ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 4. AGRICULTURE PART I. Texas Department of Agriculture CHAPTER 10.Seed Certification Standards Acreage Inspection Fees for Certification 4 TAC sec.10.13 The Texas Department of Agriculture (the department) and the State Seed and Plant Board (the Board) adopts amendments to sec.10.13 and sec.10.22, concerning additional requirements for the certification of certain crops under the Texas Seed and Plant Certification Act without changes to the proposed text as published in the April 1, 1997, issue of the Texas Register (22 TexReg 3183). The department is the certifying agency in the administration of the Seed and Plant Certification Act, and is charged with administering and enforcing the standards adopted by the Board. The adopted amendment to sec.10.13 adds cantaloupe and clover to the certification chart which were inadvertently omitted. This chart designates fees per acre for various crop kinds as required for seed certification for genetic identity only. The adopted amendment to sec.10.22 adds the combination of off-types allowed in certified commercial hybrid sunflower growout tests, as adopted by the Board. No comments were received regarding the adoption of the amendments. The amendment is adopted under the Texas Agriculture Code, sec.62.002, which provides the State Seed and Plant Board with the authority to establish standards of genetic purity and identity as necessary for the efficient enforcement of agricultural interest; the Texas Agriculture Code sec.12.016, which provides the department with the authority to adopt rules for administration of the code; and, the Texas Agriculture Code, sec.62.008 which provides the department with the authority to charge certification fees. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 14, 1997. TRD-9706321 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: June 3, 1997 Proposal publication date: April 1, 1997 For further information, please call: (512) 463-7583 Additional Requirements for the Certification of Certain Crops 4 TAC sec.10.22 The amendment is adopted under the Texas Agriculture Code, sec.62.002, which provides the State Seed and Plant Board with the authority to establish standards of genetic purity and identity as necessary for the efficient enforcement of agricultural interests; sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules for Administration of the Texas Agriculture Code; and sec.62.008, which provides the department with the authority to charge fees. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 14, 1997. TRD-9706322 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: June 3, 1997 Proposal publication date: April 1, 1997 For further information, please call: (512) 463-7583 TITLE 22. EXAMINING BOARDS PART XXI. Texas State Board of Examiners of Psychologists CHAPTER 461.General Rulings 22 TAC sec.461.11 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.461.11, concerning Continuing Education, without changes to the proposed text as published in the March 11, 1997, issue of the Texas Register (22 TexReg 2567). The rule is being amended to reflect that only twelve hours of continuing education must be completed by any licensee regardless of the number of licenses issued by this Board and held by the licensee, to reflect that continuing education hours obtained in the future can no longer be banked and to reflect that the term "licensee" applies to all individuals licensed by this Board. The amendment will ensure that each individual licensed by the Board is obtaining continuing education hours yearly, thereby allowing the citizens of Texas to obtain the best possible psychological services available by qualified individuals and to make the rules easier for licensees and the general public to understand and follow. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 13, 1997. TRD-9706303 Sherry L. Lee Executive Director Texas State Board of Examiners of Psychologists Effective date: June 2, 1997 Proposal publication date: March 11, 1997 For further information, please call: (512) 305-7700 CHAPTER 463.Applications 22 TAC sec.463.5 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.463.5, concerning Application File Requirements, without changes to the proposed text as published in the March 11, 1997, issue of the Texas Register (22 TexReg 2567). The rule is being amended to effectively implement requirements for temporary licensure as mandated by the 74th Legislature of Texas and to establish application requirements for those individuals licensed in another jurisdiction who wish to obtain one-year temporary licenses while seeking permanent licensure from the Board. The amendment will ensure that all licensees and the general public are aware of the Board's requirements for temporary licensure and ensure that the citizens of the State of Texas are receiving the best possible psychological services from qualified individuals. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 13, 1997. TRD-9706304 Sherry L. Lee Executive Director Texas State Board of Examiners of Psychologists Effective date: June 2, 1997 Proposal publication date: March 11, 1997 For further information, please call: (512) 305-7700 22 TAC sec.463.7 The Texas State Board of Examiners of Psychologists adopts new sec.463.7, concerning Temporary Licensure Requirements for Applicants Seeking Permanent Licensure as Psychologists or Psychological Associates, with changes to the proposed text as published in the March 11, 1997, issue of the Texas Register (22 TexReg 2568). The new rule is being adopted to effectively implement requirements for temporary licensure as mandated by the 74th Legislature of Texas; to establish standards to define the term "substantial equivalent" for purposes of sec.15A of the Psychologists' Certification and Licensing Act permitting the Board to issue one-year temporary licenses to individuals licensed in another jurisdiction who are seeking permanent licensure from the Board; and to set forth additional requirements that the applicant must meet to qualify for temporary licensure with the Board while satisfying the Board's requirements for permanent licensure. The amendment will ensure that the public is advised of the procedures by which temporary licensure can be obtained by individuals who are seeking permanent licensure with the Board, thereby ensuring that the citizens of Texas are receiving the best possible psychological services from qualified individuals. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute. sec.463.7.Temporary Licensure Requirements for Applicants Seeking Permanent Licensure as Psychologists or Psychological Associates. (a) For purposes of Section 15A, Endorsement, of the Psychologists' Certification & Licensing Act, an applicant for temporary licensure or certification as a psychologist or an applicant for temporary licensure as a psychological associate must establish that the requirements for licensing, certification, or registration in the jurisdiction in which the applicant for temporary license is currently licensed "are substantially equal to those prescribed by this Act" by demonstrating that: (1) The jurisdiction requires: (A) A doctoral degree in psychology for licensure, certification or registration as a psychologist, if the applicant seeks temporary licensure or certification as a psychologist; or (B) A master's degree from a program that is primarily psychological in nature, if the applicant seeks temporary licensure as a psychological associate; and (2) The jurisdiction requires that the licensee, certificand, or registrant has passed the EPPP; and (3) For applicants seeking temporary licensure as a psychologist: (A) That the jurisdiction requires, as a condition for licensure, certification, or registration as a psychologist, that all applicants either: (i) Successfully pass an oral examination; or (ii) Complete two years of supervised experience in the field of psychological services, at least one year of which must have been received after the conferring of the doctoral degree; and (B) That the jurisdiction permits all psychologists so licensed, certified, or registered to engage in the independent practice of psychology. (b) In addition to establishing that the jurisdiction in which the applicant is currently licensed, certified, or registered meets the criteria set forth in subsection (a) of this section, an applicant for temporary licensure or certification must also show: (1) If the applicant is applying for a temporary license as a psychological associate: (A) That the applicant has a master's degree of at least forty-two semester hours from a program which is primarily psychological in nature from a regionally accredited university or college; and (B) That the applicant has passed the EPPP at a 55% level or greater; and (C) That the applicant completed prior to licensure, certification or registration at least 450 hours of a practicum, internship or work experience in psychology under the supervision of a qualified psychologist. (2) If the applicant is applying for temporary certification as a psychologist: (A) That the applicant has completed a doctoral degree in psychology from a regionally accredited institution; and (B) That the applicant has passed the EPPP at a 70% level or greater. (3) If the applicant is applying for temporary licensure as a psychologist, that, in addition to meeting all requirements set forth in paragraph 2 of this subsection for temporary certification as a psychologist, the applicant has either: (A) Completed two years of supervised experience in the field of psychological services, at least one year of which must have been received after the conferring of the doctoral degree; or (B) Taken and passed an oral examination for the purposes of licensure as a psychologist in a jurisdiction whose requirements are substantially equal to those prescribed under this Act as defined in subsection (a) of this section. (c) An applicant for temporary licensure is responsible for providing the Board with the most current requirements from the jurisdiction in which the applicant is currently licensed, certified, or registered for purposes of establishing that the jurisdiction's requirements for licensure, certification, or registration are substantially equal to those prescribed by this Act as defined in this 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 May 13, 1997. TRD-9706305 Sherry L. Lee Executive Director Texas State Board of Examiners of Psychologists Effective date: June 2, 1997 Proposal publication date: March 11, 1997 For further information, please call: (512) 305-7700 CHAPTER 465.Rules of Practice 22 TAC sec.465.22 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.465.22, concerning Psychological Records, without changes to the proposed text as published in the March 11, 1997, issue of the Texas Register (22 TexReg 2568). The rule is being amended to clarify the special requirements for retention of records within the public school districts of the State of Texas. The amendment will ensure that all federal and state laws regarding psychological and educational records in schools are followed by licensees of the Board. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the statute. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 13, 1997. TRD-9706306 Sherry L. Lee Executive Director Texas State Board of Examiners of Psychologists Effective date: June 2, 1997 Proposal publication date: March 11, 1997 For further information, please call: (512) 305-7700 TITLE 37. PUBLIC SAFETY AND CORRECTIONS PART I. Texas Department of Public Safety CHAPTER 15.Drivers License Rules Examination Requirements 37 TAC sec.15.55 The Texas Department of Public Safety adopts an amendment to sec.15.55, concerning examination requirements, without changes to the proposed text as published in the April 4, 1997, issue of the Texas Register (22 TexReg 3287). The justification for the amendment will be waiving of the skills test when presenting Form DE-964E. Paragraph (2) is amended to include Form DE-964E as being accepted for waiving of the skills test by applicants. No comments were received regarding adoption of the amendment. The amendment is proposed pursuant to Texas Government Code, sec.411.006(4), which authorizes the director of the Department of Public Safety to adopt rules, subject to commission approval, considered necessary for the control of the department. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 7, 1997. TRD-9706307 Dudley M. Thomas Director Texas Department of Pubic Safety Effective date: June 12, 1997 Proposal publication date: April 4, 1997 For further information, please call: (512) 424-2890 TITLE 40. SOCIAL SERVICES AND ASSISTANCE PART XIX. Texas Department of Protective and Regulatory Services CHAPTER 715.Day Care Licensing SUBCHAPTER E.Minimum Standards for Day Care Centers 40 TAC sec.715.412, 715.417, 715.421 The Texas Department of Protective and Regulatory Services (TDPRS) adopts the repeal of sec.715.417; amendments to sec.715.412 and sec.715.421; and new sec.715.417 without changes to the proposed text as published in the March 14, 1997, issue of the Texas Register (22 TexReg 2735). The proposed text will not be republished. The justification for the repeal, amendments, and new section is to reflect the changes in the availability and affordability of day care, creating a balance between costs and risk to children. After consideration of the comments summarized below, the economic impact study performed by Tonn and Associates Inc., and the survey performed by the department, the Texas Department of Protective and Regulatory Services Board (Board) is of the opinion that these changes are necessary to allow parents to obtain affordable child care. The Board also believes that these changes will not significantly reduce the protection for children afforded by the 1995 revised standards, which were scheduled to go into effect on September 1, 1997. The repeal, amendments, and new section will function by ensuring that cost for child day care and the risk to children will be minimized. Day care will be made more affordable and children's needs for safety, health, and welfare will be protected. These adopted sections raise the child/staff ratios listed in the revised 1995 rules which were scheduled to go into effect September, 1997. The adopted ratios will be the same as those in the 1985 standards currently in effect, with the exception of the 18 month and younger aged child, for whom child/staff ratios will be lower. There are exceptions in the square footage requirements for children under 18 months, which are the only changed square footage requirements, if facilities can demonstrate that the property easement, deed restrictions, building code or fire code restrictions prohibit compliance. While no comments were received based upon the publication of the proposed rules in the Texas Register, numerous comments were received through a survey conducted by the department and from the mailing of the proposed rules to all licensees. The Cost Impact Analysis on Licensed Child Care Centers survey was designed to gather information regarding the impact of the Revised 1995 Standards, the Proposed Standards and the minimum wage increase. PRS contracted with the Statistical Service Corporation of Austin to process the data compiled from the survey. Data from the survey is summarized below: In the area of availability, the study found that under the revised 1995 ratios, providers reported that they would gain an average of .91 children and .16 staff per center for a statewide estimate of 6,669 additional children in care. With the proposed child/staff ratios, providers reported that they would have an average gain of 4.66 children and .10 staff, for a statewide gain of 34,153 additional children in care. Of particular concern had been the availability of infant care.The study showed that under both sets of standards, 15 centers, or 1.8% would eliminate care for children 0-11 months old. Some of these centers showed they would add children in the 12-17 month age group, indicating they may plan to eliminate the younger age child through attrition as children move into the older group. In addition, 5-6 centers, or .7% reported adding care for children 0-11 months old. In the area of affordability, providers reported that under the revised 1995 ratios they would gain an average of $71 in revenue per week, for a statewide estimate of $516,841 additional revenue. Using the proposed ratios, providers reported an average gain of $335 in revenue per week, for a statewide estimate of $2,453,676 in additional revenue. Comments received through the survey and otherwise are summarized below: Comments concerning square footage: Some commenters were concerned that at the time of sale, there may be a devaluing of income projections because there would be less footage available for the care of 18 month and younger age children. Response to comments concerning square footage: The Board recognized that there may ultimately be some cost to the changes in the square foot requirements for children 18 months and younger. In considering the need for affordable day care, the concerns of the providers and the need to protect children, the Board believes these proposed sections afford the best possible balance. Exceptions to compliance were built into the rules allowing facilities licensed prior to September 1, 1997, to demonstrate that the property easement, deed restriction, building code or fire code restrictions would prohibit compliance. Comments regarding ratios: Concern was expressed that if the ratios go up from the 1985 standards (the ratios in effect until September of 1997), the providers will have to pay more, especially since the minimum wage has gone up. This could cause more parents to be unable to afford child care and to leave their children in unlicensed care, which would create a danger to children. One commenter stated that it was easier to work with a group of 15 to 17 rather than 13 three year old children in one group because the older children set a good example for the younger children. One respondent suggested that the proposed standards include an "emergency clause" for dealing with times when substitute staff are not available. Most of the commenters stated that they were already meeting or exceeding both the revised 1995 and proposed rules, were paying child care staff more than the minimum wage, and would not be impacted by the proposed rules. Some commenters also stated they felt the proposed ratios would decrease child safety and that safety should not be jeopardized for profit. One commenter suggested that in large groups of children, there would be a "survival of the fittest." Response concerning ratios: The Board does not believe it can include an "emergency clause" as this would decrease child safety. The Board believes that the ratios in these proposed sections strike an appropriate balance between the increased costs and the protection needed for children. The proposed rules do not raise child/staff ratios from the 1985 standards that are currently in effect, with the exception of the 18 month and younger age child, where adult- child interaction is most crucial to development. Agreement was reached by the Texas Association for the Education of Young Children and the Texas Licensed Child Care Association for the adoption of the proposed rules. The Child Care Development Association of Texas, Inc. did not support the adopted rules in the area of ratios for the 18 month and younger age child and the square footage requirements for the 18 month old and younger child. The amendments and new section are adopted under the Human Resources Code (HRC), Chapters 40 and 42, which describe the department's regulatory and rulemaking authority. The amendments and new section implement HRC, Chapters 40 and 42. 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 May 13, 1997. TRD-9706290 C. Ed Davis Deputy Director, Legal Services Texas Department of Protective and Regulatory Services Effective date: September 1, 1997 Proposal publication date: March 14, 1997 For further information, please call: (512) 438-3765 40 TAC sec.715.417 The repeal is adopted under the Human Resources Code (HRC), Chapters 40 and 42, which describe the department's regulatory and rulemaking authority. The repeal implements HRC, Chapters 40 and 42. 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 May 13, 1997. TRD-9706289 C. Ed Davis Deputy Director, Legal Services Texas Department of Protective and Regulatory Services Effective date: September 1, 1997 Proposal publication date: March 14, 1997 For further information, please call: (512) 438-3765