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 62.Sexual Assault Prevention and Crisis Services 
(Editor's Note: Effective September 1, 1997, the Sexual Assault Prevention and 
Crisis Services Program moved from the Texas Department of Health, Title 25, 
Part I, Chapter 89, Preventive Health and Health Services to the Office of the 
Attorney General, Title 1, Part III, Chapter 62, Sexual Assault Prevention and 
Crisis Services. 
The 75th Legislature enacted House Bill Number 2561 which transfers the Sexual 
Assault Prevention and Crisis Services Program to the Office of the Attorney 
General, and recodifies what was Chapter 44 of the Health and Safety Code, which 
governed the program, to Chapter 420 of the Government Code. The newly-enacted 
sec.420.004(b) of the Government Code provides that the Attorney General may 
adopt rules relating to assigning services areas, monitoring services, 
distributing funds, and collecting information from programs in accordance with 
this chapter.
The Texas Register is administratively transferring the following rules listed 
in the conversion chart published in this issue under the Tables and graphics 
section. The table lists the old rule numbers and the new rule numbers that 
corresponds to them.)
Figure: 1 TAC 62

PART IV. Office of the Secretary of State
CHAPTER 91.Texas Register
The Office of the Secretary of State adopts the repeal of sec.sec.91.111-91.113, 
concerning the publication schedule, and new sec.91.3 and sec.91.5, concerning 
publication days and deadlines. The new sections are adopted with changes to the 
proposed text as published in the July 29, 1997, issue of the Texas Register (22 
TexReg 6991). 
In sec.91.3, the publication frequency will be 52 issues yearly excluding 
indexes. The Secretary of State will publish one issue of the Texas Register 
each Friday for rules and other documents. The quarterly and annual indexes will 
be in addition to regular weekly issues of the Texas Register. In the proposed 
version of this rule, indexes were included in the 52 issues per year. 
In sec.91.5(a) the filing deadline will be Monday for rules and Wednesday for 
other documents. When a state holiday falls on Monday or Wednesday, the deadline 
will be the day before Monday or Wednesday that is not a Saturday, Sunday, or 
state holiday. The proposed version of the rule did not clearly specify the 
filing deadline in the event that a state holiday falls on the regular filing 
day. 
The repeals and new rules are in response to Senate Bill 1177, as adopted by the 
75th Legislature, which authorizes the Secretary of State to publish the Texas 
Register 52 times per year instead of 100. The filing days are changing to 
provide additional time for the Texas Register to prepare documents for 
publication and to provide the printer 48 hours instead of 24 hours to print and 
distribute the publication. The additional time is expected to increase 
competition for the printing bids. The Secretary of State proposed more rules 
(22 TexReg 6991) concerning publication of the Texas Register, which will be 
adopted in a later issue.
Two state agencies commented on proposed sec.91.3 and sec.91.5. 
The Texas General Land Office (GLO) commented in opposition to proposed 
sec.91.3, because the rule limits the Texas Register to 52 issues per year. The 
GLO suggested revising the rule to read, "The Texas Register publishes not less 
than 52 yearly issues." The proposed language prevents the publication of 
additional issues. The Secretary of State agrees with GLO that the wording 
limits the number of issues to 52 yearly. That is the intent of the rule. The 
Secretary of State must inform the U.S. Postal Service of the number of issues 
to be published in advance. The Secretary of State agrees with the GLO that the 
52 issues per year should not include the indexes to the Texas Register. In the 
adopted version of the rule, indexes are not counted among the 52 issues. 
The Public Utility Commission (PUC) suggested that the Texas Register publish a 
regular issue, containing rules and other agency documents, during the weeks 
that Texas Register indexes are published. The PUC commented that publication of 
an index in lieu of a weekly Texas Register would mean a 14-day publication 
delay that would be burdensome for state agencies trying to comply with 
statutory rulemaking requirements. The Secretary of State agrees that the 52 
issues per year should not include the indexes to the Texas Register. 
The GLO requested clarification to sec.91.5 about the filing deadline when the 
usual deadline falls on a holiday. The Secretary of State has added language to 
specify the filing day for occasions when the usual filing day is a state 
holiday. 
The PUC commented in opposition to proposed sec.91.5, and suggested that the 
filing deadline should remain on Wednesday and Monday for a Friday issue of the 
Texas Register. The PUC said the proposed new deadlines would add to the burden 
of state agencies and delay publication of rules and miscellaneous notices. The 
Secretary of State does not wish to add to the burden of state agencies, and 
will consider restoring the old deadlines if and when the number of rules filed 
by state agencies begins to decline. 

SUBCHAPTER A.Administrative
1 TAC sec.91.3, sec.91.5
The new sections are adopted under the Government Code, Chapter 2002, Subchapter 
B, sec.2002.017, which provides the Secretary of State with the authority to 
promulgate rules consistent with the code. 

sec.91.3.Days of Publication.
The Texas Register publishes 52 issues yearly excluding indexes. Friday is the 
day of publication.

sec.91.5.Deadlines.
(a) Rules: 12:00 noon, Monday, the week before publication. Miscellaneous 
documents and open meetings: 12:00 noon, Wednesday, the week before publication. 
When a state holiday falls on Monday or Wednesday, the deadline will be the day 
before Monday or Wednesday that is not a Saturday, Sunday, or state holiday. 
(b) We will notify agencies in advance of any changes that occur in the deadline 
and publication schedule by publishing a notice in the "In Addition" section of 
the Texas Register.
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 4, 1997.
TRD-9711857
Clark Kent Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 29, 1997
Proposal publication date: July 29, 1997
For further information, please call: (512) 463-5561

Publication Schedule
1 TAC sec.sec.91.111-91.113
The repeals are adopted under the Government Code, Chapter 2002, Subchapter B, 
sec.2002.017, which provides the Secretary of State with the authority to 
promulgate rules consistent with the code. 

sec.91.111.Days of Publication.
sec.91.112.Indexes, TAC Titles Affected, and Cross-Index to Statute 
Publications.
sec.91.113.Deadlines.
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 4, 1997.
TRD-9711856
Clark Kent Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 29, 1997
Proposal publication date: July 29, 1997
For further information, please call: (512) 463-5561

TITLE 4. AGRICULTURE
PART III. Texas Feed and Fertilizer Control Service
CHAPTER 61.Feed
General Provisions
4 TAC sec.61.1
The Office of the Texas State Chemist, Feed and Fertilizer Control Service, 
adopts an amendment to 4 TAC: Chapter 61, Commercial Feed Rules sec.61.1, 
concerning definitions, without changes to the proposed text as published in the 
April 25, 1997 issue of the Texas Register (22 TexReg 3689).
The amendment is necessary to provide clarification of terms used in succeeding 
sections which deal with the labeling and distribution of corn and cottonseed 
products which have been ammoniated to minimize aflatoxin contamination. The 
purpose of the amendment sets forth the requirements for the ammoniation of 
cottonseed. 
There were general comments on the proposed amendment as well as specific 
suggestions. The respondent recommended the Feed and Fertilizer Control Service 
(Service) not tie itself to a specific method of control in establishing rules 
of ammoniation and blending of aflatoxin-contaminated corn, cottonseed meal and 
cottonseed. Instead, the Service should have authority to approve methods for 
ammoniating which have proven to effectively reduce aflatoxin contamination. 
With regard to defining ammoniated corn and ammoniated cottonseed, the Service 
did not restrict itself except to indicate that pressure must be used. The 
Service believes that past experience in ammoniating both corn and cottonseed 
shows that pressure and ammoniation provide a more effective process and a more 
consistent product; however, conditions of pressure and temperature are not 
specified and the Service is prepared to examine data which would support any 
temperature and pressure combination which produces an appropriate product. 
Ammoniated cottonseed meal is a product specifically defined by the Association 
of American Feed Control Officials. The Texas Feed Control Law, sec.141.004 
requires, "To the extent practical, rules that define and establish minimum 
standards for commercial feed must be in harmony with the official standards of 
the Association of American Feed Control Officials." There is no evidence to 
suggest that the Service should deviate from this particular definition as one 
comment suggests. Indeed, to do so would make it difficult for feed 
manufacturers who choose to use ammoniated cottonseed meal to distribute their 
products in other states. 
The amendment is adopted under Texas Agriculture Code, Chapter 141, sec.141.004 
which provides the Feed and Fertilizer Control Service with the authority to 
adopt rules relating to the distribution of commercial feeds. 
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-9711663
Dr. George W. Latimer, Jr.
Texas State Chemist
Texas Feed and Fertilizer Control Service
Effective date: September 23, 1997
Proposal publication date: April 25, 1997
For further information, please call: (409) 845-1121 ext. 124

Labeling
4 TAC sec.61.22
The Office of the Texas State Chemist, Feed and Fertilizer Control Services, 
adopts an amendment to 4 TAC: Chapter 61, Commercial Feed Rules sec.61.22, 
concerning labeling of commercial feed without changes to the proposed text as 
published in the April 25, 1997 issue of the Texas Register (22 TexReg 3690). 
The amendment is necessary to prescribe labels required on ammoniated corn and 
cottonseed and on mixed feeds containing ammoniated corn and cottonseed. It is 
also to add a section requiring label warning on copper-containing sheep and 
goat feeds. 
This rule will provide better management in the use and disposition of 
aflatoxin-containing grains and oilseeds. It also lessens the chance that sheep 
and goats, particularly lambs and kids, will be injured or killed by levels of 
copper above 25 ppm in feeds formulated with recycled animal waste products as 
ingredients. 
No comments were received regarding the adoption of the amendment. 
The amendment is adopted under Texas Agriculture Code 141, sec.141.004 which 
provides the Texas Feed and Fertilizer Control Service with the authority to 
adopt rules relating to the distribution of commercial feeds. 
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-9711664
Dr. George W. Latimer, Jr.
Texas State Chemist
Texas Feed and Fertilizer Control Service
Effective date: September 23, 1997
Proposal publication date: April 25, 1997
For further information, please call: (409) 845-1121 ext 124

Adulterants
4 TAC sec.61.65
The Office of the Texas State Chemist, Feed and Fertilizer Control Service 
adopts new 4 TAC: Chapter 61, Commercial Feed Rules sec.61.65, under the 
undesignated head of Adulterants concerning General Provisions for Ammoniating 
Aflatoxin-Contaminated Corn, Cottonseed, and/or Cottonseed Meal with changes to 
the proposed text as published in the April 25, 1997 issue of the Texas Register 
(22 TexReg 3691).
The new rule is necessary to assure that appropriate ammoniation and blending 
conditions are used to minimize the level of aflatoxin contamination in corn and 
cottonseed. 
The new rule will help ensure the availability of new channels of trade for 
aflatoxin-contaminated grains and a reduction in the possibility of contaminated 
product being sold in unauthorized ways. 
The first change to the text is editorial and is in sec.61.65(a) -- the word 
"cause" has been changed to "causes." 
Both general and specific comments were received regarding adoption of the new 
rule. Consistent with his comments to sec.61.1, the respondent felt that methods 
for ammoniation did not leave the Service with flexibility to approve new 
methods. To some extent the Service agrees and has amended sec.61.65(c)(1); 
however, as noted in response to comments in sec.61.1, the Service believes that 
the effectiveness of the ammoniation process depends upon a number of 
interdependent factors and HT/HP conditions consistently produce a better 
product. Also, temperature in paragraph (1) has been changed to "80 degrees 
centigrade" to follow Texas Register format. 
The respondent suggested that testing requirements not be required before and 
after ammoniation if the "product has been tested at some point before 
ammoniating, and if the product will be tested when labeled or sold. Testing is 
costly and could eliminate any profit margins if the product had to be tested 
possibly three or more times." There is no requirement in the rule that either 
corn or cottonseed be tested more than once either before or after ammoniation; 
however often the ammoniator tests, he/she is obligated to provide product which 
is properly labeled and is less than 300 ppb. Beforehand, testing is necessary 
to ensure product to be ammoniated is less than 1000 ppb and final testing is 
necessary after to ensure the ammoniated product is accurately represented by 
its label since even under the best of conditions, ammoniation does not 
necessarily destroy 100% of the aflatoxin present. Equally importantly, if 
product is held for any length of time under less than ideal conditions, the 
fungi may reinfect the ammoniated product and the aflatoxin level may rise to 
unacceptable levels. The Arizona Department of Agriculture requires retesting of 
ammoniated cottonseed product if held by the ammoniator for more than 90 days. 
The Office believes this is an appropriate precaution and has so amended 
sec.61.65(e). 
The Service acknowledges testing is costly and could prove burdensome under the 
circumstances, but if the cost is less than the cost of destroying the product, 
the individual gains; if it is not, he/she will destroy the grain. However, this 
cost must be weighed against the cost both to the distributor and to the 
consumer, particularly the dairy industry, of feeding contaminated product. 
The new section is adopted under Texas Agriculture Code 141, sec.141.004 which 
provides Texas Feed and Fertilizer Control Service with the authority to adopt 
rules relating to the distribution of commercial feeds.

sec.61.65 General Provisions for Ammoniating Aflatoxin-Contaminated Corn, 
Cottonseed, and/or Cottonseed Meal 
(a) The provisions of the section apply to all facilities and equipment used in 
the ammoniation and shall also govern those instances in which failure to adhere 
to these practices causes ineffective treatment of the product. In such cases, 
the product is adulterated within the meaning of sec.141.148 of the Texas 
Commercial Feed Control Act. 
(b) In addition to these provisions, the distributors of ammoniated products 
shall comply with any and all other provisions of the Texas Feed Rules and the 
Law. 
(c) The general process used for aflatoxin decontamination of: 
(1) corn shall involve high pressure/high temperature (HP/HT) process involving 
the addition of ammonia (gaseous or in solution) and water in a contained 
vessel. The temperature in the reactor must rise to at least 80 degrees 
centigrade; 
(2) cottonseed shall involve the same parameters as corn, but the reaction time 
must be 2 hours. 
(d) A specific process shall be approved by the Service prior to distribution of 
any product. 
(e) Aflatoxin concentrations shall be measured before and after ammoniation of 
each batch or production run by collecting a representative sample, preparing 
the sample for analysis, and analyzing the total amount for aflatoxins. If the 
ammoniator holds product for 90 days, the product must be retested before 
distribution. 
(f) Processors shall keep records to ensure that the appropriate procedures were 
followed. 
(g) Ammoniated corn, ammoniated cottonseed, and ammoniated cottonseed meal are 
ingredients separate and distinct from corn and cottonseed themselves and, as 
such, the label shall bear: 
(1) the common name term "ammoniated" preceding the ingredient name as required 
by the Act and the Commercial Feed Rules for any distinct ingredient; 
(2) the amount of non-protein nitrogen (NPN); 
(3) the level of aflatoxin after treatment regardless of level; and 
(4) in addition to any other requirement of the Act or Rules, the statements: 
"WARNING: NOT FOR HUMAN USE; FEED TO RUMINANTS ONLY. NOT FOR INTERSTATE 
SHIPMENT." 
(h) Each facility distributing ammoniated corn, ammoniated cottonseed, or 
ammoniated cottonseed meal must also have in its possession and provide on 
reasonable request a certificate indicating either 
(1) its ammoniation process has been approved by the Service, or 
(2) that the firm providing ammoniation has been approved by the Service. 
(i) Each facility must provide to the Service on reasonable request a record 
showing the name of the buyer, the amount of ammoniated product sold to each 
buyer during the last two years, and the aflatoxin levels before and after 
ammoniation. 
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-9711665
Dr. George W. Latimer, Jr.
Texas State Chemist
Texas Feed and Fertilizer Control Service
Effective date: September 23, 1997
Proposal publication date: April 25, 1997
For further information, please call: (409) 845-1121 ext. 124

4 TAC sec.61.66
The Office of the Texas State Chemist, Feed and Fertilizer Control Service 
adopts new 4 TAC: Chapter 61, Commercial Feed Rules sec.61.66, under the 
undesignated head of Adulterants concerning General Provisions for Blending 
Aflatoxin-Contaminated Corn or Cottonseed, with changes to the proposed text as 
published in the May 23, 1997 issue of the Texas Register (22 TexReg 4407). 
The new rule is necessary to assure that appropriate ammoniation and blending 
conditions are used to minimize the level of aflatoxin contamination in corn and 
cottonseed. 
The new rule will help ensure the availability of new channels of trade for 
aflatoxin-contaminated grains and a reduction in the possibility of contaminated 
product being sold in authorized ways. 
No comments were received regarding the adoption of the new rule. 
The only change is a typographical error which falls in the fist sentence under 
subsection (a) -- it replaces the word "provision" with "provisions."
The new rule is adopted under Texas Agriculture Code 141, sec.141.004 which 
provides Texas Feed and Fertilizer Control Service with the authority to adopt 
rules relating to the distribution of commercial feeds. 

sec.61.66 General Provisions for Blending Aflatoxin-Contaminated Corn or 
Cottonseed 
(a) The provisions of this section apply to the blending of whole grain or seed 
containing no more than 500 ppb aflatoxin and shall also govern instances in 
which failure to adhere to the practices results in inappropriate levels of 
aflatoxin. In the latter case the product is adulterated within the meaning of 
sec.141.148 of the Texas Commercial Feed Control Act (Law).
(b) In addition to these provisions, the distributors of blended corn shall 
comply with any and all other provisions of the Texas Feed Rules and Law. 
(c) The general process used for blending aflatoxin-containing grain shall 
consist of: 
(1) cleaning the grain; 
(2) blending the grain or seed with the same grain or seed containing no less 
than 20 ppb aflatoxin. 
(d) Processors shall measure the aflatoxin levels of all grains used in blending 
before blending as well as the aflatoxin level of the resulting blend on a 
representative sample. 
(e) Each facility must provide to the Service on reasonable request its records 
of blending and testing. 
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-9711666
Dr. George W. Latimer, Jr.
Texas State Chemist
Texas Feed and Fertilizer Control Service
Effective date: September 23, 1997
Proposal publication date: May 23, 1997
For further information, please call: (409) 845-1121 ext. 124

TITLE 7. BANKING AND SECURITIES
PART IV. Texas Savings and Loan Department
CHAPTER 79.Miscellaneous
Fees and Charges
7 TAC sec.79.105
The Finance Commission of Texas adopts amendments to 7 TAC 79.105 regarding fees 
for conversion into a state savings bank. 
When the Texas Savings Bank Act was enacted in 1993, the Department set its fees 
for conversion to a state savings bank high to ensure its ability to immediately 
establish an effective examination staff when new institutions joined the state 
chartered system. It is now possible to reduce these fees to a level more 
consistent with other Department fees and similar fees charged by other 
financial institution regulatory agencies. The fees adopted more accurately 
reflect the Department's costs for processing a conversion application such as 
the financial analysis, examination, background checks, and supervisory reviews. 
The revised fee schedule will reduce the financial burden on the converting 
institutions, removing a potential economic impediment for smaller institutions 
who desire to convert to the state savings bank charter. It is anticipated that 
any revenues lost because of the reduced conversion application fees will be 
offset by the future assessment and application fees paid by the institutions 
converting to the state system. 
No comments were received regarding the amended section. 
The section is amended under Texas Civil Statutes, Article 342-1.013, which 
provides the Finance Commission of Texas with the authority to promulgate 
general rules and regulations not inconsistent with the constitution and 
statutes of the state and, from time to time, to amend same.
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 5, 1997.
TRD-9711946
James L. Pledger
Commissioner
Texas Savings and Loan Department
Effective date: September 29, 1997
Proposal publication date: July 8, 1997
For further information, please call: (512) 475-1350

TITLE 16. ECONOMIC REGULATION
PART IX. Texas Lottery Commission
CHAPTER 402.Bingo Regulation and Tax
16 TAC sec.402.568
The Texas Lottery Commission adopts new sec.402.568, concerning distribution of 
proceeds for charitable purposes, with changes to the proposed text published in 
the July 15, 1997 issue of the Texas Register (22 TexReg 6548). The changes are 
to correct a drafting mistake in subsection (a) and to delete the phrase 
"prevailing market conditions" in subsection (f). Subsection (a) incorrectly 
included the phrase "gross percent of" in the phrase "six percent of gross 
percent of gross receipts." The phrase "gross percent of" is eliminated. The 
agency does not believe this is a substantive charge since "gross percent of 
gross receipts" is equivalent to "gross receipts." Subsection (f) now 
contemplates, in part, the reduction or disallowance of any cost of goods 
expense item which is not reasonable and necessarily expended in connection with 
the conduct of any game of bingo.
The new section allows licensed authorized organizations to have a more accurate 
amount of net proceeds derived from the conduct of bingo available for 
distribution for charitable purposes, as contemplated by House Bill 2086, 75th 
Legislature, Regular Session. 
The new section requires licensed authorized organizations to make charitable 
distributions, defines certain terms, requires licensed distributors to furnish 
certain information to licensed authorized organizations, and authorizes the 
bingo operations director to reduce or disallow a particular cost of goods 
expense item. 
Comments were received regarding the proposed provision that allows the bingo 
operations director to reduce or disallow any cost of goods expense item which 
is not adequately supported or is not consistent with prevailing market 
conditions. Several commenters indicated that the phrase "prevailing market 
conditions" is too broad, undefined, subject to fluctuation based on the 
specific market, and, in essence, envisions or encourages ratesetting by the 
Commission. Several commenters believe the Commission has exceeded its statutory 
authority in rejecting a cost of goods expense item which is inconsistent with 
prevailing market conditions because the commenters believe pertinent provisions 
of the Bingo Enabling Act grant the Commission authority to set prices at the 
retail level but not at the wholesale level. 
One commenter objects to the requirement that the cost of goods expense item be 
"adequately supported" if the phrase "adequately supported" encompasses more 
than the enumerated items in 402.568(e) because the commenter believes there has 
been no notice of what constitutes "adequate support" for justifying a 
Commission action to reject or reduce a cost of goods expense item. 
One commenter believes the proposed requirement to furnish on all invoices the 
serial number of all disposable bingo paper sold would have an adverse effect on 
distributors and manufacturers and therefore, does not agree with the proposed 
rule's representation that there will be no effect on small businesses. This 
commenter suggests that if the Commission believes the requirement to include 
serial numbers on invoices is necessary for auditing purposes, the requirement 
should be "phased-in" over a six month period in order to enable distributors 
who do not already include the serial numbers on invoices to make the necessary 
preparations to do so. Another commenter supported the proposed requirement of 
including serial numbers on invoices. 
Commenters against certain provisions of the rule: K&B Sales, Inc. d/b/a 
Goodtime Bingo, Thompson Allstate Bingo Supply, Inc., and Bingo Interest Group. 
While the agency acknowledges that there may be an impact on distributors who do 
not already include serial number information on invoices, the agency believes 
the benefits of improved accountability and audit capabilities outweigh any 
impact of complying with this requirement. The agency also agrees with the 
commenter's suggestion that a "phase-in" period should exist. However, the 
agency believes that such a "phase-in" can occur during the time between 
adoption and an effective date for the rule of October 1, 1997. 
The agency agrees with the comments regarding the use of the phrase "prevailing 
market conditions" in subsection (f) and revises that section to read as 
follows: "The director of the bingo operations division or his designee may 
reduce or disallow any cost of goods expense item which is not adequately 
supported or is not reasonable and necessarily expended in connection with the 
conduct of any game of bingo." The agency believes that this language is more 
specific, less ambiguous, not subject to fluctuation based on the specific 
market, and is supported by the Bingo Enabling Act, sec.19(c).
The new section is adopted under Texas Civil Statutes, Article 179d, sec.16(a) 
and Texas Government Code, sec.467.102 which provide the Texas Lottery 
Commission with the authority to adopt rules for the enforcement and 
administration of the Bingo Enabling Act and the laws under the Commission's 
jurisdiction, and the Texas Government Code, Chapter 2001, which provides for 
the adoption of administrative rules.

sec.402.568.Distribution of Proceeds for Charitable Purposes.
(a) Before the end of each quarter, each licensed authorized organization shall 
disburse for charitable purposes an amount not less than 35 percent of the 
organization's adjusted gross receipts from the last preceding quarter, less the 
amount of authorized expenses not to exceed six percent of gross receipts. 
(b) If a licensed authorized organization fails to meet the requirements of this 
rule for a quarter, the commission in applying appropriate sanctions may 
consider whether, taking into account the amount required to be distributed 
during that quarter and the three preceding quarters and the charitable 
distributions for each of those quarters, the organization has distributed a 
total amount sufficient to have met the 35 percent requirement for that quarter 
and the three preceding quarters combined. 
(c) For purposes of this rule, adjusted gross receipts means gross receipts less 
the amount of cost of goods sold by an organization and the prizes paid in the 
preceding quarter. 
(d) Cost of goods sold by an organization is the actual cost of disposable bingo 
paper, instant bingo tickets, or pull-tab bingo games purchased by the 
organization in the preceding quarter. The cost of goods sold shall accurately 
reflect all discounts and returns realized by the organization. Each licensed 
authorized organization shall maintain, for a period of not less than four 
years, all invoices, credit memos, and all other supporting documentation for 
substantiating the cost of goods sold. 
(e) For all disposable bingo paper, instant bingo tickets, and pull-tab bingo 
game sales made, returns accepted, and all other transactions, each licensed 
distributor shall furnish the licensed authorized organization a detailed 
invoice, credit memo, or other document, which shall include the following 
information: 
(1) The authorized organization's name, address, and Texas taxpayer 
identification number; 
(2) The address to which the shipment was delivered;
(3) The date of sale or credit; 
(4) The quantity sold or credited; 
(5) The conditions of the sale or credit; and, 
(6) If the transaction involves disposable bingo paper:
(A) The series number and serial number; and 
(B) The cut and collation. 
(7) If the transaction involves instant bingo tickets or pull- tab bingo games: 
(A) The form number; and, 
(B) The serial/series number for each deal. Each distributor shall maintain a 
copy of the documents described in this subsection for a period of not less than 
four years. 
(f) The director of the bingo operations division or his designee may reduce or 
disallow any cost of goods expense item which is not adequately supported or is 
not reasonable and necessarily expended in connection with the conduct of any 
game of bingo. 
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 8, 1997.
TRD-9711962
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Effective date: October 1, 1997
Proposal publication date: July 15, 1997
For further information, please call: (512) 344-5123

TITLE 25. HEALTH SERVICES
PART I. Texas Department of Health
CHAPTER 89.Preventive Health and Health Services
(Editor's Note: Effective September 1, 1997, the Sexual Assault Prevention and 
Crisis Services Program moved from the Texas Department of Health, Title 25, 
Part I, Chapter 89, Preventive Health and Health Services to the Office of the 
Attorney General, Title 1, Part III, Chapter 62, Sexual Assault Prevention and 
Crisis Services. 
The 75th Legislature enacted House Bill Number 2561 which transfers the Sexual 
Assault Prevention and Crisis Services Program to the Office of the Attorney 
General, and recodifies what was Chapter 44 of the Health and Safety Code, which 
governed the program, to Chapter 420 of the Government Code. The newly-enacted 
sec.420.004(b) of the Government Code provides that the Attorney General may 
adopt rules relating to assigning services areas, monitoring services, 
distributing funds, and collecting information from programs in accordance with 
this chapter.
The Texas Register is administratively transferring the following rules listed 
in the conversion chart published in this issue under the Tables and graphics 
section. The table lists the old rule numbers and the new rule numbers that 
corresponds to them.)
Figure: 25 TAC 89

TITLE 28. INSURANCE
PART I. Texas Department of Insurance
CHAPTER 1.General Administration
SUBCHAPTER A.Rules of Practice and Procedure
28 TAC sec.1.88
The Commissioner of Insurance adopts an amendment to Chapter 1, Subchapter A, 
sec.1.88(c) concerning the filing of a written response to the notice of hearing 
in a contested case. Section 1.88 is adopted without changes to the proposed 
text as published in the July 29, 1997 issue of the Texas Register(22 TexReg 
7010) and will not be republished.
The amendment to this section is necessary to to clarify the procedural 
requirements a respondent must fulfill if a respondent elects to contest an 
administrative disciplinary action. The amendment more clearly explains the 
consequences to a person for failure either to respond to the notice of hearing 
or to appear at a hearing. Prior to adoption of the amendment, some respondents 
may not have been aware that they needed to both respond to the notice of 
hearing and appear at the hearing in order to avoid a disposition by default. 
The section as amended clarifies the statement to the respondent that is 
required to appear in the notice of hearing. This statement specifies that if a 
respondent fails to provide a written response to the notice of hearing within 
20 days of the date the notice of hearing was mailed, remedies, including 
license revocation, are available to the department staff by default. The 
statement further explains that a respondent must appear at the contested case 
hearing and provides that remedies, including license revocation, are available 
to the department staff by default if a respondent fails to appear at the 
hearing. 
No comments were received regarding adoption of the amendment to sec.1.88.
The amendment is adopted under the Insurance Code, Articles 1.10 and 1.03A; and 
the Government Code sec.2001.056 (Administrative Procedure Act). Article 1.10, 
sec.7(d) provides that the commissioner may dispose of items addressed in sec.7 
by consent order, agreed settlement, stipulations or default. Article 1.03A 
authorizes the commissioner of insurance to promulgate and adopt rules and 
regulations for the conduct and execution of the duties and functions of the 
department. The Government Code, sec.2001.056 provides that unless precluded by 
law, an informal disposition may be made of a contested case by stipulation, 
agreed settlement, consent order or default. The Government Code, sec.2001.004 
authorizes and requires each state agency to adopt rules of practice setting 
forth the nature and requirements of available procedures, and prescribe the 
procedure for adoption of rules by a state administrative agency. 
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-9711667
Carloine Scott
General Counsel and Chief Clerk
Texas Department of Insurance
Effective date: September 23, 1997
Proposal publication date: July 29, 1997
For further information, please call: (512) 463-6327

TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART I. General Land Office
CHAPTER 15.Coastal Area Planning
SUBCHAPTER A.Management of the Beach/Dune System
31 TAC sec.15.3
The General Land Office adopts amendments to sec.15.3(o), concerning the rules 
for Management of the Beach/Dune System (beach/dune rules), with changes to the 
proposed text as published in the July 25, 1997, issue of the Texas Register (22 
TexReg 6925).
Prior to the adoption of the amendments to sec.15.3(o), the procedure for 
General Land Office review and certification of local government dune protection 
and beach access plans (plans) did not include a process whereby a local 
government could request certification of a plan which did not comply with all 
requirements of the beach/dune rules. The amendments to sec.15.3(o) add a 
procedure through which local governments may request a variance from certain 
requirements of the beach/dune rules in order to address unique local needs, 
concerns, or conditions. Additional non-substantive grammatical and format 
changes to sec.15.3(o) are also adopted, such as the creation of several 
subparagraphs, to provide better organization and to facilitate easier reading. 
Under the amendments to sec.15.3(o), to obtain General Land Office certification 
of a plan or an amendment to a plan which includes a variance of a requirement 
of the beach/dune rules, a local government must submit a reasoned justification 
that demonstrates that the goals and policies of the beach/dune rules will be 
satisfied. The reasoned justification must include an analysis of how the 
requested variance will not lessen the level of protection provided under the 
beach/dune rules for dunes, dune vegetation, and public access to and use of the 
public beaches. The reasoned justification must also include an explanation of 
the public interests that will be advanced by the requested variance. The 
General Land Office may return a request for a variance to a local government if 
the reasoned justification is incomplete or inadequate, thereby tolling the 60-
day deadline for certification of the request as provided in sec.61.015(b) of 
the Open Beaches Act. 
Comments on the proposed rule were received from the Office of the Attorney 
General and the Texas Department of Transportation (TxDOT). The Office of the 
Attorney General requested that a third clause be added to sec.15.3(o)(6)(A) 
specifying that a plan or a plan amendment containing a variance may be 
certified if it advances the public interest. The General Land Office agrees 
that the sec.15.3(o)(6)(A) should require that a local government demonstrate 
that a requested variance will advance public interests. Section 15.3(o)(6)(A) 
has been modified in response to this comment. 
TxDOT expressed concern regarding the example in the preamble to the proposed 
rule of an unacceptable request for a variance relating to the prohibitions on 
constructing bulkheads or other hard structures under sec.15.5(c) and 
sec.15.6(c). TxDOT stated that these provisions appear to prohibit projects such 
as the Sargent Beach Erosion project which included the construction of an 8-
mile seawall designed to protect Sargent Beach, the Gulf Intracoastal Waterway, 
and wetlands on the mainland side of the waterway. TxDOT's comment is 
principally directed to the provisions of sec.15.5(c) and sec.15.6(c) which were 
not proposed for amendment and which were cited in the preamble for illustrative 
purposes only. Furthermore, the Sargent Beach Erosion project is a federal 
project and, as noted in the February 1993 adoption preamble to the beach/dune 
rules, "federal agencies are exempt from the Texas beachfront construction 
certification requirement by virtue of the supremacy clause of the U.S. 
Constitution, Article VI, clause 2, unless otherwise required to comply with 
local government plans pursuant to a federal statute" such as the Coastal Zone 
Management Act, 16 U.S.C. sec.1451 et seq. 18 Tex. Reg. 661, 663 (Feb. 2, 1993). 
Federal projects such as the Sargent Beach Erosion project are, however, 
required to be certified as consistent with the goals and policies of the Texas 
Coastal Management Program. See 31 TAC Chapters 501 and 506. No change was made 
in response to this comment. 
Additional editorial changes that do not alter the content of sec.15.3(o)(6) 
have been made to clarify meaning and to correct grammatical errors. 
The General Land Office has prepared a takings impact assessment for the 
adoption of this amendment and determined that adoption of this amendment will 
not result in a taking of private real property. To receive a copy of the 
takings impact assessment, please send a written request to Ms. Sylvia Sissom, 
Texas General Land Office, Legal Services Division, 1700 North Congress Avenue, 
Room 626, Austin, Texas 78701-1495, facsimile number (512) 463-6311.
The amendments to sec.15.3(o) are subject to the Coastal Management Program 
(CMP) and must be consistent with all applicable CMP policies. The goals and 
policies of the beach/dune rules have been determined to be consistent with the 
goals and policies of the CMP. The General Land Office has concluded that the 
amendments to sec.15.3(o) are consistent with all applicable CMP goals and 
policies because a local government's request for a variance of any provision of 
the beach/dune rules cannot be certified unless the General Land Office 
determines that the requested variance complies with the goals and policies of 
the beach/dune rules. No comments were received regarding the consistency of 
these amendments with the goals and policies of the CMP.
The amendments are adopted under the Texas Natural Resources Code, 
sec.sec.61.011, 61.015(b), and 63.121, which provide the General Land Office 
with the authority to identify and protect critical dune areas and to preserve 
and enhance public beach use and access; the Texas Natural Resources Code, 
sec.33.601, which provides the General Land Office with the authority to adopt 
rules on erosion; and the Texas Water Code, sec.16.321, which provides the 
General Land Office with the authority to adopt rules on coastal flood 
protection.
Texas Natural Resource Code sec.sec.61.011(d), 61.013, 61.015, 63.091, and 
63.121 are affected by this proposed amendment. 

sec.15.3. Administration.
(a)-(n) (No change.)
(o) Submission of local government plans to state agencies. Local governments 
shall submit dune protection and beach access plans to the General Land Office 
for review, comment, and certification as to compliance with this subchapter, 
the Dune Protection Act, and the Open Beaches Act and to the attorney general's 
office for review and comment. 
(1) A local government's governing body must formally approve the plan prior to 
submission to the state agencies. Prior to formally approving its plan, a local 
government may request legal and technical advice from the General Land Office 
for assistance in meeting the requirements for state agency approval. 
(2) The General Land Office shall either grant or deny certification of a local 
government's formally approved dune protection and beach access plan within 60 
days of receipt of the plan. In the event of denial, the General Land Office 
shall send the plan back to the local government with a statement of specific 
objections and the reasons for denial of certification, along with suggested 
modifications. On receipt, the local government shall revise and resubmit the 
plan for state agency review.
(3) The General Land Office shall use the same procedure for reviewing revised 
or amended plans as the procedure used for reviewing the plan originally 
submitted. 
(4) The General Land Office's certification of local government plans shall be 
by adoption into the rules authorized under the Texas Natural Resources Code, 
sec.61.011. The rules adopted by the General Land Office to certify plans will 
consist of state approval of the plans, but the text of plans will not be 
adopted by the General Land Office. 
(5) Subsequent to initial certification, local governments may amend their dune 
protection and beach access plans by submitting the proposed changes to the 
General Land Office for review, comment, and certification and to the attorney 
general's office for review and comment. 
(6) A local government may request General Land Office certification of a plan 
or a plan amendment that includes a variance regarding any requirement or 
prohibition of this chapter. 
(A) A local government requesting certification of a plan or a plan amendment 
containing a variance shall submit to the General Land Office a reasoned 
justification demonstrating how the variance will provide an equal or better 
level of protection or equal or better procedures than provided under this 
chapter. If the General Land Office determines that the reasoned justification 
for the variance is incomplete or inadequate, the General Land Office may return 
the request to the local government. 
(B) The General Land Office may certify a plan or a plan amendment containing a 
variance to the beach/dune rules if a local government demonstrates that the 
variance provision will advance the public interest and provide either or, where 
appropriate, both: 
(i) an equal or better level of protection of dunes, dune vegetation, and public 
access to and use of the public beach than provided under this chapter; or 
(ii) equal or better procedures for evaluating the impacts identified in an 
application for a permit or certificate on dunes, dune vegetation, and public 
access to and use of the public beach. 
(p)-(u) (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 4, 1997.
TRD-9711785
Garry Mauro
Commissioner
General Land Office
Effective date: September 25, 1997
Proposal publication date: July 25, 1997
For further information, please call: (512) 463-6467

TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART III. Texas Youth Commission
CHAPTER 81.Interaction With The Public
37 TAC sec.sec.81.1, 81.35, 81.75
The Texas Youth Commission (TYC) adopts amendments to sec.81.1 and sec.81.75, 
concerning public information request and copying costs; and new sec.81.35, 
concerning involvement of victims, without changes to the proposed text as 
published in the August 5, 1997, issue of the Texas Register (22 TexReg 7208). 
The justification for the amended and new sections is more efficient management 
by government. 
The amendments are made to comply with changes in law passed by the 75th 
Legislature. The amendment to sec.81.1 affects response time by TYC to provide 
information to the public. The amendment to sec.81.75 changes, slightly, the 
cost to the public for copies of written information. Subsequent to change in 
law, the definition of "victim" in sec.81.35 has been broadened. The new section 
provides procedures whereby victims may receive information about or may 
participate in the release review of certain youth in TYC.
No comments were received regarding adoption of the amendments and new rule. 
The amendments and new rule are adopted under the Human Resources Code, 
sec.61.034, which provides the Texas Youth Commission with the authority to make 
rules appropriate to the proper accomplishment of its functions.
The adopted rule implements the Human Resource Code, sec.61.034. 
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 9, 1997.
TRD-9711932
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: October 1, 1997
Proposal publication date: August 5, 1997
For further information, please call: (512) 424-6244

37 TAC sec.81.35
The Texas Youth Commission (TYC) adopts the repeal of sec.81.35, concerning 
involvement of victims, without changes to the proposed text as published in the 
August 5, 1997, issue of the Texas Register (22 TexReg 7209). 
The justification for the repeal of the section is more efficient management by 
government. 
The repeal will allow the adoption of a new rule which reflects changes in law 
passed by the 75th Legislature. 
No comments were received regarding adoption of the repeal. 
The repeal is adopted under the Human Resources Code, sec.61.034, which provides 
the Texas Youth Commission with the authority to make rules appropriate to the 
accomplishment of its functions.
The adopted repeal implements the Human Resource Code, sec.61.034. 
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 9, 1997.
TRD-9711933
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: October 1, 1997
Proposal publication date: August 5, 1997
For further information, please call: (512) 424-6244

37 TAC sec.81.61
The Texas Youth Commission (TYC) adopts the repeal of sec.81.61, concerning 
notification of a facility opening or relocating, without changes to the 
proposed text as published in the August 8, 1997, issue of the Texas Register 
(22 TexReg 7341).
The justification for the repeal is more efficient management by government.
The repeal will allow for publishing a replacement section. 
No comments were received regarding adoption of the repeal. 
The repeal is adopted under the Human Resources Code, sec.61.040, which provides 
the Texas Youth Commission with the authority to establish and operate 
additional treatment and training facilities, and sec.61.048, which provides the 
Texas Youth Commission with the authority to design, construct, equip, furnish, 
and maintain buildings and improvements at facilities under its jurisdiction.
The adopted repeal implements the Human Resource Code, sec.61.034.
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 9, 1997.
TRD-9711931
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: October 1, 1997
Proposal publication date: August 8, 1997
For further information, please call: (512) 424-6244

37 TAC sec.81.61
The Texas Youth Commission (TYC) proposes new sec.81.61, concerning notification 
of a facility opening or relocating. The new section provides for notification 
to the public and elected officials of the opening or relocation of certain TYC 
operated and contracted residential programs at selected sites. The section 
specifically addresses thirty day notice of elected officials, conditions for a 
public meeting, and solicitation of written public comment. 
Terry Graham, Director of Finance, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section. Mr. 
Graham also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be opportunity for comment. There will be no effect on small 
businesses. There is no anticipated economic cost to persons who are required to 
comply with the section as proposed. No private real property rights are 
affected by adoption of this rule. 
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals 
Coordinator, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, 
Texas 78765. 
The new section is proposed under the Human Resources Code, sec.61.040, which 
provides the Texas Youth Commission with the authority to establish and operate 
additional treatment and training facilities, and sec.61.048, which provides the 
Texas Youth Commission with the authority to design, construct, equip, furnish, 
and maintain buildings and improvements at facilities under its jurisdiction. 
The proposed rule implements the Human Resource Code, sec.61.034. 

sec.81.61.Notification of a Facility Opening or Relocating.
(a) Purpose. The purpose of this rule is to provide for notification to the 
public and elected officials of the opening or relocation of certain TYC 
operated and contracted residential programs at selected sites. 
(b) Thirty-day Notice. Except as provided in subsection (d), thirty days before 
beginning operation or construction of a TYC operated or contracted residential 
program that serves six or more youth or before relocating such a program that 
is currently operated elsewhere, notice indicating the proposed address and 
general description of the program will be given to the public and certain 
elected officials as follows: 
(1) notice will be published in a newspaper of general circulation in the county 
in which the proposed program is to be located and include where public comment 
on the proposal may be sent for review; and 
(2) notice will be mailed to each city council member, county commissioner, 
state representative, and state senator who represents the area in which the 
proposed program is to be located. 
(c) Public Meeting. Upon request by one of the elected officials, a public 
meeting conducted by TYC or the contract operator will be held to inform the 
public about the proposed residential program and to receive public comment. 
(1) Thirty days before the date of the meeting, TYC or the contract operator 
will publish notice of the date, hour, place, and subject of the meeting in 
three consecutive issues of a newspaper that has a general circulation in the 
county in which the proposed facility is to be located.
(2) Thirty days before the date of the meeting, TYC or the contract operator 
will mail a copy of the notice to each city council member, county commissioner, 
state representative, and state senator who represents the area in which the 
proposed program is to be located. 
(3) A private vendor conducting a public meeting under this section, other than 
a vendor that operates as a nonprofit corporation, is responsible for the costs 
of providing notice and holding the public meeting.
(4) The notice of the meeting must specifically state the address of the 
proposed facility, a description of the proposed program and the purpose of the 
meeting. 
(5) The public meeting will be held at a site as close as practicable to the 
proposed site of the residential program. 
(d) Sixty-day Notice for Sites 1,000 Feet from Designated Places. If a request 
to be provided such notice has been made, sixty days before beginning 
construction or operation of a TYC or contracted residential facility or parole 
office that is located within 1,000 feet of a residential area, a primary or 
secondary school, a park or public recreation area, or a place of worship, TYC 
or the contract operator will mail the commissioners court and governing body of 
the municipality notice of the proposed location. This section does not apply 
to: 
(1) facilities that on September 1, 1997 are in operation, under construction, 
under contract for operation or construction, or planned for operation on land 
owned or leased for the purpose; 
(2) foster homes; 
(3) temporary facilities operating less than one year at the location; 
(4) expansion of existing facilities; 
(5) facilities not operating primarily for use as a correctional or 
rehabilitation facility, but housing TYC youth only for a treatment or 
educational purpose; 
(6) facilities that require special or conditional use permits for operation; 
and 
(7) parole offices located in commercial use areas. 
(e) Denial of Consent to Operate. A residential facility or parole office that 
is subject to the 60-day notice requirement of subsection (d) may not be 
operated at the proposed location if consent for its operation there is denied 
by resolution of the commissioners court or governing body of the municipality. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt. 
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 9, 1997.
TRD-9711930
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: October 1, 1997
Proposal publication date: August 8, 1997
For further information, please call: (512) 424-6244

CHAPTER 83.Purchasing Youth Services
37 TAC sec.83.1
The Texas Youth Commission (TYC) adopts an amendment to sec.83.1, concerning 
contracts for parole supervision service, without changes to the proposed text 
as published in the July 25, 1997, issue of the Texas Register (22 TexReg 6926). 
The justification for amending the section is to clarify intent in one 
subparagraph. 
The amendment simply rewords the requirement in 83.1(c) for clarity. The 
statement requires that those contracting with TYC to provide parole supervision 
services will do so in accordance with agency policy and rules. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under the Human Resources Code, sec.61.034, which 
provides the Texas Youth Commission with the authority to make rules appropriate 
to the proper accomplishment of its functions.
The proposed rule implements the Human Resource Code, sec.61.034. 
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 9, 1997.
TRD-9711929
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: October 1, 1997
Proposal publication date: July 25, 1997
For further information, please call: (512) 424-6244

CHAPTER 85.Admission and Placement
SUBCHAPTER A.Commitment and Reception
37 TAC sec.85.1, sec.85.3
The Texas Youth Commission (TYC) adopts amendments to sec.85.1 and sec.85.3, 
concerning legal requirements for admission, and admission process. Section 85.1 
is adopted with changes to the proposed text as published in the July 25, 1997, 
issue of the Texas Register (22 TexReg 6927). The changes to the proposed text 
consist of restoring the item initially proposed for deletion and adding an item 
requesting a record of detention time for sentenced offenders committed to the 
TYC. Section 85.3 is adopted without changes to the proposed text. 
The justification for amending the sections is to inform the public and the 
counties of TYC procedures and documentation required when a youth in committed 
to TYC. 
The amendment to sec.85.1 will clarify the information regarding county 
detention time record needed by TYC to comply with law requiring time credited 
toward completion of a court ordered sentence. Section 85.3 is amended to 
reflect the change in days and hours when youth committed to TYC are received at 
the TYC Marlin Orientation and Assessment Unit in Marlin, Texas. 
No comments were received regarding adoption of the amendments. 
The amendments are adopted under the Human Resources Code, sec.61.065, which 
provides the Texas Youth Commission with the authority to require the court, the 
probation officer, the prosecuting and police authorities, the school 
authorities, and other public officials to make available to the commission all 
pertinent information in their possession regarding the case and sec.61.034 
which provides the Texas Youth Commission with the authority to make rules 
appropriate to the proper accomplishment of its functions. 
The adopted rule implements the Human Resource Code, sec.61.034. 

sec.85.1.Legal Requirements for Admission.
(a) Purpose. The purpose of this rule is to establish documentation required and 
requested by the Texas Youth Commission from each juvenile court committing 
youth to TYC. 
(b) Each youth committed to the Texas Youth Commission (TYC) must be accompanied 
by legal and supporting documents supplied by the committing court. 
(c) Upon admission, the following documents are required of the committing 
court: 
(1) certified copy of the Order of Commitment; 
(2) immunization records; 
(3) Common Application, CCF-002; 
(4) Detention order(s) (initial and subsequent) for offense(s) which resulted in 
commitment to TYC; 
(5) For sentenced offenders, the amount of time spent in detention in connection 
with the offense for which sentenced. It is preferable for the detention 
information to be included in the Order of Commitment.
(6) petition which prompted the commitment hearing; 
(7) the judgment which followed adjudication; 
(8) Texas Department of Public Safety Sex Offender Registration as required by 
law; 
(9) birth certificate for all youth; 
(10) social history; 
(11) education records; 
(12) medical and dental records; 
(13) any existing psychological and psychiatric reports;
(14) pretrial detention time creditable to the youth's sentence; and 
(15) progressive sanctions deviation worksheet if assigned progressive sanctions 
level does not equal the progressive sanctions guideline level. 
(16) when available, the Victim Impact Statement and/or Victim Information form. 
(d) The TYC intake staff shall review the commitment document to determine if, 
on its face, it meets all requirements of a valid court order before TYC 
receives the youth. TYC will not look beyond the document itself for determining 
its validity. Questions regarding verification of validity should be directed to 
the legal services department. 
(e) No youth, under any circumstance, shall be admitted to TYC without a 
certified copy of the Order of Commitment, immunization records (except for 
undocumented aliens), and the Common Application. All other documents may be 
received subsequent to admission. 
(f) No youth shall be accepted to custody of TYC until TYC staff issues a 
written receipt to the entity delivering the youth at the designated place of 
intake accompanied by the required legal documents.
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 9, 1997.
TRD-9711928
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: October 1, 1997
Proposal publication date: July 25, 1997
For further information, please call: (512) 424-6244

SUBCHAPTER B.Placement Planning
37 TAC sec.85.25, sec.85.37
The Texas Youth Commission (TYC) adopts amendments to sec.85.25 and sec.85.37, 
concerning minimum length of stay and sentenced offender disposition, without 
changes to the proposed text as published in the July 25, 1997, issue of the 
Texas Register (22 TexReg 6928). 
The justification for amending the sections is increased public protection. The 
amendment to sec.85.25 establishes the rules TYC will use when counting credit 
toward a youth's completion of the administratively assigned minimum length of 
stay. The amendment to sec.85.37 rewords for clarity, without changing content, 
the requirement regarding the court hearing of a sentenced offender. 
No comments were received regarding adoption of the amendments. 
The amendments are adopted under the Human Resources Code, sec.61.075, which 
provides the Texas Youth Commission with the authority to order the child's 
confinement under conditions it believes best designed for the child's welfare 
and the interests of the public.
The adopted rules implement the Human Resource Code, sec.61.034. 
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 9, 1997.
TRD-9711927
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: October 1, 1997
Proposal publication date: July 25, 1997
For further information, please call: (512) 424-6244

37 TAC sec.85.29
The Texas Youth Commission (TYC) adopts the repeal of sec.85.29, concerning 
program completion and movement, without changes to the proposed text as 
published in the August 8, 1997, issue of the Texas Register (22 TexReg 7343). 
The justification for the repeal is compliance with new legislation. 
The repeal is adopted to allow for the publication of a new section which will 
implement requirement in House Bill 1550, applicable sections passed by the 75th 
Legislative Session, and affective on June 19, 1997.
No comments were received regarding adoption of the repeal. 
The repeal is adopted under the Human Resources Code, sec.61.077, which provides 
the Texas Youth Commission with the authority to discharge children with mental 
illness or mental retardation and sec.61.0772, which provides the Texas Youth 
Commission authority to examine youth before discharge.
The adopted repeal implements the Human Resource Code, sec.61.034.
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 9, 1997.
TRD-9711926
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: October 1, 1997
Proposal publication date: August 8, 1997
For further information, please call: (512) 424-6244

37 TAC sec.85.29
The Texas Youth Commission (TYC) adopts new sec.85.29, concerning program 
completion and movement, without changes to the proposed text as published in 
the August 8, 1997, issue of the Texas Register (22 TexReg 7343). 
The justification for the repeal is compliance with new legislation. 
The new rule provides procedures whereby the agency will discharge from custody 
a youth who is mentally ill or mentally retarded if the youth has completed the 
minimum length of stay and is unable to progress in the Commission's 
rehabilitation programs because of the youth's mental illness or mental 
retardation. Certain other youth may be transferred to a TYC placement of less 
restriction than the TYC placement to which they are currently assigned under 
criteria herein. 
No comments were received regarding adoption of the new rule. 
The new rule is adopted under the Human Resources Code, sec.61.077, which 
provides the Texas Youth Commission with the authority to discharge children 
with mental illness or mental retardation and sec.61.0772, which provides the 
Texas Youth Commission authority to examine youth before discharge.
The adopted rule implements the Human Resource Code, sec.61.034.
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 9, 1997.
TRD-9711925
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: October 1, 1997
Proposal publication date: August 8, 1997
For further information, please call: (512) 424-6244

37 TAC sec.85.61
The Texas Youth Commission (TYC) adopts an amendment to sec.85.61, concerning 
discharge, with changes to the proposed text as published in the August 5, 1997, 
issue of the Texas Register (22 TexReg 7210). The change to the proposed text 
consists of rewriting with no change in meaning subparagraph (d)(2)(C) for 
simplification. The section states that TYC will discharge youth who have been 
placed on adult probation and the circumstances under which this will occur.
The justification for amending the section is to comply with law and to better 
use state resources. 
The amendment will allow for discharge of certain mentally ill and mentally 
retarded youth consistent with law passed by the 75th Legislature and allow for 
the discharge of certain youth placed on adult probation by the courts while 
under TYC jurisdiction. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under the Human Resources Code, sec.61.077, which 
provides the Texas Youth Commission with the authority to discharge children 
with mental illness or mental retardation and sec.61.075, which provides the 
Texas Youth Commission authority to discharge youth from TYC custody. 
The adopted rule implements the Human Resource Code, sec.61.034. 

sec.85.61.Discharge.
(a) Purpose. The purpose of this rule is to establish criteria for discharge 
from agency jurisdiction any youth committed to the Texas Youth Commission. 
(b) All Texas Youth Commission youth shall by law, be discharged by age 21. 
(c) Youth may be recommended for early discharge when specific criteria have 
been met. Discharge criteria shall be applied according to classification or to 
special circumstance. Eligibility for discharge according to classification is 
controlled by the most serious offense for which the youth has ever been 
classified. 
(d) Discharge Criteria. 
(1) Classification. 
(A) Youth who are sentenced for an offense committed before January 1, 1996 
shall be discharged when one of the following occurs: 
(i) expiration of the sentence imposed by the juvenile court, including the time 
spent in detention in connection with the offense plus time spent at TYC under 
the order of commitment; 
(ii) the youth is transferred to the Texas Department of Criminal Justice (TDJC) 
pursuant to an order issued by the juvenile court at a transfer hearing; 
(iii) prior to age 18 if ordered by committing court; or 
(iv) age 21 is reached. 
(B) Youth who are sentenced for an offense committed after January 1, 1996 shall 
be discharged when one of the following occurs: 
(i) expiration of the sentence imposed by the juvenile court;
(ii) the youth is transferred to the Texas Department of Criminal Justice, 
Institutional Division, pursuant to an order issued by the juvenile court at a 
transfer hearing; 
(iii) the youth has been sentenced for the offense of capital murder, has not 
completed the 10-year minimum period of confinement and is transferred to the 
Texas Department of Criminal Justice, Institutional Division, at age 21 to serve 
the remainder of the sentence; or 
(iv) the youth has been released on parole, has reached the age of 21 (or 
younger, if the youth is released on parole after age 19) and is transferred to 
the Texas Department of Criminal Justice, Pardons and Paroles Division, to serve 
the remainder of the sentence. 
(C) Youth ever classified as type A violent offenders shall be discharged when 
age 21 is reached. 
(D) Youth classified as a type B violent offender, chronic serious offender, 
controlled substance dealer, or firearms offender and never classified as type A 
violent or sentenced offender, shall be discharged when one of the following 
occurs: 
(i) age 21 is reached; or 
(ii) completion of 12 consecutive months on parole status in the home or home 
substitute and the youth: 
(I) has had no delinquency adjudications or criminal convictions during the 
period; 
(II) has no pending delinquency petitions or criminal charges;
(III) is on minimum supervision level; and 
(IV) has had a positive parole adjustment, as defined in this policy. 
(E) General offenders and violators of CINS probation and never classified as 
type A violent or sentenced offender, shall be discharged when one of the 
following occurs: 
(i) age 21 is reached; or 
(ii) completion of nine consecutive months on parole status in the home or home 
substitute and the youth: 
(I) has had no delinquency adjudications or criminal convictions during the 
period; 
(II) has no pending delinquency petitions or criminal charges;
(III) is on minimum supervision level; and 
(IV) has had a positive parole adjustment as defined in this policy. 
(2) Special Circumstances. 
(A) Youth of any classification except sentenced offenders shall be discharged 
under the following circumstances: 
(i) Court ordered reversal of commitment. 
(ii) The youth being sentenced to prison. 
(iii) Commitment to Texas Department of Mental Health and Mental Retardation 
when the minimum length of stay has been completed. 
(iv) Enlistment in the military. 
(v) Closing of records following a youth's death or recommitment.
(vi) Discharge by the executive director or his designee for any other reason, 
such as an illness or injury which prevents a youth's return to active program 
participation. emergency 
(vii) Youth who have completed length of stay requirements and who are unable to 
progress in the agency's rehabilitation programs because of mental illness or 
mental retardation as specified in (GAP) sec.87.79 of this title (relating to 
Discharge of Mentally Ill and Mentally Retarded Youth). 
(B) Youth placed out of the state who are of any classification except sentenced 
offender, may be discharged when requested by the placement state for 
satisfactory adjustment or when court action is taken by the placement state in 
accordance with (GAP) sec.85.51 of this title (relating to Interstate Compact 
for TYC Youth). 
(C) Youth of any classification except sentenced offender and type A violent 
offender shall be discharged under the following circumstances:
(i) Placement on adult probation for conduct which occurred while: 
(I) on parole status and only after the youth has completed all minimum lengths 
of stay. 
(II) assigned to a residential placement and only after the youth has met all 
transition movement criteria. 
(ii) Court ordered placement for a minimum of 12 months in an adult correctional 
residential program as part of the disposition of a criminal case. 
(D) Youth may be discharged for special circumstance, other than those addressed 
here, if approved by the executive director. 
(e) Positive Parole Adjustment. For purposes of discharge, positive parole 
adjustment shall be shown by documentation that a youth:
(1) has completed ICP objectives including substantial completion of phase five 
of resocialization and community service requirements; and
(2) has, for 90 consecutive days, been: 
(A) enrolled and participating in an appropriate educational or training 
program; or 
(B) satisfactorily employed. 
(f) Waiver. Youth of any classification except sentenced offender and Type A 
violent offender who are age 18 or older may be discharged prior to completion 
of discharge criteria for the purpose of obtaining services that cannot be 
obtained for a juvenile. Such early discharge must be justified to and approved 
by the deputy executive director. 
(g) A youth's primary service worker shall immediately notify the youth of the 
discharge and shall provide information on the procedure for sealing records. 
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 9, 1997.
TRD-9711934
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: October 1, 1997
Proposal publication date: August 5, 1997
For further information, please call: (512) 424-6244

CHAPTER 87.Treatment
SUBCHAPTER A.Program Planning
37 TAC sec.87.1
The Texas Youth Commission (TYC) adopts an amendment to sec.871., concerning 
case planning, without changes to the proposed text as published in the July 25, 
1997, issue of the Texas Register (22 TexReg 6929). 
The justification for amending the section is to ensure accurate information in 
the section. 
The amendment corrects references in this rule to other sections in this title. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under the Human Resources Code, sec.61.071, which 
provides the Texas Youth Commission with the authority to make a study of each 
child committed to it according to rules established by the commission and shall 
include long-term planning for the child. 
The adopted rule implements the Human Resource Code, sec.61.034. 
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 9, 1997.
TRD-9711935
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: October 1, 1997
Proposal publication date: July 25, 1997
For further information, please call: (512) 424-6244

SUBCHAPTER B.Special Needs Offender Programs
37 TAC sec.87.77, sec.87.79
The Texas Youth Commission (TYC) adopts new sec.87.77 and sec.87.79, concerning 
early transition of mentally ill and mentally retarded youth and discharge of 
mentally ill and mentally retarded youth without changes to the proposed text as 
published in the August 8, 1997, issue of the Texas Register (22 TexReg 7344). 
The justification for the new rules is compliance with law passed by the 75th 
legislature. 
The new rules provide procedures whereby the agency will discharge from custody 
a youth who is mentally ill or mentally retarded if the youth has completed the 
minimum length of stay and is unable to progress in the Commission's 
rehabilitation programs because of the youth's mental illness or mental 
retardation. Certain other youth may be transferred to a TYC placement of less 
restriction than the TYC placement to which they are currently assigned under 
criteria herein. 
No comments were received regarding adoption of the new rules. 
The new rules are adopted under the Human Resources Code, sec.61.077, which 
provides the Texas Youth Commission with the authority to discharge children 
with mental illness or mental retardation and sec.61.0772, which provides the 
Texas Youth Commission authority to examine youth before discharge.
The adopted rules implement the Human Resource Code, sec.61.034. 
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 9, 1997.
TRD-9711936
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: October 1, 1997
Proposal publication date: July 25, 1997
For further information, please call: (512) 424-6244

37 TAC sec.87.81
The Texas Youth Commission (TYC) adopts the repeal of sec.87.81, concerning 
special management and treatment program, without changes to the proposed text 
as published in the July 25, 1997, issue of the Texas Register (22 TexReg 6929). 
The justification for the repeal of the section is increased level of 
supervision and structure. 
The repeal will allow for publication of a new section which is also aimed at 
managing high risk youth in TYC facilities but with major changes in procedures.
No comments were received regarding adoption of the repeal. 
The repeal is adopted under the Human Resources Code, sec.61.075, which provides 
the Texas Youth Commission with the authority to determine proper treatment, 
specifically to order the youth's confinement. 
The adopted rule implements the Human Resource Code, sec.61.034.
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 9, 1997.
TRD-9711938
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: October 1, 1997
Proposal publication date: July 25, 1997
For further information, please call: (512) 424-6244

37 TAC sec.87.81
The Texas Youth Commission (TYC) adopts new sec.87.81, concerning special 
management and treatment program, without changes to the proposed text as 
published in the July 25, 1997, issue of the Texas Register (22 TexReg 6930). 
The justification for the new section is to allow for an increased level of 
supervision and structure within a facility. 
The new section will provide criteria for identifying TYC youth currently 
residing in TYC high restriction facilities who are by their current behavior, 
high risk for continuing aggressive, assaultive or disruptive behavior. The 
section provides for a highly structured program with a component of graduated 
reintegration into the facility's general population. 
No comments were received regarding adoption of the new rule. 
The new rule is adopted under the Human Resources Code, sec.61.075, which 
provides the Texas Youth Commission with the authority to determine proper 
treatment, specifically to order the youth's confinement. 
The adopted rule implements the Human Resource Code, sec.61.034. 
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 9, 1997.
TRD-9711939
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: October 1, 1997
Proposal publication date: July 25, 1997
For further information, please call: (512) 424-6244

CHAPTER 93.Youth Rights and Remedies
37 TAC sec.93.33
The Texas Youth Commission (TYC) adopts an amendment to sec.93.33, concerning 
alleged mistreatment, without changes to the proposed text as published in the 
July 25, 1997, issue of the Texas Register (22 TexReg 6931). 
The justification for amending the section is more efficient management by 
government. 
The amendment corrects a reference to the Government Code in (g) of this 
section. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under the Human Resources Code, sec.61.034, which 
provides the Texas Youth Commission with the authority to make rules appropriate 
to the proper accomplishment of its functions. 
The adopted rule implements the Human Resource Code, sec.61.034. 
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 9, 1997.
TRD-9711940
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: October 1, 1997
Proposal publication date: July 25, 1997
For further information, please call: (512) 424-6244

CHAPTER 95.Youth Discipline
SUBCHAPTER B.Due Process Hearings Procedures
37 TAC sec.95.55, sec.95.71
The Texas Youth Commission (TYC) adopts amendments to sec.sec.95.55 and 95.71, 
concerning level II hearing procedure, and mental health status review hearing 
procedure, without changes to the proposed text as published in the July 25, 
1997, issue of the Texas Register (22 TexReg 6931). 
The justification for amending the sections is to ensure accurate information in 
the section. 
The amendments will correct references to the other sections in this title.
No comments were received regarding adoption of the amendments. 
The amendments are adopted under the Human Resources Code, sec.61.034, which 
provides the Texas Youth Commission with the authority to make rules appropriate 
to the proper accomplishment of its functions.
The adopted rules implement the Human Resource Code, sec.61.034. 
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 9, 1997.
TRD-9711941
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: October 1, 1997
Proposal publication date: July 25, 1997
For further information, please call: (512) 424-6244

CHAPTER 97.Security and Control
SUBCHAPTER A.Security and Control
37 TAC sec.97.37
The Texas Youth Commission (TYC) adopts an amendment to sec.97.37, concerning 
security unit, without changes to the proposed text as published in the July 25, 
1997, issue of the Texas Register (22 TexReg 6932). 
The justification for mending the section is to ensure accurate information in 
the section. 
The amendment will correct the reference in this rule to sec.87.81 of this 
title. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under the Human Resources Code, sec.61.034, which 
provides the Texas Youth Commission with the authority to make rules appropriate 
to the proper accomplishment of its functions. 
The adopted rule implements the Human Resource Code, sec.61.034. 
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 9, 1997.
TRD-9711943
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: October 1, 1997
Proposal publication date: July 25, 1997
For further information, please call: (512) 424-6244

CHAPTER 99.General Provisions
SUBCHAPTER A.Youth Records
37 TAC sec.99.11, sec.99.19
The Texas Youth Commission (TYC) adopts amendments to sec.sec.99.11 and 99.19, 
concerning youth masterfile records and youth records disposition, without 
changes to the proposed text as published in the July 25, 1997, issue of the 
Texas Register (22 TexReg 6933).
The justification for amending the sections is more efficient management of TYC 
records. 
The amendment to sec.99.11 will clarify that persons authorized to have 
masterfiles in their possession are TYC staff or staff under contract with TYC 
to provide parole services. Section 99.19 is amended to eliminate references to 
microfilm as the only process used by TYC for copying discharged youth records 
for storage. The rule is also amended to clarify that after 25 years, records 
are destroyed. 
No comments were received regarding adoption of the amendments. 
The amendments are adopted under the Human Resources Code, sec.61.034, which 
provides the Texas Youth Commission with the authority to make rules appropriate 
to the proper accomplishment of its functions. 
The adopted rules implement the Human Resource Code, sec.61.034.
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 9, 1997.
TRD-9711944
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: October 1, 1997
Proposal publication date: July 25, 1997
For further information, please call: (512) 424-6244

CHAPTER 119.Agreements with other Agents
37 TAC sec.119.21
The Texas Youth Commission (TYC) adopts the repeal of sec.119.21, concerning 
county youth placed in TYC by contract, without changes to the proposed text as 
published in the July 25, 1997, issue of the Texas Register (22 TexReg 6933). 
The justification for the repeal of the section is efficient use of state 
resources. 
The section is being repealed to comply with changes in law passed by the 75th 
Legislature which no longer allow youth under the jurisdiction of Texas counties 
to be placed in TYC boot camps and intermediate sanction facilities.
No comments were received regarding adoption of the repeal. 
The repeal is adopted under the Human Resources Code, sec.61.101, which provides 
the Texas Youth Commission with the authority to contract with counties to 
accept certain youth under county jurisdiction in certain TYC operated 
facilities. 
The adopted repeal implements the Human Resource Code, sec.61.034. 
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 9, 1997.
TRD-9711945
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: October 1, 1997
Proposal publication date: July 25, 1997
For further information, please call: (512) 424-6244

TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART I. Texas Department of Human Services
CHAPTER 3.Income Assistance Services
The Texas Department of Human Services (DHS) adopts amendments to sec.sec.3.501 
and 3.1601 without changes to the proposed text published in the August 1, 1997, 
issue of the Texas Register (22 TexReg 7211). 
Justification for the amendments is for the state to be in compliance with state 
legislation. 
The amendments will function by implementing the domicile requirement for 
unmarried minor parents. 
No comments were received regarding adoption of the amendments. 

SUBCHAPTER E.Household Determination
40 TAC sec.3.501
The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 
and 31, which authorizes the department to administer public and financial 
assistance programs. 
The amendment implements the Human Resources Code, sec.sec.22.001-22.030 and 
sec.sec.31.001-31.076. 
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 9, 1997.
TRD-9711954
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: October 1, 1997
Proposal publication date: August 1, 1997
For further information, please call: (512) 438-3765

SUBCHAPTER I. Income
40 TAC sec.3.902
The Texas Department of Human Services (DHS) adopts an amendment to sec.3.902 
and new sec.sec.3.2408, 3.7101, 3.7103, and 3.7105, concerning Income Assistance 
Services, without changes to the proposed text published in the July 15, 1997, 
issue of the Texas Register (22 TexReg 6559). New sec.3.7102 and sec.3.7104 are 
adopted with changes. 
Justification for the amendment and new sections is that families now receiving 
Aid to Families with Dependent Children benefits will instead receive a work 
subsidy. These subsidies should enable more families to become self-sufficient. 
The amendment and new sections will function by implementing work subsidy 
provisions of the Job Opportunities and Basic Skills Training (JOBS) program 
administered by the Texas Workforce Commission. 
The department received no comments regarding the proposal. The department 
deleted the phrase "plus the Earned Income Tax Credit" in sec.3.7104 to allow 
more families to receive an adjustment if the participant is not retained by the 
employer when the work subsidy terminates, and to make administering the program 
less complex. In the same section the department also changed "supplemental" to 
"adjustment" and "adjusted" to clarify that benefits are returned to the 
client's account, but that no additional benefits are issued. The department 
changed the wording in sec.3.7102 to allow the income from work subsidy to be 
excluded as a resource as well as income. 
The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 
and 31, which authorizes the department to administer public and financial 
assistance programs. 
The amendment implements the Human Resources Code, sec.sec.22.001-22.030 and 
sec.sec.31.001-31.076. 
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 4, 1997.
TRD-9711704
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: October 1, 1997
Proposal publication date: July 15, 1997
For further information, please call: (512) 438-3765

SUBCHAPTER P.Relationship/Domicile
40 TAC sec.3.1601
The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 
and 31, which authorizes the department to administer public and financial 
assistance programs. 
The amendment implements the Human Resources Code, sec.sec.22.001-22.030 and 
sec.sec.31.001-31.076. 
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 9, 1997.
TRD-9711957
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: October 1, 1997
Proposal publication date: August 1, 1997
For further information, please call: (512) 438-3765

SUBCHAPTER X. Case Disposition
40 TAC sec.3.2408
The new section is adopted under the Human Resources Code, Title 2, Chapters 22 
and 31, which authorizes the department to administer public assistance 
programs. 
The new section implements the Human Resources Code, sec.sec.22.001-22.030 and 
sec.sec.31.001-31.076. 
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 4, 1997.
TRD-9711706
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: October 1, 1997
Proposal publication date: July 15, 1997
For further information, please call: (512) 438-3765

SUBCHAPTER RR. Work Subsidy
40 TAC sec.sec.3.7101-3.7105
The new sections are adopted under the Human Resources Code, Title 2, Chapters 
22 and 31, which authorizes the department to administer public and financial 
assistance programs. 
The new sections implement the Human Resources Code, sec.sec.22.001-22.030 and 
sec.sec.31.001-31.076. 

sec.3.7102. Income and Resources from Work Subsidy.
Income received as wages composed partially or wholly from a subsidized wage is 
excluded as income when determining eligibility and benefits for Aid to Families 
with Dependent Children (AFDC) and food stamps. Income received as wages 
composed partially or wholly from a subsidized wage is excluded as a resource 
when determining eligibility and benefits for AFDC.

sec.3.7104. Benefit Adjustment If a Work Subsidy Participant Leaves the Program 
Before the End of the Month. 
If a participant leaves a work subsidy component under the Job Opportunities and 
Basic Skills Training program before the end of the month and the wages received 
under the subsidy are less than the combined Aid to Families with Dependent 
Children (AFDC) and food stamp benefits, the participant may be issued adjusted 
AFDC and food stamp benefits. 
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 4, 1997.
TRD-9711705
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: October 1, 1997
Proposal publication date: July 15, 1997
For further information, please call: (512) 438-3765

CHAPTER 11.Food Distribution and Processing
The Texas Department of Human Services (DHS) adopts the repeal of sec.sec.11.123 
and 11.6001-11.6009; and adopts new sec.sec.11.6001-11.6011, without changes to 
the proposed text published in the August 1, 1997, issue of the Texas Register 
(22 TexReg 7136).
The justifications for the repeals and new sections are to (1) consolidate 
federal commodity programs, as required by the Personal Responsibility and Work 
Opportunity Act, which is also known as Welfare Reform legislation, and (2) 
comply with federal regulations to distribute donated commodities by the most 
efficient and effective means available. DHS is also changing the name of the 
undesignated head from "The Emergency Food Assistance Program (TEFAP)" to "The 
Texas Commodity Assistance Program (TEXCAP)." 
The repeals and new sections will function by improving efficiency and 
effectiveness in the equitable distribution of donated commodities to needy 
persons throughout the state. 
No comments were received regarding adoption of the repeals and new sections.

Food Distribution Program
40 TAC sec.11.123
The repeal is adopted under the Human Resources Code, Title 2, Chapters 22 and 
33, which provides the department with the authority to administer public and 
nutritional assistance programs. 
The repeal implements the Human Resources Code, sec.sec.22.001-22.030 and 
33.001-33.024. 
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 9, 1997.
TRD-9711956
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: October 1, 1997
Proposal publication date: August 1, 1997
For further information, please call: (512) 438-3765

The Emergency Food Assistance Program (TEFAP)
40 TAC sec.sec.11.6001-11.6009
The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 
33, which provides the department with the authority to administer public and 
nutritional assistance programs. 
The repeals implement the Human Resources Code, sec.sec.22.001-22.030 and 
33.001-33.024. 
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 9, 1997.
TRD-9711955
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: October 1, 1997
Proposal publication date: August 1, 1997
For further information, please call: (512) 438-3765

The Texas Commodity Assistance Program (TEXCAP)
40 TAC sec.sec.11.6001-11.6011
The new sections are adopted under the Human Resources Code, Title 2, Chapters 
22 and 33, which provides the department with the authority to administer public 
and nutritional assistance programs. 
The new sections implement the Human Resources Code, sec.sec.22.001-22.030 and 
33.001-33.024. 
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 9, 1997.
TRD-9711959
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: October 1, 1997
Proposal publication date: August 1, 1997
For further information, please call: (512) 438-3765

CHAPTER 19. Nursing Facility Requirements for Licensure and Medicaid 
Certification
SUBCHAPTER X. Requirements for Medicaid-Certified Facilities 
40 TAC sec.19.2325
The Texas Department of Human Services (DHS) adopts new sec.19.2325, concerning 
Nursing Facility Requirements for Licensure and Medicaid Certification, without 
changes to the proposed text as published in the July 8, 1997, issue of the 
Texas Register (22 TexReg 6412). The text will not be republished. 
Justification of the section is to provide additional Medicaid nursing facility 
beds in rural counties which have demonstrated a need for them. The section will 
function by allowing additional Medicaid-certified beds, at the request of the 
commissioners court, in rural counties (population of 100,000 or less) with no 
more than two Medicaid nursing facilities. The total number of additional beds 
for the entire state is capped at 500 per year. 
The department received a comment from the St. Joseph Services Corporation in 
support of the new section and comments from the Texas Health Care Association 
(THCA). Comments and responses follow. 
Comment: THCA questioned whether the department should wait to publish these 
rules in conjunction with the larger moratorium mandates stated in Senate Bill 
190. 
Response: The department believes that the immediacy of House Bill 606's 
effective date and the exclusiveness of its impact require the promulgation of 
these regulations at this time. 
Comment: The second comment pertains to the proposed language which states that 
a satisfactory history of delivering quality long-term care will be taken into 
consideration when approving a commissioners court request. THCA requested that 
"satisfactory history" be defined in rule. 
Response: The department has internal policies which set the parameters of a 
satisfactory history as it is used when making decisions to grant a new license 
or a renewal. It is these parameters that will be used when implementing this 
rule. When the department adopts new rule language pertaining to history, those 
criteria will then be used for this program. 
The new section is adopted under the Human Resources Code, Title 2, Chapters 22 
and 32, which authorizes the department to administer public and medical 
assistance programs, and under Texas Government Code sec.531.021, which provides 
the Health and Human Services Commission with the authority to administer 
federal medical assistance funds. 
The new section implements the Human Resources Code, sec.sec.22.001-22.030 and 
sec.sec.32.001-32.042. 
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 8, 1997.
TRD-9711885
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: October 1, 1997
Proposal publication date: July 8, 1997
For further information, please call: (512) 438-3765

CHAPTER 48. Community Care for Aged and Disabled
In-Home and Family Support Program
40 TAC sec.48.2703
The Texas Department of Human Services (DHS) adopts an amendment to sec.48.2703, 
concerning Community Care for Aged and Disabled, without changes to the proposed 
text published in the July 29, 1997, issue of the Texas Register (22 TexReg 
7030).
The justification for the amendment is to revise the In-Home and Family Support 
Program copayment schedule based on updated state median income figures compiled 
by the United States Department of Health and Human Services. 
The amendment will function by providing public access to the new copayment 
schedule. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 
and 35, which provides the department with the authority to administer public 
assistance and support services for persons with disabilities programs. 
The amendment implements sec.sec.22.001-22.030 and 35.001-35.012 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on September 3, 1997.
TRD-9711637
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: October 1, 1997
Proposal publication date: July 29, 1997
For further information, please call: (512) 438-3765