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 14.Agricultural Protective Act 4 TAC sec.sec.14.1-14.4 The Texas Department of Agriculture (the department) adopts the repeal of sec.sec.14.1-14.4, concerning the Agricultural Protective Act (the Act), without changes to the proposed text as published in the May 6, 1997, issue of the Texas Register (22 TexReg 3975). The sections are adopted without changes and will not be republished. The sections are repealed in order to allow for the adoption of new sections to clarify existing language in the current regulations, provide additional information to persons in the produce industry regarding procedures to follow in complying with the regulations, provide operating procedures for the Board, and establish procedures for the conduct and determination of Board decisions so that hearings and other proceedings before the Board may be conducted in a uniform and efficient manner. The repeal deletes existing sections relating to definitions, citrus proof of ownership, fees and the expiration date for Chapter 14. No comments were received regarding the repeal of the sections. The repeal is adopted under the Texas Agriculture Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for the efficient enforcement and administration of the Texas Agriculture Code, Chapters 101, 102, and 103, concerning the handling and marketing of Texas grown citrus fruit and vegetables, and the Produce Recovery Fund; sec.101.006 and sec.102.006, which authorize the department to establish license and registration fees; sec.101.010 and sec.102.010 which authorize the department to establish a fee for a buying or transporting agent card; sec.103.005, which authorizes the department to establish a fee for filing a claim with the Produce Recovery Fund program, and sec.103.011 which authorizes the department to establish fees to be paid by licensees to the Produce Recovery Fund. 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 July 24 1997. TRD-9709631 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: August 13, 1997 Proposal publication date: May 6, 1997 For further information, please call: (512) 463-7583 CHAPTER 14.Vegetable and Citrus Fruit Handling and Marketing Program The Texas Department of Agriculture (the department) adopts new sec.sec.14.1- 14.5, concerning handling and marketing of vegetables, and citrus fruit; sec.sec.14.10-14.14, concerning Produce Recovery Fund (Fund) claims; and sec.sec.14.20-14.26, concerning the Fund Board, without changes to the proposed text as published in the May 6, 1997, issue of the Texas Register (22 TexReg 3975). The new sections are adopted without changes and will not be republished. The new sections are adopted in order to establish procedures for licensing of persons, for filing of claims, and for the conducting of Board hearings under Chapters 101, 102, and 103 of the Texas Agriculture Code. New sections 14.1-14.5 define words used in these sections, identify requirements for purchasing citrus fruit, set fees for a license, registration, identification card, fund, and claim filing, identify procedures for license cancellation, and establish an expiration date. New sec.sec.14.10-14.14 identify requirements for filing a claim against the Fund, clarify determinations on claims heard before the department, define procedures for filing notices of protest for appeal to the Board, set payment of claims made from the Fund, and clarify requirements for reimbursement to the Fund and the claimant. New sec.sec.14.20-14.26 define the operating procedures for the Board, clarify the duties of the Board and the department, sets procedures for setting, and conducting Board meetings, set procedures for conducting hearings before the Board, clarify determinations on claims heard before the Board, set procedures for motions for rehearing before the Board, and clarify procedures for appealing the Board's final determination. No comments were received regarding the adoption of the new sections. SUBCHAPTER A.General Provisions 4 TAC sec.sec.14.1-14.5 The new sections are adopted under the Texas Agriculture Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules necessary for the administration of the Texas Agriculture Code, Chapters 101, 102, and 103, concerning the handling and marketing of Texas grown citrus fruit and vegetables, and the Produce Recovery Fund; sec.101.006 and sec.102.006, which authorize the department to establish license and registration fees; sec.101.010 and sec.102.010 which authorize the department to establish a fee for a buying or transporting agent card; sec.103.005, which authorizes the department to establish a fee for filing a claim with the Produce Recovery Fund program, and sec.103.011 which authorizes the department to establish fees to be paid by licensees to the Produce Recovery Fund. 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 July 24 1997. TRD-9709632 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: August 13, 1997 Proposal publication date: May 6, 1997 For further information, please call: (512) 463-7583 SUBCHAPTER B.Produce Recovery Fund Claims 4 TAC sec.sec.14.10-14.14 The new sections are adopted under the Texas Agriculture Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules necessary for the administration of the Texas Agriculture Code, Chapters 101, 102, and 103, concerning the handling and marketing of Texas grown citrus fruit and vegetables, and the Produce Recovery Fund; sec.101.006 and sec.102.006, which authorize the department to establish license and registration fees; sec.101.010 and sec.102.010 which authorize the department to establish a fee for a buying or transporting agent card; sec.103.005, which authorizes the department to establish a fee for filing a claim with the Produce Recovery Fund program, and sec.103.011 which authorizes the department to establish fees to be paid by licensees to the Produce Recovery Fund. 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 July 24 1997. TRD-9709633 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: August 13, 1997 Proposal publication date: May 6, 1997 For further information, please call: (512) 463-7583 SUBCHAPTER C.Produce Recovery Fund Board 4 TAC sec.sec.14.20-14.26 The new sections are adopted under the Texas Agriculture Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules necessary for the administration of the Texas Agriculture Code, Chapters 101, 102, and 103, concerning the handling and marketing of Texas grown citrus fruit and vegetables, and the Produce Recovery Fund; sec.101.006 and sec.102.006, which authorize the department to establish license and registration fees; sec.101.010 and sec.102.010 which authorize the department to establish a fee for a buying or transporting agent card; sec.103.005, which authorizes the department to establish a fee for filing a claim with the Produce Recovery Fund program, and sec.103.011 which authorizes the department to establish fees to be paid by licensees to the Produce Recovery Fund. 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 July 24 1997. TRD-9709634 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: August 13, 1997 Proposal publication date: May 6, 1997 For further information, please call: (512) 463-7583 CHAPTER 19.Quarantines 4 TAC sec.19.111, sec.19.113 The Texas Department of Agriculture (the department) adopts an amendment to sec.19.111 and sec.19.113, concerning the European corn borer quarantine, without changes to the proposed text as published in the June 20, 1997, issue of the Texas Register (22 TexReg 6119). The amendment is adopted without changes and will not be republished. The amendment to sec.19.111 is adopted to stop the artificial spread of the European corn borer and adds the counties of Bailey, Castro, Floyd, Hale, Lamb, Parmer, and Swisher to the list of quarantined areas. The amendment to sec.19.113 is adopted to provide an additional exception for quarantine certification to allow the movement of a quarantined article from a quarantined area into a European corn borer free area. The amendment adds, as an exception, a greenhouse or growing area where certain quarantined articles were produced and inspected and no European Corn Borer was found. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Agriculture Code (the Code), sec.71.002, which provides the Texas Department of Agriculture with the authority to establish quarantines against diseases and pests found within the state; and sec.71.007, which authorizes the department to adopt rules necessary for the protection of agricultural and horticultural interests. 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 July 24 1997. TRD-9709630 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: August 13, 1997 Proposal publication date: June 10, 1997 For further information, please call: (512) 463-7583 TITLE 22. EXAMINING BOARDS PART XIX. Texas Polygraph Examiners Board CHAPTER 391.Polygraph Examiner Internship 22 TAC sec.391.3 The Polygraph Examiners Board adopts amendments to sec.391.3 concerning the Polygraph Examiner Internship without changes to the proposed text as published in the February 18, 1997 issue of the Texas Register (22 TexReg 1784). The board has determined that the rule on approved schools is outdated and refers the public to the Board office for current information. A definition clarify the commencement of the intern licensing period was added. No comments were received regarding adoption of the amendment. This amendment is adopted under the Polygraph Examiners Act, Article 4413 (29cc), sec.6, which provides the board with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Polygraph Examiners Act, Article 4413 (29cc). The amendment implements the Polygraph Examiners Act, Article 4413 (29cc). 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 July 24, 1997. TRD-9709752 Frank Ditucci Executive Officer Texas Polygraph Examiners Board Effective date: August 18, 1997 Proposal publication date: February 18, 1997 For further information, please call: (512) 424-2058 CHAPTER 393.General 22 TAC sec.393.7 The Polygraph Examiners Board adopts an amendment to sec. 393.7 Polygraph Examination without changes to the proposed text as published in the February 18, 1997 issue of the Texas Register (22 Tex Reg 1785). The board has determined that the rule on the polygraph examination needs further clarification as to what constitutes an examination. No comments were received regarding adoption of the amendment. This amendment is adopted under the Polygraph Examiners Act, Article 4413 (29cc), sec.6, which provides the board with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Polygraph Examiners Act, Article 4413 (29cc). The amendment implements the Polygraph Examiners Act, Article 4413 (29cc). 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 July 24, 1997. TRD-9709751 Frank Ditucci Executive Officer Texas Polygraph Examiners Board Effective date: August 18, 1997 Proposal publication date: February 18, 1997 For further information, please call: (512) 424-2058 CHAPTER 395.Code of Operating Procedure for Polygraph Examiners 22 TAC sec.395.10 The Polygraph Examiners Board adopts amendments to sec. 395.10 concerning examination results without changes to the proposed text as published in the February 18, 1997 issue of the Texas Register (22 Tex Reg 1785). The board has determined that the rule on opportunity to explain any questionable responses is outdated. The rule is being amended to included informing the examinee of the results of the test. No comments were received regarding adoption of the amendment. This amendment is adopted under the Polygraph Examiners Act, Article 4413 (29cc), sec.6, which provides the board with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Polygraph Examiners Act, Article 4413 (29cc). The amendment implements the Polygraph Examiners Act, Article 4413 (29cc). 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 July 24, 1997. TRD-9709753 Frank Ditucci Executive Officer Texas Polygraph Examiners Board Effective date: August 18, 1997 Proposal publication date: February 18, 1997 For further information, please call: (512) 424-2058 TITLE 40. SOCIAL SERVICES AND ASSISTANCE PART XIX. Texas Department of Protective and Regulatory Services CHAPTER 700. Child Protective Services SUBCHAPTER P. Preparation for Adult Living 40 TAC sec.sec.700.1601-700.1603 The Texas Department of Protective and Regulatory Services (TDPRS) adopts amendments to sec.sec.700.1601-700.1603, in its Child Protective Services chapter. The amendment to sec.700.1602 is adopted with changes to the proposed text as published in the May 27, 1997, issue of the Texas Register (22 TexReg 4567). The amendments to sec.sec.700.1601 and 700.1603 are adopted without changes to the proposed text and will not be republished. The justification for the amendments is to clarify which youth in foster care are required to receive Preparation for Adult Living (PAL) services; to modify the timing for conducting pre and post life skills assessments; to broaden the qualifications for youth to receive financial independent living assistance; to add a category of payment for the transitional living allowance to better meet the needs of all youth; and to eliminate the requirement to test each PAL participant in each core training skill area before and after training. The amendments will function by providing updated best practice standards and PAL services that better meet the individual needs of all youth. No comments were received regarding adoption of the amendments. The department, however, has added the phrase "other than Job Corps or a branch of the United States armed forces" to sec.700.1602(e)(2) for clarification. The amendments are adopted under the Texas Family Code, Title 5, Chapters 261 and 264, which authorizes the department to provide services to alleviate the effects of child abuse and neglect. The amendments are also adopted under the Human Resources Code (HRC), Chapter 40, which describes the services authorized to be provided by the Texas Department of Protective and Regulatory Services; and authorizes the department to enter into agreements with federal, state, or other public or private agencies or individuals to accomplish the purposes of the programs authorized by the HRC; and grants authority to contract to that Department. The amendments implement the HRC, Title 2, Subtitle D, Chapter 40, and the Texas Family Code, Chapter 261. sec.700.1602. Transitional Living Allowance. (a) (No change.) (b) To qualify for a PAL allowance, a youth must: (1) (No change.) (2) have been in TDPRS or Medicaid-paid substitute care within the previous 12 months; (3) have made a planned move into an independent-living arrangement, or a supervised or semi-supervised living arrangement; (4) have attended training in five of the six core areas specified in sec.700.1601(b) of this title (relating to Required Services), including the money-management core area, with few absences and active participation; (5) be employed or actively seeking employment (for those youth who are able to work), in school, or receiving vocational or technical training; and (6) provide all information required by regional TDPRS staff. (c) TDPRS's Protective Services for Families and Children (PSFC) department pays the PAL allowance as a component of the participant's money-management training. PSFC staff or the contractor must deliver the allowance to the participant in person unless the participant lives outside Texas or has a designated payee. (d) (No change.) (e) The monthly payment of the PAL allowance cannot exceed $350. The total amount paid cannot exceed the following maximums: (1) (No change.) (2) $800 total for a participant who is attending a college, school, or vocational or technical training institute (other than Job Corps or a branch of the United States armed forces); (3) $800 total for a participant who is moving into a living situation that requires the youth to pay rent. The amount of the participant's rent must be evidenced by a written agreement between the participant and the landlord; or (4) $300 total for the purchase of independent living needs, such as adaptive equipment or living devices, for a participant who may be remaining in a supervised or semi-supervised living arrangement in which room and board expenses are funded from another source. Note: Any youth fitting more than one of the categories specified in paragraphs (1)-(4) of this subsection is eligible for the maximum payment in the highest category for which the youth is eligible. (f) Whether the allowance is drawn from Title IV-B or Title IV-E funds, PSFC must pay out the entire allowance by the last day of the PAL participant's 20th year. (g) PSFC must suspend the PAL allowance if the participant: (1) returns to live with his or her biological, adoptive, or stepparents or the alleged perpetrator; (2) (No change.) (3) is not employed or actively seeking employment (for those youth who are able to work), in school, or receiving vocational or technical training; or (4) (No change.) 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 July 25, 1997. TRD-9709733 C. Ed Davis Deputy Director, Legal Services Texas Department of Protective and Regulatory Services Effective date: September 1, 1997 Proposal publication date: May 27, 1997 For further information, please call: (512) 438-3765 CHAPTER 720. Twenty-four Hour Care Licensing SUBCHAPTER A. Standards for Child-Placing Agencies 40 TAC sec.720.52 The Texas Department of Protective and Regulatory Services (TDPRS) adopts an amendment to sec.720.52, without changes to the proposed text as published in the June 13, 1997, issue of the Texas Register (22 TexReg 5744). The text will not be republished. The justification for the amendment is to include a standard requiring that the agency exercise "due diligence' in locating absent parents. This term is recognized by the courts as described in the Family Code, Chapter 102.003(8) and Civil Procedures, Rule 109. The amendment will provide that if contact with both birth parents cannot be made, the agency will document the due diligence efforts made to locate the absent parent. The amendment will function by ensuring that birth parents will be fully informed of their legal rights and all possible efforts will be taken to contact any absent parent. During the public comment period TDPRS received no comments. The amendment is adopted under the Human Resource Code (HRC), Chapters 40 and 42, which describe the department's regulatory and rulemaking authority. The amendment 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 July 25, 1997. TRD-9709734 C. Ed Davis Deputy Director, Legal Services Texas Department of Protective and Regulatory Services Effective date: August 14, 1997 Proposal publication date: June 13, 1997 For further information, please call: (512) 438-3765