PROPOSED RULES
Before an agency may permanently adopt a new or amended section or repeal an 
existing section, a proposal detailing the action must be published in the Texas 
Register at least 30 days before action is taken. The 30-day time period gives 
interested persons an opportunity to review and make oral or written comments on 
the section. Also, in the case of substantive action, a public hearing must be 
granted if requested by at least 25 persons, a governmental subdivision or 
agency, or an association having at least 25 members.
Symbology in proposed amendments. New language added to an existing section is 
indicated by the <nl> code. [Brackets] indicate deletion of existing material 
within a section.

TITLE 1. ADMINISTRATION
PART IV. Office of the Secretary of State
CHAPTER 81. Elections
Political Parties
1 TAC sec.81.117, sec.81.121
The Office of the Secretary of State proposes amendments to sec.81.117 and 
sec.81.121, concerning primary election funding. Section 81.117 is amended to 
raise the amount of a services contract requiring Secretary of State approval 
from $500 to $1,000. This amendment is consistent with other expenditure amounts 
requiring Secretary of State approval. Section 81.121 is amended to reflect the 
compensation for workers who annotate voter registration lists prior to election 
day, and to set limits on compensation for early ballot board workers when the 
ballot board is reconvened to count late ballots under Texas Election Code, 
sec.87.005.
Clark Kent Ervin, Assistant Secretary of State, has determined that for the 
first five-year period the sections are in effect there will be a fiscal 
implication for state government as a result of enforcing or administering the 
sections. Allowing one hour of compensation for annotating the voter 
registration lists will likely increase the total amount of compensation paid to 
election workers. This additional compensation will amount to about $105,395.00 
in additional funds being paid out of the state primary finance fund. 
Mr. Ervin has also determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be the proper and efficient conduct of the 1998 primary 
elections by party officials with the aid of state money appropriated for that 
purpose. There will be no effect on small businesses. There will be no 
anticipated economic cost to the state and county chairs of the Democratic and 
Republican parties. 
Comments on the proposal may be submitted to the Office of the Secretary of 
State, Cathie E. Penn, Program Administrator for Elections Funds Management, 
P.O. Box 12060, Austin, Texas 78711. 
The amendments are proposed under the Texas Election Code, sec.31.003 and 
sec.173.006, which provides the Office of the Secretary of State with the 
authority to obtain and maintain uniformity in the application, interpretation, 
and operation of provisions under the Texas Election Code and other election 
laws, and, in performing such duties, to prepare detailed and comprehensive 
written directives and instructions based on such laws, and to adopt rules 
consistent with the Election Code that reduce the cost of the primary elections 
or facilitate the holding of the elections within the amount appropriated by the 
legislature for that purpose. 
The Texas Election Code, Chapter 173, Subchapter A, sec.173.006 is affected by 
this proposed amendment. 

sec.81.117. Contracts for Services Must Be with Contractors Regularly in the 
Contracted Business.
Contractors submitting bids as required by sec.81.115 of this title (relating to 
Competitive Quotations for Services or Products Are Required) must provide names 
and telephone numbers of at least three other customers as references in order 
to be considered for any work to be done for the primary fund. Such contractors 
must be able to provide verifiable proof of at least 18 months experience 
providing services being bid in the normal course of their business to other 
parties. Contracts for services costing over <nl> $1000<ol> [$500] must be 
approved in writing by the Secretary of State before money from the primary fund 
may be expended under the terms of such contracts. The fee or rate must be 
reasonable for the services rendered and must be in accord with the fee or rate 
prevailing in the locale for the same or similar services. The contract shall be 
signed by both the county chair and the contractor. It is the county chair's 
responsibility to obtain Employer Identification Numbers from contractors and 
issue IRS Form 1099 if required. 

sec.81.121. Compensation for Election Day Workers.
The hourly rate payable to precinct judges, clerks, early voting ballot board 
members, or persons working at the central counting station for the <nl> 
1998<ol> [1996] general primary and primary runoff elections may not exceed 
<nl>$5.15<ol> [$5.00]. A judge or clerk may be paid only for the actual time 
spent on election duties performed in the polling place or counting station, 
<nl>with the following exceptions. One election worker from each polling place 
may be allowed up to one hour to annotate the precinct list of registered voters 
before election day. If the total number of hours that the early voting ballot 
board works on election day and in reconvening to count late ballots cast from 
outside the United States is less than ten hours, then the ballot board members 
may be paid greater compensation than actually worked, but in no event may the 
compensation exceed the amount payable for 10 hours of work. If the total number 
of hours worked is greater than 10 hours, then the ballot board is entitled to 
compensation for actual time worked.<ol> An election day worker may not receive 
an hourly compensation for travel time, pick up or delivery of supplies, or 
attendance at the precinct convention. Technical support personnel in the 
central counting station appointed under the Texas Election Code, 
sec.sec.127.002, 127.003, or 127.004 may receive a compensation of greater than 
<nl> $5.15<ol> [$5.00] per hour. 
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. 
Filed with the Office of the Secretary of State on January 16, 1998.
TRD-9800782
Clark Kent Ervin
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 463-5650

TITLE 4. AGRICULTURE
PART I. Texas Department of Agriculture
CHAPTER 3.Boll Weevil Eradication Program
SUBCHAPTER E.Creation of Eradication Zones
4 TAC sec.3.112
The Texas Department of Agriculture (the department) proposes new sec.3.112, 
concerning the creation of a nonstatutory boll weevil eradication zone The new 
section is proposed to establish a new nonstatutory boll weevil eradication zone 
consisting of counties not currently located in a statutory zone created under 
Chapter 74, Subchapter D, sec.74.1021. New sec.3.112 proposes, upon the request 
of the Northern Rolling Plains Boll Weevil Eradication Zone Interim Advisory 
Committee, the designation of the Northern Rolling Plains Boll Weevil 
Eradication Zone, in accordance with the Texas Agriculture Code, sec.74.1042. 
Katie Dickie Stavinoha, special assistant for producer relations, 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. 
Ms. Stavinoha 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 
sections will be the ability to address cotton growers' desires to have 
efficient, responsive eradication zones to facilitate boll weevil eradication in 
Texas. There will be no effect on small businesses. The anticipated economic 
cost to persons who will be required to comply with the new sections, as 
proposed, is not determinable at this time. If the proposed zone is designated 
and an eradication program and assessment approved by cotton growers in the 
zone, cotton growers in the zone will be assessed annually to cover costs of an 
eradication program in that zone. The costs to individual growers will depend on 
voter approval of an eradication program and assessment, and the amount of the 
assessment established for the zone once a program is approved. 
Comments on the proposal may be submitted to Katie Dickie Stavinoha, Special 
Assistant for Producer Relations, P. O. Box 12847, Austin, Texas 78711, and must 
be received no later than 30 days from the date of the publication of this 
proposal in the Texas Register.
The new section is proposed under the Texas Agriculture Code, sec.74.1042, which 
provides the commissioner of agriculture with the authority, by rule, to 
designate an area of the state as a proposed boll weevil eradication zone. 
The codes affected by the proposal are the Texas Agriculture Code, Chapter 74.

sec.3.112.Northern Rolling Plains Boll Weevil Eradication Zone.
The Northern Rolling Plains Boll Weevil Eradication Zone shall consist of the 
following area: all of Gray, Wheeler, Donley, Collingsworth, Hall, Childress, 
Cottle, King, Hardeman, Wilbarger, Wichita, Clay, and Foard counties, and all of 
Archer County lying north of a line following FM 422 commencing at the Baylor 
county line running east to the intersection of FM 210, continuing east to the 
intersection of State Highway 25, and continuing east to the Clay County line.
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. 
Filed with the Office of the Secretary of State, on January 14, 1998.
TRD-9800562
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 463-7541

PART II. Texas Animal Health Commission
CHAPTER 35.Brucellosis
SUBCHAPTER A.Eradication Brucellosis in Cattle
4 TAC sec.35.2
The Texas Animal Health Commission proposes an amendment to sec.35.2, concerning 
the general requirements relating to eradication of brucellosis in cattle. The 
amendment is being proposed to standardize vaccination ages of cattle. This 
action can be taken as a result of the required use of the vaccine RB-51. The 
amendment also deletes reference and tables relating to the Complement Fixation 
test, and replaces references to the Brucellosis ring test with the Brucellosis 
Milk Surveillance Test. The amendment also deletes language requiring certain 
card test positive cattle to be marked on the hip with yellow paint. The 
amendment is also proposed to clarify that the hold order, rather than the 
quarantine, is used when a vaccinated suspect is located at a market and 
returned to the herd of origin. The amendment is also proposed to require that a 
hold order be placed on herds with fence line or across the road contact with a 
quarantined herd unless an epidemiological evaluation determines the hold order 
is unnecessary. Under the proposed rule, other adjacent or high risk herds may 
be placed under hold order. 
Ms. Suzy Beightler Whittenton, Assistant Executive Director for Administration, 
has determined for the first five-year period the rule is in effect, there will 
be no fiscal implications for state or local government as a result of enforcing 
or administering the rule. The agency has made a categorical determination that 
this rule relates to the handling of animals and does not impact private real 
property rights. 
Terry L. Beals, DVM, Executive Director, also has determined that for each year 
of the first five years the rule is in effect, the public benefit anticipated as 
a result of enforcing the rule will be to update and clarify current testing 
protocols, as well as a clarification of terminology with hold orders and 
quarantines and to require the imposition of a hold order on some adjacent 
herds, thereby reducing the chance of exposing other cattle to brucellosis. 
There are minimal anticipated economic costs to persons who are required to 
comply with the rule as proposed. 
Comments regarding the proposed amendment may be submitted to Ms. Tiffany N. 
Norvell, P.O. Box 12966, Austin, Texas 78711-2966; or by Email: 
tiffanyn@tahc.state.tx.us
The amendment is proposed under the Texas Agriculture Code, Chapter 161, 
Subchapter C, sec.161.061 and sec.161.064 which authorize the Commission to 
enact rules to eradicate communicable disease, and Chapter 163, Subchapter D, 
sec.161.061 and sec.161.064 which authorize the Commission to adopt rules 
relating to vaccination of cattle. 

sec.35.2.General Requirements.
(a) Testing of blood and semen. 
(1)-(6) (No change.) 
(b) Classification of cattle. Cattle shall be classified by approved personnel 
by an evaluation of titer responses for all cattle to serological tests, or by 
identification of Brucella abortus in specimens taken from these cattle. The 
following serological tests may be used for the classification of cattle. 
(1) Card test. The card test (buffered Brucella is a test antigen) that may be 
used to classify cattle as suspects. Results of the card test may be used with 
other test results conducted in the state-federal laboratory to aid in the 
classification of cattle as reactors. The card test may be used as a test to 
classify cattle as reactors on written approval of the owner or his agent. The 
owner or his agent's signature on test charts prior to "B" branding will be 
accepted as approval. Card tests may be used to classify cattle negative on 
surveillance samples collected at slaughter, on routine samples collected on 
farms, at livestock markets, and on tests of suspicious and affected herds. 
[(2) Complement fixation test (CF).] 
[(A) Technicon automated complement fixation test. The Technicon automated 
complement fixation test is an official test when it is conducted at the 
cooperative state-federal brucellosis laboratory using recognized methods.] 
[(i) Interpretation of the Technicon CF test results.] 
[Figure: 4 TAC sec.35.2(b)(2)(A)(i)]
[(ii) Interpretation of test result codes. The following codes are utilized by 
the laboratory to represent the corresponding test results:] 
[Figure: 4 TAC sec.35.2(b)(2)(A)(ii)] 
<nl>(2)<ol> [(B)]Manual complement fixation test. The manual complement fixation 
test is an official test when it is conducted at the cooperative state-federal 
brucellosis laboratory using recognized methods. 
<nl>(A)<ol> [(i)]Interpretation of the manual CF test results. 
Figure: 4 TAC sec.35.2(b)(2)<nl>(A)<ol>[(B)(i)]
<nl>(B)<ol> [(ii)]Interpretation of test result codes. The following codes are 
utilized by the laboratory to represent the corresponding test results: 
Figure: 4 TAC sec.35.2(b)(B)[(ii)]
(3) (No change.) 
(4) <nl>Brucellosis Milk Surveillance Test (BMST)<ol> [Brucellosis ring test 
(BRT)]. The brucellosis<nl> milk surveillance <ol> [ring] test, conducted by 
methods approved by <nl>USDA-APHIS-VS <ol> [the National Veterinary Services 
Laboratory], is a test that may be used to classify herds or cattle as suspected 
of being infected with brucellosis. 
(5)-(10) (No change.) 
(c) (No change.) 
(d) Requirements for a herd test. 
(1) Test eligibility. 
(A) (No change.)
(B) Other than priority herds--All non-exempt cattle 18 months of age and older 
except steers<nl> and,<ol> [,] spayed heifers [, official vaccinates of dairy 
breeds under 20 months of age, and official calfhood vaccinates of beef breeds 
under 24 months of age. Official calfhood vaccinates that are parturient or 
postparturient are test eligible regardless of age]. 
(2) Calfhood vaccination requirements. All female cattle between four and 12 
months of age in affected herds must be vaccinated at the time of testing. 
(3) Identification requirements. All cattle tested shall be identified with 
either an official eartag, an individual registration tattoo, or individual 
registration brand. All cattle in priority herds except steers, spayed heifers, 
and bulls under 18 months must be officially identified regardless of test 
eligibility. 
(e)-(h) (No change.) 
(i) Movement of cattle classified as reactors, exposed or suspects. There shall 
be no diversion from the permitted destination. When moved, the cattle must be 
maintained separate and apart from all other classes of livestock in pens 
reserved for this purpose at livestock markets or trucking facilities. These 
pens must be thoroughly cleaned and disinfected before reuse. 
(1)-(2) (No change.) 
(3) Suspects. Suspects will be moved the same as exposed cattle, except a 
vaccinated suspect(s) at a livestock market in a consignment of otherwise 
negative cattle (where the suspect is card positive on the presumptive test and 
negative to supplemental tests) may move as follows: In a single consignment of 
cattle, which are from a producer's herd of origin, the owner shall either 
return the vaccinated suspect(s) under<nl> hold order<ol> [quarantine] to the 
herd of origin until the suspect(s) is negative to the card test, declared a 
stabilized suspect by an epidemiologist after subsequent test(s) conducted in 
not less than 30 days, or classified as a reactor on a subsequent test: or sell 
the suspect(s) to a quarantined feedlot, designated pen, quarantined pasture, or 
to slaughter, identified with an "S" brand. Card negative cattle in this 
consignment may move from the market unrestricted. Consignments containing a 
card positive but supplemental negative non vaccinated suspect(s) may move from 
the market unrestricted. 
(j)-(k) (No change.) 
(l) Requirements following classification of a dairy or a beef animal or a bison 
as a reactor or a suspect. 
(1) The herd of which the reactor or the suspect was a part shall be placed 
under quarantine <nl>or hold order. When brucellosis infection is diagnosed in a 
herd, a quarantine will be placed on the herd. Any herd with fence line or 
across the road contact with the quarantined herd will be evaluated by a USDA or 
TAHC epidemiologist who will determine whether the herd should be placed under 
hold order. Other adjacent or high risk herds may be placed under hold 
order.<ol> [An adjacent or high risk herd may be placed under quarantine.]
(2) All cattle in the herd except bulls less than 18 months of age, steers, and 
spayed heifers are included in the quarantine <nl>or hold order<ol>. Any 
movement of quarantined cattle shall conform to subsections (h) and (i) of this 
section concerning identification and movement of reactor, exposed, or suspect 
cattle. Release of the quarantine will be as described in paragraph (7) of this 
subsection. 
(3)-(7) (No change.) 
(m)-(v) (No change.) 
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. 
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800805
Terry Beals, DVM
Executive Director
Texas Animal Health Commission
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 719-0714

4 TAC sec.35.3
The Texas Animal Health Commission proposes an amendment to sec.35.3, concerning 
the requirements for certified brucellosis free herds of cattle relating to 
eradication of brucellosis in cattle. The amendment is being proposed to replace 
language referring to a milk ring test with the Brucellosis Milk Surveillance 
Test. This change will allow the state/federal laboratory more testing latitude. 
Ms. Suzy Beightler Whittenton, Assistant Executive Director for Administration, 
has determined that for the first five-year period the rule is in effect, there 
will be no fiscal implications for state or local government as a result of 
enforcing or administering the rule. The agency has made a categorical statement 
that this rule relates to the qualifying methods of herds certifying for 
brucellosis free herd status and does not impact private real property rights. 
Terry L. Beals, DVM, Executive Director, also has determined that for each year 
of the first five years the rule is in effect, the public benefit anticipated as 
a result of enforcing the rule will be to allow the state/federal lab more 
latitude in conducting milk ring tests in order for a producer's herd to be 
certified as brucellosis free. 
Comments regarding this proposal or requests for public hearings should be 
directed to Ms. Tiffany N. Norvell, P.O. Box 12966, Austin, Texas 78711-2966; or 
by Email: tiffanyn@tahc.state.tx.us 
The amendment is proposed under the Texas Agriculture Code, Chapter 161, 
Subchapter C, sec.sec.161.041 and 161.046 which authorize the Commission to 
enact rules to eradicate communicable disease, and Chapter 163, Subchapter D, 
sec.163.064 which authorizes the Commission to adopt rules relating to the 
testing of cattle. 

sec.35.3.Requirements for Certified Brucellosis Free Herd of Cattle.
(a)-(c) (No chnge.)
(d) Qualifying methods. A herd may qualify by one or more of the following 
methods. 
(1) Initial certification. 
(A) <nl>Brucellosis Milk Surveillance Test (BMST)<ol> [Milk ring test (BRT)]. A 
minimum of four consecutive, negative milk ring tests conducted at not less than 
90-day intervals, followed by a negative herd blood test conducted within 90 
days after the last negative milk ring test. 
(B) (No change.)
(2)-(3) (No changs.) 
(e) Qualifying Standards. 
(1) Herd infection rates. The individual herd must disclose no evidence of 
infection at the time of initial certification or recertification.
(A negative blood test and a complete epidemiological investigation may be used 
to resolve a suspicious <nl>BMST<ol> [BRT] in qualifying a dairy herd.) 
(2)-(5) (No change.) 
(f) (No change.)
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. 
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800806
Terry Beals, DVM
Executive Director
Texas Animal Health Commission
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 719-0714

4 TAC sec.35.6
The Texas Animal Health Commission proposes an amendment to sec.35.6, concerning 
indemnity payments to owners of cattle infected with or exposed to brucellosis 
relating to the eradication of brucellosis in cattle. The proposed amendment 
would change the criteria for the selection of herds for indemnity payment 
requiring that the herd have a professional diagnosis. The proposed amendment 
also deletes language referencing specific dollar amounts for indemnity 
replacing it with broader definitive terms allowing the Commission more 
flexibility in encouraging owners of cattle which have been infected with or 
exposed to brucellosis to depopulate those herds or cattle. The amendment also 
states that a professional appraiser will establish the value of the cattle or 
herds selected for indemnity. Depopulation funds may also be paid for calves at 
a rate up to $400.00 or the appraised market value, minus salvage. 
Ms. Suzy Beightler Whittenton, Assistant Executive Director for Administration, 
has determined that for the first five-year period the rule is in effect, there 
will be no net fiscal implications for state or local government as a result of 
enforcing or administering the rule. The funds, if available, will be provided 
by the federal government. The agency has made a categorical statement that this 
rule relates to the handling of animals and does not affect private real 
property rights. 
Terry L. Beals, DVM, Executive Director, also has determined that for each year 
of the first five years the rule is in effect, the public benefit anticipated as 
a result of enforcing the rule will be to allow owners of herds or cattle 
infected with or exposed to brucellosis a more fair indemnity for depopulating 
those herds or cattle, and will help the state completely eradicate brucellosis 
in cattle in order to be classified as a Class-Free state. The speedy 
achievement of this classification will ensure that cattle originating in herds 
from Texas are able to be exported to other states without implications. 
Comments regarding this proposed amendment or requests for public hearings 
should be directed to Ms. Tiffany N. Norvell, P.O. Box 12966, Austin, Texas 
78711-2966; or by Email: tiffanyn@tahc.state.tx.us 
The amendment is proposed under the Texas Agriculture Code, Chapter 161, 
Subchapter C, sec.sec.161.061 and 161.046 which authorize the Commission to 
enact rules to eradicate communicable disease, and Chapter 163, Subchapter D, 
sec.163.038 which authorizes the Commission to issue indemnity payments.

sec.35.6.Indemnity Payments to Owners of Cattle <nl> Infected With or Exposed to 
Brucellosis <ol>
(a) (No change.)
(b) Criteria for selection of herds for indemnity payment:
[(1) at least 10% of the cattle tested on the initial herd test must have been 
classified as reactors; or] 
<nl>(1)<ol> [(2)] the herd must have<nl> a professional diagnosis, supported by 
culture or significant serology and compatible history<ol> [had two consecutive 
herd tests on which reactors were disclosed]; or 
<nl>(2)<ol> [(3])a herd not meeting paragraph
(1) [or (2)] of this subsection is recommended for indemnity by the state 
epidemiologist; 
<nl>(3)<ol> [(4)] all selections of herds <nl> or cattle for payment of 
indemnity are subject to availability of funds. <ol>
(c) General Requirements 
(1) The commission, through its executive director, will determine the amount 
and number of animals for which indemnity will be paid. The owner of a herd 
selected for indemnity may be reimbursed from TAHC funds for depopulation <nl> 
as follows<ol> [at a total rate not to exceed]: 
(A) <nl>All negative exposed sexually intact cattle will be appraised based upon 
market value by a professional appraiser selected by TAHC at TAHC expense<ol> 
[$100 per head for not more than 100 negative exposed sexually intact females 18 
months of age and older and not more than five negative exposed bulls 18 months 
of age and older]; and 
(B) <nl>No payment will exceed the appraised value of the cattle as disclosed by 
the TAHC appraiser<ol> [Actual cost of spaying not to exceed $10 per head. A 
spaying certificate and the proof of payment for cost of spaying must be 
submitted simultaneously with the indemnity claim]
(2) <nl>Depopulation funds may be paid for all calves at a rate of up to 
$400.00, or appraised market value, minus salvage<ol> [Depopulation funds shall 
not be paid for steers and spayed heifers].
[(3) All bull calves shall be castrated.]
<nl>(3)<ol> [(4)]To receive TAHC indemnity funds, all sexually intact cattle for 
depopulation must be removed from the premise within 45 days after the offer for 
indemnity payment is made to the herd owner. The offer date will be documented 
on the form TAHC 93-14. 
<nl>(4)<ol> [(5)] Depopulated cattle shall be branded with the letter "B" high 
on the left hip near the tailhead and identified with a reactor eartag within 
the specified time intervals according to state/federal requirements and prior 
to movement from the premise. 
<nl>(5)<ol> [(6)]Cattle shall be moved from the premise accompanied with a VS 1-
27. They shall either be moved directly to slaughter or through an approved 
livestock market for sale directly to slaughter and accompanied with a VS 1-27 
from the market. In either case, the cattle shall be slaughtered within the 
specified time intervals according to state/federal regulations following 
identification. Steers and spayed heifers may be retained on the premise or move 
without restrictions. 
<nl>(6)<ol> [(7)]The owner of a herd approved for depopulation must agree to 
complete a herd test of eligible animals no later than six months after 
repopulation with test-eligible breeding replacements.
<nl>(7)<ol> [(8)]The owner of a herd approved for depopulation must agree to 
complete a herd test of eligible animals in units not depopulated six to 12 
months after depopulation. 
(d) If approved by the state epidemiologist, an owner may be paid $200 per B. 
abortus Strain 19 reactor, not to exceed the greater of five head or 5.0% of the 
herd.
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. 
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800807
Terry Beals, DVM
Executive Director
Texas Animal Health Commission
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 719-0714

CHAPTER 49.Equine
4 TAC sec.49.1
The Texas Animal Health Commission proposes an amendment to sec.49.1, concerning 
Equine Infectious Anemia: Identification and Handling of Infected Equine. The 
proposed amendment would allow the movement of a reactor equine directly to a 
livestock market, if sold for slaughter, provided that the animal is inspected 
and found to display no clinical signs of EIA, as well as, isolated from the 
other equine and held on the premise no longer than 24 hours. The amendment also 
deletes the exemption of auction markets to require a negative EIA test prior to 
entry. 
Ms. Suzy Beightler Whittenton, Assistant Executive Director for Administration, 
has determined that for the first five-year period the rule is in effect, there 
will be no fiscal implications for state or local government as a result of 
enforcing or administering the rule. The agency has made a categorical statement 
that this rule relates to the handling of animals and does not affect private 
real property rights. 
Terry L. Beals, DVM, Executive Director, also has determined that for each year 
of the first five years the rule is in effect, the public benefit anticipated as 
a result of enforcing the rule will be to allow a more fair market price for 
reactor equine and to more effectively control EIA by ensuring that equine 
owners may bring equine to a public auction and buy equine at a public auction 
without the fear of an unknown test status on the equine. 
Comments regarding this proposed amendment or requests for a public hearing 
should be directed to Ms. Tiffany N. Norvell, P.O. Box 12966, Austin, Texas 
78711-2966; or by Email: tiffanyn@tahc.state.tx.us
The amendment is proposed under the Texas Agriculture Code, Chapter 161, 
Subchapter C, sec.161.041 and sec.161.046 which authorize the Commission to 
enact rules to eradicate equine infectious anemia, including rules regarding 
testing; and Subchapter G, sec.161.112 which authorizes the Commission to 
regulate the movement of animals from livestock markets and to require tests. 

sec.49.1.Equine Infectious Anemia (EIA): Identification and Handling of Infected 
Equine.
(a)-(g) (No change.) 
(h) Movement of Reactors and Exposed Equine. 
(1) Reactor equine. Following official identification, a reactor must be 
accompanied by a VS Form 1-27 permit issued by an accredited veterinarian or 
other authorized state or federal personnel when moved from its home premises 
either: 
(A) Directly to a slaughter plant, slaughter-only market, or slaughter-only 
buying facility; or 
(B) Directly to an approved diagnostic or research facility<nl>; or <ol>
<nl>(C)<ol> <nl>Directly to a livestock market to be sold for slaughter, 
provided that within 24 hours prior to entry, the equine is inspected by a TAHC 
veterinarian or a Texas USDA-accredited veterinarian to ensure the equine 
displays no clinical signs of EIA and has a normal temperature. The auction 
market must isolate the positive equine from other equine, pen the positive 
equine under a roof, and hold the positive equine on the premise for no longer 
than 24 hours. <ol>
(2) (No change.) 
(i)-(k) (No change.) 
(l) Requirements for Change of Ownership. A negative EIA test within the 
previous 12 months is required for all equine changing ownership in Texas, 
including horses moving to slaughter [, provided an equine may sell at public 
auction without proof of a negative test:] 
[(1) if the animal is sold to slaughter, to be tested at the slaughter facility 
at Commission expense; or] 
[(2) if the animal is sold to other than slaughter, the auction market:] 
[(A) marks the buyer's sheet with a stamp provided by the Commission that has 
the following statement: "To the best of our knowledge, this horse(s) has not 
been tested for EIA and is being sold as is", and]
[(B) provides the buyer with an educational pamphlet supplied by the 
Commission.] 
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.
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800809
Terry Beals, DVM
Executive Director
Texas Animal Health Commission
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 719-0714

TITLE 16. ECONOMIC REGULATION
PART II. Public Utility Commission of Texas
CHAPTER 23.Substantive Rules
General Rules
16 TAC sec.sec.23.1, 23.2, 23.4
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Public Utility 
Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Public Utility Commission of Texas (PUC) proposes the repeal of sec.23.1, 
relating to Purpose and Scope of Rules; sec.23.2, relating to Severability 
Clause; and sec.23.4, relating to Statement of Nondiscrimination. Project Number 
17709 has been assigned to the proposed repeal of sec.sec.23.1, 23.2, and 
sec.23.4. The Appropriation Act of 1997, House Bill 1, Article IX, Section 167 
(Section 167) requires that each state agency review and consider for readoption 
each rule adopted by that agency pursuant to the Government Code, Chapter 2001 
(Administrative Procedures Act). Such reviews shall include, at a minimum, an 
assessment by the agency as to whether the reason for adopting or readopting the 
rule continues to exist. The PUC held three workshops to conduct a preliminary 
review of its rules. As a result of these workshops, the PUC is reorganizing its 
current substantive rules located in 16 Texas Administrative Code (TAC) Chapter 
23 to (1) satisfy the requirements of Section 167; (2) repeal rules no longer 
needed; (3) update existing rules to reflect changes in the industries regulated 
by the commission; (4) do clean-up amendments made necessary by changes in law 
and commission organizational structure and practices; (5) reorganize rules into 
new chapters to facilitate future amendments and provide room for expansion; and 
(6) reorganize the rules according to the industry to which they apply. As a 
result of this reorganization, sec.sec.23.1, 23.2, and 23.4 will be duplicative 
of proposed new sections in Chapter 25 of this title (relating to Substantive 
Rules Applicable to Electric Service Providers) and Chapter 26 of this title 
(relating to Substantive Rules Applicable to Telecommunications Service 
Providers). 
Paula Mueller, deputy chief, Office of Regulatory Affairs, has determined that 
for each year of the first five-year period these repeals are in effect there 
will be no fiscal implications for state or local government as a result of 
enforcing or administering the repeals. 
Ms. Mueller also has determined that for each year of the first five years the 
repeals are in effect, the public benefit anticipated as a result of the repeals 
will be the elimination of unnecessary rules. There will be no effect on small 
businesses as result of repealing these sections. There is no anticipated 
economic cost to persons as a result of repealing these sections. Ms. Mueller 
also has determined that for each year of the first five years the repeals are 
in effect there will be no impact on employment in the geographical area 
affected by the repeal of these sections. 
Comments on the proposed repeals (16 copies) may be submitted to the Filing 
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 
13326, Austin, Texas 78711- 3326, within 30 days after publication. All comments 
should refer to Project Number 17709. 
These repeals are proposed under the Public Utility Regulatory Act, Texas 
Utilities Code Annotated sec.14.002 (Vernon 1998) (PURA), which provides the 
Public Utility Commission with the authority to make and enforce rules 
reasonably required in the exercise of its powers and jurisdiction.
Cross Index to Statutes: Public Utility Regulatory Act sec.14.002.
sec.23.1. Purpose and Scope of Rules.
sec.23.2. Severability Clause.
sec.23.4. Statement of Nondiscrimination.
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. 
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800819
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 936-7308

Telephone
16 TAC sec.23.98
The Public Utility Commission of Texas (PUC) proposes an amendment to sec.23.98, 
relating to Abbreviated Dialing Codes. The proposed amendment will reserve 711 
for Telecommunications Relay Services and allow telecommunications providers to 
provide 311 non-emergency governmental services pursuant to the First Report and 
Order in 12 FCC Rcd. 5572, CC Docket Number 92-105, FCC 97-51, In the Matter of 
the Use of N11 Codes and Other Abbreviated Dialing Arrangements. Project Number 
17264 has been assigned to this proposed amendment. 
Ms. Janis Ervin, senior utilities analyst, Office of Regulatory Affairs-
Telecommunications Division, has determined that for each year of the first 
five-year period the proposed 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. Eric White, assistant general counsel, Office of 
Regulatory Affairs-Legal Division has determined that for each year of the first 
five years the proposed section is in effect the public benefit anticipated as a 
result of enforcing the section will be to alleviate the burden on the 911 
system due to non-emergency calls. The effect will be to allow the 911 system to 
focus more of its resources on emergency calls. There will be no effect on small 
businesses as result of enforcing this section. There is no anticipated economic 
cost to persons who are required to comply with the section as proposed. 
Mr. White has also determined that for each year of the first five years the 
proposed section is in effect there will be no impact on employment in the 
geographical area affected by implementing the requirements of the section.
Comments on the proposed amendment (16 copies) may be submitted to the Filing 
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 
13326, Austin, Texas 78711-3326, within 30 days after publication. All comments 
should refer to Project Number 17264. A public hearing on this rulemaking will 
be held at the offices of the PUC at 10:00 a.m. on March 2, 1998. 
This amendment is proposed under the Public Utility Regulatory Act, Texas 
Utilities Code Annotated, sec.14.002 (PURA), which provides the Public Utility 
Commission with the authority to make and enforce rules reasonably required in 
the exercise of its powers and jurisdiction, and specifically sec.52.001, which 
authorizes the Public Utility Commission to formulate and apply rules to protect 
the public interest due to federal administrative actions. 
Cross Index to Statutes: Public Utility Regulatory Act, sec.14.002 and 
sec.52.001. 

sec.23.98. Abbreviated Dialing Codes.
(a) The following abbreviated dialing codes may be used in Texas: 
<nl>(1)<ol> 311 - Non-Emergency Governmental Service; 
<nl>(2)<ol> [(1)] 411: 
(A) Directory Assistance; <nl>and<ol> 
(B) Directory Assistance Call Completion; 
<nl>(3)<ol> [(2)] 611 -- Repair Service;
<nl>(4)<ol> 711 -- Telecommunications Relay Service; 
<nl>(5)<ol> [(3)] 811 -- Business Office; <nl>and<ol> 
<nl>(6)<ol> [(4)] 911 -- Emergency service. 
(b) The following N11 dialing codes are not assigned for use in Texas: 
(1) 211; <nl>and<ol> 
[(2) 311;] 
<nl>(2)<ol> [(3)] 511[;] 
[(4) 711]. 
(c)-(d) (No change.) 
(e) The following limitations apply to a CTU's use of N11 dialing codes for 
internal business and testing purposes: 
(1) use may not interfere with the assignment of such numbers by the FCC and the 
<nl>North American Numbering Plan (NANP)<ol> [NANP]; and 
(2) (No change.) 
<nl>(f)<ol> 311 Service. 
<nl>(1)<ol> Scope and Purpose. This subsection applies to the assignment and 
provision of 311 service. Through this subsection, the commission strives to 
strengthen the 911 system by potentially alleviating congestion on the 911 
system through the establishment of a framework for governmental entities to 
implement a 311 system for non-emergency police and other governmental services. 
<nl>(2)<ol> Definitions. The following words and terms, when used in this 
subsection, shall have the following meanings, unless the context clearly 
indicates otherwise. 
<nl>(A)<ol> "Certificated telecommunications utility" has the meaning assigned 
by sec.23.3 of this title (relating to Definitions).
<nl>(B)<ol> "Governmental entity" means any county, municipality, emergency 
communication district, regional planning commission, appraisal district, or any 
other subdivision or district that provides, participates in the provision of, 
or has authority to provide fire- fighting, law enforcement, ambulance, medical, 
911, or other emergency service as defined in Texas Health & Safety Code 
sec.771.001 (1997). 
<nl>(C)<ol> "911 system" means a system of processing emergency 911 calls, as 
defined in Texas Health & Safety Code sec.771.001 (1997) . 
<nl>(D)<ol> "Selective routing" means the feature provided with 311 service by 
which 311 calls are automatically routed to the 311 Answering point for serving 
the place from which the call originates. 
<nl>(E)<ol> "311 Answering point" means a communications facility that: 
<nl>(i)<ol> is operated during normal business hours; 
<nl>(ii)<ol> is assigned the responsibility to receive 311 calls and, as 
appropriate, to dispatch the non-emergency police or other governmental 
services, or to transfer or relay 311 calls to the governmental entity; 
<nl>(iii)<ol> is the first point of reception by a governmental entity of a 311 
call; and 
<nl>(iv)<ol> serves the jurisdictions in which it is located or other 
participating jurisdictions. 
<nl>(F)<ol> "311 Service" means a telecommunications service provided by a 
certificated telecommunications provider through which the end user of a public 
telephone system has the ability to reach non- emergency police and other 
governmental services by dialing the digits 3-1-1. 311 Service must contain the 
selective routing feature or other equivalent state-of-the-art feature. 
<nl>(G)<ol> "311 Service request" means the initial communication between a 
governmental entity and a certificated telecommunications utility for the 
provision of 311 Service. 
<nl>(H)<ol> "311 System" means a system of processing 311 calls. 
<nl>(3)<ol> A certificated telecommunications utility must have a commission- 
approved application to provide 311 Service.
<nl>(4)<ol> Requirements of application by certificated telecommunications 
utility. 
<nl>(A)<ol> Applications, tariffs, and notices filed under this subsection shall 
be written in plain language, shall contain sufficient detail to give customers, 
governmental entities, and other affected parties adequate notice of the filing, 
and shall conform to the requirements of sec.23.26 of this title (relating to 
New & Experimental Services) or sec.23.27 of this title (relating to Rate-
Setting Flexibility for Services Subject to Significant Competitive Challenges), 
whichever is applicable. 
<nl>(B)<ol> A copy of the text of the proposed notice to notify the public of 
the request for 311 Service and the filing of an application for regulatory 
approval of the certificated telecommunications utility's provision of 311 
service. 
<nl>(C)<ol> No application for 311 Service allowing the governmental entity to 
charge its citizens a fee for using the 311 system shall be approved. 
<nl>(5)<ol> Notice. The presiding officer shall determine the appropriate level 
of notice to be provided and may require additional notice to the public. 
<nl>(A)<ol> The certificated telecommunications utility shall file with the 
commission a copy of the text of the proposed notice to notify the public of the 
request for 311 Service and the filing of an application for regulatory approval 
of the certificated telecommunications utility's provision of 311 service. This 
copy of the proposed notice shall be filed with the commission not later than 10 
days after the certificated telecommunications utility receives the 311 Service 
Request; and 
<nl>(B)<ol> The proposed notice shall include the identity of the governmental 
entity, the geographic area to be affected if the new 311 Service is approved, 
and the following language: "Persons who wish to comment on this application 
should notify the commission by (specified date, 30 days after notice is 
published in the Texas Register). Requests for further information should be 
mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 
78711-3326, or you may call the Public Utility Commission's Office of Customer 
Protection at (512) 936-7120. Hearing- and speech-impaired individuals with text 
telephones (TTY) may contact the commission at (512) 936-7136." 
<nl>(6)<ol> A certificated telecommunications utility will provide 311 Service 
only to governmental entities. 
<nl>(7)<ol> A 311 Service request is the request that starts the six-month 
deadline to "take any necessary steps to complete 311 calls" as required by the 
Federal Communications Commission's Order In the Matter of the Use of N11 Codes 
and Other Abbreviated Dialing Arrangements, CC Docket Number 92-105, FCC 97-51, 
12 F.C.C.R. 5572 (February 19, 1997).
<nl>(8)<ol> 311 calls shall not be completed over the 9-1-1 network or use the 
9-1- 1 database. 
<nl>(9)<ol> The 311 network shall not be used for commercial advertisements. 
<nl>(10)<ol> When a certificated telecommunications utility uses Automatic 
Number Identification (ANI) Service, Automatic Location Identification (ALI) 
Service or other equivalent information-gathering feature for the provision of 
311 Service, a corresponding seven-digit number without that feature must be 
maintained allowing access to the same non-emergency police and governmental 
services offered by the 311 Service. 
<nl>(11)<ol> The commission shall have the authority to limit the use of 311 
abbreviated dialing codes to applications that are found to be in the public 
interest. 
<nl>(12)<ol> The commission shall have the authority to decide which 
governmental entity shall provide 311 Service when there are conflicting 
requests for concurrent 311 Service for the same geographic area, to the extent 
that negotiations between or among the affected governmental entities fail. The 
commission shall consider the following factors in determining conflicting 
requests for 311 Service: 
<nl>(A)<ol> the nature of the service(s) to be provided by the governmental 
entity; and 
<nl>(B)<ol> the potential magnitude of use of the requested 311 Service (i.e., 
the number of residents served by the governmental entity).
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.
Filed with the Office of the Secretary of State on January 16, 1998.
TRD-9800722
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 936-7308

CHAPTER 25.Substantive Rules Applicable to Electric Service Providers
SUBCHAPTER A.General Provisions
16 TAC sec.sec.25.1, 25.2, 25.3, 25.4
The Public Utility Commission of Texas (PUC) proposes new sec.25.1, relating to 
Purpose and Scope of Rules; sec.25.2, relating to Cross-Reference Transition 
Provision; sec.25.3, relating to Severability Clause; and sec.25.4, relating to 
Statement of Nondiscrimination. Project Number 17709 has been assigned to these 
proposed new rules. The Appropriation Act of 1997, HB 1, Article IX, Section 167 
(Section 167) requires that each state agency review and consider for readoption 
each rule adopted by that agency pursuant to the Government Code, Chapter 2001 
(Administrative Procedure Act). Such reviews shall include, at a minimum, an 
assessment by the agency as to whether the reason for adopting or readopting the 
rule continues to exist. The PUC held three workshops to conduct a preliminary 
review of its rules. As a result of these workshops, the PUC is reorganizing its 
current substantive rules located in 16 Texas Administrative Code (TAC) Chapter 
23 to (1) satisfy the requirements of Section 167; (2) repeal rules no longer 
needed; (3) update existing rules to reflect changes in the industries regulated 
by the commission; (4) do clean-up amendments made necessary by changes in law 
and commission organizational structure and practices; (5) reorganize rules into 
new chapters to facilitate future amendments and provide room for expansion; and 
(6) reorganize the rules according to the industry to which they apply. 16 TAC 
Chapter 25 has been established for all commission substantive rules applicable 
to electric service providers. The duplicative sections of Chapter 23 will be 
proposed for repeal as each new section is proposed for publication in Chapter 
25. 
New rule sec.25.1 will replace corresponding sec.23.1 of this title (relating to 
Purpose and Scope of Rules). The proposed language in sec.25.1 has been changed 
to reflect the commission's mission statement and primary goals from its 
strategic plan. 
Many of the commission's current rules cross-reference other rule sections. 
Proposed new rule sec.25.2 is to clarify that during this transition phase, if a 
rule section cross-references another section of the rules in Chapter 23 that 
has been repealed due to the transition to the new chapters, then that cross-
reference now refers to the corresponding section in the new chapter.
New rule sec.25.3 will replace corresponding sec.23.2 of this title (relating to 
Severability Clause). The proposed language in sec.25.3 reflects minor changes 
in sentence structure. 
New rule sec.25.4 will replace corresponding sec.23.4 of this title (relating to 
Statement of Nondiscrimination). The language in sec.25.4 has not been changed 
from the language in sec.23.4. 
Paula Mueller, deputy chief, Office of Regulatory Affairs, has determined that 
for each year of the first five-year period the proposed section is in effect 
there will be no fiscal implications for state or local government as a result 
of enforcing or administering the section. 
Ms. Mueller also has determined that for each year of the first five years the 
proposed section is in effect the public benefit anticipated as a result of 
enforcing the sections will be clarification of the purpose, scope, mission and 
policy of the commission and its rules. There will be no effect on small 
businesses as result of enforcing this section. There is no anticipated economic 
cost to persons who are required to comply with the sections as proposed. Ms. 
Mueller also has determined that for each year of the first five years the 
proposed section is in effect there will be no impact on employment in the 
geographical area affected by implementing the requirements of the section.
Comments on the proposed new rules (16 copies) may be submitted to the Filing 
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 
13326, Austin, Texas 78711-3326, within 30 days after publication. The 
commission invites specific comments regarding whether the reason for adopting 
the rules in Chapter 23 continues to exist in adopting its corresponding section 
in the new chapter. All comments should refer to Project Number 17709.
These new rules are proposed under the Public Utility Regulatory Act, Texas 
Utilities Code Annotated sec.14.002 (PURA), which provides the Public Utility 
Commission with the authority to make and enforce rules reasonably required in 
the exercise of its powers and jurisdiction. 
Cross Index to Statutes: Public Utility Regulatory Act sec.14.002. 

sec.25.1. Purpose and Scope of Rules.
(a) Mission of the Public Utility Commission of Texas (PUC). The mission of the 
PUC is to assure the availability of safe, reliable, high quality services that 
meet the needs of all Texans as just and reasonable rates. To accomplish this 
mission, the PUC shall regulate electric and telecommunications utilities as 
required while facilitating competition, operation of the free market, and 
customer choice. 
(b) This chapter is intended to establish a comprehensive system to accomplish 
the mission of the PUC and to establish the rights and responsibilities of both 
the utility service providers and the consumer. This chapter shall be given a 
fair and impartial construction to obtain these objectives and shall be applied 
uniformly regardless of race, nationality, color, religion, sex, or marital 
status. 

sec.25.2. Cross-Reference Transition Provision. 
A reference in a rule section or part of a section of Chapter 22 of this title 
(relating to Procedural Rules); Chapter 23 of this title (relating to 
Substantive Rules); Chapter 24 of this title (relating to Policy Statements); 
Chapter 25 of this title (relating to Substantive Rules Applicable to Electric 
Service Providers); or Chapter 26 of this title (relating to Substantive Rules 
Applicable to Telecommunications Service Providers) to another section or part 
of a section of Chapter 23 that was repealed after January 1, 1998, refers to 
the corresponding section in Chapter 25 or Chapter 26 that replaced the Chapter 
23 section. 

sec.25.3. Severability Clause. 
The adoption of this chapter will in no way preclude the Public Utility 
Commission of Texas from altering or amending any sections of this chapter in 
whole or in part, or from requiring any other or additional service, equipment, 
facility, or standard, either upon complaint or upon its own motion or upon 
application of any utility. Furthermore, this chapter will not relieve in any 
way a utility or customer from any of its duties under the laws of this state or 
the United States. If any provision of this chapter is held invalid, such 
invalidity shall not affect other provisions or applications of this chapter 
which can be given effect without the invalid provision or application, and to 
this end, the provisions of this chapter are declared to be severable. This 
chapter shall not be construed so as to enlarge, diminish, modify, or alter the 
jurisdiction, powers, or authority of the commission or the substantive rights 
of any person. The commission may make exceptions to this chapter for good 
cause. 

sec.25.4. Statement of Nondiscrimination. 
No utility shall discriminate on the basis of race, nationality, color, 
religion, sex, or marital status. 
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.
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800821
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 936-7308

CHAPTER 26.Substantive Rules Applicable to Telecommunications Service Providers
SUBCHAPTER A.General Provisions
16 TAC sec.sec.26.1, 26.2, 26.3, 26.4
The Public Utility Commission of Texas (PUC) proposes new sec.26.1, relating to 
Purpose and Scope of Rules; sec.26.2, relating to Cross-Reference Transition 
Provision; sec.26.3, relating to Severability Clause; and sec.26.4, relating to 
Statement of Nondiscrimination. Project Number 17709 has been assigned to these 
proposed new rules. The Appropriation Act of 1997, HB 1, Article IX, Section 167 
(Section 167) requires that each state agency review and consider for readoption 
each rule adopted by that agency pursuant to the Government Code, Chapter 2001 
(Administrative Procedure Act). Such reviews shall include, at a minimum, an 
assessment by the agency as to whether the reason for adopting or readopting the 
rule continues to exist. The PUC held three workshops to conduct a preliminary 
review of its rules. As a result of these workshops, the PUC is reorganizing its 
currentsubstantive rules located in 16 Texas Administrative Code (TAC) Chapter 
23to (1) satisfy the requirements of Section 167; (2) repeal rules no longer 
needed; (3) update existing rules to reflect changes in the industries regulated 
by the commission; (4) do clean-up amendments made necessary by changes in law 
and commission organizational structure and practices; (5) reorganize rules into 
new chapters to facilitate future amendments and provide room for expansion; and 
(6) reorganize the rules according to the industry to which they apply. 16 TAC 
Chapter 26 has been established for all commission substantive rules applicable 
to telecommunications service providers. The duplicative sections of Chapter 23 
will be proposed for repeal as each new section is proposed for publication in 
Chapter 26. 
New rule sec.26.1 will replace corresponding sec.23.1 of this title (relating to 
Purpose and Scope of Rules). The proposed language in sec.26.1 has been changed 
to reflect the commission's mission statement and primary goals from its 
strategic plan. 
Many of the commission's current rules cross-reference other rule sections. 
Proposed new rule sec.26.2 is to clarify that during this transition phase, if a 
rule section cross-references another section of the rules in Chapter 23 that 
has been repealed due to the transition to the new chapters, then that cross-
reference now refers to the corresponding section in the new chapter.
New rule sec.26.3 will replace corresponding sec.23.2 of this title (relating to 
Severability Clause). The proposed language in sec.26.3 reflects minor changes 
in sentence structure. 
New rule sec.26.4 will replace corresponding sec.23.4 of this title (relating to 
Statement of Nondiscrimination). The language in sec.26.4 has not been changed 
from the language in sec.23.4. 
Paula Mueller, deputy chief, Office of Regulatory Affairs, has determined that 
for each year of the first five-year period the proposed section is in effect 
there will be no fiscal implications for state or local government as a result 
of enforcing or administering the section. 
Ms. Mueller also has determined that for each year of the first five years the 
proposed section is in effect the public benefit anticipated as a result of 
enforcing the sections will be clarification of the purpose, scope, mission and 
policy of the commission and its rules. There will be no effect on small 
businesses as result of enforcing this section. There is no anticipated economic 
cost to persons who are required to comply with the sections as proposed. Ms. 
Mueller also has determined that for each year of the first five years the 
proposed section is in effect there will be no impact on employment in the 
geographical area affected by implementing the requirements of the section.
Comments on the proposed new rules (16 copies) may be submitted to the Filing 
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 
13326, Austin, Texas 78711-3326, within 30 days after publication. The 
commission invites specific comments regarding whether the reason for adopting 
the rules in Chapter 23 continues to exist in adopting its corresponding section 
in the new chapter. All comments should refer to Project Number 17709.
These new rules are proposed under the Public Utility Regulatory Act, Texas 
Utilities Code Annotated sec.14.002 (PURA), which provides the Public Utility 
Commission with the authority to make and enforce rules reasonably required in 
the exercise of its powers and jurisdiction. 
Cross Index to Statutes: Public Utility Regulatory Act sec.14.002. 

sec.26.1. Purpose and Scope of Rules.
(a) Mission of the Public Utility Commission of Texas (PUC). The mission of the 
PUC is to assure the availability of safe, reliable, high quality services that 
meet the needs of all Texans as just and reasonable rates. To accomplish this 
mission, the PUC shall regulate electric and telecommunications utilities as 
required while facilitating competition, operation of the free market, and 
customer choice. 
(b) This chapter is intended to establish a comprehensive system to accomplish 
the mission of the PUC and to establish the rights and responsibilities of both 
the utility service providers and the consumer. This chapter shall be given a 
fair and impartial construction to obtain these objectives and shall be applied 
uniformly regardless of race, nationality, color, religion, sex, or marital 
status.

sec.26.2.Cross-Reference Transition Provision. 
A reference in a rule section or part of a section of Chapter 22 of this title 
(relating to Procedural Rules); Chapter 23 of this title (relating to 
Substantive Rules); Chapter 24 of this title (relating to Policy Statements); 
Chapter 25 of this title (relating to Substantive Rules Applicable to Electric 
Service Providers); or Chapter 26 of this title (relating to Substantive Rules 
Applicable to Telecommunications Service Providers) to another section or part 
of a section of Chapter 23 that was repealed after January 1, 1998, refers to 
the corresponding section in Chapter 25 or Chapter 26 that replaced the Chapter 
23 section.

sec.26.3. Severability Clause.
The adoption of this chapter will in no way preclude the Public Utility 
Commission of Texas from altering or amending any sections of this chapter in 
whole or in part, or from requiring any other or additional service, equipment, 
facility, or standard, either upon complaint or upon its own motion or upon 
application of any utility. Furthermore, this chapter will not relieve in any 
way a utility or customer from any of its duties under the laws of this state or 
the United States. If any provision of this chapter is held invalid, such 
invalidity shall not affect other provisions or applications of this chapter 
which can be given effect without the invalid provision or application, and to 
this end, the provisions of this chapter are declared to be severable. This 
chapter shall not be construed so as to enlarge, diminish, modify, or alter the 
jurisdiction, powers, or authority of the commission or the substantive rights 
of any person. The commission may make exceptions to this chapter for good 
cause. 

sec.26.4. Statement of Nondiscrimination.
No utility shall discriminate on the basis of race, nationality, color, 
religion, sex, or marital status. 
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.
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800822
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 936-7308

PART VI. Texas Motor Vehicle Board
CHAPTER 105. Advertising Rules
16 TAC sec.105.25, sec.105.26
The Texas Motor Vehicle Board proposes an amendment to sec.105.25, concerning 
sales payment disclosures, and simultaneous repeal and proposal of new 
sec.105.26, concerning lease payment disclosures. 
The proposed changes to sec.105.25 amend subsection (5) to clarify the required 
disclosures for the terms of repayment and the annual percentage rate, with 
regard to advertising closed-end credit transactions. 
New sec.105.26 conforms to revised Federal Reserve Board Regulation M (12 CFR 
Part 213) which implements the Consumer Leasing Act (15 U.S.C. 1667-1667e).
The revised Regulation M became effective April 1, 1997 with a mandatory 
compliance date of January 1, 1998. The proposed section establishes new 
disclosure requirements for lease contracts, and revises and streamlines lease 
advertising rules. 
Brett Bray, Director, Motor Vehicle Division has determined that for the first 
five-year period the amendments and new section are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the amendments. 
Mr. Bray also has determined that for the first five-year period the amendments 
and new section are in effect the public benefit anticipated as a result of the 
proposed amendment to sec.105.25 will be to better educate the motor vehicle 
buying public and to more readily allow consumers to compare financing terms. In 
addition, Mr. Bray has determined that the public benefit anticipated as a 
result of new sec.105.26 will be to help consumers shop and compare lease terms 
and conform to federal law governing lease payment disclosures. There will be no 
effect on small businesses and no anticipated additional economic cost to 
persons who are required to comply with the amendments as proposed. 
Comments on the proposal may be submitted to Brett Bray, Director, Motor Vehicle 
Division, Texas Department of Transportation, P. O. Box 2293, Austin, Texas 
78768, (512) 416-4800. The Motor Vehicle Board will consider adoption of the 
proposed amendments and new section at its meeting on March 5, 1998. Comments 
received by February 15, 1998 will be forwarded to the Board two weeks prior to 
hearing. Comments received by March 2, 1998 will be forwarded to the Board the 
next day. A public hearing on the proposed rules will be held in conjunction 
with the Board's public meeting on March 5, 1998. 
The amendments are proposed under the Texas Motor Vehicle Commission Code, 
sec.3.06, which provides the Board with authority to adopt rules necessary and 
convenient to effectuate the provisions of the act and to govern practice and 
procedure before the agency. 
Motor Vehicle Commission Code, sec.5.01 is affected by the proposed amendment.

sec.105.25. Sales Payment Disclosures. 
[The commission is adopting the Federal Trade commission closed end credit 
disclosure rules which presently read as follows]. An advertisement that 
contains any one of the following messages, statements, or terms: 
(1)-(4) (No change.) 
(5) the amount of any finance charge must include the following: 
(A) (No change.) 
(B) the terms of repayment (the number of months to make repayment and the 
amount per month) <nl>including the amount and due date of any balloon 
payment;<ol> [and] 
(C) the annual percentage rate or APR<nl>; and<ol> 
<nl>(D)<ol> the amount of annual percentage rate, if increased, after 
consummation of the credit transaction. 

sec.105.26. Payment Disclosure - Lease.
(a) An advertisement that promotes a consumer lease and contains any of the 
following messages, statements, or terms: 
(1) the amount of any payment; or 
(2) a statement of any capitalized cost reduction or other payment required 
prior to or by delivery, if delivery occurs after consummation, must clearly and 
conspicuously include the following: 
(A) that the transaction advertised is a lease; 
(B) the total amount due prior to or at consummation or by delivery, if delivery 
occurs after consummation; 
(C) the number, amounts, and due dates or periods of scheduled payments under 
the lease; 
(D) a statement of whether or not a security deposit is required; and 
(E) a statement that an extra charge may be imposed at the end of the lease term 
where the lessee's liability, if any, is based on the difference between the 
residual value of the leased property and its realized value at the end of the 
lease term. 
(b) Except for a periodic payment, a reference to a charge as described in 
subsection (a)(2)(B), i.e., to components of the total due at lease signing or 
delivery, cannot be more prominently advertised than the disclosure of the total 
amount due at lease signing or delivery. 
(c) If a percentage rate is advertised, that rate shall not be more prominent 
than any of the following disclosures stated in the advertisement, with the 
exception of paragraph (19) of this subsection, the notice required to accompany 
the rate. 
(1) Description of payments. 
(2) Amount due at lease signing or delivery. 
(3) Payment schedule and total amount of periodic payments.
(4) Other itemized charges that are not included in the periodic payment. These 
charges include that amount of any liability that lease imposes upon the lessee 
at the end of the lease term. 
(5) Total of payments. 
(6) Payment calculation: 
(A) Gross capitalized cost. 
(B) Capitalized cost reduction. 
(C) Adjusted capitalized cost. 
(D) Residual value. 
(E) Depreciation and any amortized amounts. 
(F) Rent charge. 
(G) Total of base periodic payments. 
(H) Lease term. 
(I) Base periodic payment. 
(J) Itemization of other charges that are a part of the periodic payment. 
(K) Total periodic payment. 
(7) Early termination conditions and disclosure of charges. 
(8) Maintenance responsibilities. 
(9) Purchase option. 
(10) Statement referencing nonsegregated disclosures.
(11) Liability between residual and realized values.
(12) Right of appraisal. 
(13) Liability at the end of the lease term based on residual value. 
(14) Fees and taxes. 
(15) Insurance. 
(16) Warranties or guarantees. 
(17) Penalties and other charges for delinquency. 
(18) Security interest. 
(19) Limitations on rate information. 
(d) If a lessor provides a percentage rate in an advertisement, a notice stating 
that "this percentage may not measure the overall cost of financing this lease" 
shall accompany the rate disclosure. The lessor shall not use the term "annual 
percentage rate," "annual lease rate," or any equivalent term. 
(e) A multi-page advertisement that provides a table or schedule of the required 
disclosures is considered a single advertisement if, for lease terms that appear 
without all of the required disclosures, the advertisement refers to the page or 
pages on which the table or schedule appears. 
(f) A merchandise tag stating any item listed in subsection (a)(1) or (2) of 
this section, must comply with the disclosures in subsection (a)(2)(A)-(E) of 
this section by referring to a sign or display prominently posted in the 
lessor's place of business that contains a table or schedule of the required 
disclosures. 
(g) An advertisement made through television or radio stating any item listed in 
subsection (a)(1) or (2), must state in the advertisement:
(1) that the transaction advertised is a lease; 
(2) the total amount due prior to or at consummation or by delivery, if delivery 
occurs after consummation; 
(3) the number, amounts, and due dates or periods of scheduled payments under 
the lease; and 
(4) Either: 
(A) a toll-free telephone number along with a reference that such number may be 
used by consumers to obtain the information in subsection (a)(2)(A)-(E) of this 
section. The toll-free telephone number shall be available for no fewer than ten 
days, beginning on the date of the broadcast and the lessor shall provide the 
information in subsection (a)(2)(A)-(E) of this section orally or in writing 
upon request; or, 
(B) direct the consumer to a written advertisement in a publication of general 
circulation in the community served by the media station, including the name and 
the date of the publication, with a statement that the required disclosures in 
subsection (a)(2)(A)-(E) of this section are included in the advertisement. The 
written advertisement shall be published beginning at least three days before 
and ending at least 10 days after the broadcast. 
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.
Filed with the Office of the Secretary of State on January 16, 1998.
TRD-9800726
Brett Bray
Director
Texas Motor Vehicle Board
Proposed date of adoption: March 5, 1998
For further information, please call: (512) 463-8630

16 TAC sec.105.26
(Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Motor 
Vehicle Commission or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Texas Motor Vehicle Commission proposes the repeal of sec.105.26, concerning 
lease payment disclosures. 
Existing sec.105.26 is proposed to be repealed and by a separate simultaneous 
submission, new sec.105.26 is proposed to be adopted to conform the rule to 
revised Federal Reserve Board Regulation M (12 CFR Part 213) which implements 
the Consumer Leasing Act. 
Brett Bray, Director, Motor Vehicle Division, has determined that for the first 
five-year period the repeal of the section is in effect there will be no fiscal 
implications for state or local government as a result of the repeal of the 
section. 
Mr. Bray also has determined that for the first five-year period the repeal is 
in effect the public benefit anticipated is the removal of an inconsistency and 
a conflict with provisions of federal law governing lease payment disclosures. 
There will be no effect on small businesses and no anticipated economic costs to 
any person as a result of the repeal. 
Comments on the proposal may be submitted to Brett Bray, Director, Motor Vehicle 
Division, Texas Department of Transportation, P.O. Box 2293, Austin, Texas 
78768, (512) 416-4800. 
The repeal is proposed under sec.3.06 of the Texas Motor Vehicle Commission Code 
which provides the Commission with authority to adopt, amend and repeal rules as 
may be necessary or convenient to effectuate the provision of the act and to 
govern practice and procedure before the agency. 
Motor Vehicle Commission Code, sec.5.01 is affected by the proposed amendment.
sec.105.26. Payment Disclosures-Lease. 
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.
Filed with the Office of the Secretary of State on January 16, 1998.
TRD-9800727
Brett Bray
Director
Texas Motor Vehicle Board
Proposed date of adoption: March 5, 1998
For further information, please call: (512) 463-8630

PART VIII. Texas Racing Commission
CHAPTER 303.General Provisions
SUBCHAPTER A.Organization of the Commission
16 TAC sec.303.4
The Texas Racing Commission proposes an amendment to sec.303.4, concerning 
Commission meetings. The Texas Racing Act was revised by sunset legislation 
effective September 1, 1997, and in that legislation, the Commission is required 
to adopt rules which provide the public with a reasonable opportunity to appear 
before the Commission and to speak on any issue under the jurisdiction of the 
Commission. In addition, the Commission is required to provide notice to each 
racetrack of each Commission meeting at which rules will be considered. This 
amendment implements those requirements. 
Paula C. Flowerday, Executive Secretary for the Texas Racing Commission, has 
determined that for the first five-year period the amendment is in effect there 
will be no fiscal implications for local government as a result of enforcing the 
proposal. Ms. Flowerday has also determined for the first five-year period the 
amendment is in effect there will be fiscal implications for state government as 
a result of enforcing the proposal. The Commission estimates the annual cost of 
sending the agenda and summary of rule proposals to all racetracks will be 
approximately $100. 
Ms. Flowerday has also determined that for each of the first five years the 
amendment is in effect the public benefit anticipated as a result of enforcing 
the proposal will be that the Commission's rules are consistent with Texas Civil 
Statutes, Article 179e, and that the public has ample notice and opportunity to 
be involved in the Commission's policy making and rulemaking procedures. There 
will be no fiscal implications for small businesses. There is no anticipated 
economic cost to an individual required to comply with the proposal. The 
proposal has no effect on the state's agricultural, horse breeding, horse 
training, greyhound breeding, or greyhound training industries. 
Comments on the proposal may be submitted on or before March 10, 1998, to Paula 
C. Flowerday, Executive Secretary for the Texas Racing Commission, P.O. Box 
12080, Austin, Texas 78711-2080. 
The amendment is proposed under the Texas Civil Statutes, Article 179e, 
sec.3.02, which authorize the Commission to adopt rules for conducting racing 
with wagering and for administering the Texas Racing Act; sec.2.11, which 
requires the Commission to adopt rules providing the public with an opportunity 
to appear before the Commission and address the Commission; and sec.3.02, which 
requires the Commission to post notice of a meeting involving rulemaking at each 
racetrack. 
The proposed amendment implements Texas Civil Statutes, Article 179e. 

sec.303.4.Meetings.
(a) Except as otherwise provided by state law, commission [and section] meetings 
are subject to the <nl>Texas open meetings law, Government Code, Chapter 551<ol> 
[Texas Open Meetings Act, Texas Civil Statutes, Article 6252-17]. 
(b)-(f) (No change.) 
<nl>(g)<ol> <nl>Before each regular commission meeting, the executive secretary 
shall distribute the agenda and a summary of each rule scheduled for proposal at 
the meeting to each licensed racetrack, each official breed registry, the 
officially recognized horsemen's organization, and the Texas Veterinary Medical 
Association. An association shall post the agenda and rules in a prominent place 
that will ensure access by interested persons. <ol>
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. 
Filed with the Office of the Secretary of State, on January 12, 1998.
TRD-9800440
Paula C. Flowerday
General Counsel
Texas Racing Commission
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 833-6699

CHAPTER 305.Licenses for Pari-mutuel Racing
SUBCHAPTER D.Suspension and Revocation of Licenses
16 TAC sec.305.244
The Texas Racing Commission proposes an amendment to sec.305.244, concerning 
failure to disclose. The Texas Racing Act was revised by sunset legislation 
effective September 1, 1997, and in that legislation, the Commission is 
authorized to revoke, suspend, or deny a racetrack license if the applicant has 
failed to fully disclose the true owners of all interests in the racetrack 
facility. 
Paula C. Flowerday, Executive Secretary for the Texas Racing Commission, has 
determined that for the first five-year period the proposal is in effect there 
will be no fiscal implications for state or local government as a result of 
enforcing the proposal. 
Ms. Flowerday has also determined that for each of the first five years the 
proposal is in effect the public benefit anticipated as a result of enforcing 
the proposal will be that the Commission's rules are consistent with the 
applicable state law and that the state's licensed racetracks will be owned and 
operated in accordance with the law. There will be no fiscal implications for 
small businesses. There is no anticipated economic cost to an individual 
required to comply with the proposal. The proposal has no effect on the state's 
agricultural, horse breeding, horse training, greyhound breeding, or greyhound 
training industries. 
Comments on the proposal may be submitted on or before March 10, 1998, to Paula 
C. Flowerday, Executive Secretary for the Texas Racing Commission, P.O. Box 
12080, Austin, Texas 78711-2080. 
The amendment is proposed under the Texas Civil Statutes, Article 179e, 
sec.3.02, which authorize the Commission to adopt rules for conducting racing 
with wagering and for administering the Texas Racing Act; and sec.6.06 which 
authorizes the Commission to adopt rules regarding racetrack license 
applications. 
The proposed amendment implements Texas Civil Statutes, Article 179e. 

sec.305.244.Failure to Disclose.
The commission may suspend or revoke a license if the commission determines that 
the licensee: 
(1) failed to provide information required in the license application; 
(2) provided false information in the license application; [or] 
(3) failed to disclose an ownership interest in a horse or greyhound as required 
by a rule of the commission<nl>; or<ol> 
<nl>(4)<ol> <nl>failed to fully disclose the true owners of all interests, 
beneficial or otherwise, in a proposed racetrack facility<ol>. 
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.
Filed with the Office of the Secretary of State, on January 12, 1998.
TRD-9800439
Paula C. Flowerday
General Counsel
Texas Racing Commission
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 833-6699

CHAPTER 307.Practice and Procedure
SUBCHAPTER D.Rulemaking
16 TAC sec.307.302
The Texas Racing Commission proposes an amendment to sec.307.302, concerning the 
Commission's rulemaking procedure. The Texas Racing Act was revised by sunset 
legislation effective September 1, 1997, and in that legislation, the Commission 
is required to distribute a copy of each proposed rule to each racetrack 
location. This amendment implements that requirement. 
Paula C. Flowerday, Executive Secretary for the Texas Racing Commission, has 
determined that for the first five-year period the amendment is in effect there 
will be no fiscal implications for local government as a result of enforcing the 
proposal. Ms. Flowerday has also determined for the first five-year period the 
amendment is in effect there will be fiscal implications for state government as 
a result of enforcing the proposal. The Commission estimates the annual cost of 
sending the proposed rules to all racetrack locations will be approximately $45. 
Ms. Flowerday has also determined that for each of the first five years the 
amendment is in effect the public benefit anticipated as a result of enforcing 
the proposal will be that the Commission's rules are consistent with applicable 
state law and that the racetracks and occupational licensees will have notice of 
the Commission's rulemaking processes. There will be no fiscal implications for 
small businesses. There is no anticipated economic cost to an individual 
required to comply with the proposal. 
Comments on the proposal may be submitted on or before March 10, 1998, to Paula 
C. Flowerday, Executive Secretary for the Texas Racing Commission, P.O. Box 
12080, Austin, Texas 78711-2080. 
The amendment is proposed under the Texas Civil Statutes, Article 179e, 
sec.3.02, which authorize the Commission to adopt rules for conducting racing 
with wagering and for administering the Texas Racing Act and which requires the 
posting of proposed rules at each racetrack location. 
The proposed amendment implements Texas Civil Statutes, Article 179e. 

sec.307.302.<nl>Rulemaking Procedure <ol>[Amendment, Deletions, and Additions of 
Rules].
(a) <nl>The executive secretary or a commission member may present to the 
commission a suggested new rule, amendment to an existing rule, or repeal of a 
rule.<ol> [A proposed addition, amendment, or repeal to the commission rules may 
be made by a commission member by filing the proposal with the executive 
secretary.] 
(b) The commission staff shall provide a copy of <nl>each suggested new rule, 
amendment to an existing rule, or repeal of a rule<ol> [a proposal made under 
this section] to each commission member before the [next regular or special] 
commission meeting <nl> at which the rule will be considered<ol>. 
<nl>(c)<ol> <nl> If the commission votes to propose a suggested new rule, 
amendment to an existing rule, or repeal of a rule, the executive secretary 
shall file the proposal for publication in the Texas Register in accordance with 
the Administrative Procedure Act, Government Code, Chapter 2001. Concurrently 
with filing with the Texas Register, the executive secretary shall distribute a 
copy of each proposal to each association. On receipt of a proposal, an 
association shall promptly post the proposal in a prominent place that will 
ensure access by interested persons. <ol>
[(c) On approval of the proposal, the amendment, deletion, or addition to the 
commission rules will be adopted in accordance with the Administrative Procedure 
and Texas Register Act, Texas Civil Statutes, Article 6252-13a.] 
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. 
Filed with the Office of the Secretary of State, on January 12, 1998.
TRD-9800438
Paula C. Flowerday
General Counsel
Texas Racing Commission
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 833-6699

CHAPTER 309.Operation of Racetracks
SUBCHAPTER A.General Provisions
Facilities and Equipment
16 TAC sec.309.18
The Texas Racing Commission proposes an amendment to sec.309.18, concerning 
first aid at pari-mutuel racetracks. The amendment clarifies the requirements 
for first aid personnel and eliminates the requirement of having first aid 
personnel on the grounds of a racetrack when no live racing or exercising is 
occurring. 
Paula C. Flowerday, Executive Secretary for the Texas Racing Commission, has 
determined that for the first five-year period the amendment is in effect there 
will be no fiscal implications for state or local government as a result of 
enforcing the proposal. 
Ms. Flowerday has also determined that for each of the first five years the 
amendment is in effect the public benefit anticipated as a result of enforcing 
the proposal will be that pari-mutuel racing will be safe for the patrons and 
participants without being overly burdensome to the racetracks. The Commission 
anticipates licensed racetracks will see cost savings from the new rule because 
they will no longer be required by Commission rule to provide first aid 
personnel when the track is open for simulcasting only. The exact amount of the 
savings cannot be determined because the cost of the first aid personnel varies 
by track and by geographic region within the state. Further, each racetrack is 
free to determine when first aid personnel are required on the grounds when 
simulcasting only. There is no anticipated economic cost to an individual 
required to comply with the proposal. The proposal has no effect on the state's 
agricultural, horse breeding, horse training, greyhound breeding, or greyhound 
training industries. 
Comments on the proposal may be submitted on or before March 10, 1998, to Paula 
C. Flowerday, Executive Secretary for the Texas Racing Commission, P.O. Box 
12080, Austin, Texas 78711-2080. 
The amendment is proposed under the Texas Civil Statutes, Article 179e, 
sec.3.02, which authorize the Commission to adopt rules for conducting racing 
with wagering and for administering the Texas Racing Act; and sec.6.06, which 
authorizes the Commission to adopt rules on all matters relating to the 
operation of pari-mutuel racetracks. 
The proposed amendment implements Texas Civil Statutes, Article 179e. 

sec.309.18.First Aid.
(a) During a <nl>live<ol> race performance, <nl>a greyhound racing<ol> [an] 
association shall provide: 
(1) a first aid room equipped with at least two beds and other appropriate 
equipment; and 
(2) the services of <nl>a basic emergency medical technician certified after 
September 1, 1996 or a<ol> [at least one] certified paramedic. 
(b) <nl>During a live race meet, a<ol> [A] horse racing association shall 
provide a properly equipped and staffed ambulance for humans <nl>and the 
services of a certified paramedic<ol> at any time that the racetrack is open for 
racing or exercising. At a Class 1 or 2 racetrack, the primary ambulance must be 
a Mobile Intensive Care Unit (MICU) certified by the Texas Department of Health. 
If the MICU ambulance is used to transport an individual, the association may 
not conduct a race until the ambulance is replaced by an ambulance approved by 
the commission. The ambulance must be parked at the entrance to the racing strip 
when not being used to transport an individual. 
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. 
Filed with the Office of the Secretary of State, on January 12, 1998.
TRD-9800437
Paula C. Flowerday
General Counsel
Texas Racing Commission
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 833-6699

CHAPTER 323.Disciplinary Action and Enforcement
SUBCHAPTER A.General Provisions
16 TAC sec.323.2
The Texas Racing Commission proposes an amendment to sec.323.2, concerning 
complaints. The Texas Racing Act was revised by sunset legislation effective 
September 1, 1997, and in that legislation, the Commission is required to 
establish methods by which racetrack patrons are notified of the name, mailing 
address, and telephone number for the commission for the purpose of directing 
complaints to the Commission. This amendment implements that requirement. 
Paula C. Flowerday, Executive Secretary for the Texas Racing Commission, has 
determined that for the first five-year period the amendment is in effect there 
will be no fiscal implications for state or local government as a result of 
enforcing the proposal. 
Ms. Flowerday has also determined that for each of the first five years the 
amendment is in effect the public benefit anticipated as a result of enforcing 
the proposal will be that the public has notice of the process for complaining 
about the activities or operations of pari-mutuel racetracks. There will be 
minimal fiscal implications for licensed racetracks. Because the racetracks are 
already required to provide a place for posting public information, the cost of 
posting a sign with complaint procedure information is estimated to be less than 
$1 per year. Further, because the racetracks already publish a daily race 
program, there is no additional cost anticipated from requiring the inclusion of 
the complaint procedure information. There is no anticipated economic cost to an 
individual required to comply with the proposal. The proposal has no effect on 
the state's agricultural, horse breeding, horse training, greyhound breeding, or 
greyhound training industries.
Comments on the proposal may be submitted on or before March 10, 1998, to Paula 
C. Flowerday, Executive Secretary for the Texas Racing Commission, P.O. Box 
12080, Austin, Texas 78711-2080. 
The amendment is proposed under the Texas Civil Statutes, Article 179e, 
sec.3.02, which authorize the Commission to adopt rules for conducting racing 
with wagering and for administering the Texas Racing Act; and sec.2.23, which 
requires the Commission to adopt rules which establish methods by which 
racetrack patrons are notified of the name, mailing address, and telephone 
number for the commission for the purpose of directing complaints to the 
Commission. 
The proposed amendment implements Texas Civil Statutes, Article 179e. 

sec.323.2.Complaints.
(a)-(c) (No change.) 
<nl>(d)<ol> <nl>An association shall include in the official program a statement 
that describes the procedure for filing a complaint with the commission. The 
executive secretary shall approve the form of the statement. The statement must 
include the name, mailing address, and telephone number of the commission. <ol>
<nl>(e)<ol> <nl> An association shall prominently post sign(s) in the racetrack 
facility that describe the procedure for filing a complaint with the commission. 
The executive secretary shall approve the form and location of the sign(s).<ol> 
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. 
Filed with the Office of the Secretary of State, on January 12, 1998.
TRD-9800441
Paula C. Flowerday
General Counsel
Texas Racing Commission
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 833-6699

TITLE 22. EXAMINING BOARDS
PART XVII. Texas State Board of Plumbing Examiners
CHAPTER 361.Administration
22 TAC sec.361.1
The Texas State Board of Plumbing Examiners proposes an amendment to sec. 361.1. 
This section specifies the meanings of words and terms used in the Plumbing 
License Law and Board Rules. 
James Fowler, Chief Fiscal Officer, Texas State Board of Plumbing Examiners, has 
determined that for the first five-year period the rule is in effect there will 
be no effect to state or local government as a result of enforcing the rule. 
Mr. Fowler also has determined that each year of the first five years the rule 
is in effect the public benefit will be greater protection of health, safety and 
welfare by clearly defining that each plumbing company must be under the 
supervision of a Responsible Master Plumber that is supervising only one 
plumbing company. A master plumber will be required to properly supervise and be 
knowledgeable of and responsible for all plumbing work performed under his 
license. The Responsible Master Plumber will not be allowed to dilute his 
supervisory capabilities by attempting to act as a Responsible Master Plumber 
for multiple companies for the purpose of receiving compensation from multiple 
companies. There will be no effect on small businesses except that all plumbing 
businesses will be ensured that they will receive the proper supervision of a 
Responsible Master Plumber. The economic cost to the persons having to comply 
with the rule as proposed will be those master plumbers that receive 
compensation from multiple plumbing companies who use their master plumber 
license in return for the these master plumbers attempting to act as a 
Responsible Master Plumber, will only be able to be compensated by one plumbing 
company for this service. 
Comments on the proposed rule change may be submitted to Gilbert Kissling, 
Administrator, Texas State Board of Plumbing Examiners, 929 East 41st Street, 
P.O. Box 4200, Austin 78765-4200. 
The amendment is proposed under and effect Texas Revised Civil Statutes 
Annotated Article 6243-101, sec.2(2) and sec.5(a) (Vernon Supp. 1998). 
No other statute, article, or code is affected by this proposed amendment. 

sec.361.1. Definitions.
The following words and terms, when used in this part, have the following 
meanings, unless the context clearly indicates otherwise.
Responsible Master Plumber-A responsible master plumber is the master that 
allows his Master Plumber License to be used by a company for the purpose of 
performing plumbing work and obtaining the required plumbing permits. The master 
<nl> plumber, <ol>by allowing his license to be used in this manner, assumes 
responsibility for all plumbing work performed. <nl> A Responsible Master 
Plumber may allow his master plumber license to be used by only one plumbing 
company.<ol>
Plumbing Inspector -An individual with no financial or advisory interests in any 
plumbing company who: is employed by<nl>or is an agent of<ol> a political 
subdivision to check plumbing work for compliance with health and safety laws 
and ordinances; and has successfully completed the examinations and met the 
Board's requirements for plumbing inspector status. 
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.
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800745
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners 
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 458-2145, Ext. 233

CHAPTER 363.Examination
22 TAC sec.363.1
The Texas State Board of Plumbing Examiners proposes an amendment to sec.363.1. 
This section specifies the eligibility requirements for taking the examinations 
offered by the Board. 
James Fowler, Chief Fiscal Officer, Texas State Board of Plumbing Examiners, has 
determined that for the first five-year period the rule is in effect there will 
be no effect to state or local government as a result of enforcing the rule. 
Mr. Fowler has determined that each year of the first five years the rule is in 
effect the public benefit will be to allow more individuals that do not meet the 
requirements to be licensed plumbers, to become licensed plumbing inspectors. 
The rule as proposed will give these unlicensed individuals additional means to 
qualify to take the plumbing inspector examination. There will be no effect on 
small businesses. There is no economic cost to the persons having to comply with 
the rule as proposed. 
Comments on the proposed rule change may be submitted to Gilbert Kissling, 
Administrator, Texas State Board of Plumbing Examiners, 929 East 41st Street, 
P.O. Box 4200, Austin 78765-4200. 
The amendment is proposed under and effect Texas Revised Civil Statutes 
Annotated Article 6243-101, sec.2(5) and sec.5(a) (Vernon Supp. 1998). 
No other statute, article, or code is affected by this proposed amendment.

sec.363.1. Qualifications. 
(a) Master Plumber. Each applicant must: 
(1) be licensed either as: 
(A) a journeyman plumber in Texas or another state and must have held the 
journeyman license for at least two years before filing the master plumber 
application; or 
(B) a master plumber in another state in which case the applicant need not be 
currently licensed at the time of application if the expired license is 
renewable in the state that issued it; 
(2) be a high school graduate or hold a General Equivalency Diploma (GED); and 
(3) maintain a single registered mailing address that the board shall regard as 
the applicant's principal business address for communication and record keeping 
purposes. 
(b) Journeyman Plumber. Each applicant must: 
(1) be a high school graduate, hold a General Equivalency Diploma (GED) or have 
begun accumulating work experience hours prior to September 1, 1993 and apply to 
take the Journeyman examination by December 31, 1997; and 
(2) have either of the following: 
(A) registration as a registered plumbing apprentice and at least 8,000 hours of 
experience working at the trade or such work experience and technical training 
combined to equal 8,000 hours, as verified by former employers; or 
(B) a journeyman license from another state that need not be current at the time 
of application if the expired license is renewable in the state that issued it. 
(c) Plumbing Inspector. Each applicant must: 
(1) be a high school graduate or hold a General Equivalency Diploma (GED) and 
(2) have one of the following: 
(A) a journeyman or master plumber license issued in the state of Texas; 
(B) a journeyman or master plumber license issued in another state, provided he 
or she passes the Texas State Board of Plumbing Examiners journeyman exam; or
(C) successful completion of the International Association of Plumbing and 
Mechanical Officials (IAPMO)<nl>, International Conference of Building Officials 
<ol>(ICBO), or Southern Building Code Congress International (SBCCI) 
certification and 5,000 hours of experience working at the trade or such work 
experience and technical training combined to equal 5,000 hours as verified by 
former employers. 
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.
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800746
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners 
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 458-2145, Ext. 233

22 TAC sec.363.11
The Texas State Board of Plumbing Examiners proposes an amendment to sec.363.11. 
This section specifies the requirements for persons desiring to offer license 
endorsement training programs. 
James Fowler, Chief Fiscal Officer, Texas State Board of Plumbing Examiners, has 
determined that for the first five-year period the rule is in effect there will 
be no effect to state or local government as a result of enforcing the rule. 
Mr. Fowler also has determined that each year of the first five years the rule 
is in effect the public benefit will be greater protection of health, safety and 
welfare by ensuring that the Water Supply Protection Specialist Training 
Programs will always be provided equitably across the state. There will be no 
effect on small businesses and no economic cost to the persons having to comply 
with the rule as proposed, since all of the providers of the training programs 
are already providing the programs equitably across the state. 
Comments on the proposed rule change may be submitted to Gilbert Kissling, 
Administrator, Texas State Board of Plumbing Examiners, 929 East 41st Street, 
P.O. Box 4200, Austin 78765-4200. 
The amendment is proposed under and effect Texas Revised Civil Statutes 
Annotated Article 6243-101, sec.11(A) and sec.5(a) (Vernon Supp. 1998). 
No other statute, article, or code is affected by this proposed amendment.

sec.363.11. Endorsement Training Programs. 
(a) (No change.)
(b) Water supply protection training programs 
(1) Any person wishing to offer a Board approved training program in water 
supply protection to the public must meet criteria as prescribed by the Board. 
Instructors shall be employed by a program that meets certification requirements 
of the Central Education Agency or is exempted from the Central Education Agency 
certification requirements under Chapter 32, sec.32.12(a)(5) Texas Education 
Code (Proprietary Schools and Veterans Education). Such persons shall provide to 
the administrator lesson plans and instructor qualifications. The Board shall 
provide a course outline and the required minimum hours.
(2) Periodically, the Board shall review Board approved training programs in 
water supply protection for quality in content and instruction <nl> and ensure 
that programs have been provided equitably across the state of Texas<ol>. The 
Board shall also respond to complaints regarding approved programs. 
(b) (No change.)
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. 
Filed with the Office of the Secretary of State, on
January 16, 1998.
TRD-9800747
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners 
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 458-2145, Ext. 233

CHAPTER 367.Enforcement
22 TAC sec.367.3
The Texas State Board of Plumbing Examiners proposes an amendment to sec.367.3. 
This section specifies the requirements for plumbing companies to secure the 
services of a Responsible Master Plumber, as well as the requirements for a 
master plumber that acts as a Responsible Master Plumber. 
James Fowler, Chief Fiscal Officer, Texas State Board of Plumbing Examiners, has 
determined that for the first five-year period the rule is in effect there will 
be no effect to state or local government as a result of enforcing the rule.
Mr. Fowler also has determined that each year of the first five years the rule 
is in effect the public benefit will be greater protection of health, safety and 
welfare by clearly defining that each plumbing company must be under the 
supervision of a Responsible Master Plumber that is supervising only one 
plumbing company. A master plumber will be required to properly supervise and be 
knowledgeable of and responsible for all plumbing work performed under his 
license. The Responsible Master Plumber will not be allowed to dilute his 
supervisory capabilities by attempting to act as a Responsible Master Plumber 
for multiple companies for the purpose of receiving compensation from multiple 
companies. There will be no effect on small businesses except that all plumbing 
businesses will be ensured that they will receive the proper supervision of a 
Responsible Master Plumber. The economic cost to the persons having to comply 
with the rule as proposed will be those master plumbers that receive 
compensation from multiple plumbing companies who use their master plumber 
license in return for the these master plumbers attempting to act as a 
Responsible Master Plumber, will only be able to be compensated by one plumbing 
company for this service. 
Comments on the proposed rule change may be submitted to Gilbert Kissling, 
Administrator, Texas State Board of Plumbing Examiners, 929 East 41st Street, 
P.O. Box 4200, Austin 78765-4200. 
The amendment is proposed under and effect Texas Revised Civil Statutes 
Annotated Article 6243-101, sec.2(2) and sec.5(a) (Vernon 1997).
No other statute, article, or code is affected by this proposed amendment.

sec.367.3 Requirement for Plumbing Companies.
(a) A company offering to do plumbing work must secure the services of at least 
one <nl> Responsible Master Plumber <ol> [person] holding a current master 
plumber's license. <nl>A Responsible <ol> [The] Master Plumber shall not allow 
any person, firm, company, or corporation to use his or her master plumber's 
license for any purpose unless the master plumber is a bona fide employee of the 
person, firm, company, or corporation or is the owner of [or has a substantial 
financial interest in] the firm, company, or corporation that will use the 
master plumber's license.<nl> A Responsible<ol> [The] Master Plumber's license 
shall be used by only <nl>one <ol> such [a] person, company, firm, or 
corporation. The <nl>Responsible<ol>Master Plumber shall be knowledgeable of and 
responsible for all permits, contracts, and agreements to perform plumbing work 
secured and plumbing work performed under his or her master plumber's license. 
All work performed under the <nl>Responsible<ol> Master Plumber's license shall 
be within the sight of and under the direct control and on-the-job supervision 
of a licensed plumber that is a bona fide employee of the person, or bona fide 
employee, owner of [or has a substantial financial interest in] the firm, 
company, or corporation using the master plumber's license. 
(b) (No change.)
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. 
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800748
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners 
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 458-2145, Ext. 233

PART XXIII. Texas Real Estate Commission
CHAPTER 535.Provisions of the Real Estate License Act
General Provisions Relating to the Requirement of Licensure
22 TAC sec.sec.535.1-535.4
The Texas Real Estate Commission (TREC) proposes amendments to sec.535.1, 
concerning when a real estate license is required, sec.535.2, concerning a 
broker's responsibility, sec.535.3, concerning compensation accepted by a 
salesperson, and sec.535.4, concerning compensation paid by a salesperson. The 
amendments replace gender-specific terms such as salesman or his with neutral 
terms such as salesperson or a person's. Adoption of the amendments is necessary 
for TREC to comply with House Bill 814, 75th Legislature (1997) which requires 
TREC to use the term salesperson in all its rules and documents no later than 
January 1, 1999, and for TREC to revise its rules for consistency and style. 
Mark A. Moseley, general counsel, has determined that for the first five-year 
period the sections are in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the sections. 
There is no anticipated impact on local or state employment as a result of 
implementing the sections. 
Mr. Moseley also has determined that for each year of the first five years the 
sections as proposed are in effect the public benefit anticipated as a result of 
enforcing the sections will be consistency between the sections and the agency s 
enabling legislation. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the 
proposed sections. 
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel, 
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. 
The amendments are proposed under Texas Civil Statutes, Article 6573a, sec.5(h), 
which authorize the Texas Real Estate Commission to make and enforce all rules 
and regulations necessary for the performance of its duties 
The statute that is affected by these sections is Texas Civil Statutes, Article 
6573a. 

sec.535.1. License Required. 
(a)-(e) (No change.) 
(f) Unless otherwise exempted by this Act, a person must be licensed as either a 
real estate broker or <nl>salesperson<ol> [ salesman ] in order to show a 
broker's listings or solicit listings of real property. 
(g) (No change.) 
(h) Real estate licensure is not required of a partnership acting as a real 
estate broker in Texas. A partner or non-partner employee who acts as a real 
estate agent in the partnership's name must be licensed as a real estate broker 
or <nl>salesperson<ol> [salesman].

sec.535.2. Broker's Responsibility. 
(a) (No change.) 
(b) Licensure as either a Texas real estate <nl>salesperson <ol> [salesman] or 
broker does not require membership in any trade association or local board. 
(c) A broker is responsible for <nl>the<ol> [his salesman's] authorized acts 
<nl>of the broker's salesperson<ol>, but the broker may absent himself <nl>or 
herself<ol> as <nl>the broker<ol> [he ] chooses. 
(d) A <nl>salesperson<ol> [salesman] may work in or out of a real estate office 
without direct supervision of <nl>the salesperson s<ol> [his] sponsoring broker. 
This in no way lessens the degree of responsibility of the sponsoring broker for 
<nl>the salesperson's <ol> [his salesman's] actions. 
(e) A real estate <nl>salesperson<ol> [salesman] is not required by this Act to 
sell <nl>a<ol> [his] home or other real property owned by <nl>the 
salesperson<ol> [him] through <nl> the salesperson's<ol> [his] sponsoring 
broker. Such may be a matter of civil agreement between the two. 
(f) A real estate agent owes the very highest fiduciary obligation to <nl>the 
agent's<ol> [his] principal and is obliged to convey to <nl>the<ol> [his] 
principal all information of which the agent has knowledge and which may affect 
the principal's decision. It is the broker's obligation under a listing contract 
to negotiate the best possible transaction for <nl>the<ol> [his] principal, the 
person <nl> the broker<ol> [he] has agreed to represent. 
(g) A broker is responsible for the authorized acts of <nl> the broker's<ol> 
[his] associates whether they are licensed as <nl> salespersons<ol> [salesmen] 
or brokers. 
(h) A broker is responsible for the proper handling of escrow monies placed with 
<nl>the broker<ol> [him], but whom <nl> the broker<ol> [he] designates to sign 
[his] checks is <nl>the broker's<ol> [his] internal business and not regulated 
by this Act.

sec.535.3.Compensation Accepted by <nl>Salesperson <ol> [Salesman]. 
A <nl>salesperson<ol> [salesman] is not permitted to receive compensation for 
[his] acts as a licensed real estate <nl> salesperson<ol> [salesman], except 
through <nl>the salesperson's <ol> [his] sponsoring broker or through the broker 
under whom <nl> the salesperson<ol> [he] was licensed when he <nl>or she<ol> 
earned the right to compensation, although the broker need not actually receive 
the money and pay it to the <nl>salesperson<ol> [salesman]. Payments not made by 
or through the broker must be made with the broker's knowledge and consent.

sec. 535.4. Compensation Paid by <nl>Salesperson <ol> [Salesmen].
A real estate <nl>salesperson<ol> [salesman] may pay a commission to another 
person with the knowledge and consent of the real estate <nl>salesperson's<ol> 
[salesman's] sponsoring broker. 
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.
Filed with the Office of the Secretary of State, on January 12, 1998.
TRD-9800468
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 465-3900

Definitions
22 TAC sec.sec.535.12, 535.14-535.17, 535.20
The Texas Real Estate Commission (TREC) proposes amendments to sec.535.12, 
concerning general definitions, sec.535.14, concerning offers to dispose of real 
estate, sec.535.15, concerning negotiations, sec.535.16, concerning listings, 
sec.535.17, concerning appraisals, and sec.535.20, concerning procuring 
prospects. The amendments replace gender-specific terms such as salesman or his 
with neutral terms such as salesperson ora person s. Adoption of the amendments 
is necessary for TREC to comply with House Bill 814, 75th Legislature (1997) 
which requires TREC to use the term salesperson in all its rules and documents 
no later than January 1, 1999, and for TREC to revise its rules for consistency 
and style. 
Mark A. Moseley, general counsel, has determined that for the first five-year 
period the sections are in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the sections. 
There is no anticipated impact on local or state employment as a result of 
implementing the sections. 
Mr. Moseley also has determined that for each year of the first five years the 
sections as proposed are in effect the public benefit anticipated as a result of 
enforcing the sections will be consistency between the sections and the agency s 
enabling legislation. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the 
proposed sections. 
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel, 
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. 
The amendments are proposed under Texas Civil Statutes, Article 6573a, sec.5(h), 
which authorize the Texas Real Estate Commission to make and enforce all rules 
and regulations necessary for the performance of its duties 
The statute that is affected by these sections is Texas Civil Statutes, Article 
6573a. 

sec. 535.12. General.
(a)-(b) (No change.) 
(c) Licensure is not required for a person to list <nl>the person's<ol> [his] 
property with a licensee. Compensation to the owner for granting the listing 
does not require licensure of the owner.
(d) A person may invest in real estate or contract to purchase real estate and 
then sell it or offer to sell it without having a real estate license. Texas 
real estate licensure is not required of one who buys and sells real property 
only for <nl>the person's<ol> [his] own account. 
(e) One who owns property jointly with another may sell and convey title to his 
<nl>or her<ol> interest in the property, but <nl> the person<ol> [he] must be 
licensed to act for compensation as an agent for the other owner unless 
otherwise exempted from the requirement of licensure. 
(f) (No change.)

sec.535.14.Offers to Dispose of Real Estate.
Offering property by mail from another state to residents of Texas does not 
require licensure as a Texas real estate broker or <nl>salesperson <ol> 
[salesman]. 

sec.535.15. Negotiations. 
(a)-(g) (No change.) 
(h) A person can be hired by a broker to act as a hostess, attendant or 
custodian at and of homes which a broker offers for sale without coming within 
the purview of The Real Estate License Act, so long as such person does not 
engage in activities defined as acts of a broker or <nl> salesperson<ol> 
[salesman] which require licensure. 

sec.535.16. Listings.
(a)-(b) (No change.) 
(c) A broker should take net listings only when the principal insists upon a net 
listing and when the principal appears to be familiar with current market values 
of real property. When a broker accepts a listing, <nl> the broker<ol> [he] 
enters into a fiduciary relationship with <nl> the<ol> [his] principal, whereby 
the broker is obligated to make diligent efforts to obtain the best price 
possible for the principal. The use of a net listing places an upper limit on 
the principal's expectancy and places the broker's interest above <nl>the<ol> 
[his] principal's interest with reference to obtaining the best possible price. 
Net listings should be qualified so as to assure the principal of not less than 
<nl> the principal's<ol> [his] desired price and to limit the broker to a 
specified maximum commission. 
(d) (No change.)

sec. 535.17.Appraisals.
(a) A <nl>salesperson<ol> [salesman] may make, sign, and present real estate 
appraisals for <nl>the salesperson's<ol> [his] sponsoring broker, but the 
appraisals must be submitted in the broker's name and are the broker's 
responsibility. A real estate <nl> salesperson<ol> [salesman] may not appraise 
real property for others and for compensation without such activity being 
conducted through <nl> the salesperson's<ol> [his] sponsoring broker. 
(b)-(c) (No change.) 
(d) Real estate licensure is not required for one to testify as to the value of 
real property, but if in preparing [himself] to testify, the person actually 
does appraise the property for another person and for compensation, licensure 
would be required. 
(e)-(l) (No change.)

sec.535.20.Procuring Prospects.
(a) This section prohibits a person not licensed as a Texas real estate broker 
or <nl>salesperson<ol> [salesman] from receiving a referral fee from another 
concerning the sale, exchange, purchase, rental or lease of real estate. 
(b)-(c) (No change.) 
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.
Filed with the Office of the Secretary of State, on January 12, 1998.
TRD-9800469
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 465-3900

Exemptions to Requirements of Licensure
22 TAC sec.535.31, sec.535.33
The Texas Real Estate Commission (TREC) proposes amendments to sec.535.31, 
concerning attorneys at law and sec.535.33, concerning public officials. The 
amendments replace gender-specific terms such as salesman or his with neutral 
terms such as salesperson or a person's. or revise the sections to eliminate use 
of terms related to a single gender. Adoption of the amendments is necessary for 
TREC to comply with House Bill 814, 75th Legislature (1997) which requires TREC 
to use the term salesperson in all its rules and documents no later than January 
1, 1999, and for TREC to revise its rules for consistency and style. 
Mark A. Moseley, general counsel, has determined that for the first five-year 
period the sections are in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the sections. 
There is no anticipated impact on local or state employment as a result of 
implementing the sections. 
Mr. Moseley also has determined that for each year of the first five years the 
sections as proposed are in effect the public benefit anticipated as a result of 
enforcing the sections will be consistency between the sections and the agency's 
enabling legislation. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the 
proposed sections. 
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel, 
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. 
The amendments are proposed under Texas Civil Statutes, Article 6573a, sec.5(h), 
which authorize the Texas Real Estate Commission to make and enforce all rules 
and regulations necessary for the performance of its duties 
The statute that is affected by these sections is Texas Civil Statutes, Article 
6573a.

sec.535.31. Attorneys at Law. 
(a) Licensed attorneys are exempt from the requirements of The Real Estate 
License Act, but cannot sponsor real estate <nl>salespersons <ol> [salesmen] for 
licensure unless such attorneys are also licensed as real estate brokers. 
(b)-(c) (No change.) 
(d) A Texas-licensed attorney is exempted from real estate licensure 
requirements whether dealing with [his] clients or with non-clients. 
(e) An attorney should make his <nl>or her<ol> own determination regarding 
whether [his] acting as a real estate agent on the basis of <nl>a<ol> [his] law 
license may violate the State Bar's Code of Professional Responsibility. 
(f)-(g) (No change.) 

sec.535.33. Public officials. 
(a)-(e) (No change.) 
(f) A <nl>salesperson<ol> [salesman] making appraisals for the Veterans 
Administration must do so through <nl>the salesperson's <ol> [his] sponsoring 
broker. 
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.
Filed with the Office of the Secretary of State, on January 12, 1998.
TRD-9800470
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 465-3900

The Commission
22 TAC sec.535.41
The Texas Real Estate Commission (TREC) proposes an amendment to sec.535.41, 
concerning procedures of the commission. The amendment replaces terms such as 
chairman or his with terms which are not gender-specific, such as chairperson or 
the chairperson s. Archaic references to enabling legislation would also be 
revised with current citations. Adoption of the amendment is necessary for TREC 
to comply with House Bill 814, 75th Legislature (1997), which replaces gender-
specific terms used in Texas Civil Statutes, Article 6573a, and for TREC to 
revise its rules for consistency and style. 
Mark A. Moseley, general counsel, 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. There 
is no anticipated impact on local or state employment as a result of 
implementing the section. 
Mr. Moseley also has determined that for each year of the first five years the 
section as proposed is in effect the public benefit anticipated as a result of 
enforcing the section will be consistency between the section and the agency s 
enabling legislation. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the 
proposed section. 
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel, 
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. 
The amendment is proposed under Texas Civil Statutes, Article 6573a, sec.5(h), 
which authorize the Texas Real Estate Commission to make and enforce all rules 
and regulations necessary for the performance of its duties 
The statute that is affected by this section is Texas Civil Statutes, Article 
6573a.

sec.535.41. Procedures. 
(a) Meetings. 
(1)-(2) (No change.) 
(3) Meetings shall be called by the <nl>chairperson <ol> [chairman] on <nl>the 
chairperson's<ol> [his] own motion or upon the written request of five members. 
(b) (No change.) 
(c) Officers. 
(1) Officers of the commission shall consist of a <nl>chairperson <ol> 
[chairman], <nl>vice-chairperson<ol> [vice-chairman ] and secretary. 
(2) The commission shall elect a <nl>vice-chairperson <ol> [vice-chairman] and 
secretary at a regular meeting in February of each year. The governor shall 
designate one member to serve as <nl>chairperson <ol> [chairman] at the pleasure 
of the governor. Elected officers shall serve until their successors are 
elected. 
(d) Order of business. 
(1) (No change.) 
(2) Proceedings in contested cases shall be conducted in accordance with the 
Administrative Procedure [and Texas Register] Act, <nl>Texas Government Code, 
sec.sec.2001.001 et seq<ol> [ sec.14 (Texas Civil Statutes, Article 6252-13a)] 
and Chapter 533 of this title (relating to Practice and Procedure). 
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. 
Filed with the Office of the Secretary of State, on January 12, 1998.
TRD-9800471
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 465-3900

Requirements for Licensure
22 TAC sec.sec.535.51-535.53, 535.61, 535.62, 535.66, 535.68, 535.70
The Texas Real Estate Commission (TREC) proposes amendments to sec.535.51, 
concerning general requirements for licensure, sec.535.52, concerning individual 
applicants, sec.535.53, concerning corporations and limited liability companies, 
sec.535.61, concerning examinations, sec.535.62, concerning waiver of 
examination, sec.535.66, concerning accreditation, sec.535.68, concerning 
alternative education for brokers, and sec.535.70, concerning required 
coursework. The amendments replace terms such as salesman or his with terms 
which are not gender-specific, such as salesperson or the salesperson's. In some 
cases, additional terms are used to broaden the scope of the text and avoid use 
of single gender-specific terms. Section 535.52 also would be amended to delete 
an outdated provision relating to the licensing of partnerships under prior law. 
Adoption of the amendments is necessary for TREC to comply with House Bill 814, 
75th Legislature (1997) which requires TREC to use the term salesperson in all 
its rules and documents no later than January 1, 1999, and for TREC to revise 
its rules for consistency and style. 
Mark A. Moseley, general counsel, has determined that for the first five-year 
period the sections are in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the sections. 
There is no anticipated impact on local or state employment as a result of 
implementing the sections. 
Mr. Moseley also has determined that for each year of the first five years the 
sections as proposed are in effect the public benefit anticipated as a result of 
enforcing the sections will be consistency between the sections and the agency s 
enabling legislation. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the 
proposed sections. 
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel, 
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. 
The amendments are proposed under Texas Civil Statutes, Article 6573a, sec.5(h), 
which authorize the Texas Real Estate Commission to make and enforce all rules 
and regulations necessary for the performance of its duties 
The statute that is affected by these sections is Texas Civil Statutes, Article 
6573a. 

sec.535.51. General Requirements. 
(a) Only a licensed broker may apply as sponsoring broker for licensure of a 
real estate <nl>salesperson<ol> [salesman].
(b) Applications are returned to applicants or the sponsoring broker (in the 
case of an application for an active <nl>salesperson<ol> [salesman] license) 
when it has been determined that the application is not acceptable because, on 
its face, it fails to comply with one of the following requirements, based upon 
The Real Estate License Act, sec.6 and sec.7. 
(1)-(6) (No change.) 
(c) (No change.) 
(d) The commission adopts by reference the following forms approved by the 
commission which are published by and available from the Texas Real Estate 
Commission, P.O. Box 12188, Austin, Texas 78711-2188: 
(1)-(4) (No change.) 
(5) Application for Real Estate <nl>Salesperson<ol> [Salesman] License, TREC 
Form SL-5; 
(6) Application for Late Renewal of Real Estate <nl> Salesperson<ol> [Salesman] 
License, TREC Form SLR-5; 
(7)-(8) (No change.) 
(9) Application of Currently Licensed Real Estate Broker for <nl>Salesperson<ol> 
[Salesman] License, TREC Form BSL-2.
(10) (No change.) 

sec.535.52. Individuals. 
(a) (No change.) 
[(b) Although a partnership may obtain real estate broker licensure, each 
individual partner who acts as a real estate agent would also be required to 
obtain licensure.] 
<nl>(b)<ol> [(c)] Texas residents who enter the military service and resume 
their Texas residence immediately upon separation from the military are not 
considered to have lost their Texas residence unless they have affirmatively 
established legal residence elsewhere. 
<nl>(c)<ol> [(d)] The fact that an individual has had disabilities of minority 
removed does not affect the requirement that an applicant be 18 years of age to 
be eligible for licensure. 
<nl>(d)<ol> [(e)] The requirement that the Commission be satisfied as to the 
honesty, trustworthiness and integrity of the applicant will not necessarily be 
considered until all other requirements have been met, including the passing of 
the examination. 

sec.535.53. Corporations and Limited Liability Companies.
(a)-(c) (No change.) 
(d) An individual who is an officer of a corporation or the manager of a limited 
liability company and is acting in behalf of the corporation or limited 
liability company is not required to have a license in order to sell real estate 
owned by the corporation or limited liability company, provided <nl> the 
individual<ol> [he] receives no special compensation therefor.
(e)-(i) (No change.) 

sec. 535.61. Examinations and Acceptance of Courses. 
(a) To be authorized for admittance to a real estate licensure examination, 
either for <nl>salesperson<ol> [salesman] or broker licensure, the applicant 
must present to the examination proctor a certificate of eligibility issued by 
the commission for an initial examination or for a reexamination. Certificates 
of eligibility will be furnished to the sponsoring broker for 
<nl>salesperson<ol> [salesman] applicants, or directly to the applicant for 
broker licensure. 
(b)-(h) (No change.) 
(i) Examination schedules for both <nl>salesperson<ol> [salesman] and broker 
licensure examinations are published periodically and reflect the dates, times 
and locations throughout the state that the examinations will be administered. 
Such schedules will be furnished to applicants for their determination of a 
location at which to take the examination. The examination may be taken at any 
location shown on the schedule within the time authorized by the applicant's 
certificate of eligibility. 
(j)-(z) (No change.) 
(aa) The commission may not accept more than one course with the same course 
title and level or same course content and level completed within three years of 
each other, unless there have been significant changes in the subject matter, 
such as the promulgation of new contract forms, major law revisions, and major 
changes in real estate financing. The commission may not accept for core real 
estate credit a core real estate course completed more than ten years prior to 
the date of the applicant's transcript evaluation. The commission may accept for 
real estate related course credit a core course not completed within the ten 
year period established by this section. If the commission has evaluated the 
education of a potential applicant, courses acceptable at the time of the 
evaluation will not be rejected under this subsection for a period of one year 
after the date of the evaluation. Provided, however, the ten-year restriction on 
the acceptance of courses does not apply in either of the following instances. 
(1) The applicant was licensed as a real estate broker or <nl> salesperson<ol> 
[salesman] in this or any other state within the five year period prior to 
filing the application. 
(2) (No change.)
(bb)-(hh) (No change.) 

sec.535.62.Waiver of Examination.
(a) The commission shall waive the examination of an applicant for broker 
license who has, no more than two years prior to the filing of the application, 
been licensed as a broker in this state. The commission shall waive the 
examination of an applicant for <nl>salesperson<ol> [salesman ] license who has, 
no more than two years prior to the filing of the application, been licensed in 
this state as a broker or salesman. 
(b) (No change.)

sec.535.66. Educational Programs: Accreditation. 
(a)-(kk) (No change.) 
(ll) Each school shall issue to the students successfully completing a course of 
instruction an official certificate which reflects the school's name, branch, 
course title, course numbers, and the number of classroom hours (or other 
recognized educational unit) involved in the course. All core course 
certificates must show the statutory core course title or other identification 
as prescribed by the commission. Certificates also must show the date of 
issuance and be signed by an official of the school, or if the certificate is 
computer printed, the school logo may be substituted for the signature. 
Originals or copies of the certificates may be presented to the commission as 
evidence of successful completion of the course of instruction. Letters or other 
official communications also may be provided to students for submission to the 
commission as evidence of satisfactory completion of the course. Such letters 
must fully reflect the school name, the course title and number, educational 
units, and be dated and signed by an official of the school, or if the letter is 
computer printed, the school logo may be substituted for the signature. Each 
school shall maintain adequate security for completion certificates and letters. 
Compliance with this requirement will be determined by the commission during all 
school audits. A school may withhold a student's certificate of completion of a 
course until the student has fulfilled <nl> the student's<ol> [his] financial 
obligation to the school. 
(mm)-(ss) (No change.)

sec.535.68. Brokers: Alternative Education and Experience.
(a)-(d) (No change.) 
(e) For the purpose of determining compliance with the requirement of the Act, 
sec.7(g)(2) of having had two years' active experience in the other state as a 
licensed real estate <nl>salesperson<ol> [salesman] or broker, inactive periods 
brought about by lack of broker sponsorship or any other reason cannot be 
included as active experience. 
(f) For the purpose of determining compliance with the requirement of the Act, 
sec.7(g)(2) of having had two years' active experience in another state as a 
licensed real estate broker or <nl>salesperson<ol> [salesman ], a person's two 
years' experience may be derived from periods of licensure in two or more 
states. 
(g) (No change.)

sec.535.70. Required Coursework.
A person who has, within one year previous to filing of <nl>the<ol> [his] 
application, been licensed in this state as a broker or <nl> salesperson<ol> 
[salesman] is not subject to the requirements of this section. 
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.
Filed with the Office of the Secretary of State, on January 12, 1998.
TRD-9800472
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 465-3900

TITLE 25. HEALTH SERVICES
PART I. Texas Department of Health
CHAPTER 169. Zoonosis Control
Rabies Control and Eradication
25 TAC sec.sec.169.21-169.24, sec.sec.169.26-169.31, 169.33-169.34 
The Texas Department of Health (department) proposes amendments to 
sec.sec.169.21-169.24, sec.sec.169.26-169.31, and sec.sec.169.33-169.34, 
concerning the control of rabies. Specifically, the sections cover definitions, 
preexposure rabies immunization, specifications and requirements for quarantine 
facilities, quarantine methods, rabies testing, vaccination requirements, 
disposition of animals exposed to rabies, movement of dogs and cats into Texas, 
submission of rabies specimens to a laboratory, and statewide rabies quarantine. 
The amendments define assistance and therapy dogs, add requirements for humane 
and sanitary conditions of animal quarantine and shelter facilities, clarify 
time requirements for rabies quarantine and vaccination, specify requirements 
for quarantine facilities to prevent rabies transmission, remove requirements 
for isolation of dogs and cats that enter Texas, define sections of the brain 
that must be submitted for rabies testing, and remove dogs, cats, and wolf-dog 
hybrids from the statewide rabies quarantine. 
James H. Wright, D.V.M., M.P.V.M., Director, Zoonosis Control Division, has 
determined that for each year of the first five-year period the sections are in 
effect, there will be a positive fiscal implication as a result of amending the 
sections proposed. The effect on state government would be an estimated savings 
of approximately $10,076.63 per year as a result of modifying the statewide 
quarantine because the clarification provided in the amendments would reduce 
time and resources spent on consultations and eliminate the distribution process 
of raccoon rabies vaccine from the department to rehabilitators. The effect on 
local government would be an anticipated savings of $2,697.44 per year for 
animal control agencies by allowing rehabilitators to transport raccoons instead 
of requiring transportation by animal control officers; the savings to animal 
control agencies due to allowing pest control operators to transport raccoons 
cannot be calculated because there is no mechanism of reporting in place to 
determine how many agencies have been transporting raccoons because of nuisance 
complaints. There may be an approximate cost of $100 for fans required for 
cooling and ventilation in animal control agencies when the ambient temperature 
exceeds 85 degrees Fahrenheit; however, this additional cost would be incurred 
by very few agencies, as they are already mandated to adequately cool and/or 
ventilate facilities to provide for the health and comfort of the animals at all 
times. 
James H. Wright also has determined that for each year of the first five years 
that the sections will be in effect, the public health benefit as a result of 
enforcing or administrating the sections would be an anticipated decrease in 
human exposures to rabies for residents finding these animals by allowing 
trained rehabilitators and pest control operators limited authority to transport 
raccoons and an increase in support to persons using assistance and therapy dogs 
by not requiring those animals that are currently vaccinated to be placed in a 
quarantine facility after a bite incident. There will be no costs to small 
businesses and no effect on local employment; however, the amendments may result 
in increased business and employment for pest control operators. There is no 
estimated economic cost to persons who may be required to comply with the 
sections as proposed. 
Written comments may be submitted to James H. Wright, D.V.M., M.P.V.M., 
Director, Zoonosis Control Division, 1100 West 49th Street, Austin, Texas, 
78756. Comments will be accepted for 30 days following publication of this 
proposal in the Texas Register. 
The amendments are proposed under the Texas Health and Safety Code, Chapter 826, 
"Rabies," sec.826.011 which provides the Texas Board of Health (board) with the 
authority to administer the rabies control program and adopt rules necessary to 
effectively administer this program; and sec.12.001, which provides the board 
with the authority to adopt rules for the performance of every duty imposed by 
law on the board, the department, and the commissioner of health. 
These amendments affect Texas Health and Safety Code, Chapter 826. 

sec.169.21. Purpose. 
The purpose of these sections is to protect the public health by establishing 
uniform rules for the control and eradication of rabies in the State of Texas 
<nl>, in accordance with Chapter 826 of the Texas Health and Safety Code<ol>.

sec.169.22. Definitions. 
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise. 
<nl>Animal shelter<ol><nl> - A facility that keeps or legally impounds stray, 
homeless, abandoned, or unwanted animals.<ol> 
<nl>Assistance dog <ol><nl>- A dog that is specially trained or equipped to help 
a person with a physical challenge and that:<ol> 
<nl>(A)<ol> is used by a person with a physical challenge who has satisfactorily 
completed a specific course of training in the use of the dog; and 
<nl>(B)<ol> has been trained by an organization generally recognized by agencies 
involved in the rehabilitation of persons with a physical challenge as reputable 
and competent to provide dogs with training of this type.
<nl>Cat <ol><nl>- Any Felis catus<ol>.
Currently vaccinated - Vaccinated and satisfying the following criteria. 
(A) The animal must have been vaccinated against rabies [at three months of age 
or earlier] as prescribed by the United States Department of Agriculture (USDA). 
(B)-(C) (No change.) 
[Guide dog - Domestic dog that is in service to a legally blind person.] 
<nl>Impoundment <ol><nl>- The collecting and confining of an animal because of a 
state or local ordinance.<ol> 
Observation period - The time following a bite incident during which the biting 
animal's health status must be monitored. The observation period for domestic 
dogs<nl>,<ol> [and] cats<nl>, and domestic ferrets<ol> (only) is 10 days 
<nl>(240 hours)<ol>; the observation period for other animals, not including 
those defined as high risk or low risk, is 30 days. 
<nl>Therapy dog <ol><nl>- A dog that helps a person with a diagnosed emotional 
disorder for whom a letter has been issued by a physician stating that the 
removal of the animal would be detrimental to the person's emotional health.<ol> 

sec.169.23. Information Relating to the Control of Rabies. 
The <nl>department's<ol> [Texas Department of Health's] Zoonosis Control 
Division (ZCD) will assume the responsibility of collecting, analyzing, and 
preparing monthly and annual summations of rabies activity in the state. These 
reports will be forwarded to national, state, and municipal agencies as 
required, and selected statistics will be sent to veterinary medical <nl> and 
animal control<ol> organizations throughout the state.

sec.169.24. Preexposure Rabies Immunization. 
Preexposure rabies immunization <nl>should<ol> [shall] be administered to all 
individuals whose activities place them at a significant risk of exposure to 
rabies, in accordance with the recommendations of the CDC Immunization Practices 
Advisory Committee (ACIP). 

sec.169.26. Facilities for the Quarantining <nl> or Sheltering<ol> of Animals. 
(a) Generally. 
(1)-(3) (No change.) 
(4) Waste disposal. Provision shall be made for the removal and disposal of 
animal and food wastes, bedding, dead animals, and debris. Disposal facilities 
shall be so provided and operated as to minimize vermin infestations, odors, and 
disease hazards. <nl>A suitable method shall be provided to rapidly and safely 
remove water and other liquid waste from housing facilities. Housing facilities 
should be designed to have animal excreta removed through sanitary sewers or 
septic systems. All closed drainage systems should be equipped with traps, 
vents, and acceptable drain covers to exclude rodents and prevent any backup of 
sewer gas and odors into the facility.<ol> 
(5)-(6) (No change.) 
<nl>(7)<ol> Records. Records shall be kept on each animal processed through the 
housing facility. At a minimum, the records shall document the animal's 
description, impoundment date, disposition date, and method of disposition. 
Records shall be available for inspection by the department. 
[(b) Facilities - indoor.] 
<nl>(8)<ol> [(1)] Heating. <nl>Adequate shelter shall be provided to protect 
animals from any form of cold or inclement weather and direct effects of wind, 
rain, or snow.<ol> [Indoor housing facilities, shall be sufficiently heated when 
necessary to protect the animals;] <nl> Auxiliary heat shall be provided any 
time<ol> the <nl>ambient<ol> [room] temperature <nl>falls<ol> [must not fall] 
below 50 degrees Fahrenheit (<nl>10<ol> [7.2] degrees Celsius) for more than 
four consecutive hours <nl>when<ol> [at any time] <nl> animals<ol> [dogs or 
cats] are present. 
<nl>(9)<ol> [(2)] Cooling and Ventilation. <nl> Adequate shelter shall be 
provided to protect animals from any form of overheating and direct rays of the 
sun.<ol> [Indoor housing facilities shall be adequately cooled and/or ventilated 
to provide for the health and comfort of the animals at all times.] 
<nl>Facilities<ol> [Such facilities ] shall be provided with fresh air either by 
means of windows, doors, vents, fans, or air conditioning and shall be 
ventilated so as to minimize drafts, odors, and moisture condensation. 
<nl>Auxiliary ventilation, such as fans or air conditioning, shall be provided 
when the ambient temperature is 85 degrees Fahrenheit (29.5 degrees Celsius) or 
higher.<ol> 
<nl>(10)<ol> [(3)] Lighting. <nl>Housing <ol> [Indoor housing] facilities shall 
have ample light of sufficient intensity to permit routine inspection and 
cleaning [during the entire work period]. Primary enclosures shall be situated 
to protect the animals from <nl>excessive<ol> [excess] illumination. 
<nl>(11)<ol> [(4)] <nl>Construction.<ol> [Interior Surfaces.] <nl>Housing 
facilities must be constructed in such a manner that they will protect the 
animal and not create a health risk or public nuisance.<ol> The [interior] 
building surfaces shall be constructed and maintained so that they are 
impervious to moisture and may be readily sanitized. <nl>Floors shall be made of 
durable, nonabsorbent material.<ol> 
[(5) Drainage. A suitable method shall be provided to rapidly and eliminate 
excess water from indoor housing facilities. If drains are used, they shall be 
properly constructed and kept in good repair to avoid foul odors therefrom. If 
closed drainage systems are used, they shall be equipped with traps and so 
installed as to prevent any backup of sewage onto the floor of the room.] 
[(c) Facilities - outdoor. Outdoor holding facilities shall be of adequate size 
and construction to handle any animal housed therein. Adequate shelter shall be 
provided to protect animals from any form of overheating or cold or inclement 
weather. Outdoor holding facilities must be constructed in such manner that they 
will protect the animal, be readily sanitized, and will not create a nuisance. A 
suitable method shall be provided to rapidly eliminate excess water.] 
<nl>(12)<ol> [(d)] Primary enclosures. Primary enclosures shall: 
<nl>(A)<ol> [(1)] be structurally sound and maintained in good repair; 
<nl>(B)<ol> [(2)] provide convenient access to clean food and water; 
<nl>(C)<ol> [(3)] enable the animal to remain dry and clean; 
<nl>(D)<ol> be constructed and maintained so that they are impervious to 
moisture and may be readily sanitized; 
<nl>(E)<ol> [(4)] be constructed so as to protect the animal's feet and legs 
from injury; and 
<nl>(F)<ol> [(5)] provide sufficient space to allow each animal to turn around 
fully, stand, sit, and lie in a comfortable normal position. 
<nl>(b)<ol> [(e)] Feeding. 
(1) Dogs and cats shall be fed at least once a day except as [otherwise might 
be] directed by a licensed veterinarian. The food shall be free from 
contamination, wholesome, palatable, and of sufficient quality and nutritive 
value to meet the normal daily requirements for the condition and size of the 
dog or cat. 
(2) Domestic ferrets shall have 24-hour access to food. The food shall be free 
from contamination, wholesome, palatable, and of sufficient quality and 
nutritive value to meet the normal daily requirements for the condition, size, 
and age of the domestic ferret. 
(3) Food receptacles shall be accessible to all dogs, cats, and domestic ferrets 
and shall be located so as to minimize contamination by excreta. <nl>Food<ol> 
[Feeding] pans or bowls shall be durable and kept clean and sanitary. Disposable 
food receptacles may be used but must be discarded after each feeding or for 
domestic ferrets, after 24 hours of use. Self feeders may be used for [the] 
feeding [of] dry pet foods[,] and shall be kept clean and sanitary [to prevent 
molding, deterioration, or caking of feed]. 
<nl>(c)<ol> [(f)] Watering. If potable water is not accessible to dogs and cats 
at all times, it shall be offered to them at least twice daily for periods of 
not less than one hour, except as directed by a licensed veterinarian. Domestic 
ferrets shall have potable water accessible at all times, provided in drinking 
bottles of appropriate size to maintain a fresh supply. <nl>Water<ol> [Watering] 
receptacles shall be kept clean and sanitary. 
<nl>(d)<ol> [(g)] Sanitation. 
(1) Cleaning of primary enclosures. Excreta shall be removed from primary 
enclosures as often as necessary to prevent contamination of the 
inhabitants<nl>, but not less than daily<ol> [and to reduce disease hazards and 
odors]. 
(2) Sanitation of primary enclosures. Cages, rooms, and pens shall be maintained 
in a sanitary condition. 
(3) Building and premises. Building and premises shall be kept clean. 
<nl>(e)<ol> [(h)] Pest Control. A regular program for the control of insects, 
ectoparasites, and other pests shall be established and maintained. 

sec.169.27. Quarantine Method and Testing. 
(a) When a domestic dog, cat, or <nl>domestic<ol> ferret which has bitten a 
human has been identified, the owner or custodian will be required to place the 
animal in quarantine <nl>until the end of the 10-day observation period<ol>. 
Unvaccinated animals should not be vaccinated against rabies during the 
observation period<nl>; however, animals may be treated for unrelated medical 
problems diagnosed by a veterinarian<ol>. The observation period will begin 
<nl>at the time<ol> [on the day] of the bite incident. <nl>If the animal becomes 
ill during the observation period, the local rabies control authority must be 
notified by the person having possession of the animal.<ol> The animal must be 
placed in a <nl>licensed<ol> [approved Texas Department of Health (department)] 
facility specified by the local rabies control authority and observed at least 
twice daily. However, [the owner or custodian of the animal may request 
permission from] the local rabies control authority <nl>may allow the animal to 
be placed in a veterinary clinic. As an alternative, the local rabies control 
authority may allow<ol> [for] home quarantine if the following criteria can be 
met. 
(1) <nl>A secure<ol> [Secure] <nl>enclosure <ol> [facilities must be available 
at the home of the animal's owner or custodian, and must be] approved by the 
local rabies control authority <nl> must be used to prevent escape<ol>. 
(2) The animal <nl>has been<ol> [is currently ] vaccinated against rabies 
<nl>within the last 12 months. If an unvaccinated animal is not over four months 
of age at the time of the bite, it may be allowed home quarantine.<ol> 
(3) The local rabies control authority or a licensed veterinarian must observe 
the animal at least on the first and last days of the quarantine period. [If the 
animal becomes ill during the observation period, the local rabies control 
authority must be notified by the person having possession of the animal. At the 
end of the observation period, the release from quarantine must be accomplished 
in writing.] 
(4) The animal was not a stray (as defined in the Texas Health and Safety Code, 
sec.826.002) at the time of the bite. 
(b) A domestic animal which has bitten a human and has been designated by the 
local rabies control authority as unclaimed may be humanely killed in such a 
manner that the brain is not mutilated. <nl>A<ol> [The] <nl>suitable specimen 
(head with brain intact or<ol> brain<nl>)<ol> shall be submitted to a department 
certified laboratory for rabies diagnosis <nl>as specified in subsection (h) of 
this section<ol>. 
(c) If the biting animal is a high risk animal, it shall be humanely killed and 
<nl>a suitable specimen<ol> [the brain] submitted for rabies testing <nl>as 
specified in subsection (h) of this section <ol>. 
(d) If the biting animal is a low risk animal, neither quarantine nor rabies 
<nl>testing<ol> [test] will be required unless the local rabies control 
authority has cause to believe the biting animal is rabid, in which case it 
should be humanely killed and <nl>a suitable specimen submitted for rabies 
testing<ol> [tested for rabies] <nl>as specified in subsection (h) of this 
section<ol>. 
(e) The local rabies control authority may require an animal which has inflicted 
multiple bite wounds, punctures, or lacerations to [the face, head, or neck of] 
a person to be humanely killed and <nl> a suitable specimen<ol> [the brain] 
<nl>submitted<ol> [tested] for rabies <nl>testing as specified in subsection (h) 
of this section<ol>. 
(f) If the biting animal is not included in subsection (a), (b), (c), (d), or 
(e) of this section, the biting animal will be humanely killed and <nl>a 
suitable specimen submitted<ol> [the brain tested] for rabies <nl>testing as 
specified in subsection (h) of this section <ol> or the local rabies control 
authority may require the animal to be <nl> quarantined<ol> [confined] for 
<nl>the<ol> [a] 30-day observation period as an alternate method to killing and 
testing [, otherwise conforming to the requirements delineated in subsection (a) 
of this section]. 
(g) Any animal required to be quarantined under this section, which cannot be 
maintained in a secure quarantine, shall be humanely killed and <nl>a suitable 
specimen<ol> [the brain] <nl>submitted <ol> [tested] for rabies <nl>testing as 
specified in subsection (h) of this section<ol>. 
<nl>(h)<ol> All laboratory specimens referred to in subsections (b) - (g) of 
this section shall be submitted in accordance with sec.169.33 of this title 
(relating to Submission of Specimens for Laboratory Examination). 
<nl>(i)<ol> [(h)] <nl>At the discretion of the local rabies control authority, 
currently<ol> [Currently] vaccinated <nl>assistance, therapy,<ol> [guide] 
<nl>and police <ol> dogs [in service or currently vaccinated police dogs when a 
bite is inflicted in the line of duty] <nl>may<ol> [shall] not be required to be 
placed in quarantine <nl>during the observation period <ol>. 

sec.169.28. [Public and Private Entities That Operate] <nl>Requirements of<ol> a 
Quarantine Facility.
(a) Quarantine procedures. 
(1) Quarantine facilities shall have and use written standard operating 
procedures (SOP) <nl>specific for that facility<ol> to ensure effective and safe 
quarantine procedures [, and shall produce]<nl>. The<ol> [the] SOP [upon request 
by the department] <nl> shall be posted in the quarantine facility and adhered 
to by each employee <ol>. 
(2) <nl>An animal which may have exposed a human to rabies<ol> [Biting animals] 
and animals suspected of rabies that are placed in <nl>quarantine<ol> 
[confinement] for observation must be separated <nl>by a solid partition<ol> 
from all other animals in such a manner that there is no possibility of physical 
contact between animals. [To avoid contact between animals, a solid partition 
extending from the floor to ceiling of the confinement chamber is required 
between chambers such as runs or cages. Half wire - half solid partitions 
between runs and cages or] <nl>An<ol> [an] empty chamber between animals <nl> 
is<ol> [are] not <nl>an<ol> acceptable <nl> alternative<ol> [alternatives]. To 
prevent escape, the chamber must be enclosed on all sides, including the top. 
<nl>Quarantine cages, runs, or rooms must have "Rabies Quarantine" signs 
posted.<ol> 
(3) (No change.) 
[(4) The local rabies control authority may require a written agreement by the 
owner or the custodian at the time of quarantine and the animal may be disposed 
of according to terms of this agreement.] 
(b) Facilities planning. Any county, city, town, or incorporated community 
desiring to construct animal quarantine facilities shall submit plans to the 
[Texas Department of Health (] department[)] for approval. 
(c) Inspection requirements of quarantine facilities. 
(1) It will be the responsibility of the department to inspect all animal 
quarantine facilities. The inspection of the premises will be accomplished 
during ordinary business hours [and the inspector must be accompanied by the 
person responsible for the management of the facility]. All deficiencies will be 
documented in writing. Those that are of sufficient significance to affect the 
humane care <nl>or security<ol> of any animal confined to the facility must be 
corrected within a reasonable period of time. 
(2) The inspections will be accomplished annually or more frequently when 
significant discrepancies have been identified. Any facility that <nl>does 
not<ol> [cannot] achieve acceptable standards [within one year] will <nl>not be 
licensed for rabies quarantine operations<ol> [be required to cease operation 
until acceptable standards have been achieved]. 
(3) The quarantine facility manager has the right to appeal the results of the 
inspection evaluation. If the opinion of management of the quarantine facility 
is in conflict with the inspection evaluation, he or she may request a review of 
the inspection by the director of the department's Zoonosis Control Division. In 
the event points of difference still remain, the supervisor may request a review 
of the inspection by the chief of the department's Bureau of Communicable 
Disease Control. Each of the appeals listed in this paragraph, when required, 
will be made in writing through the <nl> regional director's office of the<ol> 
public health region <nl> in which <ol> [director's office in whose area] the 
animal facility is located. 

sec.169.29. Vaccination Requirement. 
(a) The owner or custodian (excluding animal shelters) of each <nl>domestic<ol> 
dog or cat shall have the <nl>animal<ol> [dog or cat] vaccinated against rabies 
<nl>before four<ol> [at three] months of age [or earlier as prescribed by the 
United States Department of Agriculture (USDA)] and within each subsequent 12-
month interval thereafter. [Only USDA-licensed] <nl>Rabies <ol> [rabies] 
vaccines <nl>licensed by the United States Department of Agriculture<ol> [with a 
three-year duration of immunity in dogs or a vaccine which has been licensed for 
less than two years, and for which testing to obtain approval for three-year 
duration of immunity is in progress, may be used] <nl>and administered<ol> 
according to label directions <nl> must be used<ol> [in any species for which it 
is approved]. <nl> Only vaccines with a three-year duration of immunity shall be 
used in dogs. Livestock (especially those that have frequent contact with 
humans), domestic ferrets, and wolf-dog hybrids should be vaccinated against 
rabies.<ol> (b) Official rabies vaccination certificates <nl>shall be <ol> 
issued by the vaccinating veterinarian <nl>and<ol> [shall] contain <nl>the 
following<ol> [certain standard] information [as designated by Texas Department 
of Health. Information required is as follows]: 
(1) (No change.) 
(2) animal identification - species, sex <nl>(including neutered if 
applicable)<ol>, <nl>approximate<ol> age (three months to 12 months, 12 months 
or older), size (pounds), predominant breed, and colors;
(3)-(6) (No change.) 
(c) A copy of each rabies vaccination certificate issued shall be retained by 
the issuing veterinarian <nl>and be<ol> [in a] readily retrievable [status] for 
a period of not less than three years from the date of issuance. 
(d) (No change.) 

sec.169.30. Disposition of Domestic Animals Exposed to Rabies. 
(a) <nl>Not currently vaccinated<ol> [Unvaccinated ] animals which have been 
bitten or directly exposed by physical contact with a rabid animal or its fresh 
tissues shall be: 
(1) (No change.) 
(2) if sufficient justification for preserving the animal exists, the exposed 
animal shall be immediately vaccinated against rabies, placed in strict 
isolation for 90 days, and given booster vaccinations during the third and 
eighth weeks of isolation. <nl>For young animals, additional vaccinations may be 
necessary to ensure that the animal receives at least two vaccinations at or 
after the age prescribed by the United States Department of Agriculture for the 
vaccine administered.<ol> [If the animal is under three months of age at the 
time of the second vaccination, an additional booster shall be given when the 
animal reaches three months of age.]
(b)-(d) (No change.) 

sec.169.31. Interstate Movement of Dogs and Cats into Texas. 
[(a)] All dogs and cats <nl>over three months of age<ol> to be transported into 
Texas for any purpose shall be admitted only when [currently] vaccinated against 
rabies <nl>during the last 12 months<ol> and identified by vaccination 
certificates showing date of vaccination and signed by <nl>the<ol> [a] licensed 
veterinarian <nl> who administered the vaccine<ol>. 
[(b) Dogs and cats under three months of age may be admitted without rabies 
vaccination provided they are held in isolation until three months of age, at 
which time they must be vaccinated against rabies and held in isolating for an 
additional 30 days. Isolation, vaccination, and reporting the completion of 
isolation to the Texas Department of Health are the responsibility of the 
importer.] 

sec.169.33. Submission of Specimens for Laboratory Examination.  
Preparation of specimens either for shipment or for personal delivery for rabies 
diagnosis shall include the following. 
(1) (No change.) 
(2) <nl>The head of the suspect animal<ol> [Suspect animal's head] shall be 
separated from the body immediately after death by a qualified person. Only the 
head shall be submitted with the exception that whole bats may be submitted. 
<nl>If only the brain is submitted rather than the entire head, parts of the 
cerebellum, hippocampus, and brain stem must be included. Specimens which do not 
include at least two of these three areas of the brain will be considered 
unsatisfactory due to a lack of sufficient material.<ol> 
(3) The head shall be immediately chilled to between 45 degrees Fahrenheit and 
32 degrees Fahrenheit <nl>either in a refrigerator or by packing for shipping 
with sufficient amounts of refrigerants in the container<ol> [, but]<nl>. The 
head<ol> should not be frozen.
(4) If specimens are shipped, two containers shall be used for packing. 
(A) The immediate (inner) container. Only one head shall be placed in each 
immediate container which shall be double plastic bags. Attach the owner's name 
or an identification number to each double-sealed plastic bag. Adhesive tape is 
useful. Do not use masking tape. [A completed Texas Department of Health Form G-
9, Rabies Submission Form, which is available at the department's Bureau of 
Laboratories, Texas Department of Health, 1100 West 49th Street, Austin, Texas 
78756, shall be placed in a separate water-proof bag. The form must contain 
identical information as located on the specimen bag. One form is required for 
each head submitted.] 
(B) The shipping (outer) container. 
(i)-(iii) (No change.) 
(iv) <nl>A completed Texas Department of Health Form G-9, Rabies Submission 
Form, which is available at the department's Bureau of Laboratories, Texas 
Department of Health, 1100 West 49th Street, Austin, Texas 78756, is required 
for each head submitted. Each form must contain the same identification 
information as located on the specimen bag as stated in subparagraph (4)(A) of 
this section.<ol> Submission form(s) shall be placed in a water-proof bag on top 
of the packing material, just under the box top. 
(v) Labeling on the outside of the shipping container shall be legible and 
include: 
(I) name, address, and <nl>telephone<ol> [phone] number of the appropriate 
laboratory (listed in paragraph (6) of this section);
(II)-(III) (No change.) 
(5) (No change.) 
(6) The certified laboratories in Texas are: 
(A) Austin - Bureau of Laboratories, Texas Department of Health, 1100 West 49th 
Street, Austin, Texas 78756, telephone the rabies shipment notification hotline 
at 1-800-252-8163, or the local telephone at: (512) 458-7598<nl> ,<ol> [or] 
(512) 458-7515<nl>, or (512) 458-7318 (after hours) <ol>. 
(B)-(D) (No change.) 

sec.169.34. <nl>Statewide<ol> [Area] Quarantine. 
[(a) Introduction. The purpose of these rules is to prevent the spread of the 
south Texas canine, and Texas fox rabies epizootics in accordance with Texas 
Health and Safety Code, sec.826.045. This rule will be administered with the 
cooperation of the governing bodies of counties and municipalities within the 
quarantine area.] 
[(b) Definitions. Words and terms used in this section, shall have the 
definitions assigned by Texas Health and Safety Code, sec.826.002 unless the 
context clearly indicates otherwise.]
<nl>(a)<ol> [c] Declaration. The board declares <nl> a statewide<ol> [an area] 
rabies quarantine. 
(1) <nl>Statewide<ol> [Area] quarantine. The area is defined by the borders of 
the <nl>State<ol> [state] of Texas. 
<nl>(2)<ol> It is illegal to transport animals subject to the statewide rabies 
quarantine from, to, or within the State of Texas. 
<nl>(3)<ol> [(2)] Animals subject to the <nl> statewide<ol> [area] 
<nl>rabies<ol> quarantine[.] <nl> include any<ol> [Any] live [: domestic dog, 
wolf-dog hybrid, or cat over three months of age for which an official rabies 
vaccination certificate as described in sec.169.29(b) of this title (relating to 
Vaccination Requirement) cannot be produced, or] coyote (Canis latrans), raccoon 
(Procyon lotor), or species of foxes indigenous to North America [, is subject 
to the area quarantine ]. 
<nl>(4)<ol> [(3)] Transport exceptions. Animals subject to the <nl>statewide<ol> 
[area] <nl>rabies <ol> quarantine may be transported by <nl>peace officers and 
individuals hired or contracted by state or federal agencies or local 
governments to deal with stray animals<ol> [employees or contractors of 
governmental entities, ] when such transport is a part of their official duty. 
<nl> These animals may also be transported by employees of zoos or other 
institutions accredited by the American Association of Zoological Parks and 
Aquariums when such transport is part of their official duty.<ol> If an exempt 
individual transports such animals for release, the animals must be released 
within a ten-mile radius or within ten miles of the city limits of where they 
were originally captured.  
<nl>(b)<ol> [(d)] Board's designee. The board's designee is the commissioner, 
whom the board appoints to act as its designee as described in Texas Health and 
Safety Code, sec.826.045. 
[(e) Public notification. The Texas Department of Health shall insure that the 
public is notified of the area rabies quarantine by:] 
[(1) publishing a notice in the Texas Register;]
[(2) issuing news releases statewide; and]
[(3) posting notice of the quarantine in appropriate public places.] 
[(f) Prohibited acts. A person shall not remove from, nor transport within the 
area quarantine, any animal described in subsection (c)(2) of this section. For 
dogs and cats, submission to the court of a valid rabies certificate issued 
prior to the date of the citation or a signed euthanasia release form describing 
the transported animal, shall be a valid defense to a charge of violation of 
this quarantine.] 
<nl>(c)<ol> [(g)] Special provisions for [rehabilitation of] raccoons. [Raccoons 
being rehabilitated shall be:] <nl>In addition to the transport exceptions 
listed in subsection (a)(4) of this section, the following individuals may 
transport raccoons: <ol> 
(1) <nl>rehabilitators permitted by the Texas Parks and Wildlife Department may 
transport raccoons within a ten-mile radius or within ten miles of the city 
limits of where they were originally captured;<ol> [vaccinated with a vaccine 
approved for use in raccoons by the United States Department of Agriculture and 
held for 30 days after vaccination without clinical signs of rabies;] 
(2) <nl>pest control operators licensed by the Structural Pest Control Board may 
transport raccoons<ol> [released] within a ten-mile radius or within ten miles 
of the city limits of where they were originally captured; and, 
(3) <nl>educators permitted by the Texas Parks and Wildlife Department for 
educational display.<ol> [transported by employees or contractors of a city or 
county animal control agency.] 
<nl>(d)<ol> [(h)] Rehabilitation of [other wild] animals. <nl>Except for 
raccoons, rehabilitation<ol> [Rehabilitation] of [other wild] animals listed in 
subsection <nl> (a)(3)<ol> [(c)(2)] of this section is prohibited. 
[(i) Violation of quarantine. As provided in Texas Health and Safety Code, 
sec.826.046:] 
[(1) a person commits an offense if the person violates or attempts to violate 
subsection (f) of this section; and] 
[(2) an offense is a Class C misdemeanor.]
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.
Filed with the Office of the Secretary of State on January 16, 1998.
TRD-9800794
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 458-7236

PART II. Texas Department of Mental Health and Mental Retardation
CHAPTER 406. ICF/MR Programs
SUBCHAPTER E. Eligibility and Review
25 TAC sec.406.215
(Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of Mental Health and Mental Retardation or in the Texas Register office, Room 
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Mental Health and Mental Retardation (TDMHMR) proposes 
the repeal of sec.406, governing ICF/MR Programs: Eligibility and Review. 
In accordance with the Federal Balanced Budget Act of 1997, the proposed repeal 
would remove the requirement for an inspection of care (IOC) in ICFs/MR.
Don Green, chief financial officer, has determined that for each year of the 
first five-year period the rule, as proposed, would be in effect there would be 
no fiscal implications for state or local government or small businesses.
Ernest McKenney, director, Medicaid Administration, has determined that for each 
year of the first five years the amendment would be in effect the public benefit 
anticipated would be the elimination of duplicative consumer quality of care 
reviews. There is no anticipated economic cost to persons who are required to 
comply with the proposed amendment. There would be no effect on small business. 
A public hearing will be held at 8:30 a.m., February 19, 1998, in Room 240 of 
the main TDMHMR Central Office building (Building 2) at TDMHMR Central Office, 
909 West 45th Street, Austin, Texas, to accept oral and written testimony 
concerning the proposal. Persons requiring an interpreter for the deaf or 
hearing impaired should notify Sheila Wilkins, Office of Policy Development, at 
least 72 hours prior to the hearing by calling (512) 206-4516. 
Written comments on the proposed sections should be submitted to Linda Logan, 
director, Policy Development, Texas Department Mental Health and Mental 
Retardation, P.O. Box 12668, Austin, Texas 78711-2668, within 30 days of 
publication.  
The repeal is proposed under the Texas Health and Safety Code, sec.532.015(a), 
which provides TDMHMR with broad rulemaking authority; Human Resource Code, 
Chapter 32, sec.32.021, and Government Code, Chapter 531, sec.531.021, which 
provide the Texas Health and Human Services Commission (THHSC) with the 
authority to administer federal medical assistance funds and administer the 
state's medical assistance program. Senate Bill 509 of the 74th Texas 
Legislature clarifies THHSC's authority to delegate the operation of all or part 
of a Medicaid program to a health and human service agency. The section affects 
Human Resources Code, Chapter 32, and Government Code, Chapter 531, sec.531.021.  

sec.406.215. Inspection of Care.  
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.
Filed with the Office of the Secretary of State on January 16, 1998.
TRD-9800738
Ann Utley
Chair, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 206-4516

TITLE 28. INSURANCE
PART I. Texas Department of Insurance
CHAPTER 1.General Administration
SUBCHAPTER A.Rules of Practice and Procedure
Rule Making Procedures
28 TAC sec.1.205
The Texas Department of Insurance proposes the amendment of sec.1.205, 
concerning final action for rule proposals where a hearing or meeting is 
requested or required. The amendment is necessary to streamline rule making 
procedures within the department and provide greater uniformity in rule making 
procedures. As currently worded, sec.1.205(3) provides that the commissioner may 
take a proposed rule under advisement at the conclusion of a public hearing only 
for rules adopted under the Government Code, Chapter 2001. The department 
proposes the deletion of the qualifying phrase, "only for rules adopted under 
the Government Code, Chapter 2001" to allow the commissioner to take any rule 
making matter under advisement after public hearing. Many department rules are 
proposed under the Insurance Code, Article 5.96. At the public hearing on a 
proposed rule, whether the rule is proposed under Article 5.96 or the Government 
Code, public comment or exchanges between the commissioner and staff often 
generate additional factors the commissioner wishes to consider thoroughly 
before ruling on the proposal. The language proposed for deletion could be read 
as requiring a decision from the commissioner at that hearing or at a later, 
reconvened hearing unless the proposed rule is to be adopted under the 
Government Code. There is no reason for this distinction. Further, it creates an 
added administrative burden in 5.96 matters, in that an additional hearing must 
be scheduled and noticed, even when the commissioner's action will be based 
solely on issues which have been fully addressed in the rule proposal or at the 
public hearing. Exchanges between the commissioner, staff and public at the 
public hearing are a very valuable part of the rule making process. These 
exchanges often lead to the adoption of a better rule. A requirement that the 
commissioner must rule at that first hearing defeats a major purpose of the 
hearing if the commissioner is not allowed to take matters under advisement for 
further reflection before ruling. A requirement that a separate public hearing 
be noticed and convened before the commissioner is allowed to rule substantially 
delays the rule making process and, in some instances, may force the 
commissioner to rule at the first hearing in order to adopt a rule in a timely 
manner. 
Caroline Scott, general counsel and chief clerk, has determined that for each 
year of the first five years the amendment is in effect, there will be no fiscal 
impact on state or local government as a result of enforcing or administering 
the amendment. Ms. Scott has also determined that there will be no effect on 
local employment or the local economy. 
Ms. Scott has also determined that for each year of the first five years the 
amendment is in effect, the public benefit anticipated as a result of 
administration and enforcement of the amendment will be the more efficient 
administration of the department's rule making duties and the more effective 
utilization of public resources through the use of a more uniform and efficient 
rule making process. There are no anticipated economic costs to persons who are 
required to comply with the rule as amended.
Comments on the proposed amendments must be submitted within 30 days after 
publication of the proposed sections in the Texas Register, to the Chief Clerk, 
P.O. Box 149104, Mail Code 113-1C, Austin, Texas 78714-9104. Any requests for a 
public hearing should be submitted separately to the Office of the Chief Clerk. 
The amendment is proposed under the Insurance Code, Article 1.03A. Article 1.03A 
provides that the Commissioner of Insurance may adopt rules and regulations to 
execute the duties and functions of the Texas Department of Insurance as 
authorized by statute. 
Insurance Code, Article 5.96(c) is affected by this proposed amendment. 

sec.1.205.Final Action for Rule Proposals Where a Hearing or Meeting Is 
Requested or Required.
When a hearing or meeting is required by statute or these rules, the 
commissioner may take final action on a proposed rule only after a hearing which 
meets the requirements of paragraphs (1)-(3) of this section.
(1) - (2) (No change). 
(3) Action on the proposed rule is solely within the discretion of the 
commissioner. The commissioner may take the matter under advisement at the 
conclusion of the hearing [only for rules adopted under the Government Code, 
Chapter 2001]. 
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.
Filed with the Office of the Secretary of State, on January 15, 1998.
TRD-9800647
Caroline Scott
General Counsel and Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 463-6327

TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART III. Texas Commission on Alcohol and Drug Abuse
CHAPTER 142.Investigations and Hearings
40 TAC sec.sec.142.31, 142.32
The Texas Commission on Alcohol and Drug Abuse proposes amendments to 
sec.sec.142.31 and 142.32 concerning investigations and hearings. These sections 
describe the procedures for facilities and chemical dependency counselor 
disciplinary hearings and administrative penalties. These sections are being 
amended to implement recent amendments to Texas Civil Statues, Article 4512o 
providing for administrative penalties for counselors and to further implement 
Texas Health and Safety Code, sec.464.019 providing for administrative penalties 
for facilities. 
Terry Faye Bleier, Executive Director, has determined that for the first five-
year period the amendments are in effect there will be minimal fiscal 
implications for the commission as facilities and counselors are assessed fees 
and pay those fees to the commission. There will be no fiscal implication for 
other state agencies or local government as a result of the proposed amendments. 
Ms. Bleier also has determined that for each year of the first five years the 
amendments are in effect the public benefit anticipated will be consistent, 
orderly, and fair sanctions for persons and entities regulated by the 
commission. There will be additional effect on small businesses. There are no 
anticipated additional economic costs to persons who are required to comply with 
the rules as proposed; however, specific persons and entities will pay penalties 
to the commission. 
Comments on the proposal may be submitted to Tamara Allen, Program Compliance, 
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, 
Texas 78753. 
The amendments are proposed under the Texas Health and Safety Code, Chapter 464, 
which provides the Texas Commission on Alcohol and Drug Abuse with the authority 
to adopt rules and standards for licensure of chemical dependency treatment 
facilities and under Texas Civil Statutes, Article 4512o, which provides the 
commission with the authority to establish procedures for the licensure of 
chemical dependency counselors. 
The codes affected by the proposed rules is the Texas Health and Safety Code, 
Chapter 464 and Texas Civil Statutes, Article 4512o. 

sec.142.31. Procedure for Facility and Chemical Dependency Counselor 
Disciplinary Hearings. 
(a)-(c) (No change.) 
(d) At the conclusion of the informal conference, or in lieu of an informal 
conference, the executive director or the director's designee may offer the 
respondent an agreed final order. If the respondent accepts the proposed order, 
the matter is concluded upon concurrence of the [executive director (in the case 
of a facility) or] board [(in the case of a chemical dependency counselor)]. If 
the respondent does not accept the agreed final order, the case will be 
scheduled for administrative hearing. 
(e)-(g) (No change.) 
(h) The board will consider the proposal for decision <nl> in all matters other 
than an administrative penalty for<ol> [regarding ] a chemical dependency 
counselor at a public meeting and issue an order.
(i) The executive director will consider the proposal for decision regarding 
<nl>an administrative penalty for a chemical dependency counselor<ol> [a 
facility and issue an order]. 
(j)-(l) (No change.) 

sec.142.32. Administrative Penalties. 
(a) <nl>Violations are categorized according to the seriousness of the violation 
and the actual or potential harm to the health, safety, and welfare of the 
public. The commission has established specific guidelines for assigning 
categories. These guidelines are available for review at the commission's 
administrative offices at 9001 North IH 35, Suite 105, Austin, Texas, 78753<ol> 
[The commission may impose an administrative penalty against a facility licensed 
or regulated by the Texas Health and Safety Code, Chapter 464, for violating the 
commission's statute or rules]. 
(b) <nl>Administrative penalties are not assessed for the most serious 
violations, which are assigned to Category A. Instead, the commission will seek 
to revoke or suspend the license<ol> [Each day a violation continues is a 
separate violation]. 
(c) <nl>Administrative penalties are not an option if the licensee has failed to 
pay administrative penalties assessed in the past <ol> [The amount of the 
penalty may not exceed $25,000 per violation and will be based on: 
[(1) the seriousness of the violation; 
[(2) enforcement costs relating to the violation; 
[(3) history of previous violations;
[(4) the amount necessary to deter future violations; 
[(5) efforts to correct the violation; and 
[(6) any other matter that justice may require]. 
(d) <nl>Self-reported violations are not subject to administrative penalties 
provided:<ol> [The executive director, shall report the findings and 
recommendations to the board, including a recommended penalty.
<nl>Figure 1: 40 TAC sec.142.32(d)<ol>
<nl>(1)<ol> <nl> the licensee achieves compliance by the established deadline; 
and <ol>
<nl>(2)<ol> <nl> the commission does not initiate a field investigation. <ol>
(e) <nl>Administrative penalties for facilities are assessed using the following 
point system.<ol> [The executive director shall give written notice to the 
facility adversely affected within 14 days of the date the report is issued. The 
notice will be by certified mail. The notice shall include:] 
<nl>Figure 2: 40 TAC sec.142.32(e)<ol>
<nl>(1)<ol> <nl> Points are assigned to each violation using the matrix shown in 
Figure 1: 40 TAC sec.142.32(d). <ol>
<nl>(2)<ol> <nl> The point value of all violations is added and the total is 
multiplied by $10 per point. <ol>
<nl>(3)<ol> <nl> If the total dollar value is over $5,000, the commission will 
seek to revoke or suspend the facility's license instead of imposing an 
administrative penalty <ol>
[(1) a brief summary of the alleged violations;
[(2) a statement of the amount of the recommended penalty; and 
[(3) a notification that the facility has a right to a hearing on the occurrence 
of the violation, the amount of the penalty, or both]. 
(f) <nl>Administrative penalties for counselors are assessed using the following 
point system<ol> [The facility shall accept the determination and recommended 
penalty or request an administrative hearing in writing within 20 days of the 
mailing of the notice. If the facility accepts the determination and recommended 
penalty, the board shall issue an order approving both]. 
<nl>(1)<ol> <nl> Points are assigned to each violation using the matrix shown in 
Figure 2: 40 TAC sec.142.32(e). <ol>
<nl>(2)<ol> <nl> The point value of all violations is added and the total is 
multiplied by $12 per point. <ol>
<nl>(3)<ol> <nl> If the total dollar value is over $2,000, the commission will 
seek to revoke or suspend the counselor's license instead of imposing an 
administrative penalty.<ol> 
(g) <nl>When administrative penalties are recommended, the executive director 
shall report staff findings and recommendations to the board, including the 
amount of the recommended penalty<ol> [If the facility requests an 
administrative hearing or fails to respond within 20 days, the executive 
director or the director's designee shall set a hearing before the State Office 
of Administrative Hearings]. 
(h) <nl>The executive director shall give written notice to the licensee 
adversely affected. The notice will be by certified mail. The notice shall 
include:<ol> [Section 142.31 (e)-(h) and (j)-(l) of this chapter (relating to 
Procedure for Facility and Chemical Dependency Counselor Disciplinary Hearings) 
apply to notice of the hearing, the hearing, hearings procedures, the proposal 
for decision, exceptions, replies to exceptions, the commission's decision, and 
motions for rehearing.] 
<nl>(1)<ol> <nl> a brief summary of the alleged violations; <ol>
<nl>(2)<ol> <nl> a statement of the amount of the recommended penalty; and <ol>
<nl>(3)<ol> <nl> a notification that the licensee has a right to a hearing on 
the occurrence of the violation, the amount of the penalty, or both. <ol>
<nl>(i)<ol> <nl> The licensee shall accept the determination and recommended 
penalty or request an administrative hearing in writing within 20 days of the 
mailing of the notice. If the licensee accepts the determination and recommended 
penalty, the board shall issue an order approving both. <ol>
<nl>(j)<ol> <nl> If the licensee requests an administrative hearing or fails to 
respond within 20 days, the executive director or the director's designee shall 
set a hearing before the State Office of Administrative Hearings. <ol>
<nl>(k)<ol> <nl> Section 142.31 (e)-(k) of this title (relating to Procedure for 
Facility and Chemical Dependency Counselor Disciplinary Hearings) apply to 
notice of the hearing, the hearing, hearings procedures, the proposal for 
decision, exceptions, replies to exceptions, the commission's decision, and 
motions for rehearing. <ol> 
<nl>(l)<ol> <nl> A licensee who has not paid final administrative penalties is 
not eligible for licensure renewal. <ol>
<nl>(m)<ol> <nl> Facilities shall not be required to pay administrative 
penalties under these rules until January 1, 1999. <ol>
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. 
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800714
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609

CHAPTER 147.Approved Drug Offender Education Program
General Provisions
40 TAC sec.sec.147.1-147.9
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas 
Commission on Alcohol and Drug Abuse or in the Texas Register office, Room 245, 
James Earl Rudder Building, 1019 Brazos Street, Austin.) 
The Texas Commission on Alcohol and Drug Abuse proposes the repeal of 
sec.sec.147.1-147.9 concerning general provisions for approved drug offender 
education programs. These sections define terms used in this chapter and 
describe the objectives of the chapter; scope of the rules, regulations, and 
standards; fees; program approval; program approval expiration; uniform 
certificates of course completion; denial, revocation, or nonrenewal of 
approval; and invalidity of provisions. The repeal is proposed because the rules 
for the various offender education programs are being updated and consolidated 
into one chapter. 
Terry Bleier, Executive Director, has determined that for the first five-year 
period the repeal is in effect there will be no fiscal implications for state or 
local government as a result of the proposed repeal. 
Ms. Bleier also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated will be the elimination of 
obsolete rules. There will be no effect on small businesses. There is no 
anticipated economic cost to current providers. 
Comments on the proposal may be submitted to Tamara Allen, Program Compliance, 
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, 
Texas 78753. 
The repealed sections are proposed under the Texas Transportation Code, 
sec.sec.521.374-521.376, which provides the Texas Commission on Alcohol and Drug 
Abuse with the authority to promulgate written rules and regulations setting 
forth minimum standards for the operation of approved drug offender education 
programs. 
The code affected by the repealed sections is the Texas Transportation Code, 
sec.sec.521.374-521.376. 
sec.147.1. Definitions.
sec.147.2.Objective. 
sec.147.3.Scope of Rules, Regulations, and Standards.
sec.147.4. Fees. 
sec.147.5. Program Approval: Application and Issuance of Certificate of 
Approval. 
sec.147.6. Program Approval Expiration: Renewal.
sec.147.7. Uniform Certificates of Course Completion.
sec.147.8. Denial, Revocation, or Nonrenewable of Approval. 
sec.147.9. Invalidity of Provisions.
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.
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800696
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609

Drug Offender Education Program Standards
40 TAC sec.sec.147.31-147.44
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas 
Commission on Alcohol and Drug Abuse or in the Texas Register office, Room 245, 
James Earl Rudder Building, 1019 Brazos Street, Austin.) 
The Texas Commission on Alcohol and Drug Abuse proposes the repeal of 
sec.sec.147.31-147.44 concerning program standards and procedures for drug 
offender education program standards. These sections describe the program 
purpose, content, admission criteria, confidentiality, operational requirements, 
discrimination prohibitions, provisions for participant complaints, and 
requirements for program administrators, instructors, classroom facilities, 
recordkeeping and reporting. These sections also state that the commission will 
maintain a listing of programs and has the right to monitor programs for 
compliance. The repeal is proposed because the rules for the various offender 
education programs are being updated and consolidated into one chapter. 
Terry Bleier, Executive Director, has determined that for the first five-year 
period the repeal is in effect there will be no fiscal implications for state or 
local government as a result of the proposed repeal. 
Ms. Bleier also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated will be the elimination of 
obsolete rules. There will be no effect on small businesses. There is no 
anticipated economic cost to current providers. 
Comments on the proposal may be submitted to Tamara Allen, Program Compliance, 
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, 
Texas 78753. 
The repealed sections are proposed under the Texas Transportation Code, 
sec.sec.521.374-521.376, which provides the Texas Commission on Alcohol and Drug 
Abuse with the authority to promulgate written rules and regulations setting 
forth minimum standards for the operation of approved drug offender education 
programs. 
The code affected by the repealed sections is the Texas Transportation Code, 
sec.sec.521.374-521.376. 
sec.147.31. Program Purpose. 
sec.147.32. Program Content. 
sec.147.33. Program Admission.
sec.147.34. Confidentiality. 
sec.147.35. Program Operation Requirements. 
sec.147.36. Discrimination Prohibited. 
sec.147.37. Participant Complaints. 
sec.147.38. Program Administrators. 
sec.147.39. Program Instructors. 
sec.147.40. Instructor Recertification. 
sec.147.41. Classroom Facilities. 
sec.147.42. Recordkeeping and Reporting. 
sec.147.43. Program Listing. 
sec.147.44. Program Monitoring. 
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.
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800697
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609

CHAPTER 149.Court Commitments
SUBCHAPTER A.Civil Court Commitments
40 TAC sec.sec.149.1, 149.13, 149.15, 149.16
The Texas Commission on Alcohol and Drug Abuse proposes amendments to 
sec.sec.149.1, 149.13, 149.15, and 149.16 concerning civil court commitments. 
These sections define the terms used in this chapter, licensure and general 
procedures of the facilities, and the documentation requirements. These sections 
are being amended to eliminate provisions repetitious of state law and to add 
certain programmatic elements. 
Terry Faye Bleier, Executive Director, has determined that for the first five-
year period the rules are in effect there will be no fiscal implications for 
state or local government as a result of enforcing the rules. 
Ms. Bleier also has determined that for each year of the first five years the 
amendments are in effect the public benefit anticipated will be elimination of 
provisions repetitious of state law and clearer understanding of the 
programmatic elements. There will be no effect on small businesses. There are no 
anticipated economic costs to persons who are required to comply with the rules 
as proposed.
Comments on the proposal may be submitted to Tamara Allen, Program Compliance, 
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, 
Texas 78753. 
The amendments are proposed under the Texas Health and Safety Code, Chapter 461 
and 462, which provide the Texas Commission on Alcohol and Drug Abuse with the 
authority to adopt rules and standards for approval of chemical dependency 
treatment facilities to accept court commitments.
The code affected by the proposed rules is the Texas Health and Safety Code, 
Chapter 461 and 462. 

sec.149.1. Definitions. 
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise. 
[Adolescent --A minor child under the age of 18 years as defined in the Texas 
Civil Practice and Remedies Code, sec.129.011. A person who is 17 years old or 
younger.] 
[Adult - An individual 18 years of age or older, or an individual under the age 
of 17 whose disabilities of minority have been removed by marriage or judicial 
decree.]
[Apprehend - To take into custody.] 
[Chemical dependency - The abuse of, psychological or physical dependence on, or 
addiction to alcohol or a controlled substance.]
[Client - An individual who has been admitted to a chemical dependency treatment 
facility licensed by the commission and is currently receiving services.] 
Client rights - The list of civil rights guaranteed to clients in substance 
abuse programs. For statutory rights of voluntarily admitted clients, see Texas 
Health and Safety Code, sec.321.002 and sec.464.009(b)(3). For involuntary 
client rights, see Texas Health and Safety Code, sec.462.046 and sec.462.048 
<nl> and Texas Administrative Code, sec.148.144 and sec.148.145 <ol>. 
[Commission - Texas Commission on Alcohol and Drug Abuse.] 
[Controlled substance - A toxic inhalant or a substance designated as a 
controlled substance by the Texas Controlled Substances Act, Chapter 481.] 
[Counsel - Attorney for an individual.]
[Discharge - Release, remove, free, dismiss.]
[Hearing - Proceeding used to hear evidence, determine the truth of evidence, 
and make a decision as to the outcome of a certain matter or case.] 
[Imminent- Immediate; appears to be just about to happen.] 
[Judge - The public official that presides over legal matters and is authorized 
to decide questions brought before the court.] 
[Judicial - Having to do with a court; having to do with a judge.] 
[Level I services - Detoxification services provided by a treatment facility 
licensed by the commission which meet the rules stated in sec.148.211 of this 
title (relating to Level I Treatment).]
[Level II services - Intensive treatment services provided by a treatment 
facility licensed by the commission which meet the rules stated in sec.148.212 
of this title (relating to Level II Treatment). A Level II treatment program 
provides an average of at least 20 hours of structured activities per week for 
each client.] 
[Level III services - Treatment services provided by a treatment facility 
licensed by the commission which meet the rules stated in sec.148.213 of this 
title (relating to Level III Treatment). A Level III treatment program provides 
an average of at least ten hours of structured activities per week for each 
client.] 
[Level IV services - Supportive or transitional treatment services provided by a 
treatment facility licensed by the commission which meet the rules stated in 
sec.148.214 of this title (relating to Level IV Treatment). A Level IV treatment 
program provides an average of at least two hours of structured activities per 
week for each client.] 
[Medication - Any prescription or over-the-counter drug that is taken orally, 
injected, inserted, or topically or otherwise administered to a client.] 
[Notify - Inform in writing.]
[Patient- Client. This is the term used in the Chemical Dependency Code.] 
[Physician - A physician licensed by the Texas State Board of Medical Examiners, 
or a physician employed by any agency of the United States who has a license in 
any other state of the United States.
[Toxic inhalant - A gaseous substance that is inhaled by a person to produce a 
desired physical or psychological effect and that may cause personal injury or 
illness to the inhaler.] 
[Treatment - The initiation and promotion of a person's chemical-free status or 
the maintenance of a person free of illegal drugs.] 
[Treatment facility - A public or private hospital, a detoxification facility, a 
primary care facility, an intensive care facility, a long-term care facility, an 
outpatient care facility, a community mental health center, a health maintenance 
organization; a recovery center, a halfway house, an ambulatory care facility, 
another facility that is required to be licensed and approved by the commission, 
a facility licensed by the Texas Department of Health which has been designated 
by the commission to provide chemical dependency treatment. The term does not 
include an educational program for intoxicated drivers or the individual office 
of a private, licensed health care practitioner who personally renders private 
individual or group services within the cope of the practitioner's licensed and 
in the practitioner's office. ] 

sec.149.13. Licensure. 
(a)-(b) (No change.) 
(c) <nl>Facilities licensed by the Texas Department of Health shall provide 
services equivalent to those specified in subsection (b) of this section<ol> [In 
areas where Level II or Level III services are not available, the commission may 
approve a Level IV outpatient program to receive adult outpatient involuntary 
civil commitments. The program shall not, however, accept inappropriate clients 
who do not meet its admission criteria. Approval of a Level IV program is 
limited to one year. The commission may renew the approval annually if the 
arrangement is still necessary and appropriate ]. 
[(d) Facilities licensed by the Texas Department of Health shall provide 
services equivalent to those specified in subsection (b) of this section.] 

sec.149.15. General Procedures. 
(a) The facility's court commitment program shall implement procedures for 
compliance with Federal and State Statutory and Administrative Code provisions 
that relate to the care and custody of court committed clients. These provisions 
include: 
(1)-(2) (No change.) 
(3) Texas Administrative Code, <nl>Title 40, Chapter 148, as applicable, and 
Chapter 149<ol> [Title 25, Chapters 41-42
(b) (No change.) 
<nl>(c)<ol> <nl> The facility shall ensure that the designated staff members 
working with the court commitment program develop a working relationship with 
the judiciary. Staff members shall provide the judiciary with sufficient 
information in writing on the program design, treatment methods, and admission 
processes to assist the judiciary in committing appropriate clients to the 
facility. <ol>
<nl>(d)<ol> <nl>The facility shall also develop and implement written referral 
procedures that incorporate other available resources to assist in the referral 
and placement of clients that are inappropriate for admission. <ol>

sec.149.16. Documentation. 
(a) (No change.) 
(b) The client record shall also contain copies of the following documents: 
(1)-(7) (No change.) 
(8) order of commitment or writ of commitment; [and] 
(9) transfer order (if applicable), <nl>and <ol>
<nl>(10)<ol> <nl> modification order of the initial petition for court ordered 
treatment (if applicable). <ol>
[(c) A facility shall provide services according to the provisions in the 
current version of the commission's Provider Compliance Guide.] 
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. 
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800715
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609

40 TAC 149.21, 149.22, 149.31, 149.32, 149.54
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas 
Commission on Alcohol and Drug Abuse or in the Texas Register office, Room 245, 
James Earl Rudder Building, 1019 Brazos Street, Austin.) 
The Texas Commission on Alcohol and Drug Abuse proposes the repeal of 
sec.sec.149.21, 149.22, 149.31, 149.32, and 149.54 concerning civil court 
commitments. These sections describe admissions for chemical dependency 
emergency detention, persons court-ordered to inpatient and outpatient chemical 
dependency services, rights of persons apprehended for emergency detention, 
special rights for clients under order of protective custody, passes and 
furloughs. These sections are being repealed as they are repetitious of state 
law. 
Terry Faye Bleier, Executive Director, has determined that for the first five-
year period the repeal is in effect there will be no fiscal implications for 
state or local government as a result of the proposed repeal. 
Ms. Bleier also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated will be the elimination of 
provisions repetitious of state law. There will be no effect on small 
businesses. There are no anticipated economic costs to persons who are required 
to comply with the rules as proposed. 
Comments on the proposal may be submitted to Tamara Allen, Program Compliance, 
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, 
Texas 78753. 
The repeals are proposed under the Texas Health and Safety Code, Chapter 461 and 
462, which provide the Texas Commission on Alcohol and Drug Abuse with the 
authority to adopt rules and standards for approval of chemical dependency 
treatment facilities to accept court commitments. 
The code affected by the repealed sections is the Texas Health and Safety Code, 
Chapter 461. 
sec.149.21. Admissions: Chemical Dependency Emergency Detention. 
sec.149.22. Rights of Persons Apprehended for Emergency Detention. 
sec.149.31.Admissions: Persons Court-Ordered to Inpatient Chemical Dependency 
Services. 
sec.149.32. Order of Protective Custody - Special Rights. 
sec.149.33. Passes and Furloughs.
sec.149.54. Admissions: Persons Court-Ordered to Outpatient Chemical Dependency 
Services.
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.
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800716
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609

CHAPTER 152.Approved Alcohol Awareness Programs
General Provisions
40 TAC sec.sec.152.1-152.8
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas 
Commission on Alcohol and Drug Abuse or in the Texas Register office, Room 245, 
James Earl Rudder Building, 1019 Brazos Street, Austin.) 
The Texas Commission on Alcohol and Drug Abuse proposes the repeal of 
sec.sec.152.1-152.8 concerning general provisions for approved alcohol awareness 
programs. These sections define terms used in this chapter and describe the 
objectives of the chapter; scope of the rules, regulations, and standards; 
program approval; approved program renewal; denial, revocation, or nonrenewal of 
approval; invalidity of provisions; and fees. The repeal is proposed because the 
rules for the various offender education programs are being updated and 
consolidated into one chapter. 
Terry Bleier, Executive Director, has determined that for the first five-year 
period the repeal is in effect there will be no fiscal implications for state or 
local government as a result of the proposed repeal. 
Ms. Bleier also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated will be the elimination of 
obsolete rules. There will be no effect on small businesses. There is no 
anticipated economic cost to current providers. 
Comments on the proposal may be submitted to Tamara Allen, Program Compliance, 
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, 
Texas 78753. 
The repealed sections are proposed under the Texas Alcoholic Beverage Code, 
sec.106.115, and Texas Health and Safety Code, sec.461.012(18) which provide the 
Texas Commission on Alcohol and Drug Abuse with the authority to promulgate 
written rules and regulations setting forth minimum standards for the operation 
of approved alcohol awareness programs. 
The codes affected by the repealed sections are the Texas Alcoholic Beverage 
Code, sec.106.115, and Texas Health and Safety Code, sec.461.012(18). 
sec.152.1. Definitions. 
sec.152.2. Objective. 
sec.152.3. Scope of Rules, Regulations, and Standards.
sec.152.4. Program Approval. 
sec.152.5. Approved Program Renewal. 
sec.152.6. Denial, Revocation, or Nonrenewal of Approval.
sec.152.7. Invalidity of Provisions. 
sec.152.8. Fees.
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.
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800709
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609

Alcohol Awareness Program Standards
40 TAC sec.sec.152.20-152.33
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas 
Commission on Alcohol and Drug Abuse or in the Texas Register office, Room 245, 
James Earl Rudder Building, 1019 Brazos Street, Austin.) 
The Texas Commission on Alcohol and Drug Abuse proposes the repeal of 
sec.sec.152.20-152.33 concerning program standards for alcohol awareness 
programs. These sections describe the purpose of approved program, program 
content, curriculum criteria, program admission, confidentiality, program 
operation requirements, discrimination prohibitions, provisions for participant 
complaints, and requirements for program administrators, instructors, classroom 
facilities, recordkeeping and reporting. These sections also state that the 
commission will maintain a listing of programs and has the right to monitor 
programs for compliance. The repeal is proposed because the rules for the 
various offender education programs are being updated and consolidated into one 
chapter. 
Terry Bleier, Executive Director, has determined that for the first five-year 
period the repeal is in effect there will be no fiscal implications for state or 
local government as a result of the proposed repeal. 
Ms. Bleier also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated will be the elimination of 
obsolete rules. There will be no effect on small businesses. There is no 
anticipated economic cost to current providers. 
Comments on the proposal may be submitted to Tamara Allen, Program Compliance, 
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, 
Texas 78753. 
The repealed sections are proposed under the Texas Alcoholic Beverage Code, 
sec.106.115, and Texas Health and Safety Code, sec.461.012(18) which provide the 
Texas Commission on Alcohol and Drug Abuse with the authority to promulgate 
written rules and regulations setting forth minimum standards for the operation 
of approved alcohol awareness programs. 
The codes affected by the repealed sections are the Texas Alcoholic Beverage 
Code, sec.106.115, and Texas Health and Safety Code, sec.461.012(18).
sec.152.20. Purpose of Approved Program. 
sec.152.21. Program Content. 
sec.152.22. Curriculum Format. 
sec.152.23. Program Admission. 
sec.152.24. Confidentiality. 
sec.152.25. Program Operation Requirements. 
sec.152.26. Discrimination Prohibited. 
sec.152.27. Participant Complaints. 
sec.152.28. Program Administrators.
sec.152.29. Program Instructors. 
sec.152.30. Classroom Facilities. 
sec.152.31. Recordkeeping and Reporting. 
sec.152.32. Program Listing. 
sec.152.33. Program Monitoring. 
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.
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800710
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609

CHAPTER 153.DWI Education Program Standards and Procedures 
General Provisions
40 TAC sec.sec.153.1-153.19
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas 
Commission on Alcohol and Drug Abuse or in the Texas Register office, Room 245, 
James Earl Rudder Building, 1019 Brazos Street, Austin.) 
The Texas Commission on Alcohol and Drug Abuse proposes the repeal of 
sec.sec.153.1-153.19 concerning general provisions for approved drug offender 
education programs. These sections define terms used in this chapter and 
describe the objective of the chapter; scope of the rules, regulations, and 
standards; program certification; certification renewal; denial or revocation of 
certification; exceptions from the provisions of the standards; invalidity of 
provisions; opinions and advice; precedent; initiation, notice; hearings; 
petitions of interested persons; validity; terminology; complaint procedures; 
discrimination prohibited; and fees. The repeal is proposed because the rules 
for the various offender education programs are being updated and consolidated 
into one chapter. 
Terry Bleier, Executive Director, has determined that for the first five-year 
period the repeal is in effect there will be no fiscal implications for state or 
local government as a result of the proposed repeal. 
Ms. Bleier also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated will be the elimination of 
obsolete rules. There will be no effect on small businesses. There is no 
anticipated economic cost to current providers. 
Comments on the proposal may be submitted to Tamara Allen, Program Compliance, 
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, 
Texas 78753. 
The repealed sections are proposed under the Texas Code of Criminal Procedure, 
Article 42.12, which provides the Texas Commission on Alcohol and Drug Abuse 
with the authority to promulgate written rules and regulations setting forth 
minimum standards for the operation of approved driving while intoxicated 
education programs. 
The code affected by the repealed sections is the Texas Code of Criminal 
Procedure, Article 42.12. 
sec.153.1. Definitions. 
sec.153.2. Objective. 
sec.153.3. Scope of Rules, Regulations, and Standards.
sec.153.4. Program Certification. 
sec.153.5. Certification Renewal. 
sec.153.6. Denial or Revocation of Certification. 
sec.153.7. Exceptions from the Provisions of the Standards. 
sec.153.8. Invalidity of Provisions. 
sec.153.9. Opinions and Advice.
sec.153.10. Precedent. 
sec.153.11. Initiation. 
sec.153.12. Notice. 
sec.153.13. Hearings. 
sec.153.14. Petitions of Interested Persons. 
sec.153.15. Validity. 
sec.153.16. Terminology. 
sec.153.17. Complaint Procedures. 
sec.153.18. Discrimination Prohibited. 
sec.153.19. Fees. 
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.
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800711
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609

DWI Education Progam Standards
40 TAC sec.sec.153.31-153.42
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas 
Commission on Alcohol and Drug Abuse or in the Texas Register office, Room 245, 
James Earl Rudder Building, 1019 Brazos Street, Austin.) 
The Texas Commission on Alcohol and Drug Abuse proposes the repeal of 
sec.sec.153.31-153.42 concerning program standards and procedures for drug 
offender education program standards. These sections describe the program 
purpose, content, admission and readmission criteria, confidentiality, 
operational requirements, and requirements for program administrators, staff, 
facilities, fiscal, and recordkeeping and reporting. These sections also state 
that the commission has the right to monitor programs for compliance. The repeal 
is proposed because the rules for the various offender education programs are 
being updated and consolidated into one chapter. 
Terry Bleier, Executive Director, has determined that for the first five-year 
period the repeal is in effect there will be no fiscal implications for state or 
local government as a result of the proposed repeal. 
Ms. Bleier also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated will be the elimination of 
obsolete rules. There will be no effect on small businesses. There is no 
anticipated economic cost to current providers. 
Comments on the proposal may be submitted to Tamara Allen, Program Compliance, 
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, 
Texas 78753. 
The repealed sections are proposed under the Texas Transportation Code, 
sec.sec.521.374-521.376, which provides the Texas Commission on Alcohol and Drug 
Abuse with the authority to promulgate written rules and regulations setting 
forth minimum standards for the operation of approved drug offender education 
programs. 
The code affected by the repealed sections is the Texas Transportation Code, 
sec.sec.521.374-521.376. 
sec.153.31. Program Purpose. 
sec.153.32. Program Course Content.
sec.153.33. Program Admission. 
sec.153.34. Readmission. 
sec.153.35. Confidentiality. 
sec.153.36. Program Operation Requirements. 
sec.153.37. Program Administration. 
sec.153.38. Program Staff. 
sec.153.39. Facilities. 
sec.153.40. Fiscal. 
sec.153.41. Recordkeeping and Reporting. 
sec.153.42. Program Monitoring and Evaluation. 
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.
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800718
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609

CHAPTER 153.Offender Education Programs
General Provisions and Procedures
40 TAC sec.sec.153.1-153.8
The Texas Commission on Alcohol and Drug Abuse proposes new sec.sec.153.1-153.8 
concerning offender education programs. The new sections describe the terms used 
in this chapter, scope of rules, fees assessed by the commission, application 
and approval/certification process, expiration and renewal of certification, 
exceptions to the program, sanctions, and disciplinary hearings. The new 
sections are proposed to consolidate into one chapter the requirements for 
programs to become an offender education program approved or certified by the 
Texas Commission on Alcohol and Drug Abuse. 
Terry Faye Bleier, Executive Director, has determined that for the first five-
year period the new sections are in effect there will be no fiscal implications 
for state or local government as a result of enforcing the new sections. Ms. 
Bleier also has determined that for each year of the first five years the new 
sections are in effect the public benefit anticipated will be quality 
programming in offender education programs approved or certified by the Texas 
Commission on Alcohol and Drug Abuse. There is no additional effect on small 
businesses. There is no anticipated economic cost to persons required to comply 
with the proposed new rules. 
Comments on the proposal may be submitted to Tamara Allen, Program Compliance, 
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, 
Texas 78753-5233. 
The new sections are proposed under the Texas Transportation Code, 
sec.sec.521.374-521.376, the Texas Alcoholic Beverage Code, sec.106.115, the 
Texas Health and Safety Code, sec.461.012(18), and the Texas Code of Criminal 
Procedure, Article 42.12, which provide the Texas Commission on Alcohol and Drug 
Abuse with the authority to promulgate written rules setting forth minimum 
standards for the approval or certification of offender education programs. 
The codes affected by the proposed rules are the Texas Transportation Code 
sec.sec.521.374-521.376, the Texas Alcoholic Beverage Code, sec.106.115, the 
Texas Health Safety Code, sec.461.012(18), and the Texas Code of Criminal 
Procedure, Article 42.12. 

sec.153.1. Definitions.
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly states otherwise. 
Alcohol awareness program - The educational program for minors approved by the 
commission as set forth under this chapter, and authorized by Texas Alcoholic 
Beverage Code, sec.106.115. The program is designed to: 
(A) present information to participants on the effects of alcohol upon behavior 
and upon the lives of persons who use alcohol; 
(B) help participants identify their own drinking patterns or problems; 
(C) educate participants about the laws relating to possession, consumption, and 
purchase of alcoholic beverages; and 
(D) assist participants in developing a plan to reduce the probability of 
involvement in future alcohol-related illegal behavior or detrimental activity. 
Approval period - That period of time beginning with the date approval (of a 
Drug Offender Education Program, Alcohol Awareness Program, or DWI Intervention 
Program) was granted and ending August 31 of every odd-numbered year. 
Branch office/site - An additional site which is located in the same county as 
the program headquarters or in an adjacent county where the approved Offender 
Education Program operates a program in compliance with this chapter. 
Certificates of course completion - Uniform certificates of completion issued by 
the Texas Commission on Alcohol and Drug Abuse which are serially numbered and 
provided to approved/certified programs for dissemination to program 
participants. 
Certification period - That period of time beginning with the date certification 
(of a DWI Education Program) was granted and ending August 31 of every even-
numbered year. 
Class records- Personal data forms, pre- and post-tests, self-assessments, 
screening instrument(s), homework assignments, action plans, and any other 
written material required or used in the class instruction. 
Class roster - A form used to collect data on all participants enrolled and in 
attendance at the first class session and is used to collect data on those 
participants throughout the course. 
Class size- The number of participants officially enrolled and in attendance at 
each class session. 
Commission - The Texas Commission on Alcohol and Drug Abuse.
Continuing education hour - At least 50 minutes of participation in an 
organized, systematic learning experience which deals with and is designed for 
the acquisition of knowledge, skills, and information on drug-related topics. 
Drug offender - A person convicted of: 
(A) a misdemeanor or felony offense under the Controlled Substances Act (United 
States Code, Title 21, sec.321 et seq.); 
(B) a drug offense as assigned by United States Code, Title 23, sec.159(c); 
(C) an offense under the Texas Penal Code, sec.sec. 49.04 - 49.09, committed as 
a result of the introduction into the body of any substance the possession of 
which is prohibited under the Controlled Substances Act; or 
(D) a felony under the Texas Health and Safety Code, Chapter 481, that is not a 
drug offense. 
Drug offender education program - The educational program for convicted drug 
offenders approved by the commission as set forth in this chapter, and 
authorized under Texas Transportation Code, sec.512.374. The program is designed 
to:
(A) educate participants on the dangers of drug use/abuse and associated illegal 
activities; 
(B) provide information on the effects of drug use/abuse and related illegal 
activities on personal, family, social, economic and community life; 
(C) assist participants in evaluating their own abusive patterns connected with 
their use of drugs or associated illegal activities; and 
(D) assist participants in developing a plan for positive lifestyle changes to 
reduce chances of being involved in future drug use/abuse and related illegal 
behaviors. 
DWI - The offense of driving while intoxicated as defined in the Texas Penal 
Code, Chapter 49. 
DWI Certification Committee - A standing committee comprised of at least one 
representative of each of the four approving agencies: the Texas Commission on 
Alcohol and Drug Abuse (TCADA); the Department of Public Safety (DPS); the Texas 
Department of Transportation (TxDOT); and the Texas Department of Criminal 
Justice, Community Justice Assistance Division (CJAD). The committee's purposes 
are to approve or disapprove applications for program 
certification/recertification and waiver requests promulgated by Code of 
Criminal Procedure, Article 42.12, sec.13(h), and to serve as a resource for 
recommendations on rule changes to the governing board of the Texas Commission 
on Alcohol and Drug Abuse. 
DWI education program - The educational program for individuals convicted of DWI 
approved by the commission as set forth in this chapter, and authorized under 
Texas Code of Criminal Procedure, Article 42.12, sec.13(h). The program is 
designed to: 
(A) present information on the effects of alcohol and other drugs on driving 
skills; 
(B) help participants identify their own individual drinking or drugged driving 
patterns; and 
(C) assist participants in developing a plan to reduce the probability that they 
will be involved in future DWI behavior. 
DWI intervention program - The educational program for DWI repeat offenders 
which has been approved by the commission as set forth in this chapter, and 
authorized under Texas Code of Criminal Procedures, Article 42.12, sec.13(j). 
The program is designed to: 
(A) educate participants about chemical dependency and the problems associated 
with chemical dependency; 
(B) provide intensive instruction about specific actions participants can take 
to prevent future DWI offenses; and 
(C) instruct participants about methods and ways to make necessary lifestyle 
changes in order to prevent alcohol/drug-related problems in other areas of the 
participants' lives. 
Minor - A person under the age of 21 years. 
Program headquarters - The primary administrative center of the approved program 
identified as the business address in the application.
Offender education program - The Alcohol Awareness Program, Drug Offender 
Education Program, DWI Education Program, or DWI Intervention Program approved 
under this chapter. 
Reporting period - That period of time beginning with the date program approval 
was granted and ending August 31 of each year. 
Screening instrument - A written device approved by the commission and 
administered to each program participant for the purpose of: 
(A) identifying indicators of a potential substance abuse problem; and 
(B) making recommendations for further evaluation, where indicated. 

sec.153.2. Scope of Rules. 
Any entity or individual seeking to operate an approved offender education 
program must obtain written approval by the commission and comply with this 
chapter. 

sec.153.3. Fees.
<nl>(a)<ol> Fees will be assessed by the commission in accordance with the fee 
schedule set forth in sec.153.4(b) of this title (relating to Application and 
Approval/Certification), as applicable. 
<nl>(b)<ol> The schedules of fees shall be as follows:
<nl>(1)<ol> initial application fee - $250; 
<nl>(2)<ol> application renewal fee -$125; 
<nl>(3)<ol> participant certificates of completion - $100/batch (in batches of 
100 at $1.00 per certificate); 
<nl>(4)<ol> program approval certificate duplication or replacement fee - $5.00. 
<nl>(c)<ol> Fees paid to the commission by applicants are not refundable. 
<nl>(d)<ol> Payment must be in the form of cashier's check, money order, 
commercial check, or agency voucher. <nl><ol>

sec.153.4. Application and Approval/Certification.
<nl>(a)<ol> The program seeking approval (applicable to Drug Offender Education 
Programs, Alcohol Awareness Programs, and DWI Intervention Programs) or 
certification (applicable to DWI Education Programs) shall submit the 
application fee and the application form prescribed by the commission.
<nl>(b)<ol> When the program has met all requirements set forth in this chapter, 
the commission will issue a certificate. A certificate for a DWI Education 
Program will not be issued until the DWI Certification Committee approves the 
application. 
<nl>(c)<ol> A certificate of approval becomes effective on the first day of the 
following month after approval and expires on August 31 of every odd-numbered 
year. A DWI Education certificate becomes effective on the first day of the 
following month after certification and expires on August 31 of every even-
numbered year. 
<nl>(d)<ol> A certificate shall be prominently displayed at each location where 
services are provided. 
<nl>(e)<ol> The program shall obtain a duplicate certificate from the commission 
for each branch site. Branch sites shall be located in the same county as the 
program headquarters or in an adjacent county. Each branch office or program 
site must have a local address and telephone number for participants to register 
and obtain information. 
<nl>(f)<ol> The organization must submit a separate application and application 
fee to operate the program at a site that is not located in the same county as 
the program headquarters or in an adjacent county. The new application shall 
designate a program headquarters and may establish branch sites. 

sec.153.5. Expiration and Renewal.
<nl>(a)<ol> At least 30 days before the certificate's expiration date, a program 
seeking renewal shall submit the application fee and the application form 
prescribed by the commission. 
<nl>(b)<ol> Applicants for renewal must demonstrate continued compliance with 
applicable requirements. 
<nl>(c)<ol> When the program has met all renewal requirements, the commission 
will issue a certificate. A certificate for a DWI Education Program will not be 
issued until the DWI Certification Committee approves the renewal application. 
<nl>(d)<ol> Renewal of a Drug Offender Education Program, Alcohol Awareness 
Program, or DWI Intervention Program becomes effective on September 1st of the 
year of renewal, and expires on the 31st day of August of every odd numbered 
year. Renewal of a DWI Education Program becomes effective on September 1st of 
the year of renewal and expires on the 31st day of August of every even-numbered 
year. 
<nl>(e)<ol> Programs which fail to obtain renewal before the expiration date 
must submit a new application as required in sec.153.4 of this title (relating 
to Application and Approval/Certification). 

sec.153.6 Exceptions. 
<nl>(a)<ol> In programs where specific standards cannot be complied with because 
of alleged difficulty or hardship, exceptions to specific provisions of the 
standards may be made where clearly justified if the intent of the certification 
standard is met and the effective and efficient operation of the program is not 
seriously affected. 
<nl>(b)<ol> To request an exception, the program shall submit a written request 
to the commission stating: 
(1) the name, address, and phone number of the program; 
(2) the section or number of standard or item which will be affected; and 
(3) action that staff or program will provide to replace or offset the 
particular exception request. 
<nl>(c)<ol> Approval or disapproval of a request for exception for a DWI 
Education Program will be determined by the DWI Certification Committee. 
Decisions on all other requests for exceptions will be made by the commission.
<nl>(d)<ol> The commission will send the program written notice of the decision. 
<nl>(e)<ol> All exceptions granted will expire at the end of the programs' 
approval/certification period. 

sec.153.7 Sanctions. 
Any violation of the requirements of this chapter shall be considered sufficient 
cause for revocation or denial of program approval or certification.

sec.153.8. Procedure for Disciplinary Hearings. 
(a) When the commission has substantiated information indicating that a 
violation has been committed, the commission may issue a notice of intent to 
take disciplinary action. The notice shall state the alleged violation(s) and 
the action to be taken. 
(b) The respondent may request an informal conference no later than 20 days 
following the notice of intent was mailed. 
(c) If the commission receives a timely request for an informal conference, the 
conference will be scheduled before the executive director or the director's 
designee. At the conference the respondent will be given the opportunity to show 
compliance with all requirements of law and why the proposed action should not 
be taken.
(d) At the conclusion of the informal conference, or in lieu of an informal 
conference, the executive director or the director's designee may offer the 
respondent an agreed final order. If the respondent accepts the proposed order, 
the matter is concluded upon concurrence of the board. If the respondent does 
not accept the agreed final order, the executive director or the director's 
designee shall prepare a proposed order. 
(e) The board will consider the proposed order regarding a program and issue a 
final order. 
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. 
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800717
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609

Program Standards
40 TAC sec.sec.153.32-153.36, 153.41-153.44, 153.51-153.55 
The Texas Commission on Alcohol and Drug Abuse proposes new sec.sec.153.32-
153.36, 153.41-153.44, and 153.51-153.55 concerning program standards for 
offender education programs. The new sections describe the program content and 
materials, uniform certificates of completion, confidentiality, discrimination 
prohibited, procedures to resolve participant complaints, classroom facilities 
and equipment, program administration, recordkeeping and reporting, program 
instructors, general program operation requirements, and additional requirements 
for drug offender education programs, alcohol awareness programs, DWI education 
programs, and DWI intervention programs. The new sections are proposed to 
consolidate into one chapter the requirements for programs to become an approved 
or certified offender education program.
Terry Faye Bleier, Executive Director, has determined that for the first five-
year period the new sections are in effect there will be no fiscal implications 
for state or local governments as a result of enforcing the new sections. Ms. 
Bleier also has determined that for each year of the first five years the new 
sections are in effect the public benefit anticipated will be quality 
programming in offender education programs approved or certified by the Texas 
Commission on Alcohol and Drug Abuse. There is no additional effect on small 
businesses. There is no anticipated economic cost to persons required to comply 
with the proposed new rules. 
Comments on the proposal may be submitted to Tamara Allen, Program Compliance, 
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, 
Texas 78753-5233. 
The new sections are proposed under the Texas Transportation Code, 
sec.sec.521.374-521.376, the Texas Alcoholic Beverage Code, sec.106.115, the 
Texas Health and Safety Code, sec.461.012(18), and the Texas Code of Criminal 
Procedure, Article 42.12, which provide the Texas Commission on Alcohol and Drug 
Abuse with the authority to promulgate written rules setting forth minimum 
standards for the approval or certification of offender education programs. 
The codes affected by the proposed rules are Texas Transportation Code, 
sec.sec.521.374-521.376, the Texas Alcoholic Beverage Code, sec.106.115, the 
Texas Health and Safety Code, sec.461.012(18), and the Texas Code of Criminal 
Procedure, Article 42.12. 

sec.153.32. Program Content and Materials. 
<nl>(a)<ol> Approved offender education programs shall use uniform curricula and 
screening instruments approved by the commission.
<nl>(b)<ol> The following curricula are approved:
<nl>(1)<ol> The Texas Drug Offender Education Program Administrator/Instructor 
Manual; 
<nl>(2)<ol> The Alcohol Education Program for Minors Instructor Manual; 
<nl>(3)<ol> The Texas DWI Education Program Administrator/Instructor Manual; and 
<nl>(4)<ol> The Texas DWI Intervention Program Manual.
<nl>(c)<ol> The curricula are available for review free of charge, at the Texas 
Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, Texas 
78753-5233. 
<nl>(d)<ol> Any supplemental videotapes used in the program must have prior 
approval from the commission according to the following criteria:
<nl>(1)<ol> the program uses the required videotapes in the appropriate modules; 
<nl>(2)<ol> the program exceeds the minimum sessions/hours of instruction per 
course; and 
<nl>(3)<ol> the videotapes relate directly to the objectives of the curriculum 
module in which they are used. 

sec.153.33. Uniform Certificates of Course Completion. 
<nl>(a)<ol> All approved offender education programs must purchase serially 
numbered uniform certificates of course completion from the commission. 
<nl>(b)<ol> All approved offender education programs shall maintain an ascending 
numerical accounting record of all issued and unissued certificates. 
<nl>(c)<ol> An original certificate shall be issued to each participant who 
successfully completes the course. The program shall retain one copy. 
<nl>(d)<ol> Each program shall develop procedures for issuing duplicate 
certificates. The procedures shall ensure that the duplicate certificate is 
clearly identified as being a duplicate of a previously issued certificate and 
includes the control number of the previously issued certificate. 

sec.153.34. Confidentiality.
Approved offender education programs shall abide by all applicable federal and 
state laws requiring confidentiality of patient/client records including, 
without limitation, United States Code, Title 42, sec.290dd-3 and sec.290ee-3; 
Code of Federal Regulations, Title 42, Part 2; and the Texas Health and Safety 
Code, Chapter 611. 

sec.153.35. Discrimination Prohibited. 
Approved offender education programs shall be conducted without regard to the 
gender, race, religion, age, national origin, or disability of the person 
affected. 

sec.153.36. Participant Complaints.
<nl>(a)<ol> Programs shall establish procedures to resolve participant 
complaints. 
<nl>(b)<ol> Programs shall prominently display at each site where coursework is 
conducted a sign containing the name, mailing address, and telephone number of 
the commission and a statement notifying all persons that any complaints against 
the program may be directed to the commission.
<nl>(c)<ol> Upon verbal or written request, an approved program or any person 
associated with the program shall promptly provide complete and concise 
information about complaint procedures, including procedures for complaining 
directly to the commission. 

sec.153.41. Classroom Facilities and Equipment. 
<nl>(a)<ol> All sessions shall be conducted in appropriate classroom facilities 
which are in compliance with the Americans with Disabilities Act, 1990. The 
classrooms shall be conducive to study and have: 
<nl>(1)<ol> a sufficient number of tables or desks; 
<nl>(2)<ol> adequate seating; 
<nl>(3)<ol> sufficient lighting; and 
<nl>(4)<ol> appropriate acoustics and climate control.
<nl>(b)<ol> Classroom facilities should be easily accessible to all class 
participants. 
<nl>(c)<ol> Audiovisual equipment shall be in good working order and in good 
condition for use in class instruction. 
<nl>(d)<ol> Television monitors must be at least 25 inches in diameter and video 
tapes must be of high quality. 
<nl>(e)<ol> Transparencies and videos must be displayed in a manner which 
produces a clear image and allows all participants to have an unobstructed view. 

sec.153.42. Program Administration.
<nl>(a)<ol> Each approved offender education program shall designate a program 
administrator who shall be responsible for and insure the proper operation of 
the program in compliance with this chapter. 
<nl>(b)<ol> Program administrators shall meet all of the requirements of program 
instructors, including successful completion of the administrator/instructor 
training program approved by the commission. 
<nl>(c)<ol> Program administrators shall develop written job descriptions that 
specifically outline the qualifications, duties, and responsibilities of the 
administrator and instructors in compliance with sec.sec.153.44, 153.52, 153.53, 
153.54, and 153.55, as applicable. 
<nl>(d)<ol> The program shall set definite and reasonable course fees. Course 
fees should be utilized to maintain and enhance the program's operations. 
<nl>(e)<ol> Program administrators shall maintain written class schedules which 
include the dates, times, and locations where classes will be held, and the fees 
charged by the program. 
<nl>(f)<ol> Program administrators shall maintain ongoing contact with 
appropriate community resources for possible referral of participants when 
indicated. 

sec.153.43. Recordkeeping and Reporting.
<nl>(a)<ol> The program administrator shall be responsible for collecting and 
maintaining all required data on each class participant.
<nl>(1)<ol> All programs shall collect the following information:
<nl>(A)<ol> name; 
<nl>(B)<ol> street address, city, and zip code; 
<nl>(C)<ol> date of birth; 
<nl>(D)<ol> sex; 
<nl>(E)<ol> driver's license number (if any); 
<nl>(F)<ol> grade in school or educational level achieved;
<nl>(G)<ol> present employment; 
<nl>(H)<ol> date of enrollment; 
<nl>(I)<ol> date of course completion; 
<nl>(J)<ol> screening instrument utilized; 
<nl>(K)<ol> screening instrument indicator codes/scores;
<nl>(L)<ol> referral recommendations; 
<nl>(N)<ol> attendance record; and 
<nl>(Q)<ol> certificate of completion number. 
<nl>(2)<ol> Drug Offender Education Programs, Alcohol Awareness Programs, and 
DWI Education Programs shall also collect the following information: 
<nl>(A)<ol> individual pre-and post-test scores ; 
<nl>(B)<ol> pre- and post-test class averages; and 
<nl>(C)<ol> percent of knowledge increase. 
<nl>(3)<ol> DWI Intervention Programs shall also collect: 
<nl>(A)<ol> blood alcohol level at time of arrest (if known);
<nl>(B)<ol> number of prior alcohol/drug-related arrests; and 
<nl>(C)<ol> documentation that the agreement form, AA attendance, 
family/significant other attendance, individual sessions, and exit interview 
requirements were completed as outlined in the Texas DWI Intervention Program 
Manual. 
<nl>(4)<ol> Alcohol Awareness Programs shall also collect the name of the 
referring judge. 
<nl>(b)<ol> Class rosters and copies of the issued certificates of completion 
shall be retained by the program administrator for at least three years from the 
date of course completion. All other records shall be retained for a period of 
one year from the date of course completion. 
<nl>(c)<ol> The following items shall be submitted to the commission by 
September 15 of each year: 
<nl>(1)<ol> total number of participants entering the course;
<nl>(2)<ol> total number of participants successfully completing the course; 
<nl>(3)<ol> total number of courses held annually;
<nl>(4)<ol> names of all certified instructors employed by the program and 
number of courses each conducted during the annual reporting period; 
<nl>(5)<ol> driver's license numbers of all participants, or, in the absence of 
a driver's license number, the date of birth of each participant completing the 
course; 
<nl>(6)<ol> average percent of knowledge increase from pre-test to post-test for 
all courses conducted during the reporting period (not required for DWI 
Intervention Programs); 
<nl>(7)<ol> percent of total participants indicating significant substance abuse 
problem as defined in the required screening procedure; and 
<nl>(8)<ol> the number of participants who entered treatment as a result of 
participation (required for DWI Intervention Programs only). 
<nl>(d)<ol> The program administrator shall notify the commission within 30 days 
of any change in address, telephone number, or change of program administrator 
or instructors. 

sec. 153.44. Program Instructors.
<nl>(a)<ol> All program instructors must: 
<nl>(1)<ol> be certified instructors who have successfully completed the 
applicable administrator/instructor offender education training program approved 
by the commission; 
<nl>(2)<ol> possess good communication skills and have demonstrated 
instructional ability; 
<nl>(3)<ol> have the ability to use a variety of teaching strategies; 
<nl>(4)<ol> serve as a resource manager by referring
participants to a full range of community services as needed; and 
<nl>(5)<ol> keep the commission informed of their current mailing address at all 
times. 
<nl>(b)<ol> Instructors in Alcohol Awareness Programs and DWI Intervention 
Programs must teach at least one complete course during the annual reporting 
period to retain certification. 
<nl>(c)<ol> If an instructor's certification lapses due to failure to comply 
with applicable requirements, the instructor must repeat and successfully 
complete the applicable initial administrator/instructor training program. 

sec.153.51. General Program Operation Requirements. 
<nl>(a)<ol> All approved offender education programs shall use the applicable 
curriculum approved in sec.153.32 of this title (relating to Program Content and 
Materials), including all required videos, transparencies, participant 
workbooks, booklets, and other resources or written materials. The curriculum 
must be presented in the prescribed manner and sequence. 
<nl>(b)<ol> All classes shall be taught by certified program instructors. 
<nl>(c)<ol> Participants shall attend all class sessions in the proper sequence. 
<nl>(d)<ol> The program shall make provisions for persons unable to read and/or 
speak English. 
<nl>(e)<ol> The program shall screen and evaluate each participant. The 
screening instrument shall be administered by program administrators and 
instructors or under their direct supervision. 
<nl>(f)<ol> A listing or roster of available chemical dependency counseling and 
treatment resources in the area shall also be made available to each participant 
whose screening results identify indicators of a potential substance abuse 
problem requiring further evaluation. 
<nl>(g)<ol> All required registration, initial data collection, and screening 
procedures shall be completed before the first class session.
<nl>(h)<ol> At the end of the course, the program shall administer a participant 
course evaluation. 
<nl>(i)<ol> An exit interview shall be conducted with each participant as 
outlined in the applicable manual. 
<nl>(j)<ol> The program shall provide a commission-issued certificate of 
completion to all participants successfully completing the course as specified 
in sec.153.33 of this title (relating to Uniform Certificates of Course 
Completion). 

sec.153.52.Additional Requirements for Drug Offender Education Programs. 
<nl>(a)<ol> Each instructor must teach a minimum of one complete course and 
successfully complete 20 hours of continuing education provided by the 
commission or a commission-approved provider during the instructor's 
certification period. 
<nl>(b)<ol> The program shall: 
<nl>(1)<ol> provide a minimum of five class sessions of instruction per course; 
<nl>(2)<ol> conduct class sessions which are not longer than three hours in 
length, and not shorter than two hours in length; 
<nl>(3)<ol> conduct no more than one class session per day; 
<nl>(4)<ol> conduct the program a minimum of one time during each reporting 
period; and 
<nl>(5)<ol> conduct classes no larger than 30 participants.
<nl>(c)<ol> The program shall administer and evaluate pre-and post-test 
instruments for each participant. 

sec.153.53. Additional Requirements for Alcohol Awareness Programs. 
<nl>(a)<ol> Instructors shall conduct a minimum of one complete course during 
the annual reporting period. 
<nl>(b)<ol> The program shall: 
<nl>(1)<ol> conduct the course a minimum of two times during each reporting 
period; 
<nl>(2)<ol> provide a minimum of six hours of class instruction per course; 
<nl>(3)<ol> conduct class sessions which are not longer than three hours in 
length; 
<nl>(4)<ol> conduct no more than one class session per day; and 
<nl>(5)<ol> conduct classes no larger than 25 participants (not including 
parents and guardians). 
<nl>(c)<ol> The program shall administer and evaluate pre-and post-test 
instruments for each participant. 

sec.153.54.Additional Requirements for DWI Education Programs. 
<nl>(a)<ol> Each instructor must teach a minimum of two complete courses (24 
hours) and successfully complete the Texas DWI Education Inservice Training 
Program approved by the commission during the instructor's certification period. 
<nl>(b)<ol> The program shall: 
<nl>(1)<ol> conduct the program a minimum of two times during each reporting 
period; 
<nl>(2)<ol> provide a minimum of 12 hours of instruction per course. 
<nl>(3)<ol> provide no more than four hours of instruction in any one day; and 
<nl>(4)<ol> conduct classes no larger than 30 participants.
<nl>(c)<ol> The program shall administer and evaluate pre-and post-test 
instruments for each participant. 
<nl>(d)<ol> Within ten working days after completion of the course and/or exit 
interview, the program shall forward the following information to the 
appropriate community supervision and corrections department and/or other 
referral resources(s): 
<nl>(1)<ol> recommendation resulting from administration of the screening 
instrument; and 
<nl>(2)<ol> notice of completion of the program. 
<nl>(e)<ol> All probationers ordered to attend the DWI Education Program shall 
complete their classes before the 181st day after the community supervision is 
granted unless an extension of time is granted by the court. 

sec.153.55. Additional Requirements for DWI Intervention Programs. 
<nl>(a)<ol> Instructors shall: 
<nl>(1)<ol> be a counselor intern, licensed chemical dependency counselor, 
licensed social worker, licensed professional counselor, or psychologist, or 
possess a bachelor's degree in the field of sociology, psychology, 
rehabilitation counseling, or a closely related field approved by the 
commission; and 
<nl>(2)<ol> have a minimum of two years of documented experience providing 
intervention counseling or treatment counseling to persons with substance abuse 
problems. 
<nl>(b)<ol> Each instructor shall conduct a minimum of one complete course 
during the annual reporting period. Team teaching can be counted towards the 
fulfillment of this requirements. 
<nl>(c)<ol> The program shall: 
<nl>(1)<ol> conduct the course a minimum of one time during each reporting 
period; 
<nl>(2)<ol> provide a minimum of 30 hours of class instruction per course; 
<nl>(3)<ol> conduct class sessions which are not longer than three hours in 
length, and not shorter than two hours in length; 
<nl>(4)<ol> conduct no more than one class session per day; 
<nl>(5)<ol> conduct no more than two class sessions per week; 
<nl>(6)<ol> conduct classes no larger than 15 participants;
<nl>(7)<ol> provide make-up class sessions for excused absences; and 
<nl>(8)<ol> conduct a minimum of two individual sessions with each participant. 
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.
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800719
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609

CHAPTER 154.DWI Repeat Offender Program Standards and Procedures 
General Provisions
40 TAC sec.sec.154.1-154.8
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas 
Commission on Alcohol and Drug Abuse or in the Texas Register office, Room 245, 
James Earl Rudder Building, 1019 Brazos Street, Austin.) 
The Texas Commission on Alcohol and Drug Abuse proposes the repeal of 
sec.sec.154.1-154.8 concerning general provisions for DWI repeat offender 
education programs. These sections define terms used in this chapter and 
describe the objective of the chapter; scope of the rules, regulations, and 
standards; program approval and renewal; denial, revocation, or nonrenewal of 
approval; invalidity of provisions; and fees. The repeal is proposed because the 
rules for the various offender education programs are being updated and 
consolidated into one chapter. 
Terry Bleier, Executive Director, has determined that for the first five-year 
period the repeal is in effect there will be no fiscal implications for state or 
local government as a result of the proposed repeal. 
Ms. Bleier also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated will be the elimination of 
obsolete rules. There will be no effect on small businesses. There is no 
anticipated economic cost to current providers. 
Comments on the proposal may be submitted to Tamara Allen, Program Compliance, 
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, 
Texas 78753. 
The repealed sections are proposed under the Texas Code of Criminal Procedure, 
Article 42.12, which provides the Texas Commission on Alcohol and Drug Abuse 
with the authority to promulgate written rules and regulations setting forth 
minimum standards for the operation of approved driving while intoxicated 
education programs. 
The code affected by the repealed sections is the Texas Code of Criminal 
Procedure, Article 42.12. 
sec.154.1. Definitions.
sec.154.2. Objective. 
sec.154.3. Scope of Rules, Regulations, and Standards.
sec.154.4. Program Approval. 
sec.154.5. Approved DWI Repeat Offender Program Renewal.
sec.154.6. Denial, Revocation, or Nonrenewal of Approval.
sec.154.7. Invalidity of Provisions. 
sec.154.8. Fees. 
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.
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800720
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609

DWI Repeat Offender Program Standards
40 TAC sec.sec.154.20-154.32
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas 
Commission on Alcohol and Drug Abuse or in the Texas Register office, Room 245, 
James Earl Rudder Building, 1019 Brazos Street, Austin.) 
The Texas Commission on Alcohol and Drug Abuse proposes the repeal of 
sec.sec.154.20-154.32 concerning program standards and procedures for DWI repeat 
offender education programs. These sections describe the program purpose, 
content, admission criteria, confidentiality, operational requirements, 
discrimination prohibitions, provisions for participant complaints, and 
requirements for program administrators, instructors, classroom facilities, 
recordkeeping and reporting. These sections also state that the commission will 
maintain a listing of programs and has the right to monitor programs for 
compliance. The repeal is proposed because the rules for the various offender 
education programs are being updated and consolidated into one chapter. 
Terry Bleier, Executive Director, has determined that for the first five-year 
period the repeal is in effect there will be no fiscal implications for state or 
local government as a result of the proposed repeal. 
Ms. Bleier also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated will be the elimination of 
obsolete rules. There will be no effect on small businesses. There is no 
anticipated economic cost to current providers. 
Comments on the proposal may be submitted to Tamara Allen, Program Compliance, 
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, 
Texas 78753. 
The repealed sections are proposed under the Texas Code of Criminal Procedure, 
Article 42.12, which provides the Texas Commission on Alcohol and Drug Abuse 
with the authority to promulgate written rules and regulations setting forth 
minimum standards for the operation of approved driving while intoxicated 
education programs. 
The code affected by the repealed sections is the Texas Code of Criminal 
Procedure, Article 42.12. 
sec.154.20. Program Purpose. 
sec.154.21. Program Content.
sec.154.22. Program Admission.
sec.154.23. Confidentiality. 
sec.154.24. Program Operation Requirements. 
sec.154.25. Discrimination Prohibited. 
sec.154.26. Participant Complaints. 
sec.154.27. Program Administrators. 
sec.154.28. Program Instructors. 
sec.154.29. Classroom Facilities. 
sec.154.30. Recordkeeping and Reporting. 
sec.154.31. Program Listing. 
sec.154.32. Program Monitoring. 
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.
Filed with the Office of the Secretary of State, on January 16, 1998.
TRD-9800721
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609

TITLE 43. TRANSPORTATION
PART II. Texas Department of Transportation Board of Directors of the Texas 
Turnpike Authority Division
CHAPTER 50.Management
SUBCHAPTER A.General Provisions
43 TAC sec.50.2
The Board of Directors of the Texas Turnpike Authority Division of the Texas 
Department of Transportation (the "Board") proposes new sec.50.2, concerning 
definitions.
EXPLANATION OF PROPOSED RULE 
Senate Bill 370, 75th Legislature, 1997, created the Texas Turnpike Authority 
Division of the Texas Department of Transportation (division), to be governed by 
a Board of Directors. The Texas Transportation Commission employs the director 
of the division. The director reports to the commission and the Board. 
Section 50.2. Defines general words and terms to be used in new Chapter 50, 
Management. 
FISCAL NOTE 
Frank J. Smith, Director, Budget and Finance Division, has determined that for 
the first five years the new section as proposed is in effect, there will be no 
significant fiscal implications for state or local governments as a result of 
enforcement or administration of the section. There are no anticipated economic 
costs to persons required to comply with the section as proposed. 
Pete Davis, P.E., Director, Texas Turnpike Authority Division, has certified 
that there will be no significant impact on local economies or overall 
employment as a result of enforcing or administering the proposed rule. 
PUBLIC BENEFIT
Mr. Davis also has determined that for each year of the first five years the 
section as proposed is in effect, the public benefit anticipated as a result of 
the new definitions will be greater clarity and consistency of Texas Turnpike 
Authority division rules. There will be no effect on small businesses.  
SUBMITTAL OF COMMENTS
Written comments on the proposed new section may be submitted to Pete Davis, 
P.E., Director, Texas Turnpike Authority Division, 125 East 11th Street, Austin, 
Texas 78701-2483, (512) 936-0903, fax (512) 305-9518. The deadline for receipt 
of comments will be 5:00 p.m. on March 2, 1998 
STATUTORY DIVISION
The new section is proposed under Transportation Code, sec.361.042, which 
requires the Board to adopt rules for the regulation of its affairs and the 
conduct of its business. 
There are no other rules, codes, or statutes that will be affected by this 
proposal.

sec.50.2.Definitions.
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise. 
Authority - The Texas Turnpike Authority division of the Texas Department of 
Transportation.
Board - The board of directors of the authority. 
Chair - The presiding officer of the Board. 
Commission - The Texas Transportation Commission. 
Department - The Texas Department of Transportation. 
Director - The chief administrative officer of the authority.
Executive director - The chief administrative officer of the Texas Department of 
Transportation. 
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. 
Filed with the Office of the Secretary of State, on January 14, 1998.
TRD-9800634
Bob Jackson
Acting General Counsel
Texas Department of Transportation Board of Directors of the Texas Turnpike 
Authority Division
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 463-8630

SUBCHAPTER C.Public Meetings and Hearings
43 TAC sec.50.32
The Board of Directors of the Texas Turnpike Authority Division of the Texas 
Department of Transportation (the "Board") proposes new sec.50.32, concerning 
public access to board meetings. 
EXPLANATION OF PROPOSED RULE 
Senate Bill 370, 75th Legislature, 1997, created the Texas Turnpike Authority 
Division of the Texas Department of Transportation (division), to be governed by 
a Board of Directors. 
Transportation Code, sec.361.051, requires the division to make and implement 
policies that provide the public with a reasonable opportunity to appear before 
the Board to speak on any issue under the jurisdiction of the division. In 
compliance with sec.361.051, sec.50.32 provides policies and procedures 
governing public access to the Board in order to facilitate that access and 
maximize public participation in the decision-making process, while ensuring 
orderly and effective conduct of Board meetings. 
Section 50.32. Provides for the following: persons to speak on posted agenda 
items; for persons to request the department to add an item to the board agenda; 
for persons to speak on any matter under the board's jurisdiction during an 
open-comment period; that persons with special communication or accommodation 
needs may contact the division which will make every effort to accommodate; for 
notice of board meetings in accordance with the Open Meetings Act; guidelines 
for meeting attendees to assure proper decorum, opportunity to be heard, and 
orderly proceedings; for the presiding officer of the board to waive 
requirements of this section in the public interest if necessary for the 
performance of the responsibilities of the division.
FISCAL NOTE
Frank J. Smith, Director, Budget and Finance Division, has determined that for 
the first five years the new section as proposed is in effect, there will be no 
significant fiscal implications for state or local governments as a result of 
enforcement or administration of the section. There are no anticipated economic 
costs to persons required to comply with the section as proposed.  
Pete Davis, P.E., Director, Texas Turnpike Authority Division, has certified 
that there will be no significant impact on local economies or overall 
employment as a result of enforcing or administering the proposed rule. 
PUBLIC BENEFIT
Mr. Davis also has determined that for each year of the first five years the 
section as proposed is in effect, the public benefit anticipated as a result of 
the new section on public access to Board meetings will be greater clarity and 
consistency in dealing with the public and providing the public access to the 
Board. There will be no effect on small businesses. 
SUBMITTAL OF COMMENTS
Written comments on the proposed new section may be submitted to Pete Davis, 
P.E., Director, Texas Turnpike Authority Division, 125 East 11th Street, Austin, 
Texas 78701-2483, (512) 936-0903, fax (512) 305-9518. The deadline for receipt 
of comments will be 5:00 p.m. on March 2, 1998. 
STATUTORY DIVISION 
The new section is proposed under Transportation Code, sec.360.042, which 
requires the Board to adopt rules for the regulation of its affairs and the 
conduct of its business, and more specifically, Transportation Code, 
sec.361.042, which requires the division to make and implement policies that 
provide the public with a reasonable opportunity to appear before the Board to 
speak on any issue under the jurisdiction of the division. 
There are no other rules, codes, or statutes that will be affected by this 
proposal.

sec. 50.32.Public Access to Board Meetings. 
(a) Purpose. This section provides policies and procedures governing public 
access to the board in order to facilitate that access and maximize public 
participation in the decision-making process, while ensuring orderly and 
effective conduct of meetings. 
(b) Posted agenda items. A person may speak before the board on any matter on a 
posted agenda by submitting a request, in a form and manner as prescribed by the 
authority, prior to the matter being taken up by the board. A person speaking 
before the board on an agenda item will be allowed an opportunity to speak: 
(1) prior to a vote by the board on the item; and 
(2) for a maximum of three minutes, except as provided in subsection (g)(6) of 
this section. 
(c) New agenda items. 
(1) A person may request the authority to add an item to the board agenda by 
submitting, no less than 20 days prior to the date which has been set for the 
next meeting, the following information: 
(A) the name and address of the person making the request;
(B) a clear and concise statement of the subject of the proposed agenda item; 
and 
(C) a brief summary of the action sought. 
(2) If the authority determines that the proposed item is within the 
jurisdiction of the board, the matter will be placed on the posted agenda for 
the next or a subsequent meeting, consistent with available time. If the 
proposed item concerns a matter that has appeared on the posted agenda of a 
board meeting during the previous six months, the request may be denied or 
deferred for consideration at the discretion of the authority and the board. 
(d) Open comment period. 
(1) At the conclusion of the posted agenda of each regular business meeting, the 
board will allow an open comment period, not to exceed one hour, to receive 
public comment on any other matter that is under the jurisdiction of the board. 
(2) A person desiring to appear under this subsection must complete a 
registration form, as provided by the authority, prior to the beginning of the 
open comment period. 
(3) Except as provided in subsection (g)(6) of this section, each person will be 
allowed to speak for a maximum of three minutes for each presentation in the 
order in which he or she registered. 
(e) Disability accommodation. Persons with disabilities who have special 
communication or accommodation needs and who plan to attend a meeting may 
contact the authority's office in Austin. Requests should be made at least two 
days before a meeting. The authority will make every reasonable effort to 
accommodate these needs. 
(f) Notice. For each board meeting a notice and a summary agenda will be 
published in the Texas Register, and, not less than seven days prior to that 
meeting, a notice and complete agenda will be filed with the Secretary of State.
(g) Conduct and decorum. The board will receive public input as authorized by 
this section, subject to the following guidelines. 
(1) Questioning of those making presentations will be reserved to board members 
and the authority's administrative staff. 
(2) Organizations, associations, or groups are encouraged to present their 
commonly held views, and same or similar comments, through a representative 
member when possible. 
(3) Presentations shall remain pertinent to the issue being discussed. 
(4) A person who disrupts a meeting must leave the meeting room if ordered to do 
so by the chair. 
(5) A person may not assign a portion of his or her time to another speaker. 
(6) The time allotted for presentations or comments under this section may be 
increased or further limited by the chair, or, in his or her absence, the vice-
chair, as may be appropriate to assure opportunity for the maximum number of 
persons to appear. 
(h) Waiver. Subject to the approval of the chair, a requirement of this section 
may be waived in the public interest if necessary for the performance of the 
responsibilities of the board or the authority.
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.
Filed with the Office of the Secretary of State, on January 14, 1998.
TRD-9800635
Bob Jackson
Acting General Counsel
Texas Department of Transportation Board of Directors of the Texas Turnpike 
Authority Division
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 463-8630

SUBCHAPTER D.Employment Practices
43 TAC sec.sec.50.41-50.43
The Board of Directors of the Texas Turnpike Authority Division of the Texas 
Department of Transportation (the "Board") proposes new sec.sec.50.41-50.43, 
concerning employment practices. 
EXPLANATION OF PROPOSED RULE 
Senate Bill 370, 75th Legislature, 1997, created the Texas Turnpike Authority 
Division of the Texas Department of Transportation (division), to be governed by 
a Board of Directors. The Texas Transportation Commission employs the director 
of the division. The director reports to the commission and the Board. 
Section 50.41. To clarify the status of division employees in regard to policies 
and procedures governing employees of the Texas Department of Transportation, 
sec.50.41 provides that, unless otherwise provided by the Board, employees of 
the division are subject to the same human resource rules, policies, and 
procedures applicable to other employees of the department. 
Section 50.42. To allow for participation of division employees in the 
department's sick leave pool program, sec.50.42 adopts by reference the 
department's rules concerning its sick leave pool. 
Section 50.43. To allow for participation of division employees in the 
department's employee training and education program, sec.50.43 adopts by 
reference the department's rules concerning employee training and education.
FISCAL NOTE
Frank J. Smith, Director, Budget and Finance Division, has determined that for 
the first five years the new sections as proposed are in effect, there will be 
no significant fiscal implications for state or local governments as a result of 
enforcement or administration of the sections. There are no anticipated economic 
costs to persons required to comply with the sections as proposed. 
Pete Davis, P.E., Director, Texas Turnpike Authority Division, has certified 
that there will be no significant impact on local economies or overall 
employment as a result of enforcing or administering the proposed rules. 
PUBLIC BENEFIT 
Mr. Davis also has determined that for each year of the first five years the 
sections as proposed are in effect, the public benefit anticipated as a result 
of enforcement of and compliance with the sections will be uniform policies and 
procedures governing the employees of the division which are consistent with 
those policies and procedures governing other employees of the Texas Department 
of Transportation. There will be no effect on small businesses.  
SUBMITTAL OF COMMENTS
Written comments on the proposed new sections may be submitted to Pete Davis, 
P.E., Director, Texas Turnpike Authority Division, 125 East 11th Street, Austin, 
Texas 78701-2483, (512) 936-0903, fax (512) 305-9518. The deadline for receipt 
of comments will be 5:00 p.m. on March 2, 1998. 
STATUTORY DIVISION
The new sections are proposed under Transportation Code, sec.361.042, which 
requires the Board to adopt rules for the regulation of it affairs and the 
conduct of its business, and more specifically, Government Code, sec.661.002, 
which requires the governing body of a state agency to adopt rules and prescribe 
procedures relating to the operation of the agency sick leave pool, and 
Government Code, Chapter 656, which requires a state agency to adopt rules 
relating to its employees training and education. 
There are no other rules, codes, or statutes that will be affected by this 
proposal.

sec. 50.41. General Policy. 
Unless otherwise provided by action of the Board, employees of the authority are 
subject to the same human resource rules, policies, and procedures applicable to 
other employees of the department. As applied to the authority, any reference in 
those rules, policies, and procedures to the executive director of the 
department shall mean the director of the authority.

sec.50.42.Sick Leave Pool Program.
Government Code, sec.661.002, requires the governing body of a state agency to 
adopt rules and prescribe procedures relating to the operation of the agency 
sick leave pool. Employees of the authority are authorized to participate in the 
department's sick leave pool program and shall comply with all policies and 
procedures governing the program. The Board adopts by reference sec.sec.4.50-
4.56 et seq. (relating to Sick Leave Pool Program) as they may be amended from 
time to time. 

sec.50.43. Employee Training and Education. 
(a) Government Code, Chapter 656, requires a state agency to adopt rules 
relating to the: 
(1) eligibility of the agency's administrator's employees for training and 
education supported by the agency; and 
(2) the obligations assumed by the administrators and employees on receiving the 
training and education. 
(b) Pursuant to that chapter, the commission has adopted rules governing the 
training and education of department employees, codified as sec.sec.4.60-4.64 et 
seq. (relating to Employee Training and Education).
(c) The Board adopts by reference sec.sec.4.60 et seq., as they may be amended 
from time to time. As applied to the authority, any reference in those sections 
to the executive director of the department shall mean the director of the 
authority. 
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.
Filed with the Office of the Secretary of State, on January 14, 1998.
TRD-9800636
Bob Jackson
Acting General Counsel
Texas Department of Transportation Board of Directors of the Texas Turnpike 
Authority Division
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 463-8630