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 1. ADMINISTRATION PART V. General Services Commission CHAPTER 125. Travel and Transportation Division Travel Management Services 1 TAC sec.sec.125.1, 125.3, 125.29 The General Services Commission adopts amendments to sec.sec.125.1, 125.3, and new sec.125.29, concerning the State Travel Management Program (STMP), without changes to the proposed text as published in the July 15, 1997, issue of the Texas Register (22 TexReg 6509). The proposed amendments of sec.125.1 and sec.125.3, and new sec.125.29 will implement House Bill 255, 75th Leg. R.S. (to be effective September 1, 1997). House Bill 255 relates to permitting certain law enforcement authorities and probation officers to receive reduced airline fares while engaged in certain official duties. The amendments to sec.125.1 and sec.125.3, and new sec.125.29 will carry out provisions of HB 255 that will allow a county sheriff or deputy sheriff or juvenile probation officer who is transporting a state prisoner under a felony warrant to participate in the commission's contract for travel services for purposes of obtaining reduced airline fares for the law enforcement or probation officer and the prisoner. County participation in the State Travel Management Program is optional. No comments have been received regarding adoption of amendments to sec.125.1 and sec.125.3, and new sec.125.29.5. The amendments and new section are adopted under the Texas Government Code, Title 10, Subtitle D, Chapter 2171, which provides the General Services Commission with authority to promulgate rules consistent with the 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 August 15, 1997. TRD-9710795 Judy Ponder General Counsel General Services Commission Effective date: September 4, 1997 Proposal publication date: July 15, 1997 For further information, please call: (512) 463-3960 PART VII. State Office of Administrative Hearings CHAPTER 155. Rules of Procedure 1 TAC sec.sec.155.7, 155.9, 155.15 The State Office of Administrative Hearings adopts amendments to sec.sec.155.7, 155.9, and 155.15, concerning the rules of practice and procedure before the office, without changes to the proposed text as published in the July 8, 1997, issue of the Texas Register (22 TexReg 6379). The amended rules are necessary to amend sec.155.7 (concerning Jurisdiction) and sec.155.9 (concerning Request for Setting of Hearing or Assignment of Administrative Law Judge) in order to give guidance on the referral of cases to the State Office of Administrative Hearings by the use of one all-purpose form. The amended rules are also necessary to amend sec.155.15 (concerning Powers and Duties of Judges) to clarify some aspects of judges' authority, including recent legislation which confers sanctions authority in certain contested cases. One comment was received regarding the amendments, urging that the Office's rules should make clear that they apply to all parties, including administrative agencies. The comment also urges that the Office's rules address the review of the ALJ's decision. The comment did not propose changes to the language of the proposed amendments to sec.sec.155.7, 155.9, and 155.15. To the extent this comment can be read to urge incorporation of scope and review provisions into sec.sec.155.7, 155.9, and/or 155.15, the Office declines to do so because those topics are outside the ambit of the three rules affected by this rulemaking. The amendment is adopted under Government Code, Chapter 2003, which authorizes the State Office of Administrative Hearings to conduct contested case hearings, Government Code 2001, sec.2001.004, which requires agencies to adopt rules of practice setting forth the nature and requirements of formal and informal procedures. The following is the code section affected by these new and amended rules: Government Code, Chapter 2003. 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 August 18, 1997. TRD-9710887 Phillip A. Holder Deputy Chief Administrative Law Judge State Office of Administrative Hearings Effective date: September 8, 1997 Proposal publication date: July 8, 1997 For further information, please call: (512) 475-4993 TITLE 19. EDUCATION PART I. Texas Higher Education Coordinating Board CHAPTER 21. Student Services SUBCHAPTER E. Tuition Equalization Grant Programs 19 TAC sec.sec.21.121-21.129 The Texas Higher Education Coordinating Board adopts the repeal of sec.sec.21.121-21.129, concerning Tuition Equalization Grants Program, without changes to the proposed text as published in the June 6, 1997, issue of the Texas Register (22 TexReg 5321). There were no comments received concerning the proposed rules. The repeal of the rules is adopted under Texas Education Code, sec.61.221, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Tuition Equalization Grants Program. 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 August 13, 1997. TRD-9710852 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 6, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER F. State Student Incentive Grant Program 19 TAC sec.21.151, sec.21.152 The Texas Higher Education Coordinating Board adopts the repeal of sec.21.151 and sec.21.152, concerning State Student Incentive Grant Program, without changes to the proposed text as published in the June 6, 1997, issue of the Texas Register (22 TexReg 5322). There were no comments received concerning the proposed rules. The repeal of the rules is adopted under Texas Education Code, sec.56.034 and sec.61.027, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning State Student Incentive Grant Program. 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 August 13, 1997. TRD-9710853 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 6, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER G. Texas Public Grants Program 19 TAC sec.sec.21.171-21.179 The Texas Higher Education Coordinating Board adopts the repeal of sec.sec.21.171-21.179, concerning Texas Public Grants Program, without changes to the proposed text as published in the June 6, 1997, issue of the Texas Register (22 TexReg 5323). There were no comments received concerning the proposed rules. The repeal of the rules is adopted under Texas Education Code, sec.56.034 and sec.61.027, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Texas Public Grants Program. 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 August 13, 1997. TRD-9710854 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 6, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER J. Physician Education Loan Repayment Program 19 TAC sec.sec.21.251, 21.254, 21.255, 21.258 The Texas Higher Education Coordinating Board adopts amendments to sec.sec.21.251, 21.254, 21.255, and 21.258, concerning Physician Education Loan Repayment Program, without changes to the proposed text as published in the June 6, 1997, issue of the Texas Register (22 TexReg 5323) There were no comments received concerning the proposed rules. The amendments to the rules are adopted under Texas Education Code, sec.61.537, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Physician Education Loan Repayment Program. 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 August 13, 1997. TRD-9710839 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 6, 1997 For further information, please call: (512) 483-6162 19 TAC sec.sec.21.259-21.266 The Texas Higher Education Coordinating Board adopts the repeal of sec.sec.21.259-21.266, concerning Physician Education Loan Repayment Program, without changes to the proposed text as published in the June 6, 1997, issue of the Texas Register (22 TexReg 5323). There were no comments received concerning the proposed rules. The repeal is adopted under Texas Education Code, sec.61.537, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Physician Education Loan Repayment Program. 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 August 13, 1997. TRD-9710840 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 6, 1997 For further information, please call: (512) 483-6162 19 TAC sec.sec.21.259-21.265 The Texas Higher Education Coordinating Board adopts new sec.sec.21.259-21.265, concerning Physician Education Loan Repayment Program, without changes to the proposed text as published in the June 6, 1997, issue of the Texas Register (22 TexReg 5323). There were no comments received concerning the proposed rules. The new rules are adopted under Texas Education Code, sec.61.537, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Physician Education Loan Repayment Program. 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 August 13, 1997. TRD-9710841 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 6, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER N. License Plate Insignia Scholarship Program 19 TAC sec.sec.21.430-21.438 The Texas Higher Education Coordinating Board adopts the repeal of sec.sec.21.430-21.438, concerning License Plate Insignia Scholarship Program, without changes to the proposed text as published in the June 6, 1997, issue of the Texas Register (22 TexReg 5327). There were no comments received concerning the proposed rules. The repeal of the rules is adopted under the Appropriations Act, sec.23, page III-247, and Texas Education Code, sec.61.027, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning License Plate Insignia Scholarship Program. 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 August 13, 1997. TRD-9710855 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 6, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER R. Professional Nursing Student Scholarship Program 19 TAC sec.sec.21.560-21.572 The Texas Higher Education Coordinating Board adopts the repeal of sec.sec.21.560-21.572, concerning Professional Nursing Student Scholarship Programs, without changes to the proposed text as published in the June 6, 1997, issue of the Texas Register (22 TexReg 5328). There were no comments received concerning the proposed rules. The repeal of the rules is adopted under the Texas Education Code, sec.61.656, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Professional Nursing Student Scholarship Programs. 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 August 13, 1997. TRD-9710856 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 6, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER S. Vocational Nursing Student Scholarship Program 19 TAC sec.sec.21.590-21.602 The Texas Higher Education Coordinating Board adopts the repeal of sec.sec.21.590-21.602, concerning Vocational Nursing Student Scholarship Programs, without changes to the proposed text as published in the June 6, 1997, issue of the Texas Register (22 TexReg 5328). There were no comments received concerning the proposed rules. The repeal of the rules is adopted under the Texas Education Code, sec.61.656, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Vocational Nursing Student Scholarship Programs. 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 August 13, 1997. TRD-9710857 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 6, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER V. Texas Educational Opportunity Grant Program 19 TAC sec.sec.21.680-21.692 The Texas Higher Education Coordinating Board adopts the repeal of sec.sec.21.680-21.692, concerning Texas Educational Opportunity Grant Program, without changes to the proposed text as published in the June 6, 1997, issue of the Texas Register (22 TexReg 5329). There were no comments received concerning the proposed rules. The repeal of the rules is adopted under the Texas Education Code, sec.56.097, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Texas Educational Opportunity Grant Program. 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 August 13, 1997. TRD-9710858 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 6, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER W. Texas Tuition Assistance Grant Program 19 TAC sec.sec.21.710-21.723 The Texas Higher Education Coordinating Board adopts the repeal of sec.sec.21.710-21.723, concerning Texas Tuition Assistance Grant Program, without changes to the proposed text as published in the June 6, 1997, issue of the Texas Register (22 TexReg 5330). There were no comments received concerning the proposed rules. The repeal of the rules is adopted under the Texas Education Code, sec.56.107, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Texas Tuition Assistance Grant Program. 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 August 13, 1997. TRD-9710859 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 6, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER FF. State Scholarship Program for Ethnic Recruitment 19 TAC sec.sec.21.1010-21.1020 The Texas Higher Education Coordinating Board adopts the repeal of sec.sec.21.1010-21.1020, concerning State Scholarship Program for Ethnic Recruitment, without changes to the proposed text as published in the June 6, 1997, issue of the Texas Register (22 TexReg 5331). There were no comments received concerning the proposed rules. The repeal of the rules is adopted under the Texas Education Code, sec.61.027 and Appropriations Act Rider III-42, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning State Scholarship Program for Ethnic Recruitment. 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 August 13, 1997. TRD-9710860 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 6, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER GG. Fifth-Year Accounting Student Scholarship Program 19 TAC sec.sec.21.1030-21.1042 The Texas Higher Education Coordinating Board adopts the repeal of sec.sec.21.1030-21.1042, concerning Fifth-Year Accounting Student Scholarship Program, without changes to the proposed text as published in the June 6, 1997, issue of the Texas Register (22 TexReg 5332). There were no comments received concerning the proposed rules. The repeal of the rules is adopted under the Texas Education Code, sec.61.755, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Fifth-Year Accounting Student Scholarship Program. 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 August 13, 1997. TRD-9710861 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 6, 1997 For further information, please call: (512) 483-6162 CHAPTER 22.Grant and Scholarship Programs SUBCHAPTER A.General Provisions for all Grant and Scholarship Programs Described in this Chapter 19 TAC sec.sec.22.1-22.8 The Texas Higher Education Coordinating Board adopts new sec.sec.22.1-22.8, concerning General Provisions for all Grant and Scholarship Programs Described in This Chapter with changes to sec.22.5 and sec.22.6 of the proposed text as published in the June 13, 1997, issue of the Texas Register (22 TexReg 5725). New sec.sec.22.1-22.4, 22.5, 22.7, and 22.8, will be adopted without changes and will not be republished. There were no comments received concerning the proposed rules. The new rules are adopted under Texas Education Code, sec.61.027, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning General Provisions for all Grant and Scholarship Programs. sec.22.5.Eligible Student. Unless otherwise indicated, to receive an award through a program described in this chapter, a student must: (1) except in the Tuition Equalization Grant Program, which includes nonresidents who are National Merit Finalists, Fifth-Year Accounting Student Scholarship Program, which allows nonresidents to receive awards, be a Texas resident; (2) except for the Texas Tuition Assistance Grant Program, which requires full- time enrollment, be enrolled on at least a half-time basis at an eligible institution; (3) show financial need, which acts as one of the upper limits of a student's award through this program; and (4) maintain satisfactory academic progress in his or her program of study. sec.22.6. Awards and Adjustments. (a) Funding. Funds awarded through a program described in this chapter may not exceed the amount appropriated for that purpose, plus institutions' matching funds. (b) Allocations and Reallocations. Unless otherwise indicated, institutions will have until November 30 of each year to certify all funds allocated to their students. As of December 1, uncertified funds are available for reallocation to students at other institutions on a first come/first served basis. Once all uncertified funds are reallocated, allotments to students at each institution are set until March 15. After March 15, reallocations are continuous until all funds are awarded and disbursed. (c) Certification and Disbursement Procedures. Unless otherwise indicated, on receipt of certification by the program officer of the amount of the grant or scholarship for which the student is eligible, the commissioner or another designated member of the staff of the board shall request such funds from the state comptroller's office and forward the funds to the institution for disbursement to the student or for crediting to the student's account. (d) Use of Grant or Scholarship Funds. No grant or scholarship disbursed to a student may be used for any purpose other than for meeting the cost of attending the institution of higher education. (e) Refunds. In no case shall funds be refunded to a student no longer enrolled but shall be returned to the board for deposit in the state treasury account from which originally drawn. (1) All refund accounts should be cleared as soon as possible or not later than 60 days after the date of issue. (2) Except in the Tuition Equalization Grant Program and Scholarship Programs for Professional Nurses, which have their own refund schedules, institutions are to follow their general institutional refund policies in making refunds to the grant and scholarship programs described in this chapter. (3) After March 15, the board may deny an institution reuse of funds from refunds if replacement applications are not submitted with the returned funds. (f) Cancellations. In those cases in which a state warrant is not promptly received by a student or deposited into the student's account, the warrant should be voided and returned to the board. (1) No warrants should be held by the institution for more than 60 days after the date of issue. (2) When a state grant or scholarship warrant is held by the State Comptroller's Office, an institution will have 30 days from the date of notification by the board to accomplish a warrant release. If the warrant is still on hold after 30 days, it will be canceled automatically by the board. (3) After March 15, the board may deny an institution reuse of funds from warrant cancellations if replacement applications are not submitted with the returned funds. (g) Late Disbursements. For a student to receive a disbursement after the end of his/her period of enrollment, the program officer must submit a Late Disbursement Certification Form to the board which confirms that (1) the student has completed the award period with satisfactory academic progress; (2) the student has an outstanding balance at the school, or on a student loan or other education-related debt for the qualifying award period; and (3) the institution will apply the award toward that outstanding balance or debt. (h) Over Awards. At the time an award is made through a grant or scholarship program described in this chapter, no award may exceed a student's financial need. No adjustment is required, however, if subsequent awards during the student's period of enrollment cause an over award of $300 or less. 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 August 13, 1997. TRD-9710842 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 13, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER B.Provisions for the Tuition Equalization Grant Program 19 TAC sec.sec.22.21-22.28 The Texas Higher Education Coordinating Board adopts new sec.sec.22.21-22.28, concerning Provisions for the Tuition Equalization Grant Program without changes to the proposed text as published in the June 13, 1997, issue of the Texas Register (22 TexReg 5727). There were no comments received concerning the proposed rules. The new rules are adopted under Texas Education Code, sec.61.221, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Provisions for the Tuition Equalization Grant Program. 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 August 13, 1997. TRD-9710843 James McWhorter Assistant Commissiner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 13, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER C.Provisions for the State Student Incentive Grant Program 19 TAC sec.22.41, sec.22.42 The Texas Higher Education Coordinating Board adopts new sec.22.41 and sec.22.42, concerning Provisions for the State Student Incentive Grant Program with changes to the proposed text as published in the June 13, 1997, issue of the Texas Register (22 TexReg 5729). There were no comments received concerning the proposed rules. The new rules are adopted under Texas Education Code, sec.56.034 and sec.61.027, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Provisions for the State Student Incentive Grant Program. sec.22.41.Adoption of Tuition Equalization Grant Program Rules. The rules and regulations for the Tuition Equalization Grant Program, as contained in sec.sec.22.21-22.28 of this title (relating to Provisions for the Tuition Equalization Grant Program), are hereby adopted for use in the administration of any federal funds received by the board through the State Student Incentive Grant Program for Students at Independent Institutions for the purpose of making grants to students at independent institutions, other than as excepted in sec.22.42 of this title (relating to Provisions for the State Student Incentive Grant Program for Students at Independent Institutions). Federal requirements governing the State Student Incentive Grant Program for Students at Independent Institutions are contained in 45 C.F.R. Part 192. sec.22.42.Exceptions to Tuition Equalization Grant Rules. (a) The conditions outlined in this rule are intended to cause compatibility between the Tuition Equalization Grant Program rules and regulations and the federal regulations for the State Student Incentive Grant Program for Students at Independent Institutions. Conditions which apply in the State Student Incentive Grant Program for Students at Independent Institutions which differ from and override similar conditions in the Tuition Equalization Grant Program are as follows. (1) Students qualifying for a state student incentive grant must be a national of the United States or be in the United States for other than a temporary purpose and intend to become a permanent resident. (2) Students qualifying for a state student incentive grant must be the recipient of a grant through the Tuition Equalization Grant Program in an amount equal to or greater than the grant received through the State Student Incentive Grant Program for Students at Independent Institutions. (b) Grants through the State Student Incentive Grant Program for Students at Independent Institutions are not restricted so as to apply to tuition costs only. (c) Because the use of grants through the State Student Incentive Grant Program for Students at Independent Institutions is not restricted to payment for services that the grant recipient will necessarily purchase from the approved institution, the refund policy of the Tuition Equalization Grant Program cannot always apply in the State Student Incentive Grant Program for Students at Independent Institutions. However, if the institutional refund policy of the approved institution causes money to be available for refund to a withdrawing grant recipient, then such funds shall be refunded to the State Student Incentive Grant Program for Students at Independent Institutions up to the limits of and otherwise consistent with the Tuition Equalization Grant Program refund policy. Further, the approved institution shall encourage the withdrawing grant recipient to make refund to the State Student Incentive Grant Program for Students at Independent Institutions consistent with the intent of the Tuition Equalization Grant Program refund policy. 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 August 13, 1997. TRD-9710844 James McWhorter Assistant Commissiner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 13, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER D.Provisions for the Texas Public Grant Programs 19 TAC sec.sec.22.61-22.66 The Texas Higher Education Coordinating Board adopts new sec.sec.22.61-22.66, concerning Provisions for the Texas Public Grant Programs with changes to sec.22.63 of the proposed text as published in the June 13, 1997, issue of the Texas Register (22 TexReg 5730). New sec.sec.22.61, 22.62, 22.64-22.66, is being adopted without changes and will not be republished. There were no comments received concerning the proposed rules. The new rules are adopted under Texas Education Code, sec.56.034 and sec.61.027, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Provisions for the Texas Public Grant Programs. sec.22.63. Program Titles and Distinctions. (a) The Public State Student Incentive Grant Program is funded from federal revenues out of the State Student Incentive Grant Program and from direct state appropriations. (b) The Refund Texas Public Educational Grant Program (Refund TPEG) is funded from excess campus Texas Public Educational Grant Program funds and from institutional funds placed on deposit with the board. Texas Education Code, sec.56.036, states that at the end of a fiscal year, if the total amount of unencumbered on-campus Texas Public Educational Grant funds that has been set aside by an institution, together with the total amount of unencumbered funds transferred by that institution to the board exceeds 150% of the amount of funds set aside by that institution in that fiscal year, the institution shall transfer the excess amount to the board. This is the source of the campus funds mentioned above. (c) The Tax Reimbursement Grants Program is funded equally from sales tax reimbursements donated to the state for such purposes under Texas Tax Code, sec.151.423 and institutional funds placed on deposit with the board. 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 August 13, 1997. TRD-9710845 James McWhorter Assistant Commissiner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 13, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER F.Provisions for the Scholarship Programs for Vocational Nursing Students 19 TAC sec.sec.22.101-22.107 The Texas Higher Education Coordinating Board adopts new sec.sec.22.101-22.107, concerning Provisions for the Scholarship Programs for Vocational Nursing Students without changes to the proposed text as published in the June 13, 1997 issue of the Texas Register (22 TexReg 5732). There were no comments received concerning the proposed rules. The new rules are adopted under Texas Education Code, sec.61.656, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning General Provisions for the Scholarship Programs for Vocational Nursing Students. 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 August 13, 1997. TRD-9710846 James McWhorter Assistant Commissiner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 13, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER G.Provisions for the Scholarship Programs for Professional Nursing Students 19 TAC sec.sec.22.121-22.128 The Texas Higher Education Coordinating Board adopts new sec.sec.22.121-22.128, concerning Provisions for the Scholarship Programs for Professional Nursing Students without changes to the proposed text as published in the June 13, 1997 issue of the Texas Register (22 TexReg 5733). There were no comments received concerning the proposed rules. The new rules are adopted under Texas Education Code, sec.61.656, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Provisions for Scholarship Programs for Professional Nursing Students. 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 August 13, 1997. TRD-9710847 James McWhorter Assistant Commissiner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 13, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER H.Provisions for the License Plate Insignia Scholarship Program 19 TAC sec.sec.22.141-22.148 The Texas Higher Education Coordinating Board adopts new sec.sec.22.141-22.148, concerning Provisions for the License Plate Insignia Scholarship Program without changes to the proposed text as published in the June 13, 1997, issue of the Texas Register (22 TexReg 5735). There were no comments received concerning the proposed rules. The new rules are adopted under the Appropriations Act, sec.23, page III-247, and Texas Education Code, sec.61.027, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Provisions for the License Plate Insignia Scholarship Program. 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 August 13, 1997. TRD-9710848 James McWhorter Assistant Commissiner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 13, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER I.Provisions for the Fifth-Year Accounting Student Scholarship Program 19 TAC sec.sec.22.161-22.169 The Texas Higher Education Coordinating Board adopts new sec.sec.22.161-22.169, concerning Provisions for the Fifth-Year Accounting Student Scholarship Program without changes to the proposed text as published in the June 13, 1997 issue of the Texas Register (22 TexReg 5737). There were no comments received concerning the proposed rules. The new rules are adopted under Texas Education Code, sec.61.755, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Provisions for the Fifth-Year Accounting Student Scholarship Program. 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 August 13, 1997. TRD-9710849 James McWhorter Assistant Commissiner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 13, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER J.Provisions for the Texas Tuition Assistance Grant Program 19 TAC sec.sec.22.181-22.186 The Texas Higher Education Coordinating Board adopts new sec.sec.22.181-22.186, concerning Provisions for the Texas Tuition Assistance Grant Program with changes to sec.22.181 of the proposed text as published in the June 13, 1997 issue of the Texas Register (22 TexReg 5738). New sec.sec.22.182-22.186 will be adopted without changes and will not be republished. There were no comments received concerning the proposed rules. The new rules are adopted under Texas Education Code, sec.56.107, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Provisions for the Texas Tuition Assistance Grant Program. sec.22.181.Purpose. The purpose of the Texas Tuition Assistance Grant Program is to provide need- based grants to eligible persons to enable them to attend an institution of higher education. 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 August 13, 1997. TRD-9710850 James McWhorter Assistant Commissiner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 13, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER K.Provisions for the Texas Educational Opportunity Grant Program 19 TAC sec.sec.22.201-22.205 The Texas Higher Education Coordinating Board adopts new sec.sec.22.201-22.205, concerning Provisions for the Texas Educational Opportunity Grant Program with changes to sec.22.201 of the proposed text as published in the June 13, 1997, edition of the Texas Register (22 TexReg 5739). New sec.sec.22.202-22.205 will be adopted without changes and will not be republished. There were no comments received concerning the proposed rules. The new rules are adopted under Texas Education Code, sec.56.097, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Provisions for the Texas Educational Opportunity Grant Program. sec.22.201.Purpose. The purpose of the Texas Educational Opportunity Grant Program is to provide need-based grants to eligible students to enable them to attend eligible institutions in Texas. 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 August 13, 1997. TRD-9710851 James McWhorter Assistant Commissiner for Administration Texas Higher Education Coordinating Board Effective date: September 8, 1997 Proposal publication date: June 13, 1997 For further information, please call: (512) 483-6162 PART XII. Board of Vocational Nurse Examiners CHAPTER 239. Contested Case Procedure Enforcement 22 TAC sec.239.19 The Board of Vocational Nurse Examiners adopts an amendment to sec.239.19, relative to fines, without changes to the proposed text as published in the July 15, 1997, issue of the Texas Register (22 TexReg 6549). This rule is amended to implement a fine for individuals failing to comply with an Agreed/Board Order. The Vocational Nurse Act authorizes the Board to impose administrative penalties against persons licensed or regulated under the Act who violates the Act or a rule or order adopted under the Act. No comments were received relative to the adoption of this rule. The amendment is adopted under Texas Civil Statutes, Article 4528c, sec.5(f), which provides the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary 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 August 15, 1997. TRD-9710805 Marjorie A. Bronk Executive Director Board of Vocational Nurse Examiners Effective date: September 4, 1997 Proposal publication date: July 15, 1997 For further information, please call: (512) 305-8100 22 TAC sec.239.20 The Board of Vocational Nurse Examiners adopts new sec.239.20, concerning to Schedule of Fees, without changes to the proposed as text published in the July 14, 1997, issue of the Texas Register (22 TexReg 6550). The rule is adopted to comply with recommendations of the State Auditor's Office. No comments were received relative to the adoption of this rule. The new rule is adopted under Texas Civil Statutes, Article 4528c, sec.5(f), which provides the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary 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 August 15, 1997. TRD-9710806 Marjorie A. Bronk Executive Director Board of Vocational Nurse Examiners Effective date: September 4, 1997 Proposal publication date: July 15, 1997 For further information, please call: (512) 305-8100 PART XXI. Texas State Board of Examiners of Psychologists CHAPTER 465.Rule of Practice 22 TAC sec.465.2 The Texas State Board of Examiners of Psychologists adopts a new sec.465.2, concerning Supervision of Psychological Services, without changes to the proposed text as published in the May 23, 1997, issue of the Texas Register (22 TexReg 4409). The rule is being adopted to distinguish that professional supervision of the delivery of psychological services constitutes the practice of psychology, while administrative supervision does not, and to recodify and relocate the rule concerning supervision. The new rule will render the rules more accessible and easily understood by the profession and the public. The following comments were received regarding sec.465.2. Comments were received from the Psychological Associate Advisory Committee to the Texas State Board of Examiners of Psychologists, Frances E. Dawson, M.A., and the Texas Association of Psychological Associates. Comment: All three commentators were concerned that the Board did not have the legal authority to promulgate the rule as it appeared to affect licensed psychological associates, which the commentators contended required the rule to be initiated by the Psychological Associate Advisory Committee to the Board. Response: The Board's response is that the rule does not impact the practice of psychological associates at all. The rule affects the authority of licensed psychologists to employ or utilize unlicensed, non-exempt individuals to provide psychological services as "extenders" of the licensed psychologists. It simply restates the existing Board requirements that certified psychologists and licensed psychological associates must practice under the supervision of a licensed psychologist. In addition, Attorney General Opinion Number 96-050 clearly confirms the authority of the Board to promulgate any rule that affects the practice of psychology generally notwithstanding the Psychological Associate Advisory Committee's ability to recommend rules that fall under the seven enumerated areas in sec.19A of the Act. Comment: Another comment was that the phrase "employs or utilizes" is confusing. Response: The Board's response is that in the context of the rule, the phrase clearly means that a licensed psychologist may not use an unlicensed, non-exempt extender to practice psychology regardless of whether the extender is a salaried employee, a contract employee or a volunteer. Comment: One comment expressed that the Board was attempting to "rewrite the definition of psychological services currently defined in the Psychology Act." Response: By promulgating this rule, the Board is not "rewriting" the statutory definition of psychological services but is, in fact, restating and more clearly defining the limits on the unlicensed practice of psychology in Texas, which, pursuant to sec.8(a) of the Act, is a statutory mandate to the Board. The new rule 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 August 13, 1997. TRD-9710767 Sherry L. Lee Executive Director Texas State Board of Examiners of Psychologists Effective date: September 4, 1997 Proposal publication date: May 23, 1997 For further information, please call: (512) 305-7700 22 TAC sec.465.3 The Texas State Board of Examiners of Psychologists adopts a new sec.465.3, concerning Providers of Psychological Services, without changes to the proposed text as published in the May 23, 1997, issue of the Texas Register (22 TexReg 4409). The rule is being adopted to clarify the functions that licensees of the Board, individuals exempt from the jurisdiction of the Board, and unlicensed, unexempt individuals may perform when employed by licensees of this Board. The new rule will render the rules more accessible and easily understood by the profession and the public. The following comments were received regarding sec.465.3. Comments were received from Floyd L. Jennings, J.D., Ph.D., Anne Cameron, Ph.D., and Frances E. Dawson, M.A. Comment: The Board received one comment that the rule was redundant in that sec.2 of the Act already defined who may practice psychology and defined the practice of psychology. Response: The Board's response is that the Act contains several sections which must be read together to determine who may practice psychology in the State of Texas. By promulgating this rule, the Board is restating and more clearly defining the limits on the unlicensed practice of psychology in Texas, which, pursuant to sec.8(a) of the Act, is a statutory mandate to the Board. Comment: The Board received a comment expressing concern that the rule was contrary to Attorney General Letter No. 96-147 in that it appeared to forbid the practice of psychology by a supervised unlicensed individual for the purpose of obtaining post-doctoral supervision required by sec.21(a)(2) of the Act. Response: The rule was designed to tract Attorney General Letter Opinion 96-147 and took into account all of the exemptions set forth in the Act. The rule specifically, by its terms, allows individuals obtaining post-doctoral experience for the purpose of licensure to practice psychology under the supervision of a licensed psychologist. Comment: A comment was received suggesting the rule be amended to permit graduate students to engage in the delivery of psychological services that was not specifically related to a supervised course of study in a recognized training institution or facility. Response: Section 22(b) of the Act specifically requires that any student who practices psychology under supervision is exempt only "if these activities and services constitute a part of his supervised course of study." The new rule 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 August 13, 1997. TRD-9710768 Sherry L. Lee Executive Director Texas State Boarad of Examiners of Psychologists Effective date: September 4, 1997 Proposal publication date: May 23, 1997 For further information, please call: (512) 305-7700 22 TAC sec.465.4 The Texas State Board of Examiners of Psychologists adopts a new sec.465.4, concerning Employment of Individuals Not Licensed by This Board, without changes to the proposed text as published in the May 23, 1997, issue of the Texas Register (22 TexReg 4410). The rule is being adopted to clarify the functions that licensees of the Board, individuals exempt from the jurisdiction of the Board, and unlicensed, unexempt individuals may perform when employed by licensees of this Board. The new rule will render the rules more accessible and easily understood by the profession and the public. The following comments were received regarding sec.465.3. Comments were received from Frances E. Dawson, M.A. Comment: The Board received one comment that the rule was redundant in that sec.2 of the Act already defined who may practice psychology and defined the practice of psychology. Response: The Board's response is that the Act contains several sections which must be read together to determine who may practice psychology in the State of Texas. By promulgating this rule, the Board is restating and more clearly defining the limits on the unlicensed practice of psychology in Texas, which, pursuant to sec.8(a) of the Act, is a statutory mandate to the Board. The new rule 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 August 13, 1997. TRD-9710769 Sherry L. Lee Executive Director Texas State Board of Examiners of Psychologists Effective date: September 4, 1997 Proposal publication date: May 23, 1997 For further information, please call: (512) 305-7700 22 TAC sec.465.7 The Texas State Board of Examiners of Psychologists adopts an amendment to Board Rule sec.465.7, concerning Status of Psychological Associates/Certified Psychologists, without changes to the proposed text published in the May 23, 1997, issue of the Texas Register (22 TexReg 4410). The rule is being amended to return the rule to its original wording. The amended rule will render the rules more accessible and easily understood by the profession and the public. 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 Examines 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 August 13, 1997. TRD-9710770 Sherry L. Lee Executive Director Texas State Board of Examiners of Psychologists Effective date: September 4, 1997 Proposal publication date: May 23, 1997 For further information, please call: (512) 305-7700 22 TAC sec.465.18 The Texas State Board of Examiners of Psychologists adopts the repeal of sec.465.18 concerning Supervision, without changes to the proposed text published in the May 23, 1997, issue of the Texas Register (22 TexReg 4411). This rule is being repealed because it has been amended and moved to another section of the rules to ensure uniform awareness and compliance with the Board supervision requirements for the provision of psychological services under the Act. The repeal of this rule will render the rules more accessible and easily understood by the profession and the public. No comments were received regarding repeal of the rule. The repeal is adopted under Texas Revised 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 August 13, 1997. TRD-9710771 Sherry L. Lee Executive Director Texas State Board of Examiners of Psychologists Effective date: September 4, 1997 Proposal publication date: May 23, 1997 For further information, please call: (512) 305-7700