed accordingly. 
Change: Concerning rules in general, the term polio was changed to poliovirus to 
reflect correct medical terminology. 
The comments on the proposed rules received by the department during the comment 
period were submitted by six individual physicians, a board member of the Texas 
Pediatric Society, the director of a Public Health Region, the Abilene 
Independent School District, the City of Dallas Department of Environmental and 
Health Services, the Lubbock City Health Department, the Waco-McLennan County 
Public Health District, the Committee on Infectious Diseases and Immunizations 
of the Texas Pediatric Society, and two department staff. The commenters were 
generally in favor of the rules as proposed; however, they raised questions, 
offered comments for clarification purposes, and suggested clarifying language 
concerning specific provisions in the rules. 
The amendments are adopted under Texas Health and Safety Code (HSC), 
sec.81.023(a) and sec.81.023(c); Texas Education Code, sec.38.001(b); and Texas 
Human Resource Code, sec.42.043, all of which authorize the board to delete, 
modify, or add minimum immunization requirements for all children in the state, 
including school-age children; and HSC sec.12.001, which provides the Texas 
Board of Health (board) with the authority to adopt rules for the performance of 
every duty imposed by law on the board, the department, and the commissioner of 
health. 

sec. 97.61.Children and Students Included in Requirements.
(a) (No change.) 
(b) The immunization requirements also apply to all children and students 
entering, attending, enrolled in, and/or transferring to child-care facilities, 
public schools, private schools, nonpublic schools, or parochial schools, for 
example: 
(1)-(5) (No change.) 
(6) schools for the blind, deaf, and individuals with mental illness or mental 
retardation. 
(c) (No change.) 

sec.97.63.Required Immunizations.
(a) (No change.) 
(b) Doses of oral poliovirus vaccine (OPV) and inactivated poliovirus vaccine 
(IPV) may be used interchangeably and count equally toward meeting the polio 
vaccine requirements in all of the following age ranges. A child or student age 
five and older will be in full compliance with the polio vaccine requirement 
whenever he or she has received at least three OPV doses or at least three IPV 
doses, or any combination of at least three doses of OPV and IPV, with one dose 
received since the fourth birthday. 
(c) The following immunizations are required in the respective age groupings. A 
child or student must meet all the immunization requirements specific to an age 
group upon first entering the age group. 
(1) Children less than five years of age: polio vaccine; diphtheria-tetanus-
pertussis (DTP) or diphtheria-tetanus-acellular pertussis (DTaP) vaccine; 
measles, mumps, and rubella vaccine (MMR); and type-name="italic">Haemophilus 
influenzae type b conjugate vaccine (HibCV). 
(A) (No change.) 
(B) Children two months of age, but not yet four months of age: one dose each of 
polio vaccine, DTP/DTaP vaccine, and HibCV are required.
(C) Children four months of age, but not yet six months of age: two doses each 
of polio vaccine, DTP/DTaP vaccine, and HibCV are required.
(D) Children six months of age, but not yet 12 months of age: two doses of polio 
vaccine and HibCV, and three doses of DTP/DTaP vaccine are required. 
(E) Children 12 months of age, but not yet 15 months of age (12 months through 
14 months of age): 
(i) three doses of polio vaccine are required; 
(ii) three doses of DTP/DTaP vaccine are required. Any combination of three 
doses of DTP/DTaP will meet this requirement; 
(iii) one dose of MMR vaccine is required. Only doses received on or after the 
first birthday will meet this requirement. Serologic confirmation of measles, 
mumps, or rubella immunity or serologic evidence of infection is acceptable in 
lieu of vaccination for that disease only. For further information see sec.97.67 
of this title (relating to Verification of Immunity to Measles, Rubella, Mumps, 
or Hepatitis B); and 
(iv) two doses of HibCV are required. 
(F) Children 15 months of age, but not yet 5 years of age (15 months through 
four years of age): 
(i) three doses of polio vaccine are required; 
(ii) four doses of DTP/DTaP vaccine are required. Any combination of four doses 
of DTP/DTaP will meet this requirement. Children with a medical contraindication 
to pertussis vaccine will need to have had at least four doses of any 
combination of DTP/DTaP or diphtheria-tetanus (DT) vaccines if their first dose 
was given before the first birthday or only three doses if the first dose was 
given on or after the first birthday; 
(iii) one dose of MMR vaccine is required. Only doses received on or after the 
first birthday will meet this requirement. Serologic confirmation of measles, 
mumps, or rubella immunity or serologic evidence of infection is acceptable in 
lieu of vaccination for that disease only. For further information see sec.97.67 
of this title; and 
(iv) one dose of HibCV on or after 15 months of age is required unless a 
schedule for a primary series and booster was completed prior to or at 15 months 
of age. A physician-validated history of invasive Haemophilus influenzae type b 
disease, on or after the second birthday will substitute for the vaccine 
requirement for children two years of age through four years of age. 
(2) Children and students five years of age or older. 
(A) Polio. At least three doses of polio vaccine are required, provided at least 
one dose has been received on or after the fourth birthday. Children and 
students who have received two doses of inactivated poliovirus vaccine (IPV) 
followed by two doses of oral poliovirus vaccine (OPV) prior to their fourth 
birthday do not require one dose of polio vaccine on or after their fourth 
birthday. Polio vaccine is not required for persons 18 years of age or older. 
For further information see sec.97.65 of this title (relating to Pregnancy) and 
sec.97.77(c) and (d) of this title (relating to Remarks and Special 
Recommendations). 
(B) Tetanus/Diphtheria. 
(i) Children and students six years of age and younger: at least four doses of 
DTP/DTaP, DT, or Td vaccine are required, provided at least one dose has been 
received on or after the fourth birthday. Pertussis vaccine is not required for 
children/students who are five years of age and older. Children with a medical 
contraindication to pertussis vaccine will need to have had only three doses of 
any combination of DTP/DTaP/DT/Td vaccines if their first dose was given on or 
after the first birthday and their third dose was given on or after the fourth 
birthday. For further information see sec.97.77(c) and (d) of this title. 
(ii) Children and students seven years of age and older: at least three doses of 
DTP or DTaP, DT, or Td vaccine are required, provided at least one dose has been 
received on or after the fourth birthday. Pertussis vaccine is not required for 
children/students who are five years of age and older. Any combination of three 
doses of DTP/DTaP/DT/Td will meet this requirement. One dose of DTP, DTaP, DT, 
or Td is required within the last ten years. For further information see 
sec.97.77(c) and (d) of this title. 
(C) Measles. 
(i) Beginning September 1, 1990: 
(I) all children and students must have received measles vaccine on or after 
their first birthday, provide serologic confirmation of measles immunity or 
serologic evidence of infection; and 
(II) (No change.) 
(ii) Beginning January 1, 1991, children and students born on or after September 
1, 1978 will be required to show serologic proof of measles immunity, serologic 
evidence of infection, or receipt of two doses of measles vaccine administered 
on or after the first birthday. This proof is not required until the child's 
12th birthday. The two doses of measles vaccine must have been administered at 
least 30 days apart. Children and students may have 30 days past their 12th 
birthday to be in compliance with this clause. For further information see 
sec.97.65 of this title and sec.97.67 of this title. 
(iii) Effective August 1, 1997: 
(I) children born on or after September 2, 1991, will be required to show proof 
of either: 
(-a-) two doses of measles vaccine administered on or after the first birthday 
and at least 30 days apart; or 
(-b-) serologic confirmation of immunity to measles illness or serologic 
evidence of infection. For further information see sec.97.65 of this title and 
sec.97.67 of this title; and 
(II) children born prior to September 2, 1991 will be required to show proof by 
30 days past their 12th birthday of either: 
(-a-) two doses of measles vaccine administered on or after the first birthday 
and at least 30 days apart; or 
(-b-) serologic confirmation of immunity to measles illness or serologic 
evidence of infection. For further information see sec.97.65 of this title and 
sec.97.67 of this title. 
(D) Rubella. Beginning September 1, 1991: 
(i) all children and students must have received rubella vaccine on or after 
their first birthday, provide serologic confirmation of rubella immunity, or 
serologic evidence of infection; and 
(ii) (No change.) 
(E) Mumps. Beginning September 1, 1990: 
(i) all children or students will be required to have received mumps vaccine 
administered on or after their first birthday, provide serologic confirmation of 
mumps immunity, or serologic evidence of infection; and 
(ii) (No change.) 
(F) Hepatitis B. Effective August 1, 1998, children born on or after September 
2, 1992 will be required to show proof of either: 
(i) three doses of hepatitis B vaccine; or 
(ii) serologic confirmation of immunity to hepatitis B or serologic evidence of 
infection. For further information see sec.97.67 of this title.
(3) Students in institutions of higher education (colleges, universities, and 
other teaching facilities above the high school level). 
(A)-(D) (No change.) 
(E) Measles. Beginning January 1, 1992: 
(i) all students defined previously in subparagraph (A) of this paragraph who 
were born on or after January 1, 1957, must show proof of either: 
(I)-(II) (No change.) 
(III) serologic confirmation of measles immunity or serologic evidence of 
infection; and 
(ii) (No change.) 
(F) Rubella. Beginning January 1, 1992: 
(i) all students enrolled in health-related courses defined previously in 
subparagraph (A) of this paragraph must show, prior to patient contact, proof of 
either: 
(I) (No change.) 
(II) serologic confirmation of rubella immunity, or serologic evidence of 
infection; and 
(ii) (No change.) 
(G) Mumps. Beginning January 1, 1992: 
(i) all students defined previously in subparagraph (A) of this paragraph who 
were born on or after January 1, 1957, must show, prior to patient contact, 
proof of either: 
(I) (No change.) 
(II) serologic confirmation of mumps immunity or serologic evidence of 
infection; and 
(ii) (No change.) 
(H) Hepatitis B. Beginning January 1, 1992: 
(i) (No change.) 
(ii) all medical and dental interns and residents who are incompletely immunized 
to hepatitis B virus prior to the start of direct patient care shall complete 
the series as rapidly as is medically feasible, show serologic confirmation of 
immunity to hepatitis B virus, or serologic evidence of infection. For further 
information see sec.97.67 of this title. 
(I) (No change.) 

sec.97.65.Pregnancy.
Requirements for polio, measles, rubella, and mumps vaccines are waived during 
pregnancy. Pregnancy is not a medical contraindication for administration of 
tetanus/diphtheria toxoids.

sec.97.67.Verification of Immunity to Measles, Rubella, Mumps, or Hepatitis B.
Section 97.63 of this title (relating to Required Immunizations) states that 
serologic confirmation of immunity to measles, rubella, mumps, or hepatitis B 
are acceptable in lieu of vaccine against the serologically confirmed disease. 
If a child or student is unable to submit serological proof of immunity or 
serologic evidence of infection, then measles, rubella, mumps, or hepatitis B 
vaccine is required. Evidence of measles, rubella, mumps, or hepatitis B 
illnesses must consist of a laboratory report indicating confirmation of 
immunity or confirmation of infection. A copy of the report must be attached to 
the child's or student's immunization record, and the original should be 
returned to the child/student or the child's/student's parent or guardian. 
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 April 7, 1997.
TRD-9704681
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: April 28, 1997
Proposal publication date: December 10, 1996
For further information, please call: (512) 458-7236

25 TAC sec.97.66
The repeal is adopted under Texas Health and Safety Code (HSC), sec.81.023(a) 
and sec.81.023(c); Texas Education Code, sec.38.001(b); and Texas Human Resource 
Code, sec.42.043, all of which authorize the board to delete, modify, or add 
minimum immunization requirements for all children in the state, including 
school-age children; and HSC sec.12.001, which provides the Texas Board of 
Health (board) with the authority to adopt rules for the performance of every 
duty imposed by law on the board, the department, and the commissioner of 
health. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on April 7, 1997.
TRD-9704600
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: April 28, 1997
Proposal publication date: December 10, 1996
For further information, please call: (512) 458-7236

TITLE 30. ENVIRONMENTAL QUALITY
PART I. Texas Natural Resource Conservation Commission
CHAPTER 331.Underground Injection Control
SUBCHAPTER A.General Provisions
The Texas Natural Resource Conservation Commission (commission) adopts repeals 
to sec.sec.331.8 and 331.31-331.36, and amendments to sec.sec.331.2, 331.4, 
331.7, 331.9-331.13, 331.42-331.46, 331.63-331.66, 331.68, 331.81-331.86, 
331.121, and 331.122, concerning Underground Injection Control. Section 331.9 
and sec.331.42 are adopted with changes to the proposed text as published in the 
January 17, 1997, issue of the Texas Register (22 TexReg 823); and 
sec.sec.331.2, 331.4, 331.7, 331.10-331.13, 331.43-331.46, 331.63-331.66, 
331.68, 331.81-331.86, 331.121, and 331.122 are adopted without changes and will 
not be republished. 
EXPLANATION OF ADOPTED RULE. The purpose of this rule package is to maintain 
consistency with federal regulations, clarify existing regulations, and amend 
regulations that have no environmental impact to allow for either greater 
flexibility than currently allowed or removal of unnecessary restrictions. While 
state requirements must be at least as stringent as the corresponding federal 
requirement, states authorized to implement the federal Underground Injection 
Control (UIC) program are not required to adopt the federal requirements 
verbatim (see 40 CFR sec.145.11(b)(1)). Therefore, in most cases, this adopted 
rule package neither contains identical language to the federal regulations 
referenced nor does it incorporate or paraphrase all of that corresponding 
federal provision. However, in all cases, the amended rule ensures at least the 
equivalent level of environmental protection as that afforded by the 
corresponding federal regulation. The package is not intended as a major 
overhaul of the UIC program, but as an update for purposes of maintaining 
federal UIC program delegation and providing some regulatory relief. 
Section 331.9, concerning Injection Authorized by Rule, is adopted with a 
correction. Old sec.331.9(a), (b), and (e) were deleted in the proposal but the 
cross-references to them in new sec.331.9(c)(1) and (2) (old sec.331.9(g)(1) and 
(2)) inadvertently were not deleted. This change removes the incorrect cross-
references to subsections that have already been deleted and retains the 
provision of paragraph (3) in subsection (c). This change complies with the 
intent of the original proposal. 
Section 331.42 is adopted with a clerical correction. 
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact 
Assessment for these rules pursuant to Texas Government Code Annotated 
sec.2007.043. The following is a summary of that assessment. The specific 
purpose of the rules is to incorporate federal language into current state 
regulations so that the UIC Program can maintain compliance with the federal 
program. The rules will significantly advance this specific purpose by allowing 
the commission to maintain primacy, and thus state control, for the UIC Program 
without making the existing rules any less stringent. Promulgation and 
enforcement of these rule amendments will not create a burden on private real 
property. 
These rule amendments are minor in nature and do not impose any additional or 
substantial burden on private real property. Authorized UIC facilities are 
already subject to these federal requirements; these amendments merely 
incorporate the federal requirements into the state UIC program. Also, because 
this rulemaking is reasonably taken to fulfill an obligation mandated by federal 
law, these rule amendments are excepted from the Private Real Property 
Preservation Act pursuant to sec.2007.3(b)(4) of the Texas Government Code. 
HEARING AND COMMENTERS. A public hearing was conducted in Austin on February 6, 
1997, but no comments were received. 

30 TAC sec.sec.331.2, 331.4, 331.7, 331.9-331.13
STATUTORY AUTHORITY. The repealed and amended sections are adopted under the 
authority of Texas Water Code sec.sec.5.103, 5.105, and 27.019, which provides 
the commission with the authority to adopt rules reasonably required for the 
performance of its powers and duties under the Texas Water Code and other laws 
of the state; and under the Texas Health and Safety Code, sec.361.017 and 
sec.361.024, which further authorize the Texas Natural Resource Conservation 
Commission to promulgate rules necessary to manage industrial solid and 
municipal hazardous wastes. 

sec.331.9.Injection Authorized by Rule. 
(a) Plugging and abandonment of a well authorized by rule at any time after 
January 1, 1982, shall be accomplished in accordance with the standards of 
sec.331.46 of this title (relating to Closure Standards). 
(b) Injection into Class V Wells, unless otherwise provided is authorized by 
virtue of this rule; injection into new Class V wells used for the disposal of 
over 1,000 gallons per day of sewage or sewage effluent must apply for and 
obtain a permit from the commission before operations.
(1) Well authorization under this section expires upon the effective date of a 
permit issued under sec.331.7 of this title (relating to Permit Required). 
(2) An owner or operator of a Class V well is prohibited from injecting into the 
well: 
(A) upon the effective date of permit denial; 
(B) upon failure to submit a permit application in a timely manner under 
subsection (c) of this section; 
(C) upon failure to submit inventory information in a timely manner under 
sec.331.10 of this title (relating to Inventory of Wells Authorized by Rule); or 
(D) upon failure to comply with a request for information in a timely manner. 
(c) The executive director may require the owner or operator of an injection 
well authorized by rule to apply for and obtain an injection well permit. The 
owner or operator shall submit a complete application within 90 days after the 
receipt of a letter from the executive director requesting that the owner or 
operator of an injection well submit an application for permit. Cases for which 
a permit may be required include, but are not limited to, wells not in 
compliance with the standards required by this section. 
(d) Class IV wells injecting hazardous waste-contaminated ground water that is 
of acceptable quality to aid remediation and that is being reinjected into the 
same formation from which it was drawn, as authorized by sec.331.6 of this title 
(relating to Prohibition of Class IV Well Injection), shall be authorized by 
rule. 
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 April 7, 1997.
TRD-9704592
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: April 28, 1997
Proposal publication date: January 17, 1997
For further information, please call: (512) 239-6087

30 TAC sec.331.8
The repeal is adopted under Texas Water Code sec.sec.5.103, 5.105, and 27.019, 
which authorize the Texas Natural Resource Conservation Commission to promulgate 
rules necessary to carry out the powers and duties under the provisions of Texas 
Water Code Chapter 27, and other laws of this state; and under the Texas Health 
and Safety Code, sec.361.017 and sec.361.024, which further authorize the Texas 
Natural Resource Conservation Commission to promulgate rules necessary to manage 
industrial solid and municipal hazardous wastes. 
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 April 7, 1997.
TRD-9704566
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: April 28, 1997
Proposal publication date: January 17, 1997
For further information, please call: (512) 239-6087

SUBCHAPTER B.Jurisdiction Over In Situ Uranium Mining
30 TAC sec.sec.331.31-331.36
The repeals are adopted under Texas Water Code sec.sec.5.103, 5.105, and 27.019, 
which authorize the Texas Natural Resource Conservation Commission to promulgate 
rules necessary to carry out the powers and duties under the provisions of Texas 
Water Code Chapter 27, and other laws of this state; and under the Texas Health 
and Safety Code, sec.361.017 and sec.361.024, which further authorize the Texas 
Natural Resource Conservation Commission to promulgate rules necessary to manage 
industrial solid and municipal hazardous wastes. 
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 April 7, 1997.
TRD-9704593
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: April 28, 1997
Proposal publication date: January 17, 1997
For further information, please call: (512) 239-6087

SUBCHAPTER C.General Standards and Methods
30 TAC sec.sec.331.42-331.46
The amendments are adopted under the authority of Texas Water Code 
sec.sec.5.103, 5.105, and 27.019, which provides the commission with the 
authority to adopt rules reasonably required for the performance of its powers 
and duties under the Texas Water Code and other laws of the state; and under the 
Texas Health and Safety Code, sec.361.017 and sec.361.024, which further 
authorize the Texas Natural Resource Conservation Commission to promulgate rules 
necessary to manage industrial solid and municipal hazardous wastes.

sec.331.42.Area of Review. 
(a) The area of review is the area surrounding an injection well or a group of 
injection wells, for which the permit application must detail the information 
required in Subchapter G of this title (relating to Consideration Prior to 
Permit Issuance). 
(b) The area of review is: 
(1)-(2) (No change.) 
(3) for Class III wells, the project area plus a circumscribing area, a minimum 
of 1/4 mile, the width of which is the lateral distance from the perimeter of 
the project area, in which the pressures in the injection zone may cause the 
migration of the injection and/or formation fluid into a USDW; or 
(4) for Class V wells, an area determined by a radius of at least l/4 mile from 
the proposed or existing wellbore. 
(c) The computation of the cone of influence may be based upon the parameters 
listed below and should be calculated for an injection time period equal to the 
expected life of the injection well or pattern. The following modified Theis 
equation illustrates one form which the mathematical model may take. 
Figure 1: 30 TAC sec.331.42(c) 
(d) After an appropriate review, the commission may modify the area of review. 
In no event shall the boundary of an area of review be less than 2 1/2 miles for 
Class I wells or l/4 mile from any other injection well covered by the 
appropriate authorization. The following factors are to be included in the 
review: 
(1) Chemistry of injection and formation fluids; 
(2) Hydrogeology; 
(3) Population and its dependence on ground water use; and 
(4) Historical practices in the area. 
(e) The executive director may require an owner or operator of an existing 
injection well to submit any reasonably available information regarding the area 
of review, if the information would aid a review for the prevention or 
correction of freshwater pollution. 
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 April 7, 1997.
TRD-9704591
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: April 28, 1997
Proposal publication date: January 17, 1997
For further information, please call: (512) 239-6087

SUBCHAPTER D.Standards for Class I Wells Other Than Salt Cavern Solid Waste 
Disposal Wells
30 TAC sec.sec.331.63-331.66, 331.68
The amendments are adopted under the authority of Texas Water Code 
sec.sec.5.103, 5.105, and 27.019, which provides the commission with the 
authority to adopt rules reasonably required for the performance of its powers 
and duties under the Texas Water Code and other laws of the state; and under the 
Texas Health and Safety Code, sec.361.017 and sec.361.024, which further 
authorize the Texas Natural Resource Conservation Commission to promulgate rules 
necessary to manage industrial solid and municipal hazardous wastes. 
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 April 7, 1997.
TRD-9704590
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: April 28, 1997
Proposal publication date: January 17, 1997
For further information, please call: (512) 239-6087

SUBCHAPTER E.Standards for Class III Wells
30 TAC sec.sec.331.81-331.86
The amendments are adopted under the authority of Texas Water Code 
sec.sec.5.103, 5.105, and 27.019, which provides the commission with the 
authority to adopt rules reasonably required for the performance of its powers 
and duties under the Texas Water Code and other laws of the state; and under the 
Texas Health and Safety Code, sec.361.017 and sec.361.024, which further 
authorize the Texas Natural Resource Conservation Commission to promulgate rules 
necessary to manage industrial solid and municipal hazardous wastes. 
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 April 7, 1997.
TRD-9704589
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: April 28, 1997
Proposal publication date: January 17, 1997
For further information, please call: (512) 239-6087

SUBCHAPTER G.Consideration Prior to Permit Issuance
30 TAC sec.331.121, sec.331.122
amendments are adopted under the authority of Texas Water Code sec.sec.5.103, 
5.105, and sec.27.019, which provides the commission with the authority to adopt 
rules reasonably required for the performance of its powers and duties under the 
Texas Water Code and other laws of the state; and under the Texas Health and 
Safety Code, sec.361.017 and sec.361.024, which further authorize the Texas 
Natural Resource Conservation Commission to promulgate rules necessary to manage 
industrial solid and municipal hazardous wastes. 
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 April 7, 1997.
TRD-9704569
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: April 28, 1997
Proposal publication date: January 17, 1997
For further information, please call: (512) 239-6087