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 III. Office of the Attorney General
CHAPTER 55.Child Support Enforcement
SUBCHAPTER H.License Suspension
1 TAC sec.55.203
The Office of the Attorney General adopts amended Figure 1: 1 TAC sec.55.203(a) 
and Figure 6: 1 TAC sec.55.203(f)(1), the promulgated forms for the Notice of 
Filing of Petition to Suspend License; and amended sec.55.203(c) and (d), the 
Request for Hearing and Request for Telephone Hearing forms, deleting 
sec.55.203(d), Figure 3: 1 TAC sec.55.203(c) and Figure 4: 1 TAC sec.55.203(d), 
and adding new Figure 3: 1 TAC sec.55.203(c) to simplify and consolidate the 
forms into one form, and, as a result of deleting the Request for Telephone 
Hearing, renumbering figures 5, 6, 7, and 8, with changes to the proposed text 
as published in the July 29, 1997, issue of the Texas Register (22 TexReg 7000). 
The amended forms are being adopted to comply with the legislative amendments to 
the Family Code sec.232.006, and to consolidate and simplify the form for 
requesting a hearing. The following changes were made in the Request for Hearing 
form: the initial admonishment paragraph includes the 20 day deadline for filing 
the request, the notice in Spanish has been moved from the last page to the 
first page, and an identification of licenses held has been added as paragraph 
4. A typographical spelling error was corrected in the notices of filing. 
The amended forms amend the admonishment language to comply with the statutory 
mandate, and consolidate, clarify and simplify the form for requesting a hearing 
in an administrative license suspension action. These forms affect the Family 
Code, Chapter 232. 
The Forms Committee for the Child Support Division submitted comments as 
follows:
The initial admonishment paragraph in the Request for Hearing should include the 
20 day deadline for filing the request with the Coordinator. The notice in 
Spanish in the Request for Hearing should be moved to the first page so that it 
may be more readily seen and read. The Request for Hearing should include a 
statement by the Obligor of license(s) held. The Notice of Filing has a 
typographical spelling error in the admonishment language. 
The Office of the Attorney General has made changes to the forms as suggested by 
the comments. 
The amended forms are adopted under the Family Code, Chapter 232, Suspension of 
License for Failure to Pay Child Support, sec.232.016, which provides the Office 
of the Attorney General with the authority to prescribe forms and procedures for 
the implementation of Chapter 232.

sec.55.203.Forms.
(a) Notice of Filing of Petition to Suspend License. The notice shall take the 
form as follows: 
Figure 1: 1 TAC sec.55.203(a) 
(b) (No change.) 
(c) Request for Hearing. The request shall take the form as follows: 
Figure 3: 1 TAC sec.55.203(c) 
(d) Notification to Licensing Authority of Order Suspending License. The 
notification shall take the form as follows: 
Figure 4: 1 TAC sec.55.203(d)
(e) Notification of Licensing Authority of Order Vacating or Staying Order 
Suspending License. The notification shall take the form as follows: 
Figure 5: 1 TAC sec.55.203(e) 
(f) The Office of the Attorney General promulgates the following two forms as 
suggested model forms for use by the courts. 
(1) Notice of Filing of Petition to Suspend License. The suggested model notice 
form takes the form as follows: 
Figure 6: 1 TAC sec.55.203(f)(1) 
(2) Petition to Suspend License. The suggested model petition form takes the 
form as follows:
Figure 7: 1 TAC sec.55.203(f)(2) 
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 29, 1997.
TRD-9711451
Suzanne Marshall
Special Assistant Attorney General
Office of the Attorney General
Effective date: September 18, 1997
Proposal publication date: July 29, 1997
For further information, please call: (512) 463-2085

TITLE 4. AGRICULTURE
PART I. Texas Department of Agriculture
CHAPTER 1.General Procedures
SUBCHAPTER J.Agricultural Lien Disputes
4 TAC sec.sec.1.601-1.608
The Texas Department of Agriculture (the department) adopts new sec.sec.1.601-
1.608, concerning settlement procedures for agricultural lien disputes, without 
changes to the proposal published in the July 22, 1997, issue of the Texas 
Register (22 TexReg 6809). The sections are adopted without changes and will not 
be republished. The new sections are adopted pursuant to Chapters 128 and 188 of 
the Texas Agriculture Code, as amended by House Bill 963, 75th Legislative 
Session, 1997, to allow for a uniform procedure to settle disputes between lien 
claimants and debtors for agricultural chemicals and related labor sold or 
provided to a lien debtor, or for animal feed and related labor provided to a 
lien debtor. The new sections provide a statement of purpose and applicability 
for the sections, procedures for submitting a dispute for settlement and 
providing notice to parties, attendance requirements, process for evaluating the 
dispute, a statement of effect of results, provide for confidentiality of record 
of the settlement proceeding and provide for fees to recover the costs of the 
settlement proceeding.
No comments were received regarding the proposal. 
The new sections are adopted under the Texas Agriculture Code sec.128.012 and 
sec.188.012 which provides Texas Department of Agriculture with the authority to 
establish by rule, a procedure to settle disputes between lien claimants and 
debtors of agricultural chemicals, and labor sold or provided to a lien debtor 
(Chapter 128), or for animal feed and labor provided to a lien debtor (Chapter 
188), and provide that each party to a dispute submitted to the department is 
equally liable for the reasonable costs incurred by the department in carrying 
out sec.128.012 and sec.188.012.
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 September 2, 1997.
TRD-9711534
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 22, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 463-7583

CHAPTER 19.Quarantines
SUBCHAPTER A.General Quarantine Provisions
4 TAC sec.19.3
The Texas Department of Agriculture (the department) adopts an amendment to 
sec.19.3, concerning the general quarantine provisions with changes to the 
proposed text as published in the July 15, 1997, issue of the Texas Register (22 
TexReg 6512). The amendment to sec.19.3 is adopted to allow the department to 
recover costs incurred for inspection of field grown vegetable plants designated 
for certification. Currently, the department does not collect an inspection fee 
for the first five acres of field grown vegetable plants inspected. Statutory 
authority to collect this fee was enacted during the 75th Legislative session to 
be effective September 1, 1997. 
No comments were received regarding the adoption of the amendment; however, the 
department has made changes to the proposed amendment to clarify terminology and 
to revise the inspection fee. Terminology was added to clarify that the 
amendment applies also to vegetable plants grown in greenhouses. Many producers 
have shifted vegetable plant production from fields into greenhouses over recent 
years. The inspection fee was changed to better meet cost recovery of 
inspections. The department will charge $5.00 per acre for the first five acres 
inspected instead of $5.00 per acre for the first ten acres inspected. These 
changes have been incorporated into the adopted amendment.
The amendment is adopted under the Texas Agriculture Code, sec.71.114, as 
amended by House Bill 372, 75th Legislative Session, 1997, which provides the 
Texas Department of Agriculture with the authority to charge an inspection fee 
for each acre of vegetable plants inspected.  

sec.19.3.Inspection Fees.
(a) (No change.) 
(b) The department shall collect the following inspection fee for each acre of 
greenhouse grown or field grown vegetable plants for the issuance of a vegetable 
certificate: 
(1) for the first five acres inspected in a field, $5.00 for each acre; and 
(2) (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 September 2, 1997.
TRD-9711535
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 22, 1997
Proposal publication date: July 15, 1997
For further information, please call: (512) 463-7583

CHAPTER 24.Texas Agricultural Finance Authority: Farm and Ranch Finance Program
4 TAC sec.sec.24.2, 24.3, 24.6, 24.8, 24.8-24.13
The Board of Directors of the Texas Agricultural Finance Authority (the 
Authority) of the Texas Department of Agriculture (the department) adopts 
amendments to sec.sec.24.2, 24.3, 24.6, and 24.8-24.13, concerning the Farm and 
Ranch Finance Program, without changes to the proposed text as published in the 
July 15, 1997, issue of the Texas Register (22 TexReg 6513). The amendments are 
adopted to make the sections consistent with changes made to the Texas 
Agriculture Code, Chapter 59, by the enactment of House Bill 2499, 75 th 
Legislature, 1997. The amended sections are adopted without changes and will not 
be republished. The amendment to sec.24.2 clarifies the purpose of the program 
with the enabling legislation. The amendment to sec.24.3 deletes the definition 
for "primary occupation" as the definition is not needed to determine the 
primary purpose of the land being purchased. The amendment to sec.24.6 clarifies 
the change in the office of the treasury to the office of the comptroller. The 
amendment to sec.24.8 identifies the requirement of the primary purpose of the 
land being purchased. The amendment to sec.24.9 clarifies the rules for staff 
review, board review and notification of approval. The amendment to sec.24.10 
clarifies of the type of financial statement required by the program and 
clarifies the primary purpose of the farm or ranch being purchased. The 
amendment to sec.24.11 deletes the word "and" to clarify the statement. The 
amendment to sec.24.12 changes the maximum loan amount to be consistent with the 
enabling legislation. The amendment sec.24.13 inserts "and" for clarity. 
No comments were received on the proposal. 
The amendments are adopted under the Texas Agriculture Code (the Code), 
sec.59.022, which provides that the Authority may adopt rules governing various 
aspects of the program; the Code, sec.59.023, which states that the Authority 
has the power to adopt rules and procedures as necessary to carry on Chapter 59; 
and Texas Government Code, sec.2001.004 which requires that state agencies adopt 
rules of practice stating the nature and requirements of all available formal 
and informal procedures. 
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 27, 1997.
TRD-9711358
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 16, 1997
Proposal publication date: July 15, 1997
For further information, please call: (512) 463-7583

CHAPTER 26.Texas Agricultural Finance Authority: Linked Deposit Program
4 TAC sec.sec.26.1, 26.3, 26.4, 26.6-26.10
The Texas Agricultural Finance Authority (the Authority), of the Texas 
Department of Agriculture (the department), adopts amendments to sec.sec.26.1, 
26.3, 26.4, and 26.6-26.10, concerning the Linked Deposit Program, without 
changes to the proposed text as published in the July 15, 1997, issue of the 
Texas Register (22 TexReg 6515). The amendments are adopted to make the sections 
consistent with changes made to the Texas Agriculture Code, Chapter 44, by the 
enactment of Senate Bill 1, 75th Legislature, 1997. The amendments are adopted 
without changes and will not be republished. 
The amendments to sec.26.1 create a definition for "administrator" and amend the 
eligible borrower, delete the definition of "treasury" and create a definition 
for the "comptroller" to correctly identify the agency responsible in 
administering the program, with the reference to "treasury" being replaced by 
"comptroller" throughout all sections of the rules. The amendments also up-date 
the customarily grown crops to those identified in the Texas Agricultural Cash 
Receipts by Commodity as published in 1995 by Texas Agricultural Statistics 
Service. The amendment to sec.26.3 makes language in that section consistent 
with legislative changes. The amendment to sec.26.4 replaces "treasury" with 
"comptroller". The amendment to sec.26.6 replaces "treasury" with "comptroller", 
and inserts "administrator" as authorized by Senate Bill 1. The amendments to 
sec.26.7 and sec.26.8 replace "treasury" with "comptroller". The amendment to 
sec.26.9 identifies how loan proceeds may be used. The amendment to sec.26.10 
identifies the program limitations, up- dates the listing of customarily grown 
crops and alternative crops pursuant to the report published in 1995 by Texas 
Agricultural Statistics, and establishes a listing of those types of projects 
eligible to participate in the program.
No comments were received on the proposal. 
The amendments are adopted under the Texas Agriculture Code, sec.44.007, which 
provides that the Board of Directors of the Authority shall promulgate rules for 
the administration of the linked deposit 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 27, 1997.
TRD-9711359
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 16, 1997
Proposal publication date: July 15, 1997
For further information, please call: (512) 463-7583

CHAPTER 30.Texas Agricultural Finance Authority: Young Farmer Loan Guarantee 
Program
4 TAC sec.sec.30.3, 30.5-30.10, 30.12, 30.14
The Board of Directors of the Texas Agricultural Finance authority (the 
Authority) of the Texas Department of Agriculture (the department) adopts 
amendments to sec.sec.30.3, 30.5-30.10, 30.12, and 30.14, concerning the Young 
Farmer Loan Guarantee Program, with changes to the proposed text as published in 
the July 15, 1997, issue of the Texas Register (22 TexReg 6517). The amendments 
are adopted to make the sections consistent with changes made to the Texas 
Agriculture Code, Chapter 253, by the enactment of House Bill 993, 75th 
Legislature, 1997. Section 30.3 is adopted with changes. Sections 30.5-30.10, 
30.12 and 30.14 are adopted without changes and will not be republished. Section 
30.3 has been changed to delete language in the proposed definition of "interest 
rate" referring to payment for a reduction in a borrower's interest rate. This 
change is made based on notification to the department by the office of the 
Comptroller of Public Accounts that no funds have been appropriated for payment 
for reduction in an interest rate under the Young Farmer Loan Guarantee Program. 
No other comments were received on the proposal. 
The amendments to sec.30.3 delete the definition for "county agent" 
incorporating the requirement into sec.30.7(3) of these rules, clarify the 
definition of a first farm or ranch operation, and incorporate a statutory 
change to the definition of "interest rate". The amendment to sec.30.5 redefines 
eligible and ineligible project costs as defined in the enabling legislation. 
The amendment to sec.30.6 clarifies staff review and notification requirements. 
The amendment to sec.30.7 clarifies that financial statement are to be submitted 
in accordance with generally accepted accounting principles, and changes the 
time requirement from five years to a period comparable to the requested term of 
the guarantee not to exceed three years. The amendment to sec.30.8 is a 
capitalization change for qualified applications. The amendment to sec.30.9 
changes the maximum loan to that allowed by the enabling legislation. The 
amendment to sec.30.10 clarifies the duties of the lender in regard to loan 
documents. The amendment to sec.30.12 clarifies the eligibility of the lender. 
The amendment to sec.30.14 clarifies the commitment letter. 
The amendments are adopted under the Texas Agriculture Code (the Code), 
sec.253.007(e), which provides that the Authority with the same authority in 
administering the Young Farmer Loan Guarantee Program as it has in administering 
programs established by the Board of Directors of the Authority (the board) 
under Chapter 58 of the Code: sec.58.023 of the Code, which provides the with 
the board with the authority to adopt rules to establish criteria for 
eligibility of applicants and criteria for lenders: sec.58.022 of the Code, 
which provides the board with the authority to adopt rules and procedures for 
administration of the loan guarantee program; and Texas Government Code, 
sec.2001.004 which requires that state agencies adopt rules of practice stating 
the nature and requirements of all available formal and informal procedures.

sec.30.3.Definitions.
In addition to the definitions set out in the Texas Agriculture Code, Chapter 
253, as amended, the following words and terms, when used in this chapter, shall 
have the following meanings unless the context clearly indicates otherwise: 
First farm or ranch operation-An independent operation:
(A) in which the applicant as owner/operator provides substantially all of the 
management and labor for the operation; and, 
(B) (No change.) 
Interest rate-The interest rate on a guaranteed loan as determined by the 
participating lender and approved by the board on a project-by-project basis.
Loan guarantee amount-With respect to a loan made by a lender, a sum measured in 
terms of United States dollars that the Authority agrees to pay in the case of 
default by the borrower, not to exceed the lesser of $100,000 or 90% of the 
total loan.
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 27, 1997.
TRD-9711360
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 16, 1997
Proposal publication date: July 15, 1997
For further information, please call: (512) 463-7583

TITLE 16. ECONOMIC REGULATION
PART IX. Texas Lottery Commission
CHAPTER 401.Administration of State Lottery Act 
16 TAC sec.401.369
The Texas Lottery Commission adopts new sec.401.369, concerning Retailer Sales 
Incentive, without changes to the proposed text published in the August 1, 1997, 
issue of the Texas Register (22 TexReg 7117). 
The new section is intended to provide an incentive to the existing Lottery 
sales agent base which will encourage a stable sales agent base. 
The new section will reduce the weekly on-line service charge from $20 to $10 
for those lottery sales agents who have held continuously, in good standing, a 
lottery sales agent's license and sold on-line games for a minimum of three 
years. The Texas Lottery reserves the right, in the future, to revert to the 
weekly on-line service charge of $20 for such retailers should the Executive 
Director determine, in his/her sole discretion, that is in the best interests of 
the Texas Lottery to do so. 
No comments were received regarding adoption of the new section. 
The new section is adopted under Texas Government Code, sec.466.015 which gives 
the Texas Lottery Commission authority to adopt rules necessary to administer 
the State Lottery Act and to adopt rules governing the establishment and 
operation of the lottery and Texas Government Code, sec.467.102 which authorizes 
the Texas Lottery Commission to adopt rules for the enforcement and 
administration of Texas Government Code, Chapter 467 and the laws under the 
Commission's jurisdiction. 
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 September 3, 1997.
TRD-9711600
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Effective date: September 23, 1997
Proposal publication date: August 1, 1997
For further information, please call: (512) 344-5113

TITLE 22. EXAMINING BOARDS
PART XI. Board of Nurse Examiners
CHAPTER 223.Fees
22 TAC sec.223.1
The Board of Nurse Examiners adopts an amendment to sec.223.1, concerning Fees 
with changes in the proposed text as published in the July 29, 1997, issue of 
the Texas Register (22 TexReg 7005). The change applies to sec.223.1(6) 
regarding licensure (each biennium). 
During the 75th Legislative Session, additional appropriations were approved for 
the Board of Nurse Examiners, contingent upon the Board generating sufficient 
additional revenue to cover the amounts appropriated. In addition, Senate Bill 
617 authorized pilot programs for a study of continued competence and the 
development of a jurisprudence exam for nurses. At their annual meeting in July, 
the Board authorized publication of the proposed fees. Inadvertently, when the 
proposed changes to the fee structure were submitted for publication, the 
licensure (renewal) ee was reported as $37 rather than the $38 approved by the 
Board. Therefore, sec.223.1(6) is being adopted with a change.
The adopted fee increase will generate enough monies to cover the appropriated 
amounts and permit the agency to implement the provisions of the law. The rule 
will affect all currently licensed registered nurses who renew their license; 
increase the APN Initial Certification Fee and creates an APN renewal fee and 
Prescriptive Authority Initial Fee where previously there was no fee. 
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Nursing Practice Act, (Texas Civil 
Statutes), Article 4514, sec.1, which provide the Board of Nurse Examiners with 
the authority and power to make and enforce all rules and regulations necessary 
for the performance of its duties and conducting of proceedings before it and 
Article 4527, sec.1, which permits the Board to establish reasonable and 
necessary fees so that the fees, in the aggregate, produce sufficient revenue to 
cover the cost of administering this chapter.
Articles 4514, sec.8, 4526 and 4527 are affected by this section. 

sec. 223.1.Fees.
The Board of Nurse Examiners has established reasonable and necessary fees for 
the administration of its functions in the following amounts: 
(1)-(5) (No change.) 
(6) licensure (each biennium) - $38.00; 
(7)-(13) (No change.) 
(14) advanced nurse practitioner - initial credentials - $50.00; 
(15)-(18) (No change.) 
(19) advanced practice nurse renewal - $35.00; 
(20) initial prescriptive authority - $25.00. 
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 28, 1997.
TRD-9711377
Katherine A. Thomas, MN, RN
Executive Director
Board of Nurse Examiners
Effective date: September 17, 1997
Proposal publication date: July 29, 1997
For further information, please call: (512) 305-6811

PART XII. Board of Vocational Nurse Examiners
CHAPTER 235.Licensing
Application for Licensure
22 TAC sec.235.19
The Board of Vocational Nurse Examiners adopts the amendment to sec.235.19 
relative to licensure of persons with criminal convictions without changes to 
the proposed text published in the July 29, 1997 issue of the Texas Register (22 
TexReg 7005).
The amended rule is adopted for consistency with sec.239.12. 
No comments were received relative to the adoption of this rule. 
The amendment is adopted under Texas Civil Statutes, Article 4528c, Section 
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 29, 1997.
TRD-9711540
Marjorie A. Bronk
Executive Director
Board of Vocational Nurse Examiners
Effective date: September 22, 1997
Proposal publication date: July 29, 1997
For further information, please call: (512) 305-8100

CHAPTER 239.Contested Case Procedure
Enforcement
22 TAC sec.239.15
The Board of Vocational Nurse Examines adopts the repeal of sec.239.15 relative 
to licensure of persons who have defaulted on student loans without changes to 
the proposed text published in the July 29, 1997 issue of the Texas Register (22 
TexReg 7006). The rule was repealed in order to adopt a new rule which will 
include information relative to non-payment of child support in order to be in 
compliance with law. 
No comments were received relative to the adoption of this rule. 
The rule is repealed under Texas Civil Statutes, Article 4528c, Section 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 29, 1997.
TRD-9711541
Marjorie A. Bronk
Executive Director
Board of Vocational Nurse Examiners
Effective date: September 22, 1997
Proposal publication date: July 29, 1997
For further information, please call: (512) 305-8100

22 TAC sec.239.15
The Board of Vocational Nurse Examines adopts new rule sec.239.15 relative to 
licensure of persons who have defaulted on payments without changes to the 
proposed text published in the July 29, 1997 issue of the Texas Register (22 
TexReg 7007). 
The rule is adopted to enforce requirements for licensure of persons in default 
of Texas Guaranteed Student Loans and for persons who are not in compliance with 
payments of child support. These requirements are established by law. 
No comments were received relative to the adoption of this rule. 
The rule is adopted under Texas Civil Statutes, Article 4528c, Section 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 29, 1997.
TRD-9711542
Marjorie A. Bronk
Executive Director
Board of Vocational Nurse Examiners
Effective date: September 22, 1997
Proposal publication date: July 29, 1997
For further information, please call: (512) 305-8100

PART XVIII. Texas State Board of Podiatric Medical Examiners 
CHAPTER 371.Examinations
22 TAC sec.371.1, sec.371.2
The Texas State Board of Podiatric Medical Examiners adopts an amendment to 
sec.371.1 and sec.371.2, concerning Examinations with changes to the proposed 
text as published in the March 25, 1997, issue of the Texas Register (22 TexReg 
3027). 
The rules are being amended to make the definitions more clearly and to explain 
more clearly to the applicants who want to take the examination the procedure 
for providing National Board scores to the Board office. 
The amendments will define GPME and will state the need for passing both Parts I 
and II of the National Board before being allowing to sit for the state 
examination. 
No comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Civil Statutes, Article 4568(j), which 
provide the Texas State Board of Podiatric Medical Examiners with the authority 
to adopt all reasonable or necessary rules, regulations, and by-laws not 
inconsistent with the law regulating the practice of podiatric medicine, the 
laws of this state, or of the United States; to govern its proceedings and 
activities, the regulation of the practice of podiatric medicine, and the 
enforcement of the law regulating the practice of podiatric medicine. 

sec.371.1. Definitions.
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise:
GPME-Accredited graduate podiatric medical education. For the purpose of these 
rules, GPME means residency training program.

sec.371.2.Applicant for License. 
(a)-(f) (No change.) 
(g) Temporary License. 
(1)-(5) (No change.) 
(6) Prior to licensure, applicants for a temporary license must have passed both 
Part I and Part II of the National Board, and shall provide written 
documentation of passing same directly from the National Board of Podiatric 
Medical Examiners to the Texas State Board of Podiatric Medical Examiners. 
(h) Provisional License. 
(1) Requirements for Provisional License. On application for examination, an 
applicant may apply for a provisional license under the following circumstances. 
(A) The applicant must be licensed in good standing for at least two years as a 
podiatric physician in another state, the District of Columbia, or a territory 
of the United States that has licensing requirements that are substantially 
equivalent to the requirements of the Podiatric Medical Practice Act, subsequent 
amendments, and rules and must furnish proof of such licensure on Board forms 
provided. 
(B)-(D) (No change.) 
(2) Sponsorship. An applicant for provisional licensure must be sponsored by a 
person currently licensed by the Board for at least five years and in good 
standing under the Podiatric Medical Practice Act with the following conditions 
applicable. 
(A)-(B) (No change.) 
(3)-(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 August 29, 1997.
TRD-9711524
Janie Alonzo
Staff Services Officer I
Texas State Board of Podiatric Medical Examiners
Effective date: September 22, 1997
Proposal publication date: March 25, 1997
For further information, please call: (512) 305-7000

22 TAC sec.371.3, sec.371.6
The Texas State Board of Podiatric Medical Examiners adopts amendments to 
sec.371.3 and sec.371.6, regarding Examinations without changes to the proposed 
text as published in the July 15, 1997, issue of the Texas Register (22 TexReg 
6550). The text will not be republished. 
The rule is being amended to clearly define the scoring requirements of the 
examination. 
The amendments will change the requirement from having to pass each individual 
section to meeting the overall minimum cut score for the criterion referenced 
exam. 
No comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Civil Statutes, Article 4568(j), which 
provide the Texas State Board of Podiatric Medical Examiners with the authority 
to adopt all reasonable or necessary rules, regulations, and by-laws not 
inconsistent with the law regulating the practice of podiatric medicine, the 
laws of this state, or of the United States; to govern its proceedings and 
activities, the regulation of the practice of podiatric medicine, and the 
enforcement of the law regulating the practice of podiatric medicine. The 
amendments as adopted implement the Podiatric Medical Practice Act, Article 4569 
and Article 4570. 
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 22, 1997.
TRD-9711525
Janie Alonzo
Staff Services Officer I
Texas State Board of Podiatric Medical Examiners
Effective date: September 22, 1997
Proposal publication date: July 15, 1997
For further information, please call: (512) 305-7000

CHAPTER 375.Rules Governing Conduct
22 TAC sec.375.1, sec.375.11
The Texas State Board of Podiatric Medical Examiners adopts an amendment to 
sec.375.1 and sec.375.11, concerning Rules Governing Conduct without changes to 
the proposed text as published in the March 25, 1997,issue of the Texas Register 
(22 TexReg 3028). The text will not be republished.
The amendments as adopted include a definition of medical records in the 
definitions and to provide podiatric physicians and the public the cost and 
procedures for requesting copies of medical records. 
The amendments as adopted will function by setting out the requirements for 
podiatric physicians to provide copies of medical records. 
A comment was received from Larry Dunham on behalf of the Texas Health 
Information Management Association regarding adoption of the amendments.
COMMENT: Mr. Dunham commented the importance of having standardized regulations. 
He made reference to the new rules adopted by the Texas State Board of Medical 
Examiners last year. 
RESPONSE: The Board has researched what is a reasonable and fair cost to 
duplicate records and we are keeping with some form of standardization.
The amendments are adopted under Texas Civil Statutes, Article 4568(j), which 
provide the Texas State Board of Podiatric Medical Examiners with the authority 
to adopt all reasonable or necessary rules, regulations, and by-laws not 
inconsistent with the law regulating the practice of podiatric medicine, the 
laws of this state, or of the United States; to govern its proceedings and 
activities, the regulation of the practice of podiatric medicine, and the 
enforcement of the law regulating the practice of podiatric medicine. The 
amendments as adopted implement the Podiatric Medical Practice Act, Article 
4568(j).
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 22, 1997.
TRD-9711526
Janie Alonzo
Staff Services Officer I
Texas State Board of Podiatric Medical Examiners
Effective date: September 22, 1997
Proposal publication date: March 25, 1997
For further information, please call: (512) 305-7000

CHAPTER 379.Fees and License Renewal
22 TAC sec.379.1
The Texas State Board of Podiatric Medical Examiners adopts an amendment to 
sec.379.1, concerning Fees and License Renewal without changes to the proposed 
text as published in the July 15, 1997, issue of the Texas Register (22 TexReg 
6551). The text will not be republished.
The rule is being amended to fulfill our agency's legislative requirement 
contained in House Bill 1, VIII-61, A512-S122-01-01-P02, 75th Legislative 
Session, relating to Contingent Revenue. 
The amendment will change the renewal fee from $250 per year to $325 per year 
and the Rad-tech Registration from $15 per year to $25 per year. 
No comments were received regarding adoption of the amendments. 
The amendment is adopted under Texas Civil Statutes, Article 4568(j), which 
provide the Texas State Board of Podiatric Medical Examiners with the authority 
to adopt all reasonable or necessary rules, regulations, and by-laws not 
inconsistent with the law regulating the practice of podiatric medicine, the 
laws of this state, or of the United States; to govern its proceedings and 
activities, the regulation of the practice of podiatric medicine, and the 
enforcement of the law regulating the practice of podiatric medicine. The 
adopted amendments implement the Podiatric Medical Practice Act, Articles 4569, 
4570, 4571, 1571a, 4571b and 4574.
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 29, 1997.
TRD-9711527
Janie Alonzo
Staff Services Officer I
Texas State Board of Podiatric Medical Examiners
Effective date: September 22, 1997
Proposal publication date: July 15, 1997
For further information, please call: (512) 305-7000

PART XXXIV. Texas State Board of Social Worker Examiners 
CHAPTER 781.Social Worker Licensure
The Texas State Board of Social Worker Examiners (board) adopts amendments to 
sec.sec.781.102, 781.215, 782.301, 781.302, 781.307, 781.309, 781.401, 781.402, 
781.503, 781.508, 781.509, 781.602, and 781.603, concerning the licensing and 
regulation of social workers. Sections 781.301, 781.302, 781.508, and 781.603 
are adopted with changes to the proposed text as published in the April 11, 
1997, issue of the Texas Register (22 TexReg 3370). Sections 781.102, 781.215, 
781.307, 781.309, 781.401, 781.402, 781.503, 781.509, and 781.602 are adopted 
without changes, and therefore will not be republished. 
Specifically, the definitions of "case record", "flagrantly" and "persistently" 
are added to sec.781.102 to help clarify the current rules in effect. The 
amendment to sec.781.215(d) adds clarification to the boards' jurisdiction over 
a licensee until the licensee returns their license certificate to the board 
office. Language was added to sec.781.301(a)(3)(B) and sec.781.301(a)(3)(C) to 
give applicants a better understanding of the minimum requirements for licensure 
as a social worker associate; and to sec.781.301(b)(4) to provide licensees and 
clarification regarding private independent practice. The amendment to 
sec.781.302(a)(1) clarifies to licensees who fail to submit the required 
supervisory plan for obtaining their specialty recognition of advanced clinical 
practitioner (ACP) or advanced practitioner (AP). The amendment to 
sec.781.302(e) and (g)-(k) ives additional clarification for individuals who are 
trying to obtain the specialty recognition of ACP/AP. The amendment to 
sec.781.307(b) gives the board authority to require applicants to obtain a 
criminal background check. Language was added to 781.309(c) in order to give 
applicants clarification of the eligibility requirements for a temporary 
license. The amendment to sec.781.401(11)-(13) regarding code of ethics is 
arranged by categories.
The amendment to sec.781.402(i)(2) allows consumers access to their records if 
the social worker is unavailable to provide this service. The amendment to 
sec.781.402(cc) adds consistency with definition of accredited colleges and 
universities in sec.781.102. Language was added to sec.781.402(ff)(5) which 
mandates reporting of abuse and neglect in a nursing home setting. The amendment 
to sec.781.503(a) and (d) gives licensees additional time to submit their 
renewal and gives the licensee alternatives to obtaining traditional continuing 
education for the purposes of renewal. The amendment to sec.781.503(f) clarifies 
what is considered a timely and sufficient application for renewal. The 
amendment to sec.781.503(h) allows the board to notify the licensee a complaint 
has been filed and they either need to renew their license and respond to the 
complaint, or return the license certificate to the board office. The amendment 
to sec.781.508(a) adds a way to renew the social worker's license by 
participating in the continuing education competency pilot project. In addition, 
this rule adds additional continuing education for social work associates (SWA) 
and gives the executive director the authority to waive some continuing 
education for licensees under special circumstances. Language was added to 
sec.781.509(1)(F) to broaden the opportunities for obtaining continuing 
education for renewal purposes. The amendment to sec.781.602(e) and (f) gives 
the boards' interpretation of due process when sending a notice letter to a 
licensee who has violated the law and rules of the board. The amendment 
sec.781.603(c) eliminates the official form for filing a complaint. Section 
781.603(d)(2)(C) is amended to state that the board will send the board's policy 
on the recommended time frames for resolving a complaint filed with the board. 
Language was added to sec.781.603(e)-(h) to clarify the role of the executive 
director during the investigative process. These amended sections assure the 
appropriate regulation of social workers and continue to identify competent 
practitioners as necessary to ensure public safety, health and welfare. 
A following comments were received concerning the proposed sections. Following 
each comment is the board's response and any resulting change(s). 
COMMENT: Concerning sec.781.301(a)(3)(C), two commenters stated that the phrase 
"appropriate person" is too vague. 
RESPONSE: The board agrees that the term "appropriate person" should be 
clarified. The board has changed the text to read "appropriately licensed social 
worker". 
COMMENT: Concerning sec.781.301(a)(3)(C), two commenters recommended the level 
of licensure for supervising potential SWA's. 
RESPONSE: The board understands the concern and this issue will be forwarded to 
the rules committee for their consideration at a later date. 
COMMENT: Concerning sec.781.302(a)(1), one commenter recommended that the board 
not grant an exception to filing a supervisory plan on time.
RESPONSE: A person who fails to file a supervisory plan within the required time 
period will be required to submit additional documentation that is not required 
otherwise. The board feels this is an appropriate penalty for not meeting a 
paper work deadline. 
COMMENT: Concerning sec.781.302(a)(1), board staff recommended deleting the 
phrase "or within six months of the effective date of these rules". 
RESPONSE: The board agrees and has deleted the phrase. 
COMMENT: Concerning sec.781.302(g) and sec.781.302(i), a commenter was in favor 
of the proposed revisions relating to supervision for specialty practice 
recognition 
RESPONSE: The board appreciates the positive feedback from this commenter.
COMMENT: Concerning sec.781.401(a)(12), one commenter stated that this rule does 
not make it clear who is getting the supervision. 
RESPONSE: This particular rule was not proposed for change, but was only being 
renumbered. However, this comment will be referred to the rules committee for 
their consideration. 
COMMENT: Concerning sec.781.508(b) and sec.781.508(c), one commenter supports 
the addition of these new requirements. 
RESPONSE: The board appreciates the support of this rule, however, 
sec.781.508(c) has been revised from "recommending" continuing education in 
ethics to "requiring" all licensees to complete continuing education in the area 
of ethics. 
COMMENT: Concerning sec.781.508(c), one commenter would like to see it be 
required for all social workers to receive a minimum number of hours in ethics. 
RESPONSE: The board agrees with this comment and has changed the rule language 
from "recommending" continuing education in ethics to "requiring" all licensees 
to complete continuing education in the areas of ethics. 
COMMENT: Concerning sec.781.602(f), one commenter is concerned that the social 
worker might not get the notice of board disciplinary action due to being on 
vacation, and suggested that the letter be sent certified mail with return 
receipt required to be signed by the addressee. 
RESPONSE: The board disagrees and notes that the notice in question comes at the 
end of an investigation in which the licensee has been notified of the 
allegations and offered an opportunity to respond. The notice is sent return 
receipt requested. The proposed change was made to deal with individuals who 
have chosen not to accept the certified mail, and not to respond to the 
complaint, and to keep the board from taking final action in the matter.
COMMENT: Concerning sec.781.603(c), one commenter recommended placing a time 
limit for receiving a sworn statement. 
RESPONSE: The board disagrees with this comment, however board staff will place 
a recommended time frame for returning the sworn notarized complaint back to the 
board office. 
COMMENT: Concerning sec.781.603(d)(2)(C), one commenter stated that the board 
should specify who "all parties" are. 
RESPONSE: The board disagrees. Each complaint is unique and may have many 
parties involved or it may only have the complainant and the social worker 
involved. Different circumstances require different parties to be notified at 
different times during the complaint process. 

SUBCHAPTER A.General Provisions
22 TAC sec.781.102
The amendment is adopted under the Texas Professional Social Work Act, Human 
Resources Code, Chapter 50, sec.50.006 which provides the Texas State Board of 
Social Worker Examiners with the authority to adopt rules that are necessary to 
administer the Act; sec.50.014(c) relating to rules on alternate methods of 
examining competency and retaking an examination; sec.50.018 relating to 
documentary evidence of experience and competence as necessary to ensure public 
safety, health and welfare; sec.50.020(a) and sec.50.026 relating to procedures 
for recognition for private, independent practice; and sec.50.034 relating to 
rules on continuing 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 28, 1997.
TRD-9711437
Catherine Clancy
Chairperson
Texas State Board of Social Worker Examiners
Effective date: September 18,1997
Proposal publication date: April 11, 1997
For further information, please call: (512) 458-7236

SUBCHAPTER B.The Board
22 TAC sec.781.215
The amendment is adopted under the Texas Professional Social Work Act, Human 
Resources Code, Chapter 50, sec.50.006 which provides the Texas State Board of 
Social Worker Examiners with the authority to adopt rules that are necessary to 
administer the Act; sec.50.014(c) relating to rules on alternate methods of 
examining competency and retaking an examination; sec.50.018 relating to 
documentary evidence of experience and competence to ensure public safety, 
health and welfare; sec.50.020(a) and sec.50.026 relating to procedures for 
recognition for private, independent practice; and sec.50.034 relating to rules 
on continuing 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 28, 1997.
TRD-9711438
Catherine Clancy
Chairperson
Texas State Board of Social Worker Examiners
Effective date: September 18, 1997
Proposal publication date: April 11, 1997
For further information, please call: (512) 458-7236

SUBCHAPTER C.Licenses and Licensing Process
22 TAC sec.sec.781.301, 781.302, 781.307, 781.309
The amendments are adopted under the Texas Professional Social Work Act, Human 
Resources Code, Chapter 50, sec.50.006 which provides the Texas State Board of 
Social Worker Examiners with the authority to adopt rules that are necessary to 
administer the Act; sec.50.014(c) relating to rules on alternate methods of 
examining competency and retaking an examination; sec.50.018 relating to 
documentary evidence of experience and competence to ensure public safety, 
health and welfare; sec.50.020(a) and sec.50.026 relating to procedures for 
recognition for private, independent practice; and sec.50.034 relating to rules 
on continuing education. 

sec.781.301.Qualifications for Licensure. 
(a) The following education and experience is required for the specified 
licenses and specialty recognitions: 
(1)-(2) (No change.) 
(3) SWA - the following degrees and experience: 
(A) (No change.) 
(B) an associate of arts degree in a behavioral science from an accredited 
college or university and three years of full-time social work experience as 
defined in sec.781.304(c) of this title under the supervision of a SWA, LSW or 
LMSW or a person with an equivalent social work license if the experience was 
completed in another state; and 
(C) supervision under the appropriately licensed social worker who had direct 
oversight for the individual's social work services, had regular supervisory 
conferences with the individual at least 50 hours per year over the full period 
of required supervision, and evaluated the individual's provision of social work 
services. 
(4)-(5) (No change.) 
(b) Only a person who is licensed and recognized by the board as a LMSW-ACP or 
LMSW-AP is qualified for the private, independent practice of social work. No 
further recognition is necessary. 
(1)-(3) (No change.) 
(4) A licensee who is not a LMSW-AP or LMSW-ACP may not provide direct social 
work services to clients from a location that she or he owns or leases and that 
is not owned or leased by an employer or other legal entity with responsibility 
for the client. This does not preclude the use of telephones or other electronic 
media to provide services in an emergency.
(c) (No change.) 

sec.781.302.Supervision for Specialty Recognition.
(a) A LMSW who plans to apply for specialty practice recognition must: 
(1) submit a supervisory plan to the board for approval by the appropriate 
committee of the board or executive director at the beginning of supervision or 
if the LMSW fails to submit a supervisory plan, then the LMSW will need to 
submit documentation regarding dates, times and summary of all supervisory 
sessions at the time the LMSW makes application for the upgrade; 
(2)-(3) (No change.) 
(b)-(d) (No change.) 
(e) Supervisory sessions may be in one-on-one sessions or in a combination of 
individual and group sessions. 
(1) (No change.) 
(2) Supervision shall be spread out over the experience of the supervisee. 
(3) Supervision shall be accomplished in one or two hour blocks not exceeding 
ten hours per month. 
(f) (No change.) 
(g) Supervision must extend over a full 24 months and must consist of no less 
than 100 hours. Supervision must average one hour per 30-40 hours of social work 
services over the full period. Individuals who work less than 30 hours per week 
will be credited for experience and supervision in proportion to the average 
hours worked per week. 
(h) An LMSW may contract for ACP supervision with written approval of the LMSW's 
employing agency. A copy of the approval must accompany the supervisory plan 
submitted to the board. 
(i) An ACP may not charge or collect a fee or anything of value from his or her 
employee or contract employee for the ACP's supervision services provided to the 
employee or contract employee. 
(j) The ACP must be responsible for establishing all conditions of exchange with 
the clients served by her or his supervisee and for the collection of service 
fees from those clients. 
(k) Supervision completed before the effective date of this chapter will be 
evaluated on the basis of the rules in effect at the time of the supervision. 
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 28, 1997.
TRD-9711439
Catherine Clancy
Chairperson
Texas State Board of Social Worker Examiners
Effective date: September 18, 1997
Proposal publication date: April 11, 1997
For further information, please call: (512) 458-7236

SUBCHAPTER D.Code of Ethics and Professional Standards of Practice 
22 TAC sec.781.401 sec.781.402
The amendments are adopted under the Texas Professional Social Work Act, Human 
Resources Code, Chapter 50, sec.50.006 which provides the Texas State Board of 
Social Worker Examiners with the authority to adopt rules that are necessary to 
administer the Act; sec.50.014(c) relating to rules on alternate methods of 
examining competency and retaking an examination; sec.50.018 relating to 
documentary evidence of experience and competence to ensure public safety, 
health and welfare; sec.50.020(a) and sec.50.026 relating to procedures for 
recognition for private, independent practice; and sec.50.034 relating to rules 
on continuing 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 28, 1997.
TRD-9711440
Catherine Clancy
Chairperson
Texas State Board of Social Worker Examiners
Effective date: September 18, 1997
Proposal publication date: April 11, 1997
For further information, please call: (512) 458-7236

SUBCHAPTER E.License Renewal and Continuing Education
22 TAC sec.sec.781.503, 781.508, 781.509
The amendments are adopted under the Texas Professional Social Work Act, Human 
Resources Code, Chapter 50, sec.50.006 which provides the Texas State Board of 
Social Worker Examiners with the authority to adopt rules that are necessary to 
administer the Act; sec.50.014(c) relating to rules on alternate methods of 
examining competency and retaking an examination; sec.50.018 relating to 
documentary evidence of experience and competence to ensure public safety, 
health and welfare; sec.50.020(a) and sec.50.026 relating to procedures for 
recognition for private, independent practice; and sec.50.034 relating to rules 
on continuing education. 

sec.781.508.Hour Requirements for Continuing Education.
(a) A licensee must complete one of the following continuing education 
activities acceptable to the board in the 12 months preceding his or her license 
renewal date. In this subchapter "credit hours" will mean continuing education 
acceptable to the board. These activities are: 
(l) 15 hours (l.5 continuing education units (CEU)); or 
(2) active participation in a continuing competency pilot project approved by 
the board. 
(b) An individual licensed as a social work associate must document completion 
of 12 hours of board approved continuing education in professional values and 
ethics within two years of initial licensure or within two years of the 
effective date of this subsection. 
(c) All licensees must complete a minimum of three hours of professional values 
and ethics training each year as part of the required l.5 CEU's. 
(d) On petition by a licensee, the executive director may waive part, but not 
all, of the continuing education renewal requirements for good and just cause or 
may permit the licensee an additional period of time in which to complete all 
continuing education requirements. In all cases, the decision of the executive 
director is final. 
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 28, 1997.
TRD-9711441
Catherine Clancy
Chairperson
Texas State Board of Social Worker Examiners
Effective date: September 18, 1997
Proposal publication date: April 11, 1997
For further information, please call: (512) 458-7236

SUBCHAPTER F.Complaints and Violations
22 TAC sec.781.602 sec.781.603
The amendments are adopted under the Texas Professional Social Work Act, Human 
Resources Code, Chapter 50, sec.50.006 which provides the Texas State Board of 
Social Worker Examiners with the authority to adopt rules that are necessary to 
administer the Act; sec.50.014(c) relating to rules on alternate methods of 
examining competency and retaking an examination; sec.50.018 relating to 
documentary evidence of experience and competence to ensure public safety, 
health and welfare; sec.50.020(a) and sec.50.026 relating to procedures for 
recognition for private, independent practice; and sec.50.034 relating to rules 
on continuing education. 

sec.781.603.Complaint Procedures. 
(a)-(b) (No change.) 
(c) On receipt of a complaint, the executive director shall send an 
acknowledgement letter. If the complaint is not in the form of a sworn 
statement, a copy of applicable rules, and an official form will be included 
with the letter of acknowledgement and further action on the complaint may, at 
the discretion of the executive director, be delayed until a sworn statement is 
received. The executive director may accept an anonymous complaint or a 
complaint that is not a sworn statement if there is sufficient information for 
the investigation; however, the executive director shall then complete a 
complaint form under oath. 
(d) Within 15 days of the receipt of a complaint, the executive director shall 
review the complaint to assure that there is sufficient information to initiate 
an investigation and that the allegations contained in the complaint fall within 
the board's jurisdiction. 
(1) (No change.) 
(2) If the allegations in the complaint are within the board's jurisdiction and 
sufficient for investigation, the executive director shall: 
(A)-(B) (No change.) 
(C) notify all parties, as appropriate, to the circumstances of the complaint, 
that an investigation has been initiated, and provide a copy of the board's 
policy regarding the time frame for conducting an investigation; and 
(D) (No change.) 
(e) The executive director will initiate the investigation of a complaint by 
requesting statements and evidence from all parties; may request that the 
complaint investigation be conducted by a department investigator; or may enlist 
the service of a private investigator. 
(f) If an investigation is assigned to an investigator, the executive director 
will request a written report of the progress of the investigation at least two 
weeks before each meeting of the complaints committee until the investigation is 
complete and will provide a copy of the report to the committee.
(g) If an investigation uncovers evidence of a criminal act, the appropriate law 
enforcement officials will be notified. However, the complaint process will 
continue to its completion unless a written request is received from a law 
enforcement agency requesting that action on the complaint be delayed, stating 
the reason for requesting the delay, and stating an anticipated date by which 
that agency plans to take action on the case. 
(h) If a law enforcement agency has requested a delay in the complaint process 
in writing, the executive director will request timely updates on that agency's 
progress in bringing the matter to a close. 
(i) The executive director will inform the board if the services of a private 
investigator are needed for the timely completion of a complaint investigation 
or for any other reason. 
(j) The subject of the complaint will be notified of the allegations either in 
writing, by phone, or in person, by the executive director or the investigator 
assigned to the case and will be required to provide a sworn response to the 
allegations within two weeks of that notice. Failure to respond to the 
allegations within the two week period is evidence of failure to cooperate with 
the investigation and subject to disciplinary action. 
(k) The complaints committee will review the complaint log to ensure that: 
(1) complaint investigations are being handled in a timely manner; 
(2) complaints are not dismissed without appropriate consideration;
(3) a person who files a complaint has an opportunity to explain the allegations 
made in the complaint; and 
(4) any issues related to complaints which arise under the Act or this chapter 
are resolved. 
(l) The complaints committee shall determine whether a violation exists and 
whether to dismiss the complaint as unsubstantiated or to consider appropriate 
disciplinary action. 
(m) If a violation is found but it does not seriously affect the health and 
safety of clients or other persons, the committee may resolve the complaint by 
informal methods such as a cease and desist order or an informal agreement with 
the violator to correct the violation. 
(n) If the complaint is not resolved by the committee, the committee may 
recommend that disciplinary action be taken or that other appropriate action as 
authorized by law be taken, including injunctive relief or civil penalties. 
Action may be taken based on the allegations in the complaint or any violations 
found during investigation. 
(o) If no violation exists or the complaint is dismissed as unsubstantiated, the 
complainant and the licensee or applicant shall be notified in writing of the 
finding. The committee may include in that notice a statement of issues and 
recommendations that the committee wishes to bring to the attention of the 
subject of the complaint. 
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 28, 1997.
TRD-9711442
Catherine Clancy
Chairperson
Texas State Board of Social Worker Examiners
Effective date: September 18, 1997
Proposal publication date: April 11, 1997
For further information, please call: (512) 458-7236

TITLE 30. ENVIRONMENTAL QUALITY
PART I. Texas Natural Resource Conservation Commission 
CHAPTER 335.Industrial Solid Waste and Municipal Hazardous Waste
SUBCHAPTER A.Industrial Solid Waste and Municipal Hazardous Waste in General
30 TAC sec.335.1, sec.335.2
The Texas Natural Resource Conservation Commission (commission) adopts 
amendments to sec.335.1 and sec.335.2, concerning industrial solid waste without 
changes to the proposed text as published in the July 8, 1997, issue of the 
Texas Register (22 TexReg 6402).
EXPLANATION OF ADOPTED RULES The purpose of these rules is to clarify the 
commission's regulations regarding permitting requirements for certain 
nonhazardous industrial solid waste management activities and to establish 
permit exemptions from certain requirements for nonhazardous industrial solid 
waste management activities that are inappropriately more stringent than the 
requirements for similar hazardous waste management activities. These amendments 
are adopted in response to three separate regulatory reform proposals received 
from outside entities and in response to proposals from commission staff. The 
commission has identified three issues to be addressed in order to more 
appropriately regulate nonhazardous industrial solid waste management 
activities. These rules are intended: (1) to clarify that a permit is not 
required to store, process, or dispose of nonhazardous industrial solid waste on 
property owned or controlled by the owner or operator of the generating facility 
within 50 miles of the plant or operation from which the waste results; (2) to 
adopt off-site nonhazardous industrial solid waste management permit exemptions 
that are similar to current hazardous waste permit exemptions and permits-by-
rule; and (3) to lift the 50-mile limit to store nonhazardous industrial solid 
waste without a permit. 
Prior to adoption of these amendments, the hazardous waste management permit 
exemptions for treatability studies, elementary neutralization units, wastewater 
treatment units, and transfer facilities, as well as the permit-by-rule for 
publicly owned treatment works, did not apply to nonhazardous industrial solid 
waste management. The amendments to sec.335.1 and sec.335.2 adopt nonhazardous 
industrial solid waste permit exemptions that are analogous to the state and 
federal hazardous waste management regulations found in sec.335.2(f)-(g), 
sec.335.41(b)-(d), 40 Code of Federal Regulations (CFR) sec.261.4(d)-(f), 40 CFR 
sec.264.1(e) and (g), 40 CFR sec.270.1(c)(2), and 40 CFR sec.270.60(c). 
When the federal hazardous waste program was incorporated into the existing 
state industrial solid waste program, hazardous waste permit exemptions were not 
applied to all other industrial solid waste management activities. The on-site 
management and disposal of nonhazardous industrial solid waste was largely 
unregulated, with prevailing economic incentives favoring on-site disposal. Over 
time waste management standards and practices have improved to the point that 
there are now incentives for sending nonhazardous wastes off-site for storage, 
processing, and disposal. The amendments adopted today will apply the hazardous 
waste permit exemptions and permit-by-rule in a similar manner to off-site 
nonhazardous industrial solid waste management activities as well. 
Persons engaging in these activities must continue to follow all applicable 
reporting requirements of sec.335.12 (relating to Shipping Requirements 
Applicable to Owners or Operators of Storage, Processing, or Disposal 
Facilities) and sec.335.15 (relating to Recordkeeping and Reporting Requirements 
Applicable to Owners or Operators of Storage, Processing, or Disposal 
Facilities). 
The amendments to sec.335.1 expand certain definitions to include nonhazardous 
industrial solid waste management activities. The definitions for elementary 
neutralization unit, transfer facility, treatability study, and wastewater 
treatment unit in sec.335.1 were previously written only in terms of hazardous 
waste management activities. The amendments also include administrative 
revisions to abbreviate cross-references to the Code of Federal Regulations. 
The amendments to sec.335.2(d) state that no permit shall be required for the 
storage or processing of nonhazardous industrial solid waste in an elementary 
neutralization unit, wastewater treatment unit, transfer facility, treatability 
study, or publicly owned treatment works having a National Pollutant Discharge 
Elimination System permit. 
Previously, sec.335.2(d) stated that no permit was required for nonhazardous 
industrial solid waste storage, processing, or disposal if the waste was 
disposed on land owned or controlled by the generator and not commingled with 
other generator's wastes, and the property where the waste was disposed was 
within 50 miles of the generator's plant or operation. If applied literally, a 
permit would be required for the on-site storage or processing of any 
nonhazardous industrial solid waste that was subsequently not disposed at a site 
owned or controlled by the generator within 50 miles from the generation point. 
Although the rule language of sec.335.2(d) was based on Texas Health and Safety 
Code sec.361.090, sec.361.061 provides that the commission may issue permits for 
nonhazardous industrial solid waste. Therefore, the commission has authority to 
adopt a rule that does not require permits for certain nonhazardous industrial 
solid waste management activities. Historically, the commission has not required 
a permit for the storage, processing, or disposal of nonhazardous industrial 
solid waste on property owned or controlled by the generator within 50 miles of 
the point of generation. However, the commission is revising sec.335.2(d) to 
clarify that no permit is required for the storage, processing, or disposal of 
nonhazardous industrial solid waste on property owned or controlled by the owner 
or operator of the generating facility that is within 50 miles of the plant or 
operation from which the waste results, provided that the waste is not 
commingled with waste from any other source or sources. 
Further, the amendments to sec.335.2(d) will allow storage of nonhazardous 
industrial solid waste on property owned or controlled by the generator without 
distance limitation. This will allow industrial owners or operators to store 
nonhazardous industrial solid waste at their own collection facilities that are 
greater than 50 miles from the point of generation without having to obtain a 
permit. The commission does not believe a permit should be required for storage 
activities that make nonhazardous industrial solid waste management more 
economical. Changing the rule to allow this activity to occur without a permit 
will continue to be protective of human health and the environment. However, 
industrial owners or operators who process (unless otherwise exempted) or 
dispose of nonhazardous industrial solid waste on property they own or control 
that is greater than 50 miles from the point of generation must still obtain a 
permit. 
Those facilities choosing to manage nonhazardous industrial solid waste without 
a permit using any of the above proposals will still be required to provide an 
initial notification of the activity under sec.335.6 (relating to Notification 
Requirements) and manage the waste in accordance with sec.335.4 (relating to 
General Prohibitions). 
TAKINGS IMPACT ASSESSMENT The commission has prepared a Takings Impact 
Assessment for these rules pursuant to Texas Government Code Annotated 
sec.2007.043. The following is a summary of that assessment. The specific 
purpose of the rules is to revise the commission's regulations regarding 
permitting requirements for certain nonhazardous industrial solid waste 
management activities and to establish permit exemptions from certain 
requirements for nonhazardous industrial solid waste management activities that 
are inappropriately more stringent than the requirements for similar hazardous 
waste management activities. The rules will substantially advance this specific 
purpose by: (1) clarifying that a permit is not required to store, process, or 
dispose of nonhazardous industrial solid waste on property owned or controlled 
by the owner or operator of the generating facility within 50 miles of the plant 
or operation from which the waste results; (2) adopting off-site nonhazardous 
industrial solid waste management permit exemptions that are similar to current 
hazardous waste permit exemptions and permits-by-rule; and (3) lifting the 50-
mile limit to store nonhazardous industrial solid waste without a permit. 
Promulgation and enforcement of these rules will not burden private real 
property which is the subject of the rules because the proposed changes revise 
permitting requirements and exemptions for certain nonhazardous industrial solid 
waste management activities and do not limit or restrict a person's rights in 
private real property. 
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW The commission has reviewed this 
rulemaking for consistency with the Coastal Management Program (CMP) goals and 
policies in accordance with the regulations of the Coastal Coordination Council, 
and has determined that the rulemaking is consistent with the applicable CMP 
goals and policies. 
SUMMARY OF COMMENTERS The commission received six sets of written comments 
regarding the proposed amendments. Houston Lighting & Power (HL&P), Central and 
South West Corporation (C&SW), Southwestern Public Service Company (SPSC), Texas 
Chemical Council (TCC), and Texas Utilities Services, Inc. (TU Services), on 
behalf of Texas Utilities Electric Company, Texas Utilities Fuel Company, and 
Texas Utilities Mining Company, submitted written comments expressing general 
support for the proposal and suggesting additional rule changes. Brazos Electric 
Cooperative (Brazos Electric) submitted written comments expressing support for 
the proposal and did not suggest any additional changes. 
ANALYSIS OF TESTIMONY HL&P, C&SW, and TU Services pointed out that while the 
commission is allowing storage of nonhazardous industrial solid waste on 
property owned or operated by the generator over 50 miles from the point of 
generation without a permit, sec.335.10 of the commission's rules still requires 
a manifest for Class I waste that is shipped over 50 miles even though it is 
going to a facility owned by the generator. The commenters suggested that 
sec.335.10(g) be amended to remove the language that requires a manifest for 
Class I waste shipped over 50 miles. 
The commission acknowledges the commenters suggestion but is unable to make 
changes based on this comment. Because no changes to sec.335.10 were proposed as 
part of this rulemaking, the commission is not allowed to open this section to 
make changes during the adoption phase. The rules of the Texas Register require 
that every section that goes through the rulemaking process must be published as 
a proposal in the Texas Register prior to being published as an adopted rule. 
However, the commission will continue to study the commenters' suggested changes 
and, if needed, can address the issue through a separate rulemaking.
C&SW expressed concern that the proposed rule does not describe a mechanism for 
cancelling or revoking existing permits. The commenter indicated that many 
permits state that "suspension, cancellation, or revocation" is a condition for 
which "facility closure shall commence," which could require a large expenditure 
of funds for site investigation, decontamination, and removal of all wastes. 
C&SW argued that companies with existing permits should not have to maintain 
their permits and go through periodic permit renewal simply to avoid the closure 
requirements associated with cancellation or revocation of their permit. 
The commission acknowledges the commenter's concerns. The "suspension, 
cancellation, or revocation" provisions in existing permits were intended to 
address situations where the units or facility would cease to operate. Under the 
circumstances described by the commenter, where the facility will continue to 
manage the same types of waste, it is not the commission's intent to require 
cessation of waste management activities in order for a facility to terminate 
its permit and continue operating under these new rules. The commission's rules 
concerning voluntary revocation should be followed for termination of these 
permits, however, if the units are to remain in waste management service, 
revocation will not require removal of all wastes and closure of the facility. 
The commission considered other options for handling these existing permits, 
including enforcement discretion or some other type of determination that the 
permit is no longer in effect. However, the commission was unable to develop 
alternative solutions that would work within the commission's existing rules and 
still satisfy the concerns of all permittees. 
SPSC expressed support for the commission's decision to lift the 50-mile limit 
for storage of nonhazardous industrial solid waste but urged the commission to 
also lift the 50-mile limit for processing and disposal. SPSC indicated that 
most of its power plants generate essentially the same waste streams, and 
likewise, the majority of its service centers generate similar waste streams. 
The commenter suggested that the processing and disposal of similar waste 
streams from several different facilities is more economical, and affords 
greater protection of human health and the environment, when it is conducted at 
newer facilities, which in many cases are more than 50 miles from the generation 
source. SPSC also noted that almost all facilities permitted for the commercial 
processing and disposal of Class 1 wastes are located several hundred miles from 
SPSC facilities. 
The commission disagrees and has not made changes in response to this comment. 
The commission has added several exemptions in this rulemaking which would cover 
some processing outside of the 50-mile limit. However, the commission believes 
that other forms of processing and disposal over 50 miles from the generation 
point continue to warrant the protections provided by the application process, 
such as notice, public participation, technical review, and commission 
consideration. 
TCC expressed concern that incorporating nonhazardous waste terminology into 
traditional hazardous waste definitions will cause confusion due to cross-
referencing of hazardous waste citations within the actual definitions. The 
commenter requested the commission to confirm that hazardous waste standards and 
limitations applicable to treatability studies will not be applied to similar 
nonhazardous waste activities. 
The commission acknowledges the commenter's concern but notes that the cross-
reference to the federal treatability study exemption is found in sec.335.2(g) 
of the commission's rules, and this section applies only to hazardous wastes. By 
expanding the commission's definition of "treatability study" to include 
nonhazardous industrial solid waste, it is not the commission's intent to 
incorporate any federal standards or limitations related to the hazardous waste 
treatability study exemption. However, the commission's amended definition of 
"treatability study" does indicate that a treatability study is not a means to 
commercially treat or dispose of an industrial solid waste, and possible 
violations of this requirement will be reviewed on a case-by-case basis. 
TCC also expressed concern that the word "neutralizing" in the definition of 
"elementary neutralization unit" would be interpreted to require that the pH of 
a substance be adjusted all the way to "neutral" or a pH of 7.0. The commenter 
suggested that the word "neutralizing" be replaced with the word "adjusting" to 
confirm that the intent of the rule was not to require a pH of 7.0 to qualify 
for the exemption. 
The commission acknowledges the commenter's concern but has not made changes 
based on this comment. The word "neutralizing" is used in the definition of 
"elementary neutralization unit" to indicate that the pH of the waste must be 
adjusted toward neutral. The word "adjusting" does not limit the direction in 
which the pH may be moved. Although it may be uncommon that an entity would want 
to make a waste stream more acidic or more alkaline, the commission must ensure 
that its rules are appropriate for any scenario. However, it is not the 
commission's intent that the word "neutralizing" be interpreted to require the 
pH of a substance to be adjusted all the way to "neutral." 
STATUTORY AUTHORITY These amendments are adopted under Texas Water Code 
sec.5.103 and sec.5.105, which provide the commission with the authority to 
adopt any rules necessary to carry out its powers and duties under the 
provisions of the Texas Water Code or other laws of this state; and under Texas 
Health and Safety Code, Solid Waste Disposal Act, sec.361.017 and sec.361.024, 
which authorize the commission to regulate industrial solid waste and municipal 
hazardous waste and to adopt rules consistent with the general intent and 
purposes of the 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 September 3, 1997.
TRD-9711591
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: September 23, 1997
Proposal publication date: July 8, 1997
For further information, please call: (512) 239-1970

TITLE 34. PUBLIC FINANCE
PART III. Teacher Retirement System of Texas
CHAPTER 25.Membership Credit
The Teacher Retirement System of Texas (TRS) adopts amendments to sec.sec.25.28, 
25.30 and 25.31, concerning payroll reporting, conversion of noncreditable 
compensation to salary and percentage limits on compensation increases, 
amendments to sec.sec.25.181, 25.183, 25.184, concerning installment payments, a 
new sec.25.190, concerning employer pick-up of installment payments, and the 
repeal of sec.25.135 and sec.25.153, concerning single fees per year and 
developmental leave. The amendments to sec.25.28 and the new sec.25.190 are 
adopted with changes to the proposed text published in the July 22, 1997 issue 
of the Texas Register (22 TexReg 6842). Amendments to sec.sec.25.30, 25.31, 
25.135, 25.153, 25.181, 25.183, and 25.184 are adopted without changes to the 
proposed text as published in the July 22, 1997 issue of the Texas Register (22 
TexReg 6843) and will not be republished. 
The Government Code, sec.825.408 provides that employing districts must submit 
deposits for members and employer deposits by the 10th of the month or pay 
interest on late deposits. Amendments to sec.25.28 clarify that reports on the 
amounts due by the 10th are also due to the retirement system at that time and 
allow oral or written work agreements as well as qualified contracts to 
establish the beginning of a school year as provided in the Government Code, 
sec.821.001(15). The changes from the proposed text include the deletion of the 
proposed new language in subsection (a) and the retention of the original 
language proposed to be deleted in that same subsection. One additional 
editorial change is made to the first sentence of Subsection (a) substituting 
the word "director" for the word "secretary" immediately following "The 
executive" to reflect the correct title of the head of the agency. The 75th 
Legislature, 1997 authorized a new benefit called a Deferred Retirement Option 
Plan (DROP). The legislature also authorized a payroll deduction for the payment 
of special service. Additionally, they approved a device known as employer pick-
up under the Internal Revenue Code, sec.414h. This change in the law will allow 
a member to pay for special service with pre-tax dollars and defer payment of 
taxes until distribution. The 75th Legislature, 1997 also provided that a person 
receiving a refund under the installment payment law would not be able to use 
that method of payment for the same service for a three year period. Amendments 
to sec.25.30 apply conversion laws to the DROP. Amendments to sec.25.31 apply a 
20% compensation increase to DROP. Amendments to sec.25.181 clarify that a 
minimum payment of $25 monthly applies to all methods of payment for special 
service. Amendments to sec.25.183 adds payroll deduction to the list of actions 
which could mean nonpayment. If the deduction is not received due to the person 
stopping the deduction or the school's failure to make the deduction, the non-
action could be treated as nonpayment. Amendments to sec.25.184 reflect the new 
law regarding another use of the installment payments once a refund has been 
made. The new sec.25.190 concerning employer pick-up of installment payments 
provides guidance to establish an irrevocable employer pick-up of member 
contributions as described by the Internal Revenue Code, sec.414(h)(2), 26 
United States Code sec.414(h)(2) for the purchase of any service credit 
authorized by law. The term "picked" is changed to "picked up" in sec.25.190(e) 
to correct a typographical error. 
The justification for the amendments will be better, more accurate, and more 
efficient record keeping for TRS members of their individual accounts and that 
TRS will comply with the current TRS law on conversion and percentage 
limitations on compensation. In addition, TRS will comply with new and current 
TRS law regarding employer pick-up of deposits. The deleted rules are no longer 
needed and will help clean up the TRS rules. 
Comments on sec.25.28 were received from the Texas Association of School 
Administrators (TASA) through Executive Director Johnny Veselka asking that some 
grace period be given before following the actions proposed in Subsection (a). 
As a result of the comments, the proposed new language in Subsection (a) has 
been deleted. 
Comments on sec.25.190 were received from the Texas Association of School 
Administrators (TASA) through Executive Director Johnny L. Veselka requesting 
that member payments be treated as pre-tax contributions. Based on advice from 
outside tax counsel and the risk that an employer could incur significant tax 
penalties for underwithholding if an unfavorable opinion was received, the staff 
recommended the rule be adopted as proposed.

Compensation
34 TAC sec.sec.25.28, 25.30, 25.31
The amendments are adopted under the Government Code, Chapter 825, sec.825.102 
which provides the Board of Trustees of the Teacher Retirement System with the 
authority to adopt rules for the administration of the funds of the retirement 
system. 

sec.25.28. Payroll Report Dates
(a) The executive director shall establish dates on which payroll reports are 
due and the method to be used in reporting such deposits to the Teacher 
Retirement System of Texas. School officials shall be notified of such 
regulations. 
(b) (No change.) 
(c) Members who have a qualified contract or an oral or written work agreement 
shall be reported by each school district on a form provided by TRS. 
(1) (No change.) 
(2) Reports on contracts and oral or written work agreements with a beginning 
date in July should be submitted to TRS in the July report. Reports on contracts 
and oral or written work agreements with a beginning date in August should be 
filed with the August or September report. 
(d) (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 August 28, 1997.
TRD-9711429
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Effective date: September 17, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 370-0592

Creditable Time and School Year 
34 TAC sec.25.135
The repeal is adopted under the Government Code, Chapter 825, sec.825.102 which 
provides the Board of Trustees of the Teacher Retirement System with the 
authority to adopt rules for the administration of the funds of the retirement 
system.
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 28, 1997.
TRD-9711428
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Effective date: September 17, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 370-0592

Developmental Leave 
34 TAC sec.25.153
The repeal is adopted under the Government Code, Chapter 825, sec.825.102 which 
provides the Board of Trustees of the Teacher Retirement System with the 
authority to adopt rules for the administration of the funds of the retirement 
system. 
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 28, 1997.
TRD-9711427
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Effective date: September 17, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 370-0592

Installment Payments 
34 TAC sec.sec.25.181, 25.183, 25.184, 25.190 
These amendments and the new section are adopted under the Government Code, 
Chapter 825, sec.825.102 which provides the Board of Trustees of the Teacher 
Retirement System with the authority to adopt rules for the administration of 
the funds of the retirement system. In addition the Government Code, sec.823.004 
gives specific authority to establish by rule an irrevocable employer pick-up. 

sec.25.190. Employer Pick-up of Installment Payments.
(a) This section is intended to implement the provisions of the Government Code, 
sec.823.004(b) and sec.825.410, which provide respectively that the retirement 
system by rule may establish an irrevocable employer pick-up of member 
contributions as described by the Internal Revenue Code, sec.414(h)(2), 26 
United States Code sec.414(h)(2) for the purchase of any service credit 
authorized by law, and that special service credit may be purchased through 
payroll deductions. 
(b) The employer shall pay the monthly deductions the employee elects to have 
applied to purchase special service credits through pick-up contributions. The 
payroll deductions shall be paid to the Teacher Retirement System (TRS) from the 
same source of funds that is used in paying earnings to the employees. The 
employer shall pick up these contributions by a corresponding reduction in the 
cash salary of the employees, by an offset against a future salary increase, or 
by a combination of a salary reduction and an offset against a future salary 
increase. 
(c) An employee's election to purchase special service credit through pick-up 
contributions must be pursuant to an irrevocable, binding written authorization 
on a form prescribed by TRS, which specifies the amount of the monthly payroll 
deductions and the period over which the payroll deductions will be made. 
Furthermore, such period must satisfy the requirements of the Government Code, 
sec.825.411, and shall not commence earlier than the month after the 
authorization is signed. Once the employee enters into the irrevocable 
agreement, no prepayments will be accepted for the purchase of the service that 
is subject to the irrevocable authorization, and the employee may not receive 
the contributions directly instead of having the contributions contributed to 
the retirement system. 
(d) Contributions picked up as provided by subsection (b) of this section shall 
be treated as employer contributions in determining the tax treatment of the 
amounts under the United States Internal Revenue Code; however, each employer 
shall continue to withhold federal income taxes on these picked-up contributions 
until the Internal Revenue Service determines or the federal courts rule that 
pursuant to the Internal Revenue Code, sec.414(h), 1996 these picked-up 
contributions are not includable in the gross income of the employee until such 
time as they are distributed or made available.
(e) Employee contributions picked-up as provided by subsection (b) of this 
section shall be transmitted to the retirement system in the manner required by 
Government Code, sec.825.403 and shall be credited to the employee's account and 
treated, for all other purposes, as if the amount were a part of the employee's 
annual compensation. 
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 28, 1997.
TRD-9711426
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Effective date: September 17, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 370-0592

CHAPTER 29.Benefits
The Teacher Retirement System of Texas (TRS) adopts an amendment to sec.29.13 
concerning changes to beneficiary designations; new sec.sec.29.62 and 29.64 
concerning administration of the new deferred retirement option program passed 
by the 75th Legislature, 1997; and the repeal of sec.sec.29.1, 29.2, 29.3, 29.6, 
29.7, 29.12, 29.31, 29.32 concerning service retirement eligibility and benefits 
and beneficiary entitlements and benefits. Sections 29.1, 29.2, 29.3, 29.6, 
29.7, 29.12, 29.31, 29.32, 29.62, and 29.64 are adopted without changes to the 
proposed text published in the July 22, 1997 issue of the Texas Register (22 
TexReg 6845-6847) and will not be republished. 
The justification for the amendment to sec.29.13 is to delete old language that 
is in conflict with new law on beneficiary changes and retain the ability for a 
retiree to make a change for survivor benefits. The new sec.29.62 provides that 
participation in the deferred retirement option plan (DROP) continues during 
periods of unemployment. The initially selected period for participation is not 
extended by periods of unemployment and the new sec.29.64 clarifies that 
retirement with TRS is required for distribution and that retirement with the 
Employees Retirement System using TRS service will not trigger distribution of 
the DROP. The repeal of sec.sec.29.1, 29.2, 29.3, 29.6, 29.7, 29.12, 29.31, and 
29.32 is necessary as these rules are no longer needed as they repeat old or 
current law. 
The effect will be to provide TRS with clear guidance on beneficiary changes by 
a retiree and so that TRS will know how to administer the DROP distribution and 
be able to handle periods of unemployment. The system will have guidelines on 
retirement situations. The deleted rules will help clean up the TRS rules as 
those unneeded rules will no longer exist. 
Comments regarding sec.29.62 were received from the Texas Association of School 
Administrators (TASA) through Executive Director Johnny L. Veselka who asked 
that it be made clear that employer and employee contributions would not be due 
during periods of unemployment. The law seems clear and will be interpreted in 
that manner. 
Comments regarding sec.29.64 were received from TASA requesting that a TRS 
member who transferred and retired with ERS be allowed to receive DROP 
distributions. The law and legislative intent is contrary. 

Retirement
34 TAC sec.sec.29.1, 29.2, 29.3, 29.6, 29.7, 29.12
The repeals are adopted under the Government Code, Chapter 825, sec.825.102 
which provides the Board of Trustees of the Teacher Retirement System with the 
authority to adopt rules for the administration of the funds of the retirement 
system. 
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 28, 1997.
TRD-9711424
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Effective date: September 17, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 370-0592

34 TAC sec.29.11
The Teacher Retirement System of Texas (TRS) adopts an amendment to sec.29.11, 
concerning actuarial tables which are adopted by reference and will be used for 
early age retirement, retirement options, and disability retirement. Section 
29.11 is adopted without changes to the proposed text that was published in the 
July 22, 1997 issue of the Texas Register (22 TexReg 6845). The text will not be 
republished. The 75th Legislature, 1997 authorized a rule of 80 for retirements 
necessitating the adoption of new actuarial tables for early age reduction. In 
addition, the Board of Trustees adopted new actuarial assumption rates for 
mortality tables. The board delayed adopting new option factor tables until this 
time so that all changes could be made in concert with changes that the 
legislature might have made. New option factor tables are also needed for TRS. 
Tables for both service and disability retirements are needed. The new factor 
tables will be applied to those retiring after September 1, 1997. There will be 
no reduction in actual benefits for any retiree. 
The justification for TRS to adopt this rule is to ensure that TRS complies with 
new law and to ensure that the cost of options will be more fairly passed 
through to the retirees. 
No comments were received on this proposal. 
The amendments are adopted under the Government Code, Chapter 825, sec.825.102, 
which provides the Board of Trustees of the Teacher Retirement System with the 
authority to adopt rules for the administration of the funds of the retirement 
System and sec.825.105, which authorizes the board to adopt actuarial tables for 
benefit calculation. 
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 28, 1997.
TRD-9711423
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Effective date: September 17, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 370-0592

34 TAC sec.29.13
The amendments are adopted under the Government Code, Chapter 825, sec.825.102 
which provides the Board of Trustees of the Teacher Retirement System with the 
authority to adopt rules for the administration of the funds of the retirement 
system.
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 28, 1997.
TRD-9711422
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Effective date: September 17, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 370-0592

Death Before Retirement
34 TAC sec.29.31, sec.29.32
The repeals are adopted under the Government Code, Chapter 825, sec.825.102 
which provides the Board of Trustees of the Teacher Retirement System with the 
authority to adopt rules for the administration of the funds of the retirement 
system. 
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 28, 1997.
TRD-9711421
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Effective date: September 17, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 370-0592

Deferred Retirement Option Plan
34 TAC sec.29.62 sec.29.64
The new sections are adopted under the Government Code, Chapter 825, sec.825.102 
which provides the Board of Trustees of the Teacher Retirement System with the 
authority to adopt rules for the administration of the funds of the retirement 
system. In addition, House Bill 2644 passed the 75th Legislature, 1997, provided 
authority in the Government Code, sec.824.804 for the Board of Trustees to 
determine the number and frequency of installment payments under the Deferred 
Retirement Option Plan. 
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 28, 1997.
TRD-9711420
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Effective date: September 17, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 370-0592

CHAPTER 51.General Administration
Charges for Public Information
34 TAC sec.51.5
The Teacher Retirement System of Texas (TRS) adopts the repeal of sec.51.5, 
concerning charges for public information without changes to the proposed repeal 
in the July 22, 1997 issue of the Texas Register (22 TexReg 6847) and therefore 
will not be published. Justification of the change is compliance with Texas law 
on charges for public information as that law was enacted in the recently 
concluded session. New law enacted in House Bill. 951 by the 75th Legislature, 
1997 gives the General Service Commission the authority to set rates for charges 
for public information. 
The section is obsolete and unnecessary language will be deleted. 
No comments were received regarding adoption of this repeal. 
The repeal is adopted under the Government Code, Chapter 825, sec.825.102 which 
provides the Board of Trustees of the Teacher Retirement System with the 
authority to adopt rules for the administration of the funds of the retirement 
system. 
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 28, 1997.
TRD-9711418
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Effective date: September 17, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 370-0592

TITLE 43. TRANSPORTATION
PART I. Texas Department of Transportation
CHAPTER 1. Management
SUBCHAPTER G. Donations
43 TAC sec.sec.1.500-1.505
The Texas Department of Transportation adopts amendments to sec.sec.1.500-1.505, 
concerning donations, without changes to the proposed text as published in the 
July 8, 1997, issue of the Texas Register (22 TexReg 6417) and will not be 
republished. 
Government Code, Chapter 2255, requires a state agency which is authorized by 
statute to accept money from a private donor to adopt rules governing the 
relationship between the donor, the agency, and the agency's employees. Current 
statutes authorize the department to accept donations only for the purpose of 
performing the department's functions and duties relating to mass 
transportation, travel information, aeronautics, memorial markers, and traffic 
safety. 
Section 1.08, Senate Bill 370, 75th Legislature, 1997, authorizes the department 
to accept donations for any of its functions and duties. 
Senate Bill 145, 75th Legislature, 1997, provides that a state agency may accept 
a gift valued at $500 or more only if the agency's governing body accepts the 
gift in an open meeting. Senate Bill 145 further prohibits a state agency from 
accepting a gift from a person who is a party to a contested case before the 
agency until the 30th day after the decision in the case becomes final. 
To implement the provisions of Senate Bill 370 and Senate Bill 145 and to 
provide uniform procedures for the acceptance of donations, the commission 
deemed it necessary to adopt amendments to sec.sec.1.500-1.505 to: (1) authorize 
the department to accept donations for the purpose of performing any of the 
department's functions and duties; (2) include the acceptance of real property 
within the scope of the rules; (3) require commission approval of donations 
valued at $500 or more; (4) prohibit the acceptance of a donation from a person 
who is a party to a contested case before the department until the 30th day 
after the decision in the case becomes final; and (5) provide for the 
disposition of donated real property. 
Section 1.500 is amended to include the acceptance of real property within the 
scope of the rules. 
Section 1.501 is amended to redefine the term executive director. 
Section 1.502 is amended to authorize the department to accept gifts and 
donations for the purpose of performing any of the department's functions and 
duties. 
Section 1.503 is amended to describe the conditions under which the department 
will approve the acceptance of an authorized gift or donation, including the 
requirement that the commission approve donations valued at $500 or more. The 
amendment will also prohibit the acceptance of a donation from a person who is a 
party to a contested case before the department until the 30th day after the 
decision in the case becomes final. 
Section 1.504 is amended to make a technical correction to conform to the 
revision to sec.1.501. 
Section 1.505 is amended to provide for the disposition of real property.
No comments were received on the amendments. 
The amended sections are adopted under Transportation Code, sec.201.101, which 
provides the Texas Transportation Commission with the authority to promulgate 
rules for the conduct of the work of the Texas Department of Transportation, and 
more specifically, Government Code, Chapter 2255, which requires a state agency 
which is authorized by statute to accept money from a private donor to adopt 
rules governing the relationship between the donor, the agency, and the agency's 
employees. 
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 September 3, 1997.
TRD-9711604
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: September 23, 1997
Proposal publication date: July 8, 1997
For further information, please call: (512) 463-8630

CHAPTER 15. Transportation Planning and Programming
SUBCHAPTER E. Federal, State, and Local Participation
43 TAC sec.15.52, sec.15.56
The Texas Department of Transportation adopts amendments to sec.15.52 and 
sec.15.56, concerning federal, state and local participation, without changes to 
the proposed text as published in the July 8, 1997, issue of the Texas Register 
(22 TexReg 6422) and will not be republished. 
The amended sections are necessary to update and clarify the applicable rules 
implementing state and federal laws and regulations concerning the funding of 
highway improvement projects and to update and clarify the extent of cost 
participation by governmental units in the development of highway improvement 
projects to be used as the basis of an agreement between the department and a 
local government. 
Transportation Code, sec.222.051 authorizes a local government to finance the 
construction of an approved project for the state highway system. Transportation 
Code, sec.222.052 authorizes a local government to contribute funds to be spent 
by the Texas Transportation Commission in the development and construction of 
the public roads and the state highway system within the local government. 
Pursuant to these sections, the department requires a local government to enter 
into a cost participation agreement with the department related to a highway 
improvement project. Under these agreements, pursuant to the direction of the 
Office of the Governor, the department recovers its indirect costs related to a 
highway improvement project. Government Code, Chapter 2106 requires each state 
agency to recover its indirect costs when it charges a fee for a service it 
provides. In accordance with recently enacted Senate Bill 1661, 75th 
Legislature, 1997, the executive director may waive the collection of indirect 
costs. 
The Office of the Governor has recently agreed with the department's 
interpretation that indirect cost recovery is not required in most local cost 
participation agreements. In the department's opinion, Chapter 2106 does not 
require indirect cost recovery from local government entities with which the 
department has entered into a cost participation agreement related to a highway 
improvement project under Transportation Code, Chapter 223, or any other 
federal-aid transportation project. In most highway improvement projects the 
department is not providing a service to local government entities. The 
department is required under federal and state law to expend funds for the 
improvement of the state highway system, and is required to be involved in 
certain off-system projects in order to qualify for federal funding. In those 
instances in which the project is off the state highway system and federal 
funding is not involved, or the project does not involve an integral part of the 
state transportation system, such as a ramp to provide improved access to a 
business, the department should recover its indirect costs, since the department 
is providing a service and is charging a fee. 
Section 15.52 is amended to change the required provisions of cost participation 
agreements that the department and local governments enter into when a local 
government is responsible for providing financial assistance for a highway 
improvement project. As amended, the standard funding arrangement in these 
agreements no longer requires a local government to be responsible for indirect 
costs incurred by the department. The standard funding arrangement in the 
agreement requires a local government to be responsible for all, or a specified 
percentage, of the direct costs incurred by the department for preliminary 
engineering, construction engineering, construction, and right of way, as well 
as the direct costs for any work included which is ineligible for federal or 
state participation. The amendments also update agreement requirements by 
deleting a condition for approval of the alternate firm fixed price funding 
arrangement. Currently, a fixed price funding arrangement cannot be approved if 
incremental payments are requested. It has been determined that this provision 
may place a hardship on the local governments, particularly when they are 
providing more funding participation than that required under the standard 
funding arrangement. 
Section 15.56 is amended to no longer require the collection of indirect costs 
for transportation improvement projects that are carried out in cooperation with 
local governments except in the case of service projects. Service projects, 
added by the amendments, are highway improvement projects requested by a local 
government which provide limited benefits to the general traveling public. These 
projects are not an integral part of the state transportation system and 
primarily provide new or improved access to abutting property.
Accordingly, the department in these instances is providing a service and 
charging a fee. Since the recently enacted Senate Bill 1661, 75th Legislature, 
1997, allows the executive director to waive the collection of indirect costs, 
sec.15.56 is further amended to establish the criteria by which the executive 
director will consider waiving the collection of indirect costs by the 
department for a service project and specifying the costs to be collected by the 
department if a local government entity withdraws from a project after the 
agreement is executed. 
No comments were received on the amendments. 
The amendments are adopted under Transportation Code, sec.201.101, which 
provides the Texas Transportation Commission with the authority to establish 
rules for the conduct of the work of the Texas Department of Transportation.
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 September 3, 1997.
TRD-9711605
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: September 23, 1997
Proposal publication date: July 8, 1997
For further information, please call: (512) 463-8630

CHAPTER 31. Public Transportation
The Texas Department of Transportation adopts amendments to sec.31.3, 
definitions, and new sec.sec.31.60-31.65, concerning rail safety oversight 
program, without changes to the proposed text as published in the July 8, 1997, 
issue of the Texas Register (22 TexReg 6425) and will not be republished.
These actions are necessary to conform to statutory changes and were 
simultaneously adopted on an emergency basis. 
Title 49, United States Code, sec.5330, and Title 49, Code of Federal 
Regulations, Part 659, requires the state to oversee the safety and security 
practices of rail fixed guideway public transportation systems. Title 49, Code 
of Federal Regulations, Part 659, required the state rail safety oversight 
program to be established by January 1, 1997, and authorized the administrator 
of the Federal Transit Authority to withhold funding beginning after September 
30, 1997, if the state is not in compliance with the regulations. Senate Bill 
735, 75th Legislature, 1997, effective May 31, 1997, added Transportation Code, 
sec.455.005, authorizing the department to oversee the safety and security 
practices of rail fixed guideway public transportation systems. The amendments 
to sec.31.3, definitions, add words and terms used in new sec.sec.31.60-31.65, 
concerning rail safety oversight program. 
New sec.31.60 provides the purpose of the rules which is to comply with Title 
49, United States Code, sec.5330 and Transportation Code, Chapter 455.005, which 
requires the commission to establish standards for and implement state oversight 
of safety and security practices of rail fixed guideway systems.
New sec.31.61 requires local rail transit agencies to: develop and submit to the 
department system safety program plans; report accidents and unacceptable 
hazardous conditions to the department within specified time periods and submit 
investigatory reports to the department; conduct annual internal safety audits 
in accordance with American Public Transit Association guidelines and submit a 
written report to the department; minimize, control, correct, or eliminate 
investigated unacceptable hazardous conditions; assist the department, or its 
agent, in conducting on-site investigations and triennial safety reviews; and 
submit required reports and annual certification of compliance to the 
department. 
New sec.31.62 requires the department or its agent to review: the system safety 
program plans and approve them or specify what changes must be made; the rail 
transit agency's finding of probable cause for an accident or unacceptable 
hazardous condition and approve the findings or conduct an independent 
investigation; the rail transit agency's plan to minimize, control, correct, or 
eliminate any investigated accident; and the rail transit agency's annual safety 
audit. The section also requires the department to conduct an on-site safety 
review of the rail transit agency at least every three years to determine the 
efficacy of the system safety program plan and submit required reports to the 
Federal Transit Administration. 
New sec.31.63 provides that data collected, security plans, or reports, relating 
to system security are confidential and not subject to public disclosure. The 
section also provides that any investigative or security report may not be 
admitted in evidence or used in litigation unless the department initiates the 
action. 
New sec.31.64 authorizes a rail transit agency to use a contractor to carry out 
certain functions. 
New sec.31.65 establishes initial and annual deadlines for rail transit agencies 
to submit reports, plans, and certifications to the department.
No comments were received on the amendments and new sections. 

SUBCHAPTER A. General
43 TAC sec.31.3
The amendment is adopted under Transportation Code, sec.201.101, which provides 
the Texas Transportation Commission with the authority to establish rules for 
the conduct of the work of the Texas Department of Transportation, and more 
specifically Transportation Code, sec.455.055 which authorizes the department to 
oversee state rail safety. 
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 September 3, 1997.
TRD-9711606
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: September 23, 1997
Proposal publication date: July 8, 1997
For further information, please call: (512) 463-8630

SUBCHAPTER F. Rail Safety Oversight Program
43 TAC sec.sec.31.60-31.65
The new sections are adopted under Transportation Code, sec.201.101, which 
provides the Texas Transportation Commission with the authority to establish 
rules for the conduct of the work of the Texas Department of Transportation, and 
more specifically Transportation Code, sec.455.055 which authorizes the 
department to oversee state rail safety. 
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 September 3, 1997.
TRD-9711607
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: September 23, 1997
Proposal publication date: July 8, 1997
For further information, please call: (512) 463-8630