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 15.Egg Law 4 TAC sec.15.7 The Texas Department of Agriculture (the department) adopts an amendment to sec.15.7, concerning Texas Egg Law, without changes to the proposed text as published in the April 29, 1997, issue of the Texas Register (22 TexReg 3767). The amendment is adopted effective September 1, 1997, without changes and will not be republished. The amendment is adopted to require that shell eggs be stored at a temperature of 45 degrees Fahrenheit. The Texas Poultry Federation commented generally in favor of the amendment. The amendment is adopted under the Texas Agriculture Code, sec.132.003, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary to administer the Texas Agriculture Code, Chapter 132. 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 June 10, 1997. TRD-9707534 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 1, 1997 Proposal publication date: April 29, 1997 For further information, please call: (512) 463-7583 CHAPTER 18.Organic Standards and Certification The Texas Department of Agriculture (the department), adopts the repeal of sec.18.5 and new sec.18.5, concerning fees without changes to the proposed text published in the May 9, 1997, issue of the Texas Register (22 TexReg 4045). The repeal is adopted to allow the department to replace sec.18.5 with new sec.18.5. New sec.18.5 is adopted to clarify language, make fees more applicable to the type of inspection, and provide the appropriate structure to be compatible for an automated licensing system. New sec.18.5 establishes procedures for payment of fees and schedule of fees for producers, processors, distributors, retailers and organic certifying agents and for late filing of renewal applications. No comments were received regarding adoption of the repeal or new section. 4 TAC sec.18.5 The repeal is adopted under the Texas Agriculture Code, sec.18.002, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for administration of the Code, Chapter 18. 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 June 10, 1997. TRD-9707535 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: June 30, 1997 Proposal publication date: May 9, 1997 For further information, please call: (512) 463-7583 The new section is adopted under the Texas Agriculture Code, sec.18.002, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for administration of the Code, Chapter 18; and sec.18.006, which provides the department with the authority to charge an annual fee for certification under Chapter 18. 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 June 10, 1997. TRD-9707536 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: June 30, 1997 Proposal publication date: May 9, 1997 For further information, please call: (512) 463-7583 TITLE 22. EXAMINING BOARDS PART I. Texas Board of Architectural Examiners CHAPTER 1.Architects SUBCHAPTER A.Scope; Definitions 22 TAC sec.1.5 The Texas Board of Architectural Examiners adopts an amendment to sec.1.5, concerning Terms Defined Herein without changes to the text as published in the March 21, 1997, issue of the Texas Register (22 TexReg 2953). The text will not be republished. This amendment is being adopted to add definitions for commonly used phrases. The adoption of this amendment will result in a clarification of the rules. No comments were received regarding adoption of the amendment. The amendment is proposed under Vernon's Texas Civil Statutes, Article 249a which provide the Texas Board of Architectural Examiners with authority to promulgate rules. This proposed amendment does not affect any other statutes. 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 June 10, 1997. TRD-9707541 Cathy L. Hendricks, ASID/IIDA Executive Director Texas Board of Architectural Examiners Effective date: June 30, 1997 Proposal publication date: March 21, 1997 For further information, please call: (512) 305-8535 22 TAC sec.1.16 The Texas Board of Architectural Examiners adopts an amendment to sec.1.16, concerning Official Records without changes to the text as published in the March 21, 1997, issue of the Texas Register (22 TexReg 2953). The text will not be republished. This amendment is being adopted to omit a reference to a chapter that has been repealed and to correct the title of a referenced subchapter. The adoption of this amendment will result in the clarification of the existing rule. No comments were received regarding adoption of the amendment. The amendment is proposed under Vernon's Texas Civil Statutes, Article 249a which provide the Texas Board of Architectural Examiners with authority to promulgate rules. This proposed amendment does not affect any other statutes. 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 June 10, 1997. TRD-9707542 Cathy L. Hendricks, ASID/IIDA Executive Director Texas Board of Architectural Examiners Effective date: June 30, 1997 Proposal publication date: March 21, 1997 For further information, please call: (512) 305-8535 SUBCHAPTER B.Registration 22 TAC sec.1.21 The Texas Board of Architectural Examiners adopts an amendment to sec.1.21, concerning Eligibility without changes to the text as published in the March 11, 1997, issue of the Texas Register (22 TexReg 2564). The text will not be republished. This amendment is being adopted to obtain the social security number of applicants as required by sec.231.302 of the Texas Family Code. The adoption of this amendment will result in the ability to identify and withhold professional licenses from applicants who are not conforming to Texas laws pertaining to child support payments. No comments were received regarding adoption of the amendment. The amendment is proposed under Vernon's Texas Civil Statutes, Article 249a which provide the Texas Board of Architectural Examiners with authority to promulgate rules. This proposed amendment does not affect any other statutes. 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 June 10, 1997. TRD-9707543 Cathy L. Hendricks, ASID/IIDA Executive Director Texas Board of Architectural Examiners Effective date: June 30, 1997 Proposal publication date: March 21, 1997 For further information, please call: (512) 305-8535 22 TAC sec.1.25 The Texas Board of Architectural Examiners adopts an amendment to sec.1.25, concerning Processing without changes to the text as published in the March 21, 1997 issue of the Texas Register (22 TexReg 2954). The text will not be republished. This amendment is being adopted to insert a sentence accidentally omitted from the earlier version. The adoption of this amendment will result in the collection of complete and accurate information for board records. No comments were received regarding adoption of the amendment. The amendment is proposed under Vernon's Texas Civil Statutes, Article 249a which provide the Texas Board of Architectural Examiners with authority to promulgate rules. This proposed amendment does not affect any other statutes. 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 June 10, 1997. TRD-9707544 Cathy L. Hendricks, ASID/IIDA Executive Director Texas Board of Architectural Examiners Effective date: June 30, 1997 Proposal publication date: March 21, 1997 For further information, please call: (512) 305-8535 SUBCHAPTER E.Fees 22 TAC sec.1.88 The Texas Board of Architectural Examiners adopts an amendment to sec.1.88, concerning Emeritus Fee without changes to the text as published in the March 21, 1997, issue of the Texas Register (22 TexReg 2954). The text will not be republished. This amendment is being adopted to clarify the term "emeritus status." The adoption of this amendment will result in a more uniform application of the rule. No comments were received regarding adoption of the amendment. The amendment is proposed under Vernon's Texas Civil Statutes, Article 249a which provide the Texas Board of Architectural Examiners with authority to promulgate rules. This proposed amendment does not affect any other statutes. 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 June 10, 1997. TRD-9707545 Cathy L. Hendricks, ASID/IIDA Executive Director Texas Board of Architectural Examiners Effective date: June 30, 1997 Proposal publication date: March 21, 1997 For further information, please call: (512) 305-8535 SUBCHAPTER I.Charges Against Architects: Action 22 TAC sec.1.161 The Texas Board of Architectural Examiners adopts an amendment to sec.1.161, concerning Disciplinary Action without changes to the text as published in the March 21, 1997 issue of the Texas Register (22 TexReg 2955). The text will not be republished. This amendment is being adopted to correct a Subchapter number referenced in the rule. The adoption of this amendment will result in a clarification of the existing rule. No comments were received regarding adoption of the amendment. The amendment is proposed under Vernon's Texas Civil Statutes, Article 249a which provide the Texas Board of Architectural Examiners with authority to promulgate rules. This proposed amendment does not affect any other statutes. 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 June 10, 1997. TRD-9707546 Cathy L. Hendricks, ASID/IIDA Executive Director Texas Board of Architectural Examiners Effective date: June 30, 1997 Proposal publication date: March 21, 1997 For further information, please call: (512) 305-8535 CHAPTER 3.Landscape Architects SUBCHAPTER A.Scope; Definitions 22 TAC sec.3.5 The Texas Board of Architectural Examiners adopts an amendment to sec.3.5, concerning Terms Defined Herein with changes to the text as published in the March 21, 1997, issue of the Texas Register (22 TexReg 2955). This amendment is being adopted to add definitions for commonly used phrases. The adoption of this amendment will result in a clarification of the rules. No comments were received regarding adoption of the amendment. The amendment is proposed under Vernon's Texas Civil Statutes, Article 249c which provide the Texas Board of Architectural Examiners with authority to promulgate rules. This proposed amendment does not affect any other statutes. sec.3.5.Terms Defined Herein. The following words and terms, when used in these rules, shall have the following meanings, unless the context clearly indicates otherwise. DIRECT SUPERVISION:That degree of supervision by a person overseeing the work of another whereby the supervisor and the individual being supervised work in close proximity to one another and the supervisor has both control over and detailed professional knowledge of the work prepared under his or her supervision. EMERITUS STATUS: An honorary title that allows a retired landscape architect who no longer wishes to actively practice landscape architecture to retain his or her professional title but does not confer the right to practice as a registered professional. RESPONSIBLE CHARGE:That degree of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered landscape architects applying the required professional standard of care. 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 June 10, 1997. TRD-9707547 Cathy L. Hendricks, ASID/IIDA Executive Director Texas Board of Architectural Examiners Effective date: June 30, 1997 Proposal publication date: March 21, 1997 For further information, please call: (512) 305-8535 SUBCHAPTER B.Registration 22 TAC sec.3.21 The Texas Board of Architectural Examiners adopts an amendment to sec.3.21, concerning Eligibility without changes to the text as published in the March 11, 1997, issue of the Texas Register (22 TexReg 2565). The text will not be republished. This amendment is being adopted to obtain the social security number of applicants as required by sec.231.302 of the Texas Family Code. The adoption of this amendment will result in the ability to identify and withhold professional licenses from applicants who are not conforming to Texas laws pertaining to child support payments. No comments were received regarding adoption of the amendment. The amendment is proposed under Vernon's Texas Civil Statutes, Article 249c which provide the Texas Board of Architectural Examiners with authority to promulgate rules. This proposed amendment does not affect any other statutes. 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 June 10, 1997. TRD-9707548 Cathy L. Hendricks, ASID/IIDA Executive Director Texas Board of Architectural Examiners Effective date: June 30, 1997 Proposal publication date: March 21, 1997 For further information, please call: (512) 305-8535 SUBCHAPTER E.Fees 22 TAC sec.3.88 The Texas Board of Architectural Examiners adopts an amendment to sec.3.88, concerning Emeritus Fee without changes to the text as published in the March 21, 1997, issue of the Texas Register (22 TexReg 2956). The text will not be republished. This amendment is being adopted to clarify the term "emeritus status." The adoption of this amendment will result in a more uniform application of the rule. No comments were received regarding adoption of the amendment. The amendment is proposed under Vernon's Texas Civil Statutes, Article 249c which provide the Texas Board of Architectural Examiners with authority to promulgate rules. This proposed amendment does not affect any other statutes. 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 June 10, 1997. TRD-9707549 Cathy L. Hendricks, ASID/IIDA Executive Director Texas Board of Architectural Examiners Effective date: June 30, 1997 Proposal publication date: March 21, 1997 For further information, please call: (512) 305-8535 CHAPTER 5.Interior Designers SUBCHAPTER A.Scope; Definitions 22 TAC sec.5.5 The Texas Board of Architectural Examiners adopts an amendment to sec.5.5 Terms Defined Herein with changes to the text as published in the March 21, 1997, issue of the Texas Register (22 TexReg 2956). This amendment is being adopted to add definitions for commonly used phrases. The adoption of this amendment will result in a clarification of the rules. No comments were received regarding adoption of the amendment. The amendment is proposed under Vernon's Texas Civil Statutes, Article 249e which provide the Texas Board of Architectural Examiners with authority to promulgate rules. This proposed amendment does not affect any other statutes. sec.5.5. Terms Defined Herein. The following words and terms, when used in these rules, shall have the following meanings, unless the context clearly indicates otherwise. DIRECT SUPERVISION:That degree of supervision by a person overseeing the work of another whereby the supervisor and the individual being supervised work in close proximity to one another and the supervisor has both control over and detailed professional knowledge of the work prepared under his or her supervision. EMERITUS STATUS:An honorary title that allows a retired interior designer who no longer wishes to actively practice interior design to retain his or her professional title but does not confer the right to practice as a registered professional. RESPONSIBLE CHARGE:That degree of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered interior designers applying the required professional standard of care. 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 June 10, 1997. TRD-9707550 Cathy L. Hendricks, ASID/IIDA Executive Director Texas Board of Architectural Examiners Effective date: June 30, 1997 Proposal publication date: March 21, 1997 For further information, please call: (512) 305-8535 SUBCHAPTER B.Registration 22 TAC sec.5.31 The Texas Board of Architectural Examiners adopts an amendment to sec.5.31, concerning Eligibility without changes to the text as published in the March 21, 1997, issue of the Texas Register (22 TexReg 2957). The text will not be republished. This amendment is being adopted to obtain the social security number of applicants as required by sec.231.302 of the Texas Family Code and to specify a closing date for applications for interior designer registration without examination. The adoption of this amendment will result in the ability to identify and withhold professional licenses from applicants who are not conforming to Texas laws pertaining to child support payments and the establishment of a deadline for fulfilling the requirements for interior designer registration without examination. No comments were received regarding adoption of the amendment. The amendment is proposed under Vernon's Texas Civil Statutes, Article 249e which provide the Texas Board of Architectural Examiners with authority to promulgate rules. This proposed amendment does not affect any other statutes. sec.5.31.Eligibility. (a )-(c) (No change.) (d) An applicant for registration without examination under the provisions of paragraph (2) of subsection (a) of this section who fails to complete the required six or more years of experience on or before September 1, 2003, will be ineligible for registration without examination. (e) Pursuant to the provisions of sec.231.302 of the Texas Family Code, each applicant shall submit his or her social security number on forms prescribed by the board. Such information shall be considered confidential as stated in sec.231.302(e) of the Texas Family 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 June 10, 1997. TRD-9707551 Cathy L. Hendricks, ASID/IIDA Executive Director Texas Board of Architectural Examiners Effective date: June 30, 1997 Proposal publication date: March 21, 1997 For further information, please call: (512) 305-8535 22 TAC sec.5.38 The Texas Board of Architectural Examiners adopts an amendment to sec.5.38, concerning Reciprocal Transfer without changes to the text as published in the March 11, 1997, issue of the Texas Register (22 TexReg 2566). The text will not be republished. This amendment is being adopted to clarify the term "substantially equivalent" as used in the rule. The adoption of this amendment will result in a better understanding and enforcement of the rule. No comments were received regarding adoption of the amendment. The amendment is proposed under Vernon's Texas Civil Statutes, Article 249e which provide the Texas Board of Architectural Examiners with authority to promulgate rules. This proposed amendment does not affect any other statutes. 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 June 10, 1997. TRD-9707552 Cathy L. Hendricks, ASID/IIDA Executive Director Texas Board of Architectural Examiners Effective date: June 30, 1997 Proposal publication date: March 21, 1997 For further information, please call: (512) 305-8535 SUBCHAPTER E.Fees. 22 TAC sec.5.99 The Texas Board of Architectural Examiners adopts an amendment to sec.5.99, conerning Emeritus Fee without changes to the text as published in the March 21, 1997, issue of the Texas Register (22 TexReg 2957). The text will not be republished. This amendment is being adopted to clarify the term "emeritus status." The adoption of this amendment will result in a more uniform application of the rule. No comments were received regarding adoption of the amendment. The amendment is proposed under Vernon's Texas Civil Statutes, Article 249e which provide the Texas Board of Architectural Examiners with authority to promulgate rules. This proposed amendment does not affect any other statutes. 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 June 10, 1997. TRD-9707553 Cathy L. Hendricks, ASID/IIDA Executive Director Texas Board of Architectural Examiners Effective date: June 30, 1997 Proposal publication date: March 21, 1997 For further information, please call: (512) 305-8535 PART XV. Texas State Board of Pharmacy CHAPTER 283.Licensing Requirements for Pharmacists 22 TACsec.283.4, sec.283.5 The Texas State Board of Pharmacy adopts amendments to sec.283.4 and sec.283.5, concerning Internship Requirements and Pharmacist-Intern Duties, without changes to the proposed text as published in the April 1, 1997, Texas Register (22 TexReg 3200). These amendments will allow pharmacists licensed in a state other than Texas to supervise pharmacist-interns when the pharmacist is working in a federal facility and serving as an instructor for a Texas college-based internship program. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Pharmacy Act,Texas Civil Statutes, Article 4542a-1, sec.4 which specifies that the purpose of the Act is to protect the public through the effective control and regulation of the practice of pharmacy; sec.16(a) which gives the Board the authority to adopt rules for the proper administration and enforcement of the Act; sec.17(a)(3) which gives the Board the authority to establish requirements for practical training, including internship; sec.21(f) which requires an applicant for licensure by examination to obtain practical experience under conditions determined by the Board; and sec.21(g) which requires the Board to establish standards for internship and qualifications for preceptor. 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 June 9, 1997. TRD-9707454 Fred S. Brinkley, Jr., R.Ph, M.B.A. Executive Director Texas State Board of Pharmacy Effective date: June 30, 1997 Proposal publication date: April 1, 1997 For further information, please call: (512) 305-8028 22 TAC sec.283.7, sec.283.9 The Texas State Board of Pharmacy adopts amendments to sec.283.7 and sec.283.9, concerning Examination Requirements and Fee Requirements for Licensure by Examination and Reciprocity, without changes to the proposed text as published in the January 17, 1997, issue of the Texas Register (22 TexReg 821). These amendments specify the method of payment of Examination and Reciprocity fees; refund policies of the agency; procedures to score transfer a NAPLEX score to other states; and the application deadlines for NAPLEX and Reciprocity Candidates. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Pharmacy Act, Texas Civil Statutes, Article 4542a-1, sec.16(a) which gives the Board the authority to adopt rules for proper administration and enforcement of the Act; sec.30 which specifies that the Board shall establish reasonable and necessary fees so that fees, in the aggregate, produce sufficient revenue to cover the cost of administering this Act; and sec.21 which specifies the qualifications for licensing by examination. 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 June 9, 1997. TRD-9707453 Fred S. Brinkley, Jr., R.Ph, M.B.A. Executive Director Texas State Board of Pharmacy Effective date: June 30, 1997 Proposal publication date: January 17, 1997 For further information, please call: (512) 305-8028 PART XXII. Texas State Board of Public Accountancy CHAPTER 501. Professional Conduct General Provisions 22 TAC sec.501.2 The Texas State Board of Public Accountancy adopts an amendment to sec.501.2, concerning Definitions, without changes to the proposed text as published in the April 25, 1997, issue of the Texas Register (22 TexReg 3697). The amendment allows for a clearer understanding that a contingent fee arrangement might impair a CPA's independence and specifically includes litigation support services to the definition of accounting. The amendment will function by having improved definitions of contingent fees and the client practice of accountancy. No comments were received concerning adoption of the rule. The rule is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provides the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law. 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 29, 1997. TRD-9707475 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: June 30, 1997 Proposal publication date: April 25, 1997 For further information, please call: (512) 505-5566 Professional Practices 22 TAC sec.501.11 The Texas State Board of Public Accountancy adopts an amendment to sec.501.11, concerning Independence, without changes to the proposed text as published in the April 25, 1997, issue of the Texas Register (22 TexReg 3697). The amendment allows for a clearer understanding that a contingent fee arrangement might impair a CPA's independence. The amendment will function by directing CPAs and other readers to sec.501.15 of this title (relating to Services for Fees). No comments were received concerning adoption of the rule. The rule is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provides the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law. 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 29, 1997. TRD-9707476 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: June 30, 1997 Proposal publication date: April 25, 1997 For further information, please call: (512) 505-5566 22 TAC sec.501.15 The Texas State Board of Public Accountancy adopts new sec.501.15, concerning Services for Fees, without changes to the proposed text as published in the April 25, 1997, issue of the Texas Register (22 TexReg 3698). The new rule allows for a clearer understanding of those areas of accounting where contingent fees are allowed. The new rule will function by listing those areas of accounting where contingent fees arrangements are prohibited and by listing an area where contingent fees are allowed. No comments were received concerning adoption of the rule. The rule is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provides the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law. 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 29, 1997. TRD-9707477 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: June 30, 1997 Proposal publication date: April 25, 1997 For further information, please call: (512) 505-5566 CHAPTER 511. Certification as CPA Education Requirements 22 TAC sec.511.56 The Texas State Board of Public Accountancy adopts new sec.511.56, concerning Qualifications under the 1991 Act, without changes to the proposed text as published in the April 25, 1997, issue of the Texas Register (22 TexReg 3699). The new rule allows those persons who qualified to sit for the uniform CPA examination to maintain their eligibility. The new rule will function by placing into the Rules the qualification requirements of the 1991 Act for the benefit of those persons who qualified under the 1991 Act by allowing them to maintain their eligibility when the Act is updated and amended. No comments were received concerning adoption of the rule. The rule is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provides the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law. 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 29, 1997. TRD-9707479 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: June 30, 1997 Proposal publication date: April 25, 1997 For further information, please call: (512) 505-5566 22 TAC sec.511.61 The Texas State Board of Public Accountancy adopts new sec.511.61, concerning Implementation of the 150 Semester Hours or Quarter-hour Equivalents Requirement, without changes to the proposed text as published in the April 25, 1997, issue of the Texas Register (22 TexReg 3699). The new rule allows applicants who will sit for the May 1988 to November 1999 examinations to be excused from satisfying the 150 semester-hour requirement. The new rule will function by creating a grace period during which applicants will not have to satisfy the 150 semester-hour requirement. No comments were received concerning adoption of the rule. The rule is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provides the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law. 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 29, 1997. TRD-9707483 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: June 30, 1997 Proposal publication date: April 25, 1997 For further information, please call: (512) 505-5566 22 TAC sec.511.92 The Texas State Board of Public Accountancy adopts new sec.511.92, concerning Definitions, without changes to the proposed text as published in the February 28, 1997, issue of the Texas Register (22 TexReg 2326). The new rule implements of the Americans with Disabilities Act. The new rule will complies with the American with Disabilities Act. No comments were received concerning adoption of the rule. The rule is adopted under Texas Civil Statutes, Article 41aÄ1, sec.6, which provides the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law and is required by the Americans with Disabilities 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 May 29, 1997. TRD-9707485 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: June 30, 1997 Proposal publication date: February 28, 1997 For further information, please call: (512) 505-5566 TITLE 28. INSURANCE PART III. Texas Certified Self-Insurer Guaranty Association CHAPTER 181.By-laws 28 TAC sec.181.1 The Texas Certified Self-Insurer Guaranty Association adopts an amendment to sec.181.1, concerning the By-laws of the Association, without changes to the proposed text as published in the December 13, 1996, issue of the Texas Register (21 TexReg 11937). This amendment clarifies that the earned income of the Texas Self-Insurance Guaranty Trust Fund may be used for the purpose of administration of the Trust Fund. The amendment is necessary to assure that there is no ambiguity about the use of earned income for administration of the Trust Fund. The amendment will clarify the original intention to allow earned income of the Texas Self-Insurance Guaranty Trust Fund to be used for the purpose of administration of the Trust Fund. No comments were received regarding adoption of the amendment. The amendment is adopted under the Labor Code, Chapter 407, Subchapter G, sec.407.123, which authorizes the Board of Directors of the Association, subject to the approval of the Texas Workers' Compensation Commission, to adopt rules necessary to operate the Association. These amendments were finally adopted by the Board of Directors of the Association on November 11, 1996, and approved by the Texas Workers' Compensation Commission on May 8, 1997. After adoption by the Board, the amendments were ratified by a majority vote of the members of the Association by mail-in ballot. 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 June 10, 1997. TRD-9707524 Judy Roach Executive Director Texas Certified Self-Insurer Guaranty Association Effective date: June 30, 1997 Proposal publication date: December 13, 1996 For further information, please call: (512) 322-2514